1 | Representative Gaetz offered the following: |
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3 | Amendment (with title amendment) |
4 | Remove lines 112-174 and insert: |
5 | passed in violation of state law or under color of local or |
6 | state authority. |
7 | (3) PROHIBITIONS; PENALTIES.- |
8 | (a) Any person, county, agency, municipality, district, or |
9 | other entity that violates the Legislature's occupation of the |
10 | whole field of regulation of firearms and ammunition, as |
11 | declared in subsection (1), by enacting or causing to be |
12 | enforced any local ordinance or administrative rule or |
13 | regulation impinging upon such exclusive occupation of the field |
14 | shall be liable as set forth herein. |
15 | (b) If any county, city, town, or other local government |
16 | violates this section, the court shall declare the improper |
17 | ordinance, regulation, or rule invalid and issue a permanent |
18 | injunction against the local government prohibiting it from |
19 | enforcing such ordinance, regulation, or rule. It is no defense |
20 | that in enacting the ordinance, regulation, or rule the local |
21 | government was acting in good faith or upon advice of counsel. |
22 | (c) If the court determines that a violation was knowing |
23 | and willful, the court shall assess a civil fine of up to $5,000 |
24 | against the elected or appointed local government official or |
25 | officials or administrative agency head under whose jurisdiction |
26 | the violation occurred. |
27 | (d) Except as required by applicable law, public funds may |
28 | not be used to defend or reimburse the unlawful conduct of any |
29 | person found to have knowingly and willfully violated this |
30 | section. |
31 | (e) A knowing and willful violation of any provision of |
32 | this section by a person acting in an official capacity for any |
33 | entity enacting or causing to be enforced a local ordinance or |
34 | administrative rule or regulation prohibited under paragraph (a) |
35 | or otherwise under color of law shall be cause for termination |
36 | of employment or contract or removal from office by the |
37 | Governor. |
38 | (f) A person or an organization whose membership is |
39 | adversely affected by any ordinance, regulation, measure, |
40 | directive, rule, enactment, order, or policy promulgated or |
41 | caused to be enforced in violation of this section may file suit |
42 | against any county, agency, municipality, district, or other |
43 | entity in any court of this state having jurisdiction over any |
44 | defendant to the suit for declaratory and injunctive relief and |
45 | for actual damages, as limited herein, caused by the violation. |
46 | A court shall award the prevailing plaintiff in any such suit: |
47 | 1. Reasonable attorney's fees and costs in accordance with |
48 | the laws of this state, including a contingency fee multiplier, |
49 | as authorized by law; and |
50 | 2. The actual damages incurred, but not more than |
51 | $100,000. |
52 |
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53 | Interest on the sums awarded pursuant to this subsection shall |
54 | accrue at the legal rate from the date on which suit was filed. |
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58 | ----------------------------------------------------- |
59 | T I T L E A M E N D M E N T |
60 | Remove lines 13-26 and insert: |
61 | and delivery of a handgun; providing injunctive relief |
62 | from the enforcement of an invalid ordinance, regulation, |
63 | or rule; providing a civil penalty for knowing and willful |
64 | violation of prohibitions; providing that public funds may |
65 | not be used to defend or reimburse the unlawful conduct of |
66 | any person charged with a knowing and willful violation of |
67 | the act; providing for termination of employment or |
68 | contract or removal from office of a person acting in an |
69 | official capacity who knowingly and willfully violates any |
70 | provision of the act; providing for declaratory and |
71 | injunctive relief for specified persons or organizations; |
72 | providing for specified damages and interest; |