HB 45

A bill to be entitled
2An act relating to regulation of firearms and ammunition;
3amending s. 790.33, F.S.; clarifying and reorganizing
4provisions which preempt to the state the entire field of
5regulation of firearms; prohibiting specified persons and
6entities, when acting in their official capacity, from
7regulating or attempting to regulate firearms or
8ammunition in any manner except as specifically authorized
9by s. 790.33, F.S., or by general law; providing a penalty
10for knowing and willful violations; eliminating provisions
11authorizing counties to adopt an ordinance requiring a
12waiting period between the purchase and delivery of a
13handgun; providing additional intent of the section;
14providing that public funds may not be used to defend the
15unlawful conduct of any person charged with a knowing and
16willful violation of the section; providing exceptions;
17providing fines for governmental entities in whose service
18or employ the provisions of the section are knowingly and
19willfully violated; providing for deposit of fines;
20providing for investigation of complaints of criminal
21violations of the section and prosecution of violators by
22the state attorney; providing for termination of
23employment or contract or removal from office of a person
24acting in an official capacity who knowingly and willfully
25violates any provision of the section; providing for
26declarative and injunctive relief for specified persons or
27organizations; providing for specified damages and
28interest; providing for seizure of certain municipal
29vehicles for specified nonpayment of damages; providing
30exceptions to prohibitions of the section; providing an
31effective date.
33Be It Enacted by the Legislature of the State of Florida:
35     Section 1.  Section 790.33, Florida Statutes, is amended to
37     790.33  Field of regulation of firearms and ammunition
39     (1)  PREEMPTION.-Except as expressly provided by general
40law, the Legislature hereby declares that it is occupying the
41whole field of regulation of firearms and ammunition, including
42the purchase, sale, transfer, taxation, manufacture, ownership,
43possession, storage, and transportation thereof, to the
44exclusion of all existing and future county, city, town, or
45municipal ordinances or regulations relating thereto. Any such
46existing ordinances or regulations are hereby declared null and
47void. This subsection shall not affect zoning ordinances which
48encompass firearms businesses along with other businesses.
49Zoning ordinances which are designed for the purpose of
50restricting or prohibiting the sale, purchase, transfer, or
51manufacture of firearms or ammunition as a method of regulating
52firearms or ammunition are in conflict with this subsection and
53are prohibited.
54     (2)  PROHIBITIONS.-The following entities may not, when
55acting in their official capacity or otherwise under color of
56law, regulate or attempt to regulate firearms or ammunition in
57any manner, whether by the enactment or enforcement of any
58ordinance, regulation, measure, directive, rule, enactment,
59order, policy, or exercise of proprietary authority, or by any
60other means, except as specifically authorized by this section
61or by general law:
62     (a)  A local government.
63     (b)  A special district.
64     (c)  A political subdivision.
65     (d)  A governmental authority, commission, or board.
66     (e)  A state governmental agency.
67     (f)  Any official, agent, employee, or person, whether
68public or private, who works or contracts with any state or
69other governmental entity.
70     (g)  Any entity that serves the public good when such
71service is provided in whole or in part by any governmental
72entity or utilizes public support or public funding.
73     (h)  Any public entity other than those specified in this
74subsection, including, but not limited to, libraries, convention
75centers, fairgrounds, parks, and recreational facilities.
76     (i)  Any body to which authority or jurisdiction is given
77by any unit or subdivision of any government or that serves the
78public good in whole or in part with public support,
79authorization, or funding or that has the authority to establish
80rules or regulations that apply to the public use of facilities,
81property, or grounds.
83     (a)  Any county may have the option to adopt a waiting-
84period ordinance requiring a waiting period of up to, but not to
85exceed, 3 working days between the purchase and delivery of a
86handgun. For purposes of this subsection, "purchase" means
87payment of deposit, payment in full, or notification of intent
88to purchase. Adoption of a waiting-period ordinance, by any
89county, shall require a majority vote of the county commission
90on votes on waiting-period ordinances. This exception is limited
91solely to individual counties and is limited to the provisions
92and restrictions contained in this subsection.
93     (b)  Ordinances authorized by this subsection shall apply
94to all sales of handguns to individuals by a retail
95establishment except those sales to individuals exempted in this
96subsection. For purposes of this subsection, "retail
97establishment" means a gun shop, sporting goods store, pawn
98shop, hardware store, department store, discount store, bait or
99tackle shop, or any other store or shop that offers handguns for
100walk-in retail sale but does not include gun collectors shows or
101exhibits, or gun shows.
102     (c)  Ordinances authorized by this subsection shall not
103require any reporting or notification to any source outside the
104retail establishment, but records of handgun sales must be
105available for inspection, during normal business hours, by any
106law enforcement agency as defined in s. 934.02.
107     (d)  The following shall be exempt from any waiting period:
108     1.  Individuals who are licensed to carry concealed
109firearms under the provisions of s. 790.06 or who are licensed
110to carry concealed firearms under any other provision of state
111law and who show a valid license;
112     2.  Individuals who already lawfully own another firearm
113and who show a sales receipt for another firearm; who are known
114to own another firearm through a prior purchase from the retail
115establishment; or who have another firearm for trade-in;
116     3.  A law enforcement or correctional officer as defined in
117s. 943.10;
118     4.  A law enforcement agency as defined in s. 934.02;
119     5.  Sales or transactions between dealers or between
120distributors or between dealers and distributors who have
121current federal firearms licenses; or
122     6.  Any individual who has been threatened or whose family
123has been threatened with death or bodily injury, provided the
124individual may lawfully possess a firearm and provided such
125threat has been duly reported to local law enforcement.
126     (3)  POLICY AND INTENT.-
127     (a)  It is the intent of this section to provide uniform
128firearms laws in the state; to declare all ordinances and
129regulations null and void which have been enacted by any
130jurisdictions other than state and federal, which regulate
131firearms, ammunition, or components thereof; to prohibit the
132enactment of any future ordinances or regulations relating to
133firearms, ammunition, or components thereof unless specifically
134authorized by this section or general law; and to require local
135jurisdictions to enforce state firearms laws.
136     (b)  It is further the intent of this section to deter and
137prevent the violation of this section, the abuse of official
138authority that occurs when local enactments are knowingly passed
139in violation of state law, and the violation under color of
140local authority of rights protected under the constitution and
141laws of this state.
142     (4)  PENALTIES.-
143     (a)  Any person who, or entity that, knowingly and
144willfully violates a provision of this section commits a felony
145of the third degree, punishable as provided in s. 775.082 or s.
147     (b)1.  Except as required by s. 16, Art. I of the State
148Constitution or the Sixth Amendment to the United States
149Constitution, public funds may not be used to defend the
150unlawful conduct of any person charged with a knowing and
151willful violation of this section, unless the charges against
152such person are dismissed or such person is determined to be not
153guilty at trial.
154     2.  Notwithstanding subparagraph 1., public funds may be
155expended to provide the services of the office of public
156defender or court-appointed conflict counsel as provided by law.
157     (c)  The governmental entity in whose service or employ a
158provision of this section is violated may be assessed a fine of
159not more than $5 million if the court determines that the
160violation was willful and that any person at the governmental
161entity with oversight of the offending official, designee,
162contractee, or employee knew or in the exercise of ordinary care
163should have known the act was a violation. Fines assessed under
164this section shall be deposited in equal amounts into the
165administrative account of the state attorney and the
166administrative account of the court in the jurisdiction in which
167the offense occurred and was prosecuted.
168     (d)  The state attorney in the appropriate jurisdiction
169shall investigate complaints of criminal violations of this
170section and, where the state attorney determines probable cause
171of a violation exists, shall prosecute violators. Any state
172attorney who fails to execute his or her duties under this
173section may be held accountable under the appropriate Florida
174rules of professional conduct.
175     (e)  A knowing and willful violation of any provision of
176this section by a person acting in an official capacity for any
177of the entities specified in this section or otherwise under
178color of law shall be cause for immediate termination of
179employment or contract or removal from office by the Governor.
180     (f)  A person or an organization whose membership is
181adversely affected by any ordinance, regulation, measure,
182directive, rule, enactment, order, or policy promulgated or
183enforced in violation of this section may file suit in an
184appropriate court for declarative and injunctive relief and for
185all actual and consequential damages attributable to the
186violation. A court shall award the prevailing plaintiff in any
187such suit:
188     1.  Attorney's fees in the trial and appellate courts to be
189determined by the rate used by the federal district court with
190jurisdiction over the political subdivision for civil rights
192     2.  Liquidated damages of three times the attorney's fees
193under subparagraph 1.; and
194     3.  Litigation costs in the trial and appellate courts.
196Interest on the sums awarded pursuant to this subsection shall
197accrue at 15 percent from the date on which suit was filed.
198Where applicable, payment may be secured by seizure against any
199municipal vehicles used or operated for the benefit of any
200elected officeholder in the appropriate municipality if not paid
201within 72 hours after the order's enrollment and publication.
202     (5)  EXCEPTIONS.-This section does not prohibit:
203     (a)  Zoning ordinances that encompass firearms businesses
204along with other businesses, except that zoning ordinances that
205are designed for the purpose of restricting or prohibiting the
206sale, purchase, transfer, or manufacture of firearms or
207ammunition as a method of regulating firearms or ammunition are
208in conflict with this subsection and are prohibited;
209     (b)  A duly organized law enforcement agency from enacting
210and enforcing regulations pertaining to firearms, ammunition, or
211firearm accessories issued to or used by peace officers in the
212course of their official duties;
213     (c)  Except as provided in s. 790.251, any entity listed in
214paragraphs (2)(a)-(i) from regulating or prohibiting the
215carrying of firearms and ammunition by an employee of the entity
216during and in the course of the employee's official duties; or
217     (d)  A court or administrative law judge from hearing and
218resolving any case or controversy or issuing any opinion or
219order on a matter within the jurisdiction of that court or
221     (6)(b)  SHORT TITLE.-As created by chapter 87-23, Laws of
222Florida, this section shall be known and may be cited as the
223"Joe Carlucci Uniform Firearms Act."
224     Section 2.  This act shall take effect upon becoming a law.

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