Bill No. CS/CS/CS/HB 45
Amendment No. 670673
Senate House

1Representative Gaetz offered the following:
3     Amendment (with title amendment)
4     Remove lines 112-174 and insert:
5passed in violation of state law or under color of local or
6state authority.
8     (a)  Any person, county, agency, municipality, district, or
9other entity that violates the Legislature's occupation of the
10whole field of regulation of firearms and ammunition, as
11declared in subsection (1), by enacting or causing to be
12enforced any local ordinance or administrative rule or
13regulation impinging upon such exclusive occupation of the field
14shall be liable as set forth herein.
15     (b)  If any county, city, town, or other local government
16violates this section, the court shall declare the improper
17ordinance, regulation, or rule invalid and issue a permanent
18injunction against the local government prohibiting it from
19enforcing such ordinance, regulation, or rule. It is no defense
20that in enacting the ordinance, regulation, or rule the local
21government was acting in good faith or upon advice of counsel.
22     (c)  If the court determines that a violation was knowing
23and willful, the court shall assess a civil fine of up to $5,000
24against the elected or appointed local government official or
25officials or administrative agency head under whose jurisdiction
26the violation occurred.
27     (d)  Except as required by applicable law, public funds may
28not be used to defend or reimburse the unlawful conduct of any
29person found to have knowingly and willfully violated this
31     (e)  A knowing and willful violation of any provision of
32this section by a person acting in an official capacity for any
33entity enacting or causing to be enforced a local ordinance or
34administrative rule or regulation prohibited under paragraph (a)
35or otherwise under color of law shall be cause for termination
36of employment or contract or removal from office by the
38     (f)  A person or an organization whose membership is
39adversely affected by any ordinance, regulation, measure,
40directive, rule, enactment, order, or policy promulgated or
41caused to be enforced in violation of this section may file suit
42against any county, agency, municipality, district, or other
43entity in any court of this state having jurisdiction over any
44defendant to the suit for declaratory and injunctive relief and
45for actual damages, as limited herein, caused by the violation.
46A court shall award the prevailing plaintiff in any such suit:
47     1.  Reasonable attorney's fees and costs in accordance with
48the laws of this state, including a contingency fee multiplier,
49as authorized by law; and
50     2.  The actual damages incurred, but not more than
53Interest on the sums awarded pursuant to this subsection shall
54accrue at the legal rate from the date on which suit was filed.
T I T L E  A M E N D M E N T
60     Remove lines 13-26 and insert:
61and delivery of a handgun; providing injunctive relief
62from the enforcement of an invalid ordinance, regulation,
63or rule; providing a civil penalty for knowing and willful
64violation of prohibitions; providing that public funds may
65not be used to defend or reimburse the unlawful conduct of
66any person charged with a knowing and willful violation of
67the act; providing for termination of employment or
68contract or removal from office of a person acting in an
69official capacity who knowingly and willfully violates any
70provision of the act; providing for declaratory and
71injunctive relief for specified persons or organizations;
72providing for specified damages and interest;

CODING: Words stricken are deletions; words underlined are additions.