Senate Bill sb1156e1

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    CS for CS for CS for SB 1156             First Engrossed (ntc)



  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; directing the Department of

  7         Environmental Protection to provide information

  8         concerning best management practices to ranges

  9         and assist in implementation efforts; requiring

10         ranges to implement best management practices;

11         permitting the department to assist in

12         contamination assessments at ranges; allowing

13         the department to perform contamination

14         assessments under certain circumstances;

15         providing for the application of risk-based

16         cleanup principles; specifying immunity from

17         liability for certain persons or entities from

18         certain claims relating to projectiles at sport

19         shooting and training ranges; providing a

20         limitation; requiring withdrawal of certain

21         claims from courts or administrative agencies

22         after a certain date; providing a civil cause

23         of action to recover costs of litigation,

24         attorney's fees, and other damages; providing

25         criminal penalties; specifying preemption by

26         the state; providing for construction;

27         providing an effective date.

28  

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

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    CS for CS for CS for SB 1156             First Engrossed (ntc)



 1         Section 1.  Section 790.333, Florida Statutes, is

 2  created to read:

 3         790.333  Sport shooting and training range protection;

 4  liability; claims, expenses, and fees; penalties; preemption;

 5  construction.--

 6         (1)  LEGISLATIVE FINDINGS:--

 7         (a)  The Legislature finds that in excess of 400 sport

 8  shooting and training ranges exist on public and private lands

 9  throughout this state.

10         (b)  These sport shooting and training ranges are

11  widely used and enjoyed by the residents of this state and are

12  a necessary component of the guarantees of the Second

13  Amendment to the United States Constitution and of s. 8, Art.

14  I of the State Constitution.

15         (c)  Many of these ranges are used by state and local

16  law enforcement agencies for training, practice, and regular

17  mandatory qualification by law enforcement officers; by Fish

18  and Wildlife Conservation Commission hunter safety instructors

19  who teach adults and youngsters in the safe use and handling

20  of firearms in preparation for obtaining hunting licenses; by

21  school boards, colleges, and universities for reserve officer

22  training corps training and activities; by school shooting

23  teams; by Olympic competitors; and by certified instructors

24  who teach the safe use and handling of firearms in preparation

25  for applying for licenses to carry concealed firearms for

26  lawful self-protection.

27         (d)  The public policy of the State of Florida is to

28  encourage the safe handling and operation of firearms and

29  mandates appropriate training in the safe use and handling of

30  firearms for persons licensed to carry concealed firearms and

31  for persons licensed to hunt in the state.  Sport shooting and


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    CS for CS for CS for SB 1156             First Engrossed (ntc)



 1  training ranges throughout this state provide the location at

 2  which this important public purpose is served and at which the

 3  firearms training mandates are fulfilled.

 4         (e)  Projectiles are integral to sport shooting and

 5  training range activity and to the ownership and use of

 6  firearms.

 7         (f)  Over years of operation, projectiles have

 8  accumulated in the environment at many ranges.  Whether this

 9  projectile accumulation has caused or will cause degradation

10  of the environment or harm to human health depends on factors

11  that are site-specific.  Therefore, sport shooting and

12  training ranges must be allowed flexibility to apply

13  appropriate environmental management practices at ranges.  The

14  use of environmental management practices can be implemented

15  to avoid or reduce any potential for adverse environmental

16  impact.

17         (g)  The Department of Environmental Protection, in

18  collaboration with shooting range owners and operators, sports

19  shooting organizations, law enforcement representatives, and

20  university researchers, has developed shooting range best

21  management practices in order to minimize any potential for

22  any adverse environmental impact resulting from the operation

23  of shooting ranges.

24         (h)  Appropriate environmental management practices,

25  when implemented where applicable, can minimize or eliminate

26  environmental impacts associated with projectiles.

27  Environmental management practices to maintain or to improve

28  the condition of ranges is evolving and will continue to

29  evolve.

30         (i)  Unnecessary litigation and unnecessary regulation

31  by governmental agencies of sport shooting and training ranges


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    CS for CS for CS for SB 1156             First Engrossed (ntc)



 1  impairs the ability of residents of this state to ensure safe

 2  handling of firearms and to enjoy the recreational

 3  opportunities ranges provide.  The cost of defending these

 4  actions is prohibitive and threatens to bankrupt and destroy

 5  the sport shooting and training range industry.

 6         (j)  The Department of Environmental Protection does

 7  not have nor has it ever had authority to force permitting

 8  requirements of part IV of chapter 403 on owners and operators

 9  of sport shooting and training ranges.

10         (k)  The elimination of sport shooting ranges will

11  unnecessarily impair the ability of residents of this state to

12  exercise and practice their constitutional guarantees under

13  the Second Amendment to the United States Constitution and

14  under s. 8, Art 1 of the State Constitution.

15         (2)  LEGISLATIVE INTENT.--The Legislature intends to

16  protect public and private sport shooting or training range

17  owners, operators, users, employees, agents, contractors,

18  customers, lenders, and insurers from lawsuits and other legal

19  actions by the state, special purpose districts, or political

20  subdivisions and to promote maximum flexibility for

21  implementation of environmental management practices and of

22  the principles of risk-based corrective action pursuant to s.

23  376.30701.  It is also the intent of the Legislature that

24  legal action against sport shooting and training ranges will

25  only be a last-resort option and be available only to the

26  department and only after all reasonable efforts to resolve

27  disputes at shooting ranges, including compliance assistance,

28  negotiations, and alternative dispute resolution have been

29  attempted.  

30         (3)  DEFINITIONS.--As used in this act:

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    CS for CS for CS for SB 1156             First Engrossed (ntc)



 1         (a)  "Department" means the Department of Environmental

 2  Protection.

 3         (b)  "Operator" means any person who operates or has

 4  operated a sport shooting or training range.

 5         (c)  "Owner" means any person who owns or has owned a

 6  sport shooting or training range or any interest therein.

 7         (d)  "Projectile" means any object expelled, propelled,

 8  discharged, shot, or otherwise released from a firearm, BB

 9  gun, airgun, or similar device, including, but not limited to,

10  gunpowder, ammunition, lead, shot, skeet, and trap targets and

11  associated chemicals, derivatives, and constituents thereof.

12         (e)  "Environmental management practices" includes but

13  is not limited to Best Management Practices for Environmental

14  Stewardship of Florida Shooting Ranges as developed by the

15  Department of Environmental Protection.  Such practices

16  include, but are not limited to, control and containment of

17  projectiles; prevention of the migration of projectiles and

18  their constituents to ground and surface water; periodic

19  removal and recycling of projectiles; and documentation of

20  actions taken.

21         (f)  "Environment" means the air, water, surface water,

22  sediment, soil, and groundwater and other natural and man-made

23  resources of this state.

24         (g)  "User" means any person, partner, joint venture,

25  business or social entity, or corporation, or any group of the

26  foregoing, organized or united for a business, sport, or

27  social purpose.

28         (h)  "Sport shooting and training range" or "range"

29  means any area that has been designed, or operated for the use

30  of, firearms, rifles, shotguns, pistols, silhouettes, skeet,

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    CS for CS for CS for SB 1156             First Engrossed (ntc)



 1  trap, black powder, BB guns, airguns, or similar devices, or

 2  any other type of sport or training shooting.

 3         (4)  DUTIES.--

 4         (a)  No later than January 1, 2005, the department

 5  shall make a good faith effort to provide copies of the Best

 6  Management Practices for Environmental Stewardship of Florida

 7  Shooting Ranges to all owners or operators of sport shooting

 8  or training ranges.  The department shall also provide

 9  technical assistance with implementing environmental

10  management practices, which may include workshops,

11  demonstrations, or other guidance, if any owner or operator of

12  sport shooting or training ranges requests such assistance.

13         (b)  No later than January 1, 2006, sport shooting or

14  training range owners, operators, tenants, or occupants shall

15  implement situation appropriate environmental management

16  practices.

17         (c)  If contamination is suspected or identified by any

18  owner, operator, tenant, or occupant of sport shooting or

19  training ranges, any owner, operator, tenant, or occupant of

20  sport shooting or training ranges may request that the

21  department assist with or perform contamination assessment,

22  including, but not limited to, assistance preparing and

23  presenting a plan to confirm the presence and extent of

24  contamination.

25         (d)  If contamination is suspected or identified by a

26  third-party complaint or adjacent property sampling events,

27  the department shall give 60 days' notice to the sport

28  shooting or training range owner, operator, tenant, or

29  occupant of the department's intent to enter the site for the

30  purpose of investigating potential sources of contamination.

31  The department may assist with or perform contamination


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    CS for CS for CS for SB 1156             First Engrossed (ntc)



 1  assessment, including, but not limited to, assistance

 2  preparing and presenting a plan to confirm the presence and

 3  extent of contamination.

 4         (e)  If the department confirms contamination under

 5  paragraph (c) or paragraph (d), principles of risk-based

 6  corrective action pursuant to s. 376.30701 shall be applied to

 7  sport shooting or training ranges.  Application of the minimum

 8  risk-based corrective action principles shall be the primary

 9  responsibility of the sport shooting range or training range

10  owner or operator for implementation, however, the department

11  may assist in these efforts.  Risk-based corrective action

12  plans used for these cleanups shall be based upon the

13  presumption that the sport shooting or training range is an

14  industrial use and not a residential use and will continue to

15  be operated as a sport shooting or training range.

16         (5)  SPORT SHOOTING AND TRAINING RANGE PROTECTION.--

17         (a)  Notwithstanding any other provision of law, any

18  public or private owner, operator, employee, agent,

19  contractor, customer, lender, insurer, or user of any sport

20  shooting or training range located in this state shall have

21  immunity from lawsuits and other legal actions from the state

22  and any of its agencies, special purpose districts, or

23  political subdivisions for any claims of any kind associated

24  with the use, release, placement, deposition, or accumulation

25  of any projectile in the environment, on or under that sport

26  shooting or training range, or any other property over which

27  the range has an easement, leasehold, or other legal right of

28  use, if the sport shooting or training range owner or operator

29  has made a good faith effort to comply with subsection (4).

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    CS for CS for CS for SB 1156             First Engrossed (ntc)



 1         (b)  Nothing in this act is intended to impair or

 2  diminish the private property rights of owners of property

 3  adjoining a sport shooting or training range.

 4         (c)  The sport shooting and training range protections

 5  provided by this act are supplemental to any other protections

 6  provided by general law.

 7         (6)  WITHDRAWALS OF CLAIMS AND RECOVERY OF EXPENSES AND

 8  ATTORNEYS FEES.--

 9         (a)  Within 90 days after the effective date of this

10  act becoming law, all claims by the state and any of its

11  agencies, special purpose districts, or political subdivisions

12  against sport shooting or training ranges pending in any court

13  of this state or before any administrative agency on January

14  1, 2004, shall be withdrawn. The termination of such cases

15  shall have no effect on the defendant's cause of action for

16  damages, reasonable attorney's fees, and costs.

17         (b)  In any action filed in violation of this act after

18  the effective date of this act, the defendant shall recover

19  all expenses resulting from such action from the governmental

20  body, person, or entity bringing such unlawful action.

21         (7)  PENALTIES.--Any official, agent, or employee of a

22  county, municipality, town, special purpose district, or other

23  political subdivision or agent of the state, while he or she

24  was acting in his or her official capacity and within the

25  scope of his or her employment or office, who intentionally

26  and maliciously violates the provisions of this section or is

27  party to bringing an action in violation of this section

28  commits a misdemeanor of the first degree, punishable as

29  provided in s. 775.082 and s. 775.083.

30         (8)  PREEMPTION.--Except as expressly provided by

31  general law, the Legislature hereby declares that it is


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    CS for CS for CS for SB 1156             First Engrossed (ntc)



 1  occupying the whole field of regulation of firearms and

 2  ammunition use at sport shooting and training ranges,

 3  including the environmental effects of projectile deposition

 4  at sport shooting and training ranges.

 5         (9)  The provisions of this act shall supersede any

 6  conflicting provisions of chapter 376 or chapter 403.

 7         (10)  CONSTRUCTION.--This act shall be liberally

 8  construed to effectuate its remedial and deterrent purposes.

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

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