Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 402
Barcode 604844
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Negron) recommended the following:
1 Senate Substitute for Amendment (764102) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6
7 Section 1. Section 790.33, Florida Statutes, is amended to
8 read:
9 790.33 Field of regulation of firearms and ammunition
10 preempted.—
11 (1) PREEMPTION.—Except as expressly provided by the State
12 Constitution or general law, the Legislature hereby declares
13 that it is occupying the whole field of regulation of firearms
14 and ammunition, including the purchase, sale, transfer,
15 taxation, manufacture, ownership, possession, storage, and
16 transportation thereof, to the exclusion of all existing and
17 future county, city, town, or municipal ordinances or any
18 administrative regulations or rules adopted by local or state
19 government relating thereto. Any such existing ordinances,
20 rules, or regulations are hereby declared null and void. This
21 subsection shall not affect zoning ordinances which encompass
22 firearms businesses along with other businesses. Zoning
23 ordinances which are designed for the purpose of restricting or
24 prohibiting the sale, purchase, transfer, or manufacture of
25 firearms or ammunition as a method of regulating firearms or
26 ammunition are in conflict with this subsection and are
27 prohibited.
28 (2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.—
29 (a) Any county may have the option to adopt a waiting
30 period ordinance requiring a waiting period of up to, but not to
31 exceed, 3 working days between the purchase and delivery of a
32 handgun. For purposes of this subsection, “purchase” means
33 payment of deposit, payment in full, or notification of intent
34 to purchase. Adoption of a waiting-period ordinance, by any
35 county, shall require a majority vote of the county commission
36 on votes on waiting-period ordinances. This exception is limited
37 solely to individual counties and is limited to the provisions
38 and restrictions contained in this subsection.
39 (b) Ordinances authorized by this subsection shall apply to
40 all sales of handguns to individuals by a retail establishment
41 except those sales to individuals exempted in this subsection.
42 For purposes of this subsection, “retail establishment” means a
43 gun shop, sporting goods store, pawn shop, hardware store,
44 department store, discount store, bait or tackle shop, or any
45 other store or shop that offers handguns for walk-in retail sale
46 but does not include gun collectors shows or exhibits, or gun
47 shows.
48 (c) Ordinances authorized by this subsection shall not
49 require any reporting or notification to any source outside the
50 retail establishment, but records of handgun sales must be
51 available for inspection, during normal business hours, by any
52 law enforcement agency as defined in s. 934.02.
53 (d) The following shall be exempt from any waiting period:
54 1. Individuals who are licensed to carry concealed firearms
55 under the provisions of s. 790.06 or who are licensed to carry
56 concealed firearms under any other provision of state law and
57 who show a valid license;
58 2. Individuals who already lawfully own another firearm and
59 who show a sales receipt for another firearm; who are known to
60 own another firearm through a prior purchase from the retail
61 establishment; or who have another firearm for trade-in;
62 3. A law enforcement or correctional officer as defined in
63 s. 943.10;
64 4. A law enforcement agency as defined in s. 934.02;
65 5. Sales or transactions between dealers or between
66 distributors or between dealers and distributors who have
67 current federal firearms licenses; or
68 6. Any individual who has been threatened or whose family
69 has been threatened with death or bodily injury, provided the
70 individual may lawfully possess a firearm and provided such
71 threat has been duly reported to local law enforcement.
72 (2)(3) POLICY AND INTENT.—
73 (a) It is the intent of this section to provide uniform
74 firearms laws in the state; to declare all ordinances and
75 regulations null and void which have been enacted by any
76 jurisdictions other than state and federal, which regulate
77 firearms, ammunition, or components thereof; to prohibit the
78 enactment of any future ordinances or regulations relating to
79 firearms, ammunition, or components thereof unless specifically
80 authorized by this section or general law; and to require local
81 jurisdictions to enforce state firearms laws.
82 (b) It is further the intent of this section to deter and
83 prevent the violation of this section and the violation of
84 rights protected under the constitution and laws of this state
85 related to firearms, ammunition, or components thereof, by the
86 abuse of official authority that occurs when enactments are
87 passed in violation of state law or under color of local or
88 state authority.
89 (3) PROHIBITIONS; PENALTIES.—
90 (a) Any person, county, agency, municipality, district, or
91 other entity that violates the Legislature’s occupation of the
92 whole field of regulation of firearms and ammunition, as
93 declared in subsection (1), by enacting or causing to be
94 enforced any local ordinance or administrative rule or
95 regulation impinging upon such exclusive occupation of the field
96 shall be liable as set forth herein.
97 (b) If any county, city, town, or other local government
98 violates this section, the court shall declare the improper
99 ordinance, regulation, or rule invalid and issue a permanent
100 injunction against the local government prohibiting it from
101 enforcing such ordinance, regulation, or rule. It is no defense
102 that in enacting the ordinance, regulation, or rule the local
103 government was acting in good faith or upon advice of counsel.
104 (c) If the court determines that a violation was knowing
105 and willful, the court shall assess a civil fine of up to $5,000
106 against the elected or appointed local government official or
107 officials or administrative agency head under whose jurisdiction
108 the violation occurred.
109 (d) Except as required by applicable law, public funds may
110 not be used to defend or reimburse the unlawful conduct of any
111 person found to have knowingly and willfully violated this
112 section.
113 (e) A knowing and willful violation of any provision of
114 this section by a person acting in an official capacity for any
115 entity enacting or causing to be enforced a local ordinance or
116 administrative rule or regulation prohibited under paragraph (a)
117 or otherwise under color of law shall be cause for termination
118 of employment or contract or removal from office by the
119 Governor.
120 (f) A person or an organization whose membership is
121 adversely affected by any ordinance, regulation, measure,
122 directive, rule, enactment, order, or policy promulgated or
123 caused to be enforced in violation of this section may file suit
124 against any county, agency, municipality, district, or other
125 entity in any court of this state having jurisdiction over any
126 defendant to the suit for declaratory and injunctive relief and
127 for actual damages, as limited herein, caused by the violation.
128 A court shall award the prevailing plaintiff in any such suit:
129 1. Reasonable attorneys’ fees and costs in accordance with
130 the laws of this state, including a contingency fee multiplier,
131 as authorized by law; and
132 2. The actual damages incurred, but not more than $100,000.
133
134 Interest on the sums awarded pursuant to this subsection shall
135 accrue at the legal rate from the date on which suit was filed.
136 (4) EXCEPTIONS.—This section does not prohibit:
137 (a) Zoning ordinances that encompass firearms businesses
138 along with other businesses, except that zoning ordinances that
139 are designed for the purpose of restricting or prohibiting the
140 sale, purchase, transfer, or manufacture of firearms or
141 ammunition as a method of regulating firearms or ammunition are
142 in conflict with this subsection and are prohibited;
143 (b) A duly organized law enforcement agency from enacting
144 and enforcing regulations pertaining to firearms, ammunition, or
145 firearm accessories issued to or used by peace officers in the
146 course of their official duties;
147 (c) Except as provided in s. 790.251, any entity subject to
148 the prohibitions of this section from regulating or prohibiting
149 the carrying of firearms and ammunition by an employee of the
150 entity during and in the course of the employee’s official
151 duties;
152 (d) A court or administrative law judge from hearing and
153 resolving any case or controversy or issuing any opinion or
154 order on a matter within the jurisdiction of that court or
155 judge; or
156 (e) The Florida Fish and Wildlife Conservation Commission
157 from regulating the use of firearms or ammunition as a method of
158 taking wildlife and regulating the shooting ranges managed by
159 the commission.
160 (5)(b) SHORT TITLE.—As created by chapter 87-23, Laws of
161 Florida, this section shall be known and may be cited as the
162 “Joe Carlucci Uniform Firearms Act.”
163 Section 2. This act shall take effect October 1, 2011.
164
165
166 ================= T I T L E A M E N D M E N T ================
167 And the title is amended as follows:
168 Delete everything before the enacting clause
169 and insert:
170 A bill to be entitled
171 An act relating to the regulation of firearms and
172 ammunition; amending s. 790.33, F.S.; clarifying and
173 reorganizing provisions that preempt to the state the
174 entire field of regulation of firearms; prohibiting
175 the violation of the Legislature’s occupation of the
176 whole field of regulation of firearms and ammunition
177 by the enactment or causation of enforcement of any
178 local ordinance or administrative rule or regulation;
179 providing additional intent of the section;
180 eliminating provisions authorizing counties to adopt
181 an ordinance requiring a waiting period between the
182 purchase and delivery of a handgun; providing
183 injunctive relief from the enforcement of an invalid
184 ordinance, regulation, or rule; providing a civil
185 penalty for knowing and willful violation of
186 prohibitions; providing that public funds may not be
187 used to defend or reimburse the unlawful conduct of
188 any person charged with a knowing and willful
189 violation of the section; providing for termination of
190 employment or contract or removal from office of a
191 person acting in an official capacity who knowingly
192 and willfully violates any provision of the section;
193 providing for declaratory and injunctive relief for
194 specified persons or organizations; providing for
195 specified damages and interest; providing exceptions
196 to prohibitions of the section; providing an effective
197 date.