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 injunctive relief
14from the enforcement of an invalid ordinance, regulation,
15or rule; providing a civil penalty for knowing and willful
16violation of prohibitions; providing that public funds may
17not be used to defend or reimburse the unlawful conduct of
18any person charged with a knowing and willful violation of
19the act; providing for termination of employment or
20contract or removal from office of a person acting in an
21official capacity who knowingly and willfully violates any
22provision of the act; providing for declaratory and
23injunctive relief for specified persons or organizations;
24providing for specified damages and interest; providing
25exceptions to prohibitions of the section; providing an
26effective date.
28Be It Enacted by the Legislature of the State of Florida:
30     Section 1.  Section 790.33, Florida Statutes, is amended to
32     790.33  Field of regulation of firearms and ammunition
34     (1)  PREEMPTION.-Except as expressly provided by the State
35Constitution or general law, the Legislature hereby declares
36that it is occupying the whole field of regulation of firearms
37and ammunition, including the purchase, sale, transfer,
38taxation, manufacture, ownership, possession, storage, and
39transportation thereof, to the exclusion of all existing and
40future county, city, town, or municipal ordinances or any
41administrative regulations or rules adopted by local or state
42government relating thereto. Any such existing ordinances,
43rules, or regulations are hereby declared null and void. This
44subsection shall not affect zoning ordinances which encompass
45firearms businesses along with other businesses. Zoning
46ordinances which are designed for the purpose of restricting or
47prohibiting the sale, purchase, transfer, or manufacture of
48firearms or ammunition as a method of regulating firearms or
49ammunition are in conflict with this subsection and are
52     (a)  Any county may have the option to adopt a waiting-
53period ordinance requiring a waiting period of up to, but not to
54exceed, 3 working days between the purchase and delivery of a
55handgun. For purposes of this subsection, "purchase" means
56payment of deposit, payment in full, or notification of intent
57to purchase. Adoption of a waiting-period ordinance, by any
58county, shall require a majority vote of the county commission
59on votes on waiting-period ordinances. This exception is limited
60solely to individual counties and is limited to the provisions
61and restrictions contained in this subsection.
62     (b)  Ordinances authorized by this subsection shall apply
63to all sales of handguns to individuals by a retail
64establishment except those sales to individuals exempted in this
65subsection. For purposes of this subsection, "retail
66establishment" means a gun shop, sporting goods store, pawn
67shop, hardware store, department store, discount store, bait or
68tackle shop, or any other store or shop that offers handguns for
69walk-in retail sale but does not include gun collectors shows or
70exhibits, or gun shows.
71     (c)  Ordinances authorized by this subsection shall not
72require any reporting or notification to any source outside the
73retail establishment, but records of handgun sales must be
74available for inspection, during normal business hours, by any
75law enforcement agency as defined in s. 934.02.
76     (d)  The following shall be exempt from any waiting period:
77     1.  Individuals who are licensed to carry concealed
78firearms under the provisions of s. 790.06 or who are licensed
79to carry concealed firearms under any other provision of state
80law and who show a valid license;
81     2.  Individuals who already lawfully own another firearm
82and who show a sales receipt for another firearm; who are known
83to own another firearm through a prior purchase from the retail
84establishment; or who have another firearm for trade-in;
85     3.  A law enforcement or correctional officer as defined in
86s. 943.10;
87     4.  A law enforcement agency as defined in s. 934.02;
88     5.  Sales or transactions between dealers or between
89distributors or between dealers and distributors who have
90current federal firearms licenses; or
91     6.  Any individual who has been threatened or whose family
92has been threatened with death or bodily injury, provided the
93individual may lawfully possess a firearm and provided such
94threat has been duly reported to local law enforcement.
95     (2)(3)  POLICY AND INTENT.-
96     (a)  It is the intent of this section to provide uniform
97firearms laws in the state; to declare all ordinances and
98regulations null and void which have been enacted by any
99jurisdictions other than state and federal, which regulate
100firearms, ammunition, or components thereof; to prohibit the
101enactment of any future ordinances or regulations relating to
102firearms, ammunition, or components thereof unless specifically
103authorized by this section or general law; and to require local
104jurisdictions to enforce state firearms laws.
105     (b)  It is further the intent of this section to deter and
106prevent the violation of this section and the violation of
107rights protected under the constitution and laws of this state
108related to firearms, ammunition, or components thereof, by the
109abuse of official authority that occurs when enactments are
110passed in violation of state law or under color of local or
111state authority.
113     (a)  Any person, county, agency, municipality, district, or
114other entity that violates the Legislature's occupation of the
115whole field of regulation of firearms and ammunition, as
116declared in subsection (1), by enacting or causing to be
117enforced any local ordinance or administrative rule or
118regulation impinging upon such exclusive occupation of the field
119shall be liable as set forth herein.
120     (b)  If any county, city, town, or other local government
121violates this section, the court shall declare the improper
122ordinance, regulation, or rule invalid and issue a permanent
123injunction against the local government prohibiting it from
124enforcing such ordinance, regulation, or rule. It is no defense
125that in enacting the ordinance, regulation, or rule the local
126government was acting in good faith or upon advice of counsel.
127     (c)  If the court determines that a violation was knowing
128and willful, the court shall assess a civil fine of up to $5,000
129against the elected or appointed local government official or
130officials or administrative agency head under whose jurisdiction
131the violation occurred.
132     (d)  Except as required by applicable law, public funds may
133not be used to defend or reimburse the unlawful conduct of any
134person found to have knowingly and willfully violated this
136     (e)  A knowing and willful violation of any provision of
137this section by a person acting in an official capacity for any
138entity enacting or causing to be enforced a local ordinance or
139administrative rule or regulation prohibited under paragraph (a)
140or otherwise under color of law shall be cause for termination
141of employment or contract or removal from office by the
143     (f)  A person or an organization whose membership is
144adversely affected by any ordinance, regulation, measure,
145directive, rule, enactment, order, or policy promulgated or
146caused to be enforced in violation of this section may file suit
147against any county, agency, municipality, district, or other
148entity in any court of this state having jurisdiction over any
149defendant to the suit for declaratory and injunctive relief and
150for actual damages, as limited herein, caused by the violation.
151A court shall award the prevailing plaintiff in any such suit:
152     1.  Reasonable attorney's fees and costs in accordance with
153the laws of this state, including a contingency fee multiplier,
154as authorized by law; and
155     2.  The actual damages incurred, but not more than
158Interest on the sums awarded pursuant to this subsection shall
159accrue at the legal rate from the date on which suit was filed.
160     (4)  EXCEPTIONS.-This section does not prohibit:
161     (a)  Zoning ordinances that encompass firearms businesses
162along with other businesses, except that zoning ordinances that
163are designed for the purpose of restricting or prohibiting the
164sale, purchase, transfer, or manufacture of firearms or
165ammunition as a method of regulating firearms or ammunition are
166in conflict with this subsection and are prohibited;
167     (b)  A duly organized law enforcement agency from enacting
168and enforcing regulations pertaining to firearms, ammunition, or
169firearm accessories issued to or used by peace officers in the
170course of their official duties;
171     (c)  Except as provided in s. 790.251, any entity subject
172to the prohibitions of this section from regulating or
173prohibiting the carrying of firearms and ammunition by an
174employee of the entity during and in the course of the
175employee's official duties;
176     (d)  A court or administrative law judge from hearing and
177resolving any case or controversy or issuing any opinion or
178order on a matter within the jurisdiction of that court or
179judge; or
180     (e)  The Florida Fish and Wildlife Conservation Commission
181from regulating the use of firearms or ammunition as a method of
182taking wildlife and regulating the shooting ranges managed by
183the commission.
184     (5)(b)  SHORT TITLE.-As created by chapter 87-23, Laws of
185Florida, this section shall be known and may be cited as the
186"Joe Carlucci Uniform Firearms Act."
187     Section 2.  This act shall take effect October 1, 2011.

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