A bill to be entitled
2An act relating to the regulation of firearms and
3ammunition; amending s. 790.33, F.S.; clarifying and
4reorganizing provisions that preempt to the state the
5entire field of regulation of firearms; prohibiting the
6knowing and willful violation of the Legislature's
7occupation of the whole field of regulation of firearms
8and ammunition by the enactment or enforcement of any
9local ordinance or administrative rule or regulation;
10providing additional intent of the section; eliminating
11provisions authorizing counties to adopt an ordinance
12requiring a waiting period between the purchase and
13delivery of a handgun; providing a penalty for knowing and
14willful violation of prohibitions; providing for
15investigation of complaints of violations of the section
16and prosecution of violators by the state attorney;
17providing that public funds may not be used to defend the
18unlawful conduct of any person charged with a knowing and
19willful violation of the section; providing for
20termination of employment or contract or removal from
21office of a person acting in an official capacity who
22knowingly and willfully violates any provision of the
23section; providing for declarative and injunctive relief
24for specified persons or organizations; providing for
25specified damages and interest; providing for seizure of
26certain vehicles for specified nonpayment of damages;
27providing exceptions to prohibitions of the section;
28providing an effective date.
30Be It Enacted by the Legislature of the State of Florida:
32     Section 1.  Section 790.33, Florida Statutes, is amended to
34     790.33  Field of regulation of firearms and ammunition
36     (1)  PREEMPTION.-Except as expressly provided by the State
37Constitution or general law, the Legislature hereby declares
38that it is occupying the whole field of regulation of firearms
39and ammunition, including the purchase, sale, transfer,
40taxation, manufacture, ownership, possession, storage, and
41transportation thereof, to the exclusion of all existing and
42future county, city, town, or municipal ordinances or any
43administrative regulations or rules adopted by local or state
44government relating thereto. Any such existing ordinances,
45rules, or regulations are hereby declared null and void. This
46subsection shall not affect zoning ordinances which encompass
47firearms businesses along with other businesses. Zoning
48ordinances which are designed for the purpose of restricting or
49prohibiting the sale, purchase, transfer, or manufacture of
50firearms or ammunition as a method of regulating firearms or
51ammunition are in conflict with this subsection and are
54     (a)  Any county may have the option to adopt a waiting-
55period ordinance requiring a waiting period of up to, but not to
56exceed, 3 working days between the purchase and delivery of a
57handgun. For purposes of this subsection, "purchase" means
58payment of deposit, payment in full, or notification of intent
59to purchase. Adoption of a waiting-period ordinance, by any
60county, shall require a majority vote of the county commission
61on votes on waiting-period ordinances. This exception is limited
62solely to individual counties and is limited to the provisions
63and restrictions contained in this subsection.
64     (b)  Ordinances authorized by this subsection shall apply
65to all sales of handguns to individuals by a retail
66establishment except those sales to individuals exempted in this
67subsection. For purposes of this subsection, "retail
68establishment" means a gun shop, sporting goods store, pawn
69shop, hardware store, department store, discount store, bait or
70tackle shop, or any other store or shop that offers handguns for
71walk-in retail sale but does not include gun collectors shows or
72exhibits, or gun shows.
73     (c)  Ordinances authorized by this subsection shall not
74require any reporting or notification to any source outside the
75retail establishment, but records of handgun sales must be
76available for inspection, during normal business hours, by any
77law enforcement agency as defined in s. 934.02.
78     (d)  The following shall be exempt from any waiting period:
79     1.  Individuals who are licensed to carry concealed
80firearms under the provisions of s. 790.06 or who are licensed
81to carry concealed firearms under any other provision of state
82law and who show a valid license;
83     2.  Individuals who already lawfully own another firearm
84and who show a sales receipt for another firearm; who are known
85to own another firearm through a prior purchase from the retail
86establishment; or who have another firearm for trade-in;
87     3.  A law enforcement or correctional officer as defined in
88s. 943.10;
89     4.  A law enforcement agency as defined in s. 934.02;
90     5.  Sales or transactions between dealers or between
91distributors or between dealers and distributors who have
92current federal firearms licenses; or
93     6.  Any individual who has been threatened or whose family
94has been threatened with death or bodily injury, provided the
95individual may lawfully possess a firearm and provided such
96threat has been duly reported to local law enforcement.
97     (2)(3)  POLICY AND INTENT.-
98     (a)  It is the intent of this section to provide uniform
99firearms laws in the state; to declare all ordinances and
100regulations null and void which have been enacted by any
101jurisdictions other than state and federal, which regulate
102firearms, ammunition, or components thereof; to prohibit the
103enactment of any future ordinances or regulations relating to
104firearms, ammunition, or components thereof unless specifically
105authorized by this section or general law; and to require local
106jurisdictions to enforce state firearms laws.
107     (b)  It is further the intent of this section to deter and
108prevent the violation of this section and the violation of
109rights protected under the constitution and laws of this state
110related to firearms, ammunition, or components thereof, by the
111abuse of official authority that occurs when enactments are
112knowingly passed in violation of state law or under color of
113local or state authority.
115     (a)  Any person who knowingly and willfully violates the
116Legislature's occupation of the whole field of regulation of
117firearms and ammunition, as declared in subsection (1), by
118enacting or enforcing any local ordinance or administrative rule
119or regulation commits a noncriminal violation as defined in s.
120775.08, punishable as provided in ss. 775.082 and 775.083.
121     (b)  The state attorney in the appropriate jurisdiction
122shall investigate complaints of noncriminal violations of this
123section and, where the state attorney determines that probable
124cause of a violation exists, shall prosecute violators in the
125circuit court where the complaint arose. Any state attorney who
126fails to execute his or her duties under this section may be
127held accountable under the appropriate Florida rules of
128professional conduct.
129     (c)  If the court determines that the violation was knowing
130and willful, the court shall assess a fine of not less than
131$5,000 and not more than $100,000 against the elected or
132appointed local government official or officials or
133administrative agency head under whose jurisdiction the
134violation occurred. The elected or appointed local government
135official or officials or administrative agency head shall be
136personally liable for the payment of all fines, costs, and fees
137assessed by the court for the noncriminal violation.
138     (d)  Except as required by s. 16, Art. I of the State
139Constitution or the Sixth Amendment to the United States
140Constitution, public funds may not be used to defend the
141unlawful conduct of any person charged with a knowing and
142willful violation of this section.
143     (e)  A knowing and willful violation of any provision of
144this section by a person acting in an official capacity for any
145entity enacting or enforcing a local ordinance or administrative
146rule or regulation prohibited under paragraph (a) or otherwise
147under color of law shall be cause for immediate termination of
148employment or contract or removal from office by the Governor.
149     (f)  A person or an organization whose membership is
150adversely affected by any ordinance, regulation, measure,
151directive, rule, enactment, order, or policy promulgated or
152enforced in violation of this section may file suit in an
153appropriate court for declarative and injunctive relief and for
154all actual and consequential damages attributable to the
155violation. A court shall award the prevailing plaintiff in any
156such suit:
157     1.  Attorney's fees in the trial and appellate courts to be
158determined by the rate used by the federal district court with
159jurisdiction over the political subdivision for civil rights
161     2.  Liquidated damages of three times the attorney's fees
162under subparagraph 1.; and
163     3.  Litigation costs in the trial and appellate courts.
165Interest on the sums awarded pursuant to this subsection shall
166accrue at 15 percent per annum from the date on which suit was
167filed. Where applicable, payment may be secured by seizure of
168any vehicles used or operated for the benefit of any elected
169officeholder or official found to have violated this section if
170not paid within 72 hours after the order's filing.
171     (4)  EXCEPTIONS.-This section does not prohibit:
172     (a)  Zoning ordinances that encompass firearms businesses
173along with other businesses, except that zoning ordinances that
174are designed for the purpose of restricting or prohibiting the
175sale, purchase, transfer, or manufacture of firearms or
176ammunition as a method of regulating firearms or ammunition are
177in conflict with this subsection and are prohibited;
178     (b)  A duly organized law enforcement agency from enacting
179and enforcing regulations pertaining to firearms, ammunition, or
180firearm accessories issued to or used by peace officers in the
181course of their official duties;
182     (c)  Except as provided in s. 790.251, any entity subject
183to the prohibitions of this section from regulating or
184prohibiting the carrying of firearms and ammunition by an
185employee of the entity during and in the course of the
186employee's official duties;
187     (d)  A court or administrative law judge from hearing and
188resolving any case or controversy or issuing any opinion or
189order on a matter within the jurisdiction of that court or
190judge; or
191     (e)  The Florida Fish and Wildlife Conservation Commission
192from regulating the use of firearms or ammunition as a method of
193taking wildlife and regulating the shooting ranges managed by
194the commission.
195     (5)(b)  SHORT TITLE.-As created by chapter 87-23, Laws of
196Florida, this section shall be known and may be cited as the
197"Joe Carlucci Uniform Firearms Act."
198     Section 2.  This act shall take effect upon becoming a law.

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