Bill Text: FL H0899 | 2012 | Regular Session | Introduced

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Bill Title: Regulation of Firearms and Ammunition

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice Subcommittee [H0899 Detail]

Download: Florida-2012-H0899-Introduced.html

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HB 899

1	A bill to be entitled
2	An act relating to the regulation of firearms and
3	ammunition; amending s. 790.33, F.S., the Joe Carlucci
4	Uniform Firearms Act, to eliminate amendments made to
5	the act by, and restore the act as it existed prior to
6	the enactment of, ch. 2011-109, Laws of Florida, on
7	October 1, 2011; making editorial and organizational
8	changes; revising provisions that preempt to the state
9	the entire field of regulation of firearms; providing
10	that the preemption does not affect zoning ordinances
11	which encompass firearms businesses along with other
12	businesses; specifying that certain zoning ordinances
13	are in conflict with the preemption and are
14	prohibited; reinstating the limited exception to such
15	preemption which authorizes a county to have the
16	option to adopt an ordinance that requires a waiting
17	period of up to 3 working days between the purchase
18	and delivery of a handgun; defining the term
19	"purchase"; providing requirements and limitations
20	with respect to the adoption of a waiting-period
21	ordinance; providing applicability of such ordinances;
22	defining the term "retail establishment"; providing
23	requirements with respect to inspection of records of
24	handgun sales; providing exemptions from a waiting
25	period; revising intent of the act; eliminating
26	provisions which prohibit the knowing and willful
27	violation of the Legislature's occupation of the whole
28	field of regulation of firearms and ammunition by the
29	enactment or causation of enforcement of any local
30	ordinance or administrative rule or regulation;
31	eliminating provision of injunctive relief from the
32	enforcement of an invalid ordinance, regulation, or
33	rule; eliminating the civil penalty for knowing and
34	willful violation of prohibitions; eliminating
35	provisions which disallow the use of public funds to
36	defend or reimburse the unlawful conduct of a person
37	charged with a knowing and willful violation of the
38	act; eliminating provisions which provide for
39	termination of employment or contract or removal from
40	office of a person acting in an official capacity who
41	knowingly and willfully violates any provision of the
42	act; eliminating declaratory and injunctive relief for
43	specified persons or organizations; eliminating
44	specified damages and interest; eliminating exceptions
45	to prohibitions of the act; reenacting s. 790.251(4),
46	F.S., relating to prohibited acts of public and
47	private employers under provisions governing the right
48	to keep and bear arms in motor vehicles for self-
49	defense and other lawful purposes, for the purpose of
50	incorporating the amendment to s. 790.33, F.S., in a
51	reference thereto; providing an effective date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Section 790.33, Florida Statutes, is amended to
56	read:
57	790.33  Field of regulation of firearms and ammunition
58	preempted.-
59	(1)  PREEMPTION.-Except as expressly provided by the State
60	Constitution or general law, the Legislature hereby declares
61	that it is occupying the whole field of regulation of firearms
62	and ammunition, including the purchase, sale, transfer,
63	taxation, manufacture, ownership, possession, storage, and
64	transportation thereof, to the exclusion of all existing and
65	future county, city, town, or municipal ordinances or any
66	administrative regulations or rules adopted by local or state
67	government relating thereto. Any such existing ordinances,
68	rules, or regulations are hereby declared null and void. This
69	subsection shall not affect zoning ordinances which encompass
70	firearms businesses along with other businesses. Zoning
71	ordinances which are designed for the purpose of restricting or
72	prohibiting the sale, purchase, transfer, or manufacture of
73	firearms or ammunition as a method of regulating firearms or
74	ammunition are in conflict with this subsection and are
75	prohibited.
76	(2)  LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.-
77	(a)  Any county may have the option to adopt a waiting-
78	period ordinance requiring a waiting period of up to, but not to
79	exceed, 3 working days between the purchase and delivery of a
80	handgun. For purposes of this subsection, "purchase" means
81	payment of deposit, payment in full, or notification of intent
82	to purchase. Adoption of a waiting-period ordinance by any
83	county shall require a majority vote of the county commission on
84	votes on waiting-period ordinances. This exception is limited
85	solely to individual counties and is limited to the provisions
86	and restrictions contained in this subsection.
87	(b)  Ordinances authorized by this subsection shall apply
88	to all sales of handguns to individuals by a retail
89	establishment except those sales to individuals exempted in this
90	subsection. For purposes of this subsection, "retail
91	establishment" means a gun shop, sporting goods store, pawn
92	shop, hardware store, department store, discount store, bait or
93	tackle shop, or any other store or shop that offers handguns for
94	walk-in retail sale but does not include gun collectors shows or
95	exhibits, or gun shows.
96	(c)  Ordinances authorized by this subsection shall not
97	require any reporting or notification to any source outside the
98	retail establishment, but records of handgun sales must be
99	available for inspection, during normal business hours, by any
100	law enforcement agency as defined in s. 934.02.
101	(d)  The following shall be exempt from any waiting period:
102	1.  Individuals who are licensed to carry concealed
103	firearms under the provisions of s. 790.06 or who are licensed
104	to carry concealed firearms under any other provision of state
105	law and who show a valid license;
106	2.  Individuals who already lawfully own another firearm
107	and who show a sales receipt for another firearm; who are known
108	to own another firearm through a prior purchase from the retail
109	establishment; or who have another firearm for trade-in;
110	3.  A law enforcement or correctional officer as defined in
111	s. 943.10;
112	4.  A law enforcement agency as defined in s. 934.02;
113	5.  Sales or transactions between dealers or between
114	distributors or between dealers and distributors who have
115	current federal firearms licenses; or
116	6.  Any individual who has been threatened or whose family
117	has been threatened with death or bodily injury, provided the
118	individual may lawfully possess a firearm and provided such
119	threat has been duly reported to local law enforcement.
120	(3)(2)  POLICY AND INTENT.-
121	(a)  It is the intent of this section to provide uniform
122	firearms laws in the state; to declare all ordinances and
123	regulations null and void which have been enacted by any
124	jurisdictions other than state and federal, which regulate
125	firearms, ammunition, or components thereof; to prohibit the
126	enactment of any future ordinances or regulations relating to
127	firearms, ammunition, or components thereof unless specifically
128	authorized by this section or general law; and to require local
129	jurisdictions to enforce state firearms laws.
130	(b)  It is further the intent of this section to deter and
131	prevent the violation of this section and the violation of
132	rights protected under the constitution and laws of this state
133	related to firearms, ammunition, or components thereof, by the
134	abuse of official authority that occurs when enactments are
135	passed in violation of state law or under color of local or
136	state authority.
137	(3)  PROHIBITIONS; PENALTIES.-
138	(a)  Any person, county, agency, municipality, district, or
139	other entity that violates the Legislature's occupation of the
140	whole field of regulation of firearms and ammunition, as
141	declared in subsection (1), by enacting or causing to be
142	enforced any local ordinance or administrative rule or
143	regulation impinging upon such exclusive occupation of the field
144	shall be liable as set forth herein.
145	(b)  If any county, city, town, or other local government
146	violates this section, the court shall declare the improper
147	ordinance, regulation, or rule invalid and issue a permanent
148	injunction against the local government prohibiting it from
149	enforcing such ordinance, regulation, or rule. It is no defense
150	that in enacting the ordinance, regulation, or rule the local
151	government was acting in good faith or upon advice of counsel.
152	(c)  If the court determines that a violation was knowing
153	and willful, the court shall assess a civil fine of up to $5,000
154	against the elected or appointed local government official or
155	officials or administrative agency head under whose jurisdiction
156	the violation occurred.
157	(d)  Except as required by applicable law, public funds may
158	not be used to defend or reimburse the unlawful conduct of any
159	person found to have knowingly and willfully violated this
160	section.
161	(e)  A knowing and willful violation of any provision of
162	this section by a person acting in an official capacity for any
163	entity enacting or causing to be enforced a local ordinance or
164	administrative rule or regulation prohibited under paragraph (a)
165	or otherwise under color of law shall be cause for termination
166	of employment or contract or removal from office by the
167	Governor.
168	(f)  A person or an organization whose membership is
169	adversely affected by any ordinance, regulation, measure,
170	directive, rule, enactment, order, or policy promulgated or
171	caused to be enforced in violation of this section may file suit
172	against any county, agency, municipality, district, or other
173	entity in any court of this state having jurisdiction over any
174	defendant to the suit for declaratory and injunctive relief and
175	for actual damages, as limited herein, caused by the violation.
176	A court shall award the prevailing plaintiff in any such suit:
177	1.  Reasonable attorney's fees and costs in accordance with
178	the laws of this state, including a contingency fee multiplier,
179	as authorized by law; and
180	2.  The actual damages incurred, but not more than
181	$100,000.
182
183	Interest on the sums awarded pursuant to this subsection shall
184	accrue at the legal rate from the date on which suit was filed.
185	(4)  EXCEPTIONS.-This section does not prohibit:
186	(a)  Zoning ordinances that encompass firearms businesses
187	along with other businesses, except that zoning ordinances that
188	are designed for the purpose of restricting or prohibiting the
189	sale, purchase, transfer, or manufacture of firearms or
190	ammunition as a method of regulating firearms or ammunition are
191	in conflict with this subsection and are prohibited;
192	(b)  A duly organized law enforcement agency from enacting
193	and enforcing regulations pertaining to firearms, ammunition, or
194	firearm accessories issued to or used by peace officers in the
195	course of their official duties;
196	(c)  Except as provided in s. 790.251, any entity subject
197	to the prohibitions of this section from regulating or
198	prohibiting the carrying of firearms and ammunition by an
199	employee of the entity during and in the course of the
200	employee's official duties;
201	(d)  A court or administrative law judge from hearing and
202	resolving any case or controversy or issuing any opinion or
203	order on a matter within the jurisdiction of that court or
204	judge; or
205	(e)  The Florida Fish and Wildlife Conservation Commission
206	from regulating the use of firearms or ammunition as a method of
207	taking wildlife and regulating the shooting ranges managed by
208	the commission.
209	(4)(5)  SHORT TITLE.-As created by chapter 87-23, Laws of
210	Florida, this section may be cited as the "Joe Carlucci Uniform
211	Firearms Act."
212	Section 2.  For the purpose of incorporating the amendment
213	made by this act to section 790.33, Florida Statutes, in a
214	reference thereto, subsection (4) of section 790.251, Florida
215	Statutes, is reenacted to read:
216	790.251  Protection of the right to keep and bear arms in
217	motor vehicles for self-defense and other lawful purposes;
218	prohibited acts; duty of public and private employers; immunity
219	from liability; enforcement.-
220	(4)  PROHIBITED ACTS.-No public or private employer may
221	violate the constitutional rights of any customer, employee, or
222	invitee as provided in paragraphs (a)-(e):
223	(a)  No public or private employer may prohibit any
224	customer, employee, or invitee from possessing any legally owned
225	firearm when such firearm is lawfully possessed and locked
226	inside or locked to a private motor vehicle in a parking lot and
227	when the customer, employee, or invitee is lawfully in such
228	area.
229	(b)  No public or private employer may violate the privacy
230	rights of a customer, employee, or invitee by verbal or written
231	inquiry regarding the presence of a firearm inside or locked to
232	a private motor vehicle in a parking lot or by an actual search
233	of a private motor vehicle in a parking lot to ascertain the
234	presence of a firearm within the vehicle. Further, no public or
235	private employer may take any action against a customer,
236	employee, or invitee based upon verbal or written statements of
237	any party concerning possession of a firearm stored inside a
238	private motor vehicle in a parking lot for lawful purposes. A
239	search of a private motor vehicle in the parking lot of a public
240	or private employer to ascertain the presence of a firearm
241	within the vehicle may only be conducted by on-duty law
242	enforcement personnel, based upon due process and must comply
243	with constitutional protections.
244	(c)  No public or private employer shall condition
245	employment upon either:
246	1.  The fact that an employee or prospective employee holds
247	or does not hold a license issued pursuant to s. 790.06; or
248	2.  Any agreement by an employee or a prospective employee
249	that prohibits an employee from keeping a legal firearm locked
250	inside or locked to a private motor vehicle in a parking lot
251	when such firearm is kept for lawful purposes.
252	(d)  No public or private employer shall prohibit or
253	attempt to prevent any customer, employee, or invitee from
254	entering the parking lot of the employer's place of business
255	because the customer's, employee's, or invitee's private motor
256	vehicle contains a legal firearm being carried for lawful
257	purposes, that is out of sight within the customer's,
258	employee's, or invitee's private motor vehicle.
259	(e)  No public or private employer may terminate the
260	employment of or otherwise discriminate against an employee, or
261	expel a customer or invitee for exercising his or her
262	constitutional right to keep and bear arms or for exercising the
263	right of self-defense as long as a firearm is never exhibited on
264	company property for any reason other than lawful defensive
265	purposes.
266
267	This subsection applies to all public sector employers,
268	including those already prohibited from regulating firearms
269	under the provisions of s. 790.33.
270	Section 3.  This act shall take effect October 1, 2012.

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