Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1m/F/2R         .                                
             03/03/2018 03:21 PM       .                                

       Senator Taddeo moved the following:
    1         Senate Amendment to Amendment (234288) (with title
    2  amendment)
    4         Between lines 437 and 438
    5  insert:
    6         Section 13. Section 790.33, Florida Statutes, is amended to
    7  read:
    8         790.33 Field of Regulation of firearms and ammunition
    9  preempted.—
   10         (1) It is the intent of the Legislature to set minimum
   11  statewide firearm and ammunition standards and to allow local
   12  governments, through their elected officials, to enact
   13  ordinances, regulations, or rules that fit the unique makeup and
   14  demographics of their respective communities.
   15         (2) Local government officials may enact ordinances,
   16  regulations, or rules that are more stringent than the laws
   17  established by the Legislature which they deem appropriate for
   18  their respective communities.
   19         (1) PREEMPTION.—Except as expressly provided by the State
   20  Constitution or general law, the Legislature hereby declares
   21  that it is occupying the whole field of regulation of firearms
   22  and ammunition, including the purchase, sale, transfer,
   23  taxation, manufacture, ownership, possession, storage, and
   24  transportation thereof, to the exclusion of all existing and
   25  future county, city, town, or municipal ordinances or any
   26  administrative regulations or rules adopted by local or state
   27  government relating thereto. Any such existing ordinances,
   28  rules, or regulations are hereby declared null and void.
   29         (2) POLICY AND INTENT.—
   30         (a) It is the intent of this section to provide uniform
   31  firearms laws in the state; to declare all ordinances and
   32  regulations null and void which have been enacted by any
   33  jurisdictions other than state and federal, which regulate
   34  firearms, ammunition, or components thereof; to prohibit the
   35  enactment of any future ordinances or regulations relating to
   36  firearms, ammunition, or components thereof unless specifically
   37  authorized by this section or general law; and to require local
   38  jurisdictions to enforce state firearms laws.
   39         (b) It is further the intent of this section to deter and
   40  prevent the violation of this section and the violation of
   41  rights protected under the constitution and laws of this state
   42  related to firearms, ammunition, or components thereof, by the
   43  abuse of official authority that occurs when enactments are
   44  passed in violation of state law or under color of local or
   45  state authority.
   46         (3) PROHIBITIONS; PENALTIES.—
   47         (a) Any person, county, agency, municipality, district, or
   48  other entity that violates the Legislature’s occupation of the
   49  whole field of regulation of firearms and ammunition, as
   50  declared in subsection (1), by enacting or causing to be
   51  enforced any local ordinance or administrative rule or
   52  regulation impinging upon such exclusive occupation of the field
   53  shall be liable as set forth herein.
   54         (b) If any county, city, town, or other local government
   55  violates this section, the court shall declare the improper
   56  ordinance, regulation, or rule invalid and issue a permanent
   57  injunction against the local government prohibiting it from
   58  enforcing such ordinance, regulation, or rule. It is no defense
   59  that in enacting the ordinance, regulation, or rule the local
   60  government was acting in good faith or upon advice of counsel.
   61         (c) If the court determines that a violation was knowing
   62  and willful, the court shall assess a civil fine of up to $5,000
   63  against the elected or appointed local government official or
   64  officials or administrative agency head under whose jurisdiction
   65  the violation occurred.
   66         (d) Except as required by applicable law, public funds may
   67  not be used to defend or reimburse the unlawful conduct of any
   68  person found to have knowingly and willfully violated this
   69  section.
   70         (e) A knowing and willful violation of any provision of
   71  this section by a person acting in an official capacity for any
   72  entity enacting or causing to be enforced a local ordinance or
   73  administrative rule or regulation prohibited under paragraph (a)
   74  or otherwise under color of law shall be cause for termination
   75  of employment or contract or removal from office by the
   76  Governor.
   77         (f) A person or an organization whose membership is
   78  adversely affected by any ordinance, regulation, measure,
   79  directive, rule, enactment, order, or policy promulgated or
   80  caused to be enforced in violation of this section may file suit
   81  against any county, agency, municipality, district, or other
   82  entity in any court of this state having jurisdiction over any
   83  defendant to the suit for declaratory and injunctive relief and
   84  for actual damages, as limited herein, caused by the violation.
   85  A court shall award the prevailing plaintiff in any such suit:
   86         1. Reasonable attorney’s fees and costs in accordance with
   87  the laws of this state, including a contingency fee multiplier,
   88  as authorized by law; and
   89         2. The actual damages incurred, but not more than $100,000.
   91  Interest on the sums awarded pursuant to this subsection shall
   92  accrue at the legal rate from the date on which suit was filed.
   93         (4) EXCEPTIONS.—This section does not prohibit:
   94         (a) Zoning ordinances that encompass firearms businesses
   95  along with other businesses, except that zoning ordinances that
   96  are designed for the purpose of restricting or prohibiting the
   97  sale, purchase, transfer, or manufacture of firearms or
   98  ammunition as a method of regulating firearms or ammunition are
   99  in conflict with this subsection and are prohibited;
  100         (b) A duly organized law enforcement agency from enacting
  101  and enforcing regulations pertaining to firearms, ammunition, or
  102  firearm accessories issued to or used by peace officers in the
  103  course of their official duties;
  104         (c) Except as provided in s. 790.251, any entity subject to
  105  the prohibitions of this section from regulating or prohibiting
  106  the carrying of firearms and ammunition by an employee of the
  107  entity during and in the course of the employee’s official
  108  duties;
  109         (d) A court or administrative law judge from hearing and
  110  resolving any case or controversy or issuing any opinion or
  111  order on a matter within the jurisdiction of that court or
  112  judge; or
  113         (e) The Florida Fish and Wildlife Conservation Commission
  114  from regulating the use of firearms or ammunition as a method of
  115  taking wildlife and regulating the shooting ranges managed by
  116  the commission.
  117         (5) SHORT TITLE.—As created by chapter 87-23, Laws of
  118  Florida, this section may be cited as the “Joe Carlucci Uniform
  119  Firearms Act.”
  120         Section 14. Subsection (4) of section 790.251, Florida
  121  Statutes, is amended to read:
  122         790.251 Protection of the right to keep and bear arms in
  123  motor vehicles for self-defense and other lawful purposes;
  124  prohibited acts; duty of public and private employers; immunity
  125  from liability; enforcement.—
  126         (4) PROHIBITED ACTS.—No public or private employer may
  127  violate the constitutional rights of any customer, employee, or
  128  invitee as provided in paragraphs (a)-(e):
  129         (a) No public or private employer may prohibit any
  130  customer, employee, or invitee from possessing any legally owned
  131  firearm when such firearm is lawfully possessed and locked
  132  inside or locked to a private motor vehicle in a parking lot and
  133  when the customer, employee, or invitee is lawfully in such
  134  area.
  135         (b) No public or private employer may violate the privacy
  136  rights of a customer, employee, or invitee by verbal or written
  137  inquiry regarding the presence of a firearm inside or locked to
  138  a private motor vehicle in a parking lot or by an actual search
  139  of a private motor vehicle in a parking lot to ascertain the
  140  presence of a firearm within the vehicle. Further, no public or
  141  private employer may take any action against a customer,
  142  employee, or invitee based upon verbal or written statements of
  143  any party concerning possession of a firearm stored inside a
  144  private motor vehicle in a parking lot for lawful purposes. A
  145  search of a private motor vehicle in the parking lot of a public
  146  or private employer to ascertain the presence of a firearm
  147  within the vehicle may only be conducted by on-duty law
  148  enforcement personnel, based upon due process and must comply
  149  with constitutional protections.
  150         (c) No public or private employer shall condition
  151  employment upon either:
  152         1. The fact that an employee or prospective employee holds
  153  or does not hold a license issued pursuant to s. 790.06; or
  154         2. Any agreement by an employee or a prospective employee
  155  that prohibits an employee from keeping a legal firearm locked
  156  inside or locked to a private motor vehicle in a parking lot
  157  when such firearm is kept for lawful purposes.
  158         (d) No public or private employer shall prohibit or attempt
  159  to prevent any customer, employee, or invitee from entering the
  160  parking lot of the employer’s place of business because the
  161  customer’s, employee’s, or invitee’s private motor vehicle
  162  contains a legal firearm being carried for lawful purposes, that
  163  is out of sight within the customer’s, employee’s, or invitee’s
  164  private motor vehicle.
  165         (e) No public or private employer may terminate the
  166  employment of or otherwise discriminate against an employee, or
  167  expel a customer or invitee for exercising his or her
  168  constitutional right to keep and bear arms or for exercising the
  169  right of self-defense as long as a firearm is never exhibited on
  170  company property for any reason other than lawful defensive
  171  purposes.
  173  This subsection applies to all public sector employers,
  174  including those already prohibited from regulating firearms
  175  under the provisions of s. 790.33.
  177  ================= T I T L E  A M E N D M E N T ================
  178  And the title is amended as follows:
  179         Delete line 2452
  180  and insert:
  181         criminal penalties; amending s. 790.33, F.S.;
  182         providing legislative intent; authorizing local
  183         government officials to enact ordinances, regulations,
  184         or rules more stringent than the laws established by
  185         the Legislature in the regulation of firearms and
  186         ammunition; deleting preemption provisions; deleting
  187         policy and intent provisions; deleting prohibitions on
  188         enacting certain ordinances, regulations, or rules;
  189         deleting civil penalties; deleting exceptions;
  190         deleting a short title; amending s. 790.251, F.S.;
  191         conforming a provision to changes made by the act;
  192         providing legislative intent;