Florida Senate - 2013                                    SB 1018
       By Senator Ring
       29-00891A-13                                          20131018__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of firearms and
    3         ammunition; amending s. 790.33, F.S.; providing that
    4         except as otherwise expressly prohibited by the State
    5         Constitution, the municipalities and counties of this
    6         state may regulate the field of firearms and
    7         ammunition, including the purchase, sale, transfer,
    8         taxation, manufacture, ownership, possession, storage,
    9         and transportation of firearms and ammunition;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 790.33, Florida Statutes, is amended to
   15  read:
   16         790.33 Field of regulation of firearms and ammunition;
   17  county and municipal ordinances preempted.—
   18         (1) PREEMPTION.—Except as otherwise expressly prohibited
   19  provided by the State Constitution or general law, the
   20  municipalities and counties of this state may enact and enforce
   21  ordinances that regulate Legislature hereby declares that it is
   22  occupying the whole field of regulation of firearms and
   23  ammunition, including the purchase, sale, transfer, taxation,
   24  manufacture, ownership, possession, storage, and transportation
   25  thereof, to the exclusion of all existing and future county,
   26  city, town, or municipal ordinances or any administrative
   27  regulations or rules adopted by local or state government
   28  relating thereto. Any such existing ordinances, rules, or
   29  regulations are hereby declared null and void.
   30         (2) POLICY AND INTENT.—
   31         (a) It is the intent of this section to provide uniform
   32  firearms laws in the state; to declare all ordinances and
   33  regulations null and void which have been enacted by any
   34  jurisdictions other than state and federal, which regulate
   35  firearms, ammunition, or components thereof; to prohibit the
   36  enactment of any future ordinances or regulations relating to
   37  firearms, ammunition, or components thereof unless specifically
   38  authorized by this section or general law; and to require local
   39  jurisdictions to enforce state firearms laws.
   40         (b) It is further the intent of this section to deter and
   41  prevent the violation of this section and the violation of
   42  rights protected under the constitution and laws of this state
   43  related to firearms, ammunition, or components thereof, by the
   44  abuse of official authority that occurs when enactments are
   45  passed in violation of state law or under color of local or
   46  state authority.
   47         (3) PROHIBITIONS; PENALTIES.—
   48         (a) Any person, county, agency, municipality, district, or
   49  other entity that violates the Legislature’s occupation of the
   50  whole field of regulation of firearms and ammunition, as
   51  declared in subsection (1), by enacting or causing to be
   52  enforced any local ordinance or administrative rule or
   53  regulation impinging upon such exclusive occupation of the field
   54  shall be liable as set forth herein.
   55         (b) If any county, city, town, or other local government
   56  violates this section, the court shall declare the improper
   57  ordinance, regulation, or rule invalid and issue a permanent
   58  injunction against the local government prohibiting it from
   59  enforcing such ordinance, regulation, or rule. It is no defense
   60  that in enacting the ordinance, regulation, or rule the local
   61  government was acting in good faith or upon advice of counsel.
   62         (c) If the court determines that a violation was knowing
   63  and willful, the court shall assess a civil fine of up to $5,000
   64  against the elected or appointed local government official or
   65  officials or administrative agency head under whose jurisdiction
   66  the violation occurred.
   67         (d) Except as required by applicable law, public funds may
   68  not be used to defend or reimburse the unlawful conduct of any
   69  person found to have knowingly and willfully violated this
   70  section.
   71         (e) A knowing and willful violation of any provision of
   72  this section by a person acting in an official capacity for any
   73  entity enacting or causing to be enforced a local ordinance or
   74  administrative rule or regulation prohibited under paragraph (a)
   75  or otherwise under color of law shall be cause for termination
   76  of employment or contract or removal from office by the
   77  Governor.
   78         (f) A person or an organization whose membership is
   79  adversely affected by any ordinance, regulation, measure,
   80  directive, rule, enactment, order, or policy promulgated or
   81  caused to be enforced in violation of this section may file suit
   82  against any county, agency, municipality, district, or other
   83  entity in any court of this state having jurisdiction over any
   84  defendant to the suit for declaratory and injunctive relief and
   85  for actual damages, as limited herein, caused by the violation.
   86  A court shall award the prevailing plaintiff in any such suit:
   87         1. Reasonable attorney’s fees and costs in accordance with
   88  the laws of this state, including a contingency fee multiplier,
   89  as authorized by law; and
   90         2. The actual damages incurred, but not more than $100,000.
   92  Interest on the sums awarded pursuant to this subsection shall
   93  accrue at the legal rate from the date on which suit was filed.
   94         (4) EXCEPTIONS.—This section does not prohibit:
   95         (a) Zoning ordinances that encompass firearms businesses
   96  along with other businesses, except that zoning ordinances that
   97  are designed for the purpose of restricting or prohibiting the
   98  sale, purchase, transfer, or manufacture of firearms or
   99  ammunition as a method of regulating firearms or ammunition are
  100  in conflict with this subsection and are prohibited;
  101         (b) A duly organized law enforcement agency from enacting
  102  and enforcing regulations pertaining to firearms, ammunition, or
  103  firearm accessories issued to or used by peace officers in the
  104  course of their official duties;
  105         (c) Except as provided in s. 790.251, any entity subject to
  106  the prohibitions of this section from regulating or prohibiting
  107  the carrying of firearms and ammunition by an employee of the
  108  entity during and in the course of the employee’s official
  109  duties;
  110         (d) A court or administrative law judge from hearing and
  111  resolving any case or controversy or issuing any opinion or
  112  order on a matter within the jurisdiction of that court or
  113  judge; or
  114         (e) The Florida Fish and Wildlife Conservation Commission
  115  from regulating the use of firearms or ammunition as a method of
  116  taking wildlife and regulating the shooting ranges managed by
  117  the commission.
  118         (5) SHORT TITLE.—As created by chapter 87-23, Laws of
  119  Florida, this section may be cited as the “Joe Carlucci Uniform
  120  Firearms Act.”
  121         Section 2. This act shall take effect July 1, 2013.