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