Senate Bill sb1156
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1156
By Senator Peaden
2-721A-04 See HB 149
1 A bill to be entitled
2 An act relating to sport shooting and training
3 range environmental liability protection;
4 creating s. 790.333, F.S.; providing
5 legislative findings and intent; providing
6 definitions; specifying immunity from liability
7 for certain persons or entities from certain
8 claims relating to projectiles at sport
9 shooting and training ranges; providing a
10 limitation; requiring withdrawal of certain
11 claims from courts or administrative agencies
12 after a certain date; providing a cause of
13 action for treble damages, costs, and fees
14 under certain circumstances; providing criminal
15 penalties; specifying preemption by the
16 Legislature; providing for construction;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 790.333, Florida Statutes, is
22 created to read:
23 790.333 Sport shooting and training range protection;
24 liability; claims, expenses, and fees; penalties; preemption;
25 construction.--
26 (1) LEGISLATIVE FINDINGS.--
27 (a) The Legislature finds that more than 400 sport
28 shooting and training ranges exist on public and private lands
29 throughout this state.
30 (b) These sport shooting and training ranges are
31 widely used and enjoyed by the residents of this state and are
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1156
2-721A-04 See HB 149
1 a necessary component of the guarantees of the Second
2 Amendment to the United States Constitution and of s. 8, Art.
3 I of the State Constitution.
4 (c) Many of these ranges are used by state and local
5 law enforcement agencies for training, practice, and regular
6 mandatory qualification by law enforcement officers; by hunter
7 safety instructors of the Fish and Wildlife Conservation
8 Commission who teach adults and youngsters the safe use and
9 handling of firearms in preparation for obtaining hunting
10 licenses; by school boards, colleges, and universities for
11 reserve officer training corps training and activities; by
12 school shooting teams; by Olympic competitors; and by
13 certified instructors who teach the safe use and handling of
14 firearms in preparation for applying for licenses to carry
15 concealed firearms for lawful self-protection.
16 (d) The public policy of this state is to encourage
17 the safe handling and operation of firearms and mandates
18 appropriate training in the safe use and handling of firearms
19 for persons licensed to carry concealed firearms and for
20 persons licensed to hunt in this state. Sport shooting and
21 training ranges throughout this state provide the location at
22 which this important public purpose is served and at which the
23 firearms training mandates are fulfilled.
24 (e) Projectiles are integral to sport shooting and
25 training range activity and to the ownership and use of
26 firearms.
27 (f) Over years of operation, projectiles have
28 accumulated in the environment at many ranges, the
29 environmental impact of which is disputed.
30 (g) Litigation initiated by certain state agencies,
31 including the Department of Environmental Protection and the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1156
2-721A-04 See HB 149
1 Southwest Florida Water Management District, against sport
2 shooting and training range owners and operators seeking to
3 compel such owners and operators to discontinue the use of
4 certain projectiles and to investigate and remove accumulated
5 projectiles under the theory that these projectiles were
6 deposited without authorization under prevailing state
7 environmental laws. The cost of defending these actions is
8 prohibitive and threatens to destroy the sport shooting and
9 training range industry.
10 (h) The elimination of sport shooting and training
11 ranges would unnecessarily impair the ability of residents of
12 this state to exercise and practice their constitutional
13 guarantees under the Second Amendment to the United States
14 Constitution and under s. 8, Art. I of the State Constitution.
15 (2) LEGISLATIVE INTENT.--The Legislature intends to
16 protect and immunize sport shooting and training range owners,
17 operators, users, employees, agents, contractors, and
18 customers from environmental liability as described in this
19 act and to prohibit actions by the state, special purpose
20 districts, or political subdivisions which threaten to destroy
21 or bankrupt sport shooting and training ranges.
22 (3) DEFINITIONS.--As used in this act, the term:
23 (a) "Owner" means any person who owns or has owned a
24 sport shooting or training range or any interest therein.
25 (b) "Operator" means any person who operates or has
26 operated a sport shooting or training range.
27 (c) "Projectile" means any object expelled, propelled,
28 discharged, shot, or otherwise released from a firearm, BB
29 gun, airgun, or similar device, including, but not limited to,
30 gunpowder, ammunition, lead, shot, skeet, and trap targets and
31 associated chemicals, derivatives, and constituents thereof.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1156
2-721A-04 See HB 149
1 (d) "Environment" means the air, water, surface water,
2 sediment, soil, groundwater, and other natural and manmade
3 resources of this state.
4 (e) "User" means any person, partner, joint venture,
5 business, or social entity or corporation, or any group of
6 such persons or entities, organized or united for a business,
7 sport, or social purpose.
8 (f) "Sport shooting and training range" or "range"
9 means any area that has been designed or operated primarily
10 for the use of firearms, rifles, shotguns, pistols,
11 silhouettes, skeet, trap, black powder, BB guns, airguns, or
12 similar devices or for any other type of sport or training
13 shooting.
14 (4) SPORT SHOOTING AND TRAINING RANGE LIABILITY
15 PROTECTION.--Notwithstanding any other provision of law, any
16 private owner, operator, employee, agent, contractor,
17 customer, or user of any sport shooting or training range
18 located in this state shall have no liability to this state or
19 any agency of the state, special purpose district, or
20 political subdivision of this state, for any claim associated
21 with the intentional or unintentional placement, deposition,
22 or accumulation of lead or arsenic from any projectile in the
23 environment.
24 (5) PENDING AND FUTURE CLAIMS.--
25 (a) All claims from which sport shooting and training
26 ranges are immunized under this section which are pending in
27 any court of this state or before any administrative agency on
28 the effective date of this act shall be withdrawn within 30
29 days after the effective date of this act.
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1156
2-721A-04 See HB 149
1 (b) Any person injured as a result of a claim filed in
2 violation of this section shall have a civil cause of action
3 for treble damages, reasonable attorney's fees, and costs.
4 (6) PENALTIES.--Any official, employee, or other agent
5 of this state or its agencies, or of a county, municipality,
6 town, special purpose district, or other political subdivision
7 of this state, who, while acting in his or her official
8 capacity and within the scope of his or her employment or
9 office, willfully and knowingly brings or is a party to
10 bringing an action in violation of this section commits a
11 felony of the third degree, punishable as provided in s.
12 775.082 or s. 775.083.
13 (7) PREEMPTION.--Notwithstanding any other provision
14 of law, the Legislature preempts the entire field of
15 regulating the environmental effects of projectile deposition
16 at sport shooting and training ranges.
17 (8) CONSTRUCTION.--This section shall be liberally
18 construed to effectuate its remedial and deterrent purposes.
19 Section 2. This act shall take effect upon becoming a
20 law.
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.