CS/CS/CS/HB 45

1	A bill to be entitled
2	An act relating to the regulation of firearms and
3	ammunition; amending s. 790.33, F.S.; clarifying and
4	reorganizing provisions that preempt to the state the
5	entire field of regulation of firearms; prohibiting the
6	knowing and willful violation of the Legislature's
7	occupation of the whole field of regulation of firearms
8	and ammunition by the enactment or causation of
9	enforcement of any local ordinance or administrative rule
10	or regulation; providing additional intent of the section;
11	eliminating provisions authorizing counties to adopt an
12	ordinance requiring a waiting period between the purchase
13	and delivery of a handgun; providing a penalty for knowing
14	and willful violation of prohibitions; providing for
15	investigation of complaints of violations of the section
16	and prosecution of violators by the state attorney;
17	providing that public funds may not be used to defend the
18	unlawful conduct of any person charged with a knowing and
19	willful violation of the section; providing for
20	termination of employment or contract or removal from
21	office of a person acting in an official capacity who
22	knowingly and willfully violates any provision of the
23	section; providing for declaratory and injunctive relief
24	for specified persons or organizations; providing for
25	specified damages and interest; providing for seizure of
26	certain vehicles for specified nonpayment of damages;
27	providing exceptions to prohibitions of the section;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 790.33, Florida Statutes, is amended to
33	read:
34	790.33  Field of regulation of firearms and ammunition
35	preempted.-
36	(1)  PREEMPTION.-Except as expressly provided by the State
37	Constitution or general law, the Legislature hereby declares
38	that it is occupying the whole field of regulation of firearms
39	and ammunition, including the purchase, sale, transfer,
40	taxation, manufacture, ownership, possession, storage, and
41	transportation thereof, to the exclusion of all existing and
42	future county, city, town, or municipal ordinances or any
43	administrative regulations or rules adopted by local or state
44	government relating thereto. Any such existing ordinances,
45	rules, or regulations are hereby declared null and void. This
46	subsection shall not affect zoning ordinances which encompass
47	firearms businesses along with other businesses. Zoning
48	ordinances which are designed for the purpose of restricting or
49	prohibiting the sale, purchase, transfer, or manufacture of
50	firearms or ammunition as a method of regulating firearms or
51	ammunition are in conflict with this subsection and are
52	prohibited.
53	(2)  LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.-
54	(a)  Any county may have the option to adopt a waiting-
55	period ordinance requiring a waiting period of up to, but not to
56	exceed, 3 working days between the purchase and delivery of a
57	handgun. For purposes of this subsection, "purchase" means
58	payment of deposit, payment in full, or notification of intent
59	to purchase. Adoption of a waiting-period ordinance, by any
60	county, shall require a majority vote of the county commission
61	on votes on waiting-period ordinances. This exception is limited
62	solely to individual counties and is limited to the provisions
63	and restrictions contained in this subsection.
64	(b)  Ordinances authorized by this subsection shall apply
65	to all sales of handguns to individuals by a retail
66	establishment except those sales to individuals exempted in this
67	subsection. For purposes of this subsection, "retail
68	establishment" means a gun shop, sporting goods store, pawn
69	shop, hardware store, department store, discount store, bait or
70	tackle shop, or any other store or shop that offers handguns for
71	walk-in retail sale but does not include gun collectors shows or
72	exhibits, or gun shows.
73	(c)  Ordinances authorized by this subsection shall not
74	require any reporting or notification to any source outside the
75	retail establishment, but records of handgun sales must be
76	available for inspection, during normal business hours, by any
77	law enforcement agency as defined in s. 934.02.
78	(d)  The following shall be exempt from any waiting period:
79	1.  Individuals who are licensed to carry concealed
80	firearms under the provisions of s. 790.06 or who are licensed
81	to carry concealed firearms under any other provision of state
82	law and who show a valid license;
83	2.  Individuals who already lawfully own another firearm
84	and who show a sales receipt for another firearm; who are known
85	to own another firearm through a prior purchase from the retail
86	establishment; or who have another firearm for trade-in;
87	3.  A law enforcement or correctional officer as defined in
88	s. 943.10;
89	4.  A law enforcement agency as defined in s. 934.02;
90	5.  Sales or transactions between dealers or between
91	distributors or between dealers and distributors who have
92	current federal firearms licenses; or
93	6.  Any individual who has been threatened or whose family
94	has been threatened with death or bodily injury, provided the
95	individual may lawfully possess a firearm and provided such
96	threat has been duly reported to local law enforcement.
97	(2)(3)  POLICY AND INTENT.-
98	(a)  It is the intent of this section to provide uniform
99	firearms laws in the state; to declare all ordinances and
100	regulations null and void which have been enacted by any
101	jurisdictions other than state and federal, which regulate
102	firearms, ammunition, or components thereof; to prohibit the
103	enactment of any future ordinances or regulations relating to
104	firearms, ammunition, or components thereof unless specifically
105	authorized by this section or general law; and to require local
106	jurisdictions to enforce state firearms laws.
107	(b)  It is further the intent of this section to deter and
108	prevent the violation of this section and the violation of
109	rights protected under the constitution and laws of this state
110	related to firearms, ammunition, or components thereof, by the
111	abuse of official authority that occurs when enactments are
112	knowingly passed in violation of state law or under color of
113	local or state authority.
114	(3)  PROHIBITIONS; PENALTIES.-
115	(a)  Any person, county, agency, municipality, district, or
116	other entity that knowingly and willfully violates the
117	Legislature's occupation of the whole field of regulation of
118	firearms and ammunition, as declared in subsection (1), by
119	enacting or causing to be enforced any local ordinance or
120	administrative rule or regulation commits a noncriminal
121	violation as defined in s. 775.08, punishable as provided in ss.
122	775.082 and 775.083.
123	(b)  The state attorney in the appropriate jurisdiction
124	shall investigate complaints of noncriminal violations of this
125	section and, where the state attorney determines that probable
126	cause of a violation exists, may prosecute violators in the
127	circuit court where the complaint arose.
128	(c)  If the court determines that the violation was knowing
129	and willful, the court shall assess a fine of not less than
130	$5,000 and not more than $100,000 against the elected or
131	appointed local government official or officials or
132	administrative agency head under whose jurisdiction the
133	violation occurred. The elected or appointed local government
134	official or officials or administrative agency head shall be
135	personally liable for the payment of all fines, costs, and fees
136	assessed by the court for the noncriminal violation.
137	(d)  Except as required by s. 16, Art. I of the State
138	Constitution or the Sixth Amendment to the United States
139	Constitution, public funds may not be used to defend the
140	unlawful conduct of any person charged with a knowing and
141	willful violation of this section.
142	(e)  A knowing and willful violation of any provision of
143	this section by a person acting in an official capacity for any
144	entity enacting or causing to be enforced a local ordinance or
145	administrative rule or regulation prohibited under paragraph (a)
146	or otherwise under color of law shall be cause for immediate
147	termination of employment or contract or removal from office by
148	the Governor.
149	(f)  A person or an organization whose membership is
150	adversely affected by any ordinance, regulation, measure,
151	directive, rule, enactment, order, or policy promulgated or
152	caused to be enforced in violation of this section may file suit
153	against any county, agency, municipality, district, or other
154	entity, and against any person in that person's individual or
155	official capacity, in any court of this state having
156	jurisdiction over any defendant to the suit for declaratory and
157	injunctive relief and for all actual and consequential damages
158	attributable to the violation. A court shall award the
159	prevailing plaintiff in any such suit:
160	1.  Reasonable attorneys' fees and costs in accordance with
161	the laws of this state, including a contingency fee multiplier,
162	if applicable, of between 1.5 and 3; and
163	2.  The greater of actual damages or an amount as
164	determined by the court of not less than $25,000 or more than
165	$100,000.
166
167	Damages under this subsection are not subject to the
168	requirements or limitations on damages set forth in s. 768.28.
169	Interest on the sums awarded pursuant to this subsection shall
170	accrue at 15 percent per annum from the date on which suit was
171	filed. Where applicable, payment may be secured by seizure of
172	any vehicles used or operated for the benefit of any elected
173	officeholder or official found to have violated this section if
174	not paid within 72 hours after the order's filing.
175	(4)  EXCEPTIONS.-This section does not prohibit:
176	(a)  Zoning ordinances that encompass firearms businesses
177	along with other businesses, except that zoning ordinances that
178	are designed for the purpose of restricting or prohibiting the
179	sale, purchase, transfer, or manufacture of firearms or
180	ammunition as a method of regulating firearms or ammunition are
181	in conflict with this subsection and are prohibited;
182	(b)  A duly organized law enforcement agency from enacting
183	and enforcing regulations pertaining to firearms, ammunition, or
184	firearm accessories issued to or used by peace officers in the
185	course of their official duties;
186	(c)  Except as provided in s. 790.251, any entity subject
187	to the prohibitions of this section from regulating or
188	prohibiting the carrying of firearms and ammunition by an
189	employee of the entity during and in the course of the
190	employee's official duties;
191	(d)  A court or administrative law judge from hearing and
192	resolving any case or controversy or issuing any opinion or
193	order on a matter within the jurisdiction of that court or
194	judge; or
195	(e)  The Florida Fish and Wildlife Conservation Commission
196	from regulating the use of firearms or ammunition as a method of
197	taking wildlife and regulating the shooting ranges managed by
198	the commission.
199	(5)(b)  SHORT TITLE.-As created by chapter 87-23, Laws of
200	Florida, this section shall be known and may be cited as the
201	"Joe Carlucci Uniform Firearms Act."
202	Section 2.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.