Florida Senate - 2013 SB 1018
By Senator Ring
29-00891A-13 20131018__
1 A bill to be entitled
2 An act relating to the regulation of firearms and
3 ammunition; amending s. 790.33, F.S.; providing that
4 except as otherwise expressly prohibited by the State
5 Constitution, the municipalities and counties of this
6 state may regulate the field of firearms and
7 ammunition, including the purchase, sale, transfer,
8 taxation, manufacture, ownership, possession, storage,
9 and transportation of firearms and ammunition;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 790.33, Florida Statutes, is amended to
15 read:
16 790.33 Field of regulation of firearms and ammunition;
17 county and municipal ordinances preempted.—
18 (1) PREEMPTION.—Except as otherwise expressly prohibited
19 provided by the State Constitution or general law, the
20 municipalities and counties of this state may enact and enforce
21 ordinances that regulate Legislature hereby declares that it is
22 occupying the whole field of regulation of firearms and
23 ammunition, including the purchase, sale, transfer, taxation,
24 manufacture, ownership, possession, storage, and transportation
25 thereof, to the exclusion of all existing and future county,
26 city, town, or municipal ordinances or any administrative
27 regulations or rules adopted by local or state government
28 relating thereto. Any such existing ordinances, rules, or
29 regulations are hereby declared null and void.
30 (2) POLICY AND INTENT.—
31 (a) It is the intent of this section to provide uniform
32 firearms laws in the state; to declare all ordinances and
33 regulations null and void which have been enacted by any
34 jurisdictions other than state and federal, which regulate
35 firearms, ammunition, or components thereof; to prohibit the
36 enactment of any future ordinances or regulations relating to
37 firearms, ammunition, or components thereof unless specifically
38 authorized by this section or general law; and to require local
39 jurisdictions to enforce state firearms laws.
40 (b) It is further the intent of this section to deter and
41 prevent the violation of this section and the violation of
42 rights protected under the constitution and laws of this state
43 related to firearms, ammunition, or components thereof, by the
44 abuse of official authority that occurs when enactments are
45 passed in violation of state law or under color of local or
46 state authority.
47 (3) PROHIBITIONS; PENALTIES.—
48 (a) Any person, county, agency, municipality, district, or
49 other entity that violates the Legislature’s occupation of the
50 whole field of regulation of firearms and ammunition, as
51 declared in subsection (1), by enacting or causing to be
52 enforced any local ordinance or administrative rule or
53 regulation impinging upon such exclusive occupation of the field
54 shall be liable as set forth herein.
55 (b) If any county, city, town, or other local government
56 violates this section, the court shall declare the improper
57 ordinance, regulation, or rule invalid and issue a permanent
58 injunction against the local government prohibiting it from
59 enforcing such ordinance, regulation, or rule. It is no defense
60 that in enacting the ordinance, regulation, or rule the local
61 government was acting in good faith or upon advice of counsel.
62 (c) If the court determines that a violation was knowing
63 and willful, the court shall assess a civil fine of up to $5,000
64 against the elected or appointed local government official or
65 officials or administrative agency head under whose jurisdiction
66 the violation occurred.
67 (d) Except as required by applicable law, public funds may
68 not be used to defend or reimburse the unlawful conduct of any
69 person found to have knowingly and willfully violated this
70 section.
71 (e) A knowing and willful violation of any provision of
72 this section by a person acting in an official capacity for any
73 entity enacting or causing to be enforced a local ordinance or
74 administrative rule or regulation prohibited under paragraph (a)
75 or otherwise under color of law shall be cause for termination
76 of employment or contract or removal from office by the
77 Governor.
78 (f) A person or an organization whose membership is
79 adversely affected by any ordinance, regulation, measure,
80 directive, rule, enactment, order, or policy promulgated or
81 caused to be enforced in violation of this section may file suit
82 against any county, agency, municipality, district, or other
83 entity in any court of this state having jurisdiction over any
84 defendant to the suit for declaratory and injunctive relief and
85 for actual damages, as limited herein, caused by the violation.
86 A court shall award the prevailing plaintiff in any such suit:
87 1. Reasonable attorney’s fees and costs in accordance with
88 the laws of this state, including a contingency fee multiplier,
89 as authorized by law; and
90 2. The actual damages incurred, but not more than $100,000.
91
92 Interest on the sums awarded pursuant to this subsection shall
93 accrue at the legal rate from the date on which suit was filed.
94 (4) EXCEPTIONS.—This section does not prohibit:
95 (a) Zoning ordinances that encompass firearms businesses
96 along with other businesses, except that zoning ordinances that
97 are designed for the purpose of restricting or prohibiting the
98 sale, purchase, transfer, or manufacture of firearms or
99 ammunition as a method of regulating firearms or ammunition are
100 in conflict with this subsection and are prohibited;
101 (b) A duly organized law enforcement agency from enacting
102 and enforcing regulations pertaining to firearms, ammunition, or
103 firearm accessories issued to or used by peace officers in the
104 course of their official duties;
105 (c) Except as provided in s. 790.251, any entity subject to
106 the prohibitions of this section from regulating or prohibiting
107 the carrying of firearms and ammunition by an employee of the
108 entity during and in the course of the employee’s official
109 duties;
110 (d) A court or administrative law judge from hearing and
111 resolving any case or controversy or issuing any opinion or
112 order on a matter within the jurisdiction of that court or
113 judge; or
114 (e) The Florida Fish and Wildlife Conservation Commission
115 from regulating the use of firearms or ammunition as a method of
116 taking wildlife and regulating the shooting ranges managed by
117 the commission.
118 (5) SHORT TITLE.—As created by chapter 87-23, Laws of
119 Florida, this section may be cited as the “Joe Carlucci Uniform
120 Firearms Act.”
121 Section 2. This act shall take effect July 1, 2013.