Senate Bill sb1156c1

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    Florida Senate - 2004                           CS for SB 1156

    By the Committee on Judiciary; and Senator Peaden





    308-1118-04

  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.

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19  Be It Enacted by the Legislature of the State of Florida:

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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

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    Florida Senate - 2004                           CS for SB 1156
    308-1118-04




 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

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    Florida Senate - 2004                           CS for SB 1156
    308-1118-04




 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.

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    Florida Senate - 2004                           CS for SB 1156
    308-1118-04




 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 or public owner, operator, employee, agent,

17  contractor, customer, or user of any sport shooting or

18  training range located in this state shall have no liability

19  to this state or any agency of the state, special purpose

20  district, or political subdivision of this state, for any

21  claim associated with the intentional or unintentional

22  placement, deposition, or accumulation of projectiles in the

23  environment on or under that sport shooting or training range

24  or any other property over which the range has an easement,

25  leasehold, or other legal right of use. For purposes of this

26  subsection, a public owner or operator means the state, a

27  county, a municipal corporation, a state university or

28  college, or a school district.

29         (5)  PENDING AND FUTURE CLAIMS.--

30         (a)  All claims from which sport shooting and training

31  ranges are immunized under this section which are pending in

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    Florida Senate - 2004                           CS for SB 1156
    308-1118-04




 1  any court of this state or before any administrative agency on

 2  the effective date of this act shall be withdrawn within 30

 3  days after the effective date of this act.

 4         (b)  Any person injured as a result of a claim filed in

 5  violation of this section shall have a civil cause of action

 6  for treble damages, reasonable attorney's fees, and costs.

 7         (6)  PENALTIES.--Any official, employee, or other agent

 8  of this state or its agencies, or of a county, municipality,

 9  town, special purpose district, or other political subdivision

10  of this state, who, while acting in his or her official

11  capacity and within the scope of his or her employment or

12  office, willfully and knowingly brings or is a party to

13  bringing an action in violation of this section commits a

14  felony of the third degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         (7)  PREEMPTION.--Notwithstanding any other provision

17  of law, the Legislature preempts the entire field of

18  regulating the environmental effects of projectile deposition

19  at sport shooting and training ranges.

20         (8)  CONSTRUCTION.--This section shall be liberally

21  construed to effectuate its remedial and deterrent purposes.

22         Section 2.  This act shall take effect upon becoming a

23  law.

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    Florida Senate - 2004                           CS for SB 1156
    308-1118-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                              SB1156

 3                                 

 4  Adds public sport shooting ranges to the list of ranges that
    are immune from administrative, criminal and civil liability
 5  for the accumulation, deposit or placement of firearm
    projectiles and defines public owner or operators.
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    Removes reference to specific contaminants that the
 7  projectiles might contain or release and instead broadly
    states immunity applies to a claim arising from the
 8  accumulation, deposit or placement of the projectiles from the
    range.
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    Clarifies that the immunity applies when the projectiles
10  accumulate, are deposited upon or are placed into the
    environment but only as to range property or other property
11  over which the range has the legal right to use.

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