| 1 | Representative Gaetz offered the following: |
| 2 |
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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. |
| 55 |
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| 56 |
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| 57 |
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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; |