Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 402
Barcode 264256
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/08/2011 .
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The Committee on Criminal Justice (Dean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 41 - 63
4 and insert:
5 (1) PREEMPTION.—Except as expressly provided by the Florida
6 Constitution or general law, the Legislature hereby declares
7 that it is occupying the whole field of regulation of firearms
8 and ammunition, including the purchase, sale, transfer,
9 taxation, manufacture, ownership, possession, storage, and
10 transportation thereof, to the exclusion of all existing and
11 future county, city, town, or municipal ordinances or
12 regulations relating thereto. Any such existing ordinances or
13 regulations are hereby declared null and void. This subsection
14 shall not affect zoning ordinances which encompass firearms
15 businesses along with other businesses. Zoning ordinances which
16 are designed for the purpose of restricting or prohibiting the
17 sale, purchase, transfer, or manufacture of firearms or
18 ammunition as a method of regulating firearms or ammunition are
19 in conflict with this subsection and are prohibited.
20 (2) PROHIBITIONS.—The following entities may not, when
21 acting in their official capacity or otherwise under color of
22 law, regulate or attempt to regulate firearms or ammunition in
23 any manner, whether by the enactment or enforcement of any
24 ordinance, regulation, measure, directive, rule, enactment,
25 order, policy, or exercise of proprietary authority, or by any
26 other means, except as specifically authorized by this section,
27 by general law, or by the Florida Constitution:
28
29
30 ================= T I T L E A M E N D M E N T ================
31 And the title is amended as follows:
32 Delete lines 9 - 10
33 and insert:
34 as specifically authorized by s. 790.33, F.S., by
35 general law, or by the Florida Constitution; providing
36 a penalty for knowing and