HB 45

1	A bill to be entitled
2	An act relating to regulation of firearms and ammunition;
3	amending s. 790.33, F.S.; clarifying and reorganizing
4	provisions which preempt to the state the entire field of
5	regulation of firearms; prohibiting specified persons and
6	entities, when acting in their official capacity, from
7	regulating or attempting to regulate firearms or
8	ammunition in any manner except as specifically authorized
9	by s. 790.33, F.S., or by general law; providing a penalty
10	for knowing and willful violations; eliminating provisions
11	authorizing counties to adopt an ordinance requiring a
12	waiting period between the purchase and delivery of a
13	handgun; providing additional intent of the section;
14	providing that public funds may not be used to defend the
15	unlawful conduct of any person charged with a knowing and
16	willful violation of the section; providing exceptions;
17	providing fines for governmental entities in whose service
18	or employ the provisions of the section are knowingly and
19	willfully violated; providing for deposit of fines;
20	providing for investigation of complaints of criminal
21	violations of the section and prosecution of violators by
22	the state attorney; providing for termination of
23	employment or contract or removal from office of a person
24	acting in an official capacity who knowingly and willfully
25	violates any provision of the section; providing for
26	declarative and injunctive relief for specified persons or
27	organizations; providing for specified damages and
28	interest; providing for seizure of certain municipal
29	vehicles for specified nonpayment of damages; providing
30	exceptions to prohibitions of the section; providing an
31	effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Section 790.33, Florida Statutes, is amended to
36	read:
37	790.33  Field of regulation of firearms and ammunition
38	preempted.-
39	(1)  PREEMPTION.-Except as expressly provided by general
40	law, the Legislature hereby declares that it is occupying the
41	whole field of regulation of firearms and ammunition, including
42	the purchase, sale, transfer, taxation, manufacture, ownership,
43	possession, storage, and transportation thereof, to the
44	exclusion of all existing and future county, city, town, or
45	municipal ordinances or regulations relating thereto. Any such
46	existing ordinances or regulations are hereby declared null and
47	void. This subsection shall not affect zoning ordinances which
48	encompass firearms businesses along with other businesses.
49	Zoning ordinances which are designed for the purpose of
50	restricting or prohibiting the sale, purchase, transfer, or
51	manufacture of firearms or ammunition as a method of regulating
52	firearms or ammunition are in conflict with this subsection and
53	are prohibited.
54	(2)  PROHIBITIONS.-The following entities may not, when
55	acting in their official capacity or otherwise under color of
56	law, regulate or attempt to regulate firearms or ammunition in
57	any manner, whether by the enactment or enforcement of any
58	ordinance, regulation, measure, directive, rule, enactment,
59	order, policy, or exercise of proprietary authority, or by any
60	other means, except as specifically authorized by this section
61	or 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
68	public or private, who works or contracts with any state or
69	other governmental entity.
70	(g)  Any entity that serves the public good when such
71	service is provided in whole or in part by any governmental
72	entity or utilizes public support or public funding.
73	(h)  Any public entity other than those specified in this
74	subsection, including, but not limited to, libraries, convention
75	centers, fairgrounds, parks, and recreational facilities.
76	(i)  Any body to which authority or jurisdiction is given
77	by any unit or subdivision of any government or that serves the
78	public good in whole or in part with public support,
79	authorization, or funding or that has the authority to establish
80	rules or regulations that apply to the public use of facilities,
81	property, or grounds.
82	(2)  LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.-
83	(a)  Any county may have the option to adopt a waiting-
84	period ordinance requiring a waiting period of up to, but not to
85	exceed, 3 working days between the purchase and delivery of a
86	handgun. For purposes of this subsection, "purchase" means
87	payment of deposit, payment in full, or notification of intent
88	to purchase. Adoption of a waiting-period ordinance, by any
89	county, shall require a majority vote of the county commission
90	on votes on waiting-period ordinances. This exception is limited
91	solely to individual counties and is limited to the provisions
92	and restrictions contained in this subsection.
93	(b)  Ordinances authorized by this subsection shall apply
94	to all sales of handguns to individuals by a retail
95	establishment except those sales to individuals exempted in this
96	subsection. For purposes of this subsection, "retail
97	establishment" means a gun shop, sporting goods store, pawn
98	shop, hardware store, department store, discount store, bait or
99	tackle shop, or any other store or shop that offers handguns for
100	walk-in retail sale but does not include gun collectors shows or
101	exhibits, or gun shows.
102	(c)  Ordinances authorized by this subsection shall not
103	require any reporting or notification to any source outside the
104	retail establishment, but records of handgun sales must be
105	available for inspection, during normal business hours, by any
106	law 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
109	firearms under the provisions of s. 790.06 or who are licensed
110	to carry concealed firearms under any other provision of state
111	law and who show a valid license;
112	2.  Individuals who already lawfully own another firearm
113	and who show a sales receipt for another firearm; who are known
114	to own another firearm through a prior purchase from the retail
115	establishment; or who have another firearm for trade-in;
116	3.  A law enforcement or correctional officer as defined in
117	s. 943.10;
118	4.  A law enforcement agency as defined in s. 934.02;
119	5.  Sales or transactions between dealers or between
120	distributors or between dealers and distributors who have
121	current federal firearms licenses; or
122	6.  Any individual who has been threatened or whose family
123	has been threatened with death or bodily injury, provided the
124	individual may lawfully possess a firearm and provided such
125	threat 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
128	firearms laws in the state; to declare all ordinances and
129	regulations null and void which have been enacted by any
130	jurisdictions other than state and federal, which regulate
131	firearms, ammunition, or components thereof; to prohibit the
132	enactment of any future ordinances or regulations relating to
133	firearms, ammunition, or components thereof unless specifically
134	authorized by this section or general law; and to require local
135	jurisdictions to enforce state firearms laws.
136	(b)  It is further the intent of this section to deter and
137	prevent the violation of this section, the abuse of official
138	authority that occurs when local enactments are knowingly passed
139	in violation of state law, and the violation under color of
140	local authority of rights protected under the constitution and
141	laws of this state.
142	(4)  PENALTIES.-
143	(a)  Any person who, or entity that, knowingly and
144	willfully violates a provision of this section commits a felony
145	of the third degree, punishable as provided in s. 775.082 or s.
146	775.083.
147	(b)1.  Except as required by s. 16, Art. I of the State
148	Constitution or the Sixth Amendment to the United States
149	Constitution, public funds may not be used to defend the
150	unlawful conduct of any person charged with a knowing and
151	willful violation of this section, unless the charges against
152	such person are dismissed or such person is determined to be not
153	guilty at trial.
154	2.  Notwithstanding subparagraph 1., public funds may be
155	expended to provide the services of the office of public
156	defender or court-appointed conflict counsel as provided by law.
157	(c)  The governmental entity in whose service or employ a
158	provision of this section is violated may be assessed a fine of
159	not more than $5 million if the court determines that the
160	violation was willful and that any person at the governmental
161	entity with oversight of the offending official, designee,
162	contractee, or employee knew or in the exercise of ordinary care
163	should have known the act was a violation. Fines assessed under
164	this section shall be deposited in equal amounts into the
165	administrative account of the state attorney and the
166	administrative account of the court in the jurisdiction in which
167	the offense occurred and was prosecuted.
168	(d)  The state attorney in the appropriate jurisdiction
169	shall investigate complaints of criminal violations of this
170	section and, where the state attorney determines probable cause
171	of a violation exists, shall prosecute violators. Any state
172	attorney who fails to execute his or her duties under this
173	section may be held accountable under the appropriate Florida
174	rules of professional conduct.
175	(e)  A knowing and willful violation of any provision of
176	this section by a person acting in an official capacity for any
177	of the entities specified in this section or otherwise under
178	color of law shall be cause for immediate termination of
179	employment or contract or removal from office by the Governor.
180	(f)  A person or an organization whose membership is
181	adversely affected by any ordinance, regulation, measure,
182	directive, rule, enactment, order, or policy promulgated or
183	enforced in violation of this section may file suit in an
184	appropriate court for declarative and injunctive relief and for
185	all actual and consequential damages attributable to the
186	violation. A court shall award the prevailing plaintiff in any
187	such suit:
188	1.  Attorney's fees in the trial and appellate courts to be
189	determined by the rate used by the federal district court with
190	jurisdiction over the political subdivision for civil rights
191	actions;
192	2.  Liquidated damages of three times the attorney's fees
193	under subparagraph 1.; and
194	3.  Litigation costs in the trial and appellate courts.
195
196	Interest on the sums awarded pursuant to this subsection shall
197	accrue at 15 percent from the date on which suit was filed.
198	Where applicable, payment may be secured by seizure against any
199	municipal vehicles used or operated for the benefit of any
200	elected officeholder in the appropriate municipality if not paid
201	within 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
204	along with other businesses, except that zoning ordinances that
205	are designed for the purpose of restricting or prohibiting the
206	sale, purchase, transfer, or manufacture of firearms or
207	ammunition as a method of regulating firearms or ammunition are
208	in conflict with this subsection and are prohibited;
209	(b)  A duly organized law enforcement agency from enacting
210	and enforcing regulations pertaining to firearms, ammunition, or
211	firearm accessories issued to or used by peace officers in the
212	course of their official duties;
213	(c)  Except as provided in s. 790.251, any entity listed in
214	paragraphs (2)(a)-(i) from regulating or prohibiting the
215	carrying of firearms and ammunition by an employee of the entity
216	during and in the course of the employee's official duties; or
217	(d)  A court or administrative law judge from hearing and
218	resolving any case or controversy or issuing any opinion or
219	order on a matter within the jurisdiction of that court or
220	judge.
221	(6)(b)  SHORT TITLE.-As created by chapter 87-23, Laws of
222	Florida, 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.