Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 402
                                Barcode 488558                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2011           .                                

       The Committee on Community Affairs (Wise) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 790.33, Florida Statutes, is amended to
    6  read:
    7         790.33 Field of regulation of firearms and ammunition
    8  preempted.—
    9         (1) PREEMPTION.—Except as expressly provided by the State
   10  Constitution or general law, the Legislature hereby declares
   11  that it is occupying the whole field of regulation of firearms
   12  and ammunition, including the purchase, sale, transfer,
   13  taxation, manufacture, ownership, possession, storage, and
   14  transportation thereof, to the exclusion of all existing and
   15  future county, city, town, or municipal ordinances or any
   16  administrative regulations or rules adopted by local or state
   17  government relating thereto. Any such existing ordinances,
   18  rules, or regulations are hereby declared null and void. This
   19  subsection shall not affect zoning ordinances which encompass
   20  firearms businesses along with other businesses. Zoning
   21  ordinances which are designed for the purpose of restricting or
   22  prohibiting the sale, purchase, transfer, or manufacture of
   23  firearms or ammunition as a method of regulating firearms or
   24  ammunition are in conflict with this subsection and are
   25  prohibited.
   27         (a) Any county may have the option to adopt a waiting
   28  period ordinance requiring a waiting period of up to, but not to
   29  exceed, 3 working days between the purchase and delivery of a
   30  handgun. For purposes of this subsection, “purchase” means
   31  payment of deposit, payment in full, or notification of intent
   32  to purchase. Adoption of a waiting-period ordinance, by any
   33  county, shall require a majority vote of the county commission
   34  on votes on waiting-period ordinances. This exception is limited
   35  solely to individual counties and is limited to the provisions
   36  and restrictions contained in this subsection.
   37         (b) Ordinances authorized by this subsection shall apply to
   38  all sales of handguns to individuals by a retail establishment
   39  except those sales to individuals exempted in this subsection.
   40  For purposes of this subsection, “retail establishment” means a
   41  gun shop, sporting goods store, pawn shop, hardware store,
   42  department store, discount store, bait or tackle shop, or any
   43  other store or shop that offers handguns for walk-in retail sale
   44  but does not include gun collectors shows or exhibits, or gun
   45  shows.
   46         (c) Ordinances authorized by this subsection shall not
   47  require any reporting or notification to any source outside the
   48  retail establishment, but records of handgun sales must be
   49  available for inspection, during normal business hours, by any
   50  law enforcement agency as defined in s. 934.02.
   51         (d) The following shall be exempt from any waiting period:
   52         1. Individuals who are licensed to carry concealed firearms
   53  under the provisions of s. 790.06 or who are licensed to carry
   54  concealed firearms under any other provision of state law and
   55  who show a valid license;
   56         2. Individuals who already lawfully own another firearm and
   57  who show a sales receipt for another firearm; who are known to
   58  own another firearm through a prior purchase from the retail
   59  establishment; or who have another firearm for trade-in;
   60         3. A law enforcement or correctional officer as defined in
   61  s. 943.10;
   62         4. A law enforcement agency as defined in s. 934.02;
   63         5. Sales or transactions between dealers or between
   64  distributors or between dealers and distributors who have
   65  current federal firearms licenses; or
   66         6. Any individual who has been threatened or whose family
   67  has been threatened with death or bodily injury, provided the
   68  individual may lawfully possess a firearm and provided such
   69  threat has been duly reported to local law enforcement.
   70         (2) (3) POLICY AND INTENT.—
   71         (a) It is the intent of this section to provide uniform
   72  firearms laws in the state; to declare all ordinances and
   73  regulations null and void which have been enacted by any
   74  jurisdictions other than state and federal, which regulate
   75  firearms, ammunition, or components thereof; to prohibit the
   76  enactment of any future ordinances or regulations relating to
   77  firearms, ammunition, or components thereof unless specifically
   78  authorized by this section or general law; and to require local
   79  jurisdictions to enforce state firearms laws.
   80         (b) It is further the intent of this section to deter and
   81  prevent the violation of this section and the violation of
   82  rights protected under the constitution and laws of this state
   83  related to firearms, ammunition, or components thereof, by the
   84  abuse of official authority that occurs when enactments are
   85  knowingly passed in violation of state law or under color of
   86  local or state authority.
   87         (3)PROHIBITIONS; PENALTIES. -
   88         (a) Any person who knowingly and willfully violates the
   89  Legislature's occupation of the whole field of regulation of
   90  firearms and ammunition, as declared in subsection (1), by
   91  enacting or enforcing any local ordinance or administrative rule
   92  or regulation commits a noncriminal violation as defined in s.
   93  775.08 and punishable as provided in s. 775.082 and s. 775.083.
   94         (b) The state attorney in the appropriate jurisdiction
   95  shall investigate complaints of noncriminal violations of this
   96  section and, where the state attorney determines that probable
   97  cause of a violation exists, shall prosecute violators in the
   98  circuit court where the complaint arose. Any state attorney who
   99  fails to execute his or her duties under this section may be
  100  held accountable under the appropriate Florida rules of
  101  professional conduct.
  102         (c) If the court determines that the violation was knowing
  103  and willful the court shall assess a fine of not less than
  104  $5,000 and not more than $100,000 against the elected or
  105  appointed local government official or officials or
  106  administrative agency head under whose jurisdiction the
  107  violation occurred. The elected or appointed local government
  108  official or officials or administrative agency head shall be
  109  personally liable for the payment of all fines, costs and fees
  110  assessed by the court for the noncriminal violation.
  111         (d) Except as required by s. 16, Art. I of the State
  112  Constitution or the Sixth Amendment to the United States
  113  Constitution, public funds may not be used to defend the
  114  unlawful conduct of any person charged with a knowing and
  115  willful violation of this section.
  116         (e) A knowing and willful violation of any provision of
  117  this section by a person acting in an official capacity for any
  118  of the entities specified in this section or otherwise under
  119  color of law shall be cause for immediate termination of
  120  employment or contract or removal from office by the Governor.
  121         (f) A person or an organization whose membership is
  122  adversely affected by any ordinance, regulation, measure,
  123  directive, rule, enactment, order, or policy promulgated or
  124  enforced in violation of this section may file suit in an
  125  appropriate court for declarative and injunctive relief and for
  126  all actual and consequential damages attributable to the
  127  violation. A court shall award the prevailing plaintiff in any
  128  such suit:
  129         1. Attorney’s fees in the trial and appellate courts to be
  130  determined by the rate used by the federal district court with
  131  jurisdiction over the political subdivision for civil rights
  132  actions;
  133         2. Liquidated damages of three times the attorney’s fees
  134  under subparagraph 1.; and
  135         3. Litigation costs in the trial and appellate courts.
  137  Interest on the sums awarded pursuant to this subsection shall
  138  accrue at 15 percent per annum from the date on which suit was
  139  filed. Where applicable, payment may be secured by seizure of
  140  any vehicles used or operated for the benefit of any elected
  141  officeholder or official found to have violated this section if
  142  not paid within 72 hours after the order’s filing.
  143         (4) EXCEPTIONS.—This section does not prohibit:
  144         (a) Zoning ordinances that encompass firearms businesses
  145  along with other businesses, except that zoning ordinances that
  146  are designed for the purpose of restricting or prohibiting the
  147  sale, purchase, transfer, or manufacture of firearms or
  148  ammunition as a method of regulating firearms or ammunition are
  149  in conflict with this subsection and are prohibited;
  150         (b) A duly organized law enforcement agency from enacting
  151  and enforcing regulations pertaining to firearms, ammunition, or
  152  firearm accessories issued to or used by peace officers in the
  153  course of their official duties;
  154         (c) Except as provided in s. 790.251, any entity covered by
  155  this section from regulating or prohibiting the carrying of
  156  firearms and ammunition by an employee of the entity during and
  157  in the course of the employee’s official duties; or
  158         (d) A court or administrative law judge from hearing and
  159  resolving any case or controversy or issuing any opinion or
  160  order on a matter within the jurisdiction of that court or
  161  judge.
  162         (e) The Florida Fish and Wildlife Conservation Commission
  163  from regulating the use of firearms or ammunition as a method of
  164  taking wildlife and regulating the shooting ranges managed by
  165  the Commission.
  166         (5)(b)SHORT TITLE.—As created by chapter 87-23, Laws of
  167  Florida, this section shall be known and may be cited as the
  168  “Joe Carlucci Uniform Firearms Act.”
  169         Section 2. This act shall take effect upon becoming a law.
  171  ================= T I T L E  A M E N D M E N T ================
  172         And the title is amended as follows:
  173         Delete everything before the enacting clause
  174  and insert:
  175                        A bill to be entitled                      
  176         An act relating to the regulation of firearms and
  177         ammunition; amending s. 790.33, F.S.; clarifying and
  178         reorganizing provisions that preempt to the state the
  179         entire field of regulation of firearms; prohibiting
  180         specified persons and entities, when acting in their
  181         official capacity, from regulating or attempting to
  182         regulate firearms or ammunition in any manner except
  183         as specifically authorized by s. 790.33, F.S., by
  184         general law, or by the State Constitution; providing
  185         additional intent of the section; eliminating
  186         provisions authorizing counties to adopt an ordinance
  187         requiring a waiting period between the purchase and
  188         delivery of a handgun; providing a penalty for knowing
  189         and willful violations of prohibitions; providing for
  190         investigation of complaints of violations of the
  191         section and prosecution of violators by the state
  192         attorney; providing that public funds may not be used
  193         to defend the unlawful conduct of any person charged
  194         with a knowing and willful violation of the section;
  195         providing exceptions; providing for termination of
  196         employment or contract or removal from office of a
  197         person acting in an official capacity who knowingly
  198         and willfully violates any provision of the section;
  199         providing for declarative and injunctive relief for
  200         specified persons or organizations; providing for
  201         specified damages and interest; providing for seizure
  202         of certain vehicles for specified nonpayment of
  203         damages; providing exceptions to prohibitions of the
  204         section; providing an effective date.