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 causation of
9enforcement of any local ordinance or administrative rule
10or regulation; providing additional intent of the section;
11eliminating provisions authorizing counties to adopt an
12ordinance requiring a waiting period between the purchase
13and delivery of a handgun; providing a penalty for knowing
14and willful 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 declaratory 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, county, agency, municipality, district, or
116other entity that knowingly and willfully violates the
117Legislature's occupation of the whole field of regulation of
118firearms and ammunition, as declared in subsection (1), by
119enacting or causing to be enforced any local ordinance or
120administrative rule or regulation commits a noncriminal
121violation as defined in s. 775.08, punishable as provided in ss.
122775.082 and 775.083.
123     (b)  The state attorney in the appropriate jurisdiction
124shall investigate complaints of noncriminal violations of this
125section and, where the state attorney determines that probable
126cause of a violation exists, may prosecute violators in the
127circuit court where the complaint arose.
128     (c)  If the court determines that the violation was knowing
129and willful, the court shall assess a fine of not less than
130$5,000 and not more than $100,000 against the elected or
131appointed local government official or officials or
132administrative agency head under whose jurisdiction the
133violation occurred. The elected or appointed local government
134official or officials or administrative agency head shall be
135personally liable for the payment of all fines, costs, and fees
136assessed by the court for the noncriminal violation.
137     (d)  Except as required by s. 16, Art. I of the State
138Constitution or the Sixth Amendment to the United States
139Constitution, public funds may not be used to defend the
140unlawful conduct of any person charged with a knowing and
141willful violation of this section.
142     (e)  A knowing and willful violation of any provision of
143this section by a person acting in an official capacity for any
144entity enacting or causing to be enforced a local ordinance or
145administrative rule or regulation prohibited under paragraph (a)
146or otherwise under color of law shall be cause for immediate
147termination of employment or contract or removal from office by
148the 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
152caused to be enforced in violation of this section may file suit
153against any county, agency, municipality, district, or other
154entity, and against any person in that person's individual or
155official capacity, in any court of this state having
156jurisdiction over any defendant to the suit for declaratory and
157injunctive relief and for all actual and consequential damages
158attributable to the violation. A court shall award the
159prevailing plaintiff in any such suit:
160     1.  Reasonable attorneys' fees and costs in accordance with
161the laws of this state, including a contingency fee multiplier,
162if applicable, of between 1.5 and 3; and
163     2.  The greater of actual damages or an amount as
164determined by the court of not less than $25,000 or more than
167Damages under this subsection are not subject to the
168requirements or limitations on damages set forth in s. 768.28.
169Interest on the sums awarded pursuant to this subsection shall
170accrue at 15 percent per annum from the date on which suit was
171filed. Where applicable, payment may be secured by seizure of
172any vehicles used or operated for the benefit of any elected
173officeholder or official found to have violated this section if
174not paid within 72 hours after the order's filing.
175     (4)  EXCEPTIONS.-This section does not prohibit:
176     (a)  Zoning ordinances that encompass firearms businesses
177along with other businesses, except that zoning ordinances that
178are designed for the purpose of restricting or prohibiting the
179sale, purchase, transfer, or manufacture of firearms or
180ammunition as a method of regulating firearms or ammunition are
181in conflict with this subsection and are prohibited;
182     (b)  A duly organized law enforcement agency from enacting
183and enforcing regulations pertaining to firearms, ammunition, or
184firearm accessories issued to or used by peace officers in the
185course of their official duties;
186     (c)  Except as provided in s. 790.251, any entity subject
187to the prohibitions of this section from regulating or
188prohibiting the carrying of firearms and ammunition by an
189employee of the entity during and in the course of the
190employee's official duties;
191     (d)  A court or administrative law judge from hearing and
192resolving any case or controversy or issuing any opinion or
193order on a matter within the jurisdiction of that court or
194judge; or
195     (e)  The Florida Fish and Wildlife Conservation Commission
196from regulating the use of firearms or ammunition as a method of
197taking wildlife and regulating the shooting ranges managed by
198the commission.
199     (5)(b)  SHORT TITLE.-As created by chapter 87-23, Laws of
200Florida, this section shall be known and may be cited as the
201"Joe Carlucci Uniform Firearms Act."
202     Section 2.  This act shall take effect October 1, 2011.

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