Bill Text: FL H0045 | 2011 | Regular Session | Engrossed

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Bill Title: Regulation of Firearms and Ammunition

Spectrum: Moderate Partisan Bill (Republican 22-3)

Status: (Engrossed - Dead) 2011-04-29 - Ordered enrolled -HJ 961 [H0045 Detail]

Download: Florida-2011-H0045-Engrossed.html

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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 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
28	Be It Enacted by the Legislature of the State of Florida:
29
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
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.

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