Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for SB 7026
Ì934592=Î934592
LEGISLATIVE ACTION
Senate . House
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Senator Taddeo moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 409 and 410
4 insert:
5 Section 9. Section 790.33, Florida Statutes, is amended to
6 read:
7 790.33 Field of Regulation of firearms and ammunition
8 preempted.—
9 (1) It is the intent of the Legislature to set minimum
10 statewide firearm and ammunition standards and to allow local
11 governments, through their elected officials, to enact
12 ordinances, regulations, or rules that fit the unique makeup and
13 demographics of their respective communities.
14 (2) Local government officials may enact ordinances,
15 regulations, or rules that are more stringent than the laws
16 established by the Legislature which they deem appropriate for
17 their respective communities.
18 (1) PREEMPTION.—Except as expressly provided by the State
19 Constitution or general law, the Legislature hereby declares
20 that it is occupying the whole field of regulation of firearms
21 and ammunition, including the purchase, sale, transfer,
22 taxation, manufacture, ownership, possession, storage, and
23 transportation thereof, to the exclusion of all existing and
24 future county, city, town, or municipal ordinances or any
25 administrative regulations or rules adopted by local or state
26 government relating thereto. Any such existing ordinances,
27 rules, or regulations are hereby declared null and void.
28 (2) POLICY AND INTENT.—
29 (a) It is the intent of this section to provide uniform
30 firearms laws in the state; to declare all ordinances and
31 regulations null and void which have been enacted by any
32 jurisdictions other than state and federal, which regulate
33 firearms, ammunition, or components thereof; to prohibit the
34 enactment of any future ordinances or regulations relating to
35 firearms, ammunition, or components thereof unless specifically
36 authorized by this section or general law; and to require local
37 jurisdictions to enforce state firearms laws.
38 (b) It is further the intent of this section to deter and
39 prevent the violation of this section and the violation of
40 rights protected under the constitution and laws of this state
41 related to firearms, ammunition, or components thereof, by the
42 abuse of official authority that occurs when enactments are
43 passed in violation of state law or under color of local or
44 state authority.
45 (3) PROHIBITIONS; PENALTIES.—
46 (a) Any person, county, agency, municipality, district, or
47 other entity that violates the Legislature’s occupation of the
48 whole field of regulation of firearms and ammunition, as
49 declared in subsection (1), by enacting or causing to be
50 enforced any local ordinance or administrative rule or
51 regulation impinging upon such exclusive occupation of the field
52 shall be liable as set forth herein.
53 (b) If any county, city, town, or other local government
54 violates this section, the court shall declare the improper
55 ordinance, regulation, or rule invalid and issue a permanent
56 injunction against the local government prohibiting it from
57 enforcing such ordinance, regulation, or rule. It is no defense
58 that in enacting the ordinance, regulation, or rule the local
59 government was acting in good faith or upon advice of counsel.
60 (c) If the court determines that a violation was knowing
61 and willful, the court shall assess a civil fine of up to $5,000
62 against the elected or appointed local government official or
63 officials or administrative agency head under whose jurisdiction
64 the violation occurred.
65 (d) Except as required by applicable law, public funds may
66 not be used to defend or reimburse the unlawful conduct of any
67 person found to have knowingly and willfully violated this
68 section.
69 (e) A knowing and willful violation of any provision of
70 this section by a person acting in an official capacity for any
71 entity enacting or causing to be enforced a local ordinance or
72 administrative rule or regulation prohibited under paragraph (a)
73 or otherwise under color of law shall be cause for termination
74 of employment or contract or removal from office by the
75 Governor.
76 (f) A person or an organization whose membership is
77 adversely affected by any ordinance, regulation, measure,
78 directive, rule, enactment, order, or policy promulgated or
79 caused to be enforced in violation of this section may file suit
80 against any county, agency, municipality, district, or other
81 entity in any court of this state having jurisdiction over any
82 defendant to the suit for declaratory and injunctive relief and
83 for actual damages, as limited herein, caused by the violation.
84 A court shall award the prevailing plaintiff in any such suit:
85 1. Reasonable attorney’s fees and costs in accordance with
86 the laws of this state, including a contingency fee multiplier,
87 as authorized by law; and
88 2. The actual damages incurred, but not more than $100,000.
89
90 Interest on the sums awarded pursuant to this subsection shall
91 accrue at the legal rate from the date on which suit was filed.
92 (4) EXCEPTIONS.—This section does not prohibit:
93 (a) Zoning ordinances that encompass firearms businesses
94 along with other businesses, except that zoning ordinances that
95 are designed for the purpose of restricting or prohibiting the
96 sale, purchase, transfer, or manufacture of firearms or
97 ammunition as a method of regulating firearms or ammunition are
98 in conflict with this subsection and are prohibited;
99 (b) A duly organized law enforcement agency from enacting
100 and enforcing regulations pertaining to firearms, ammunition, or
101 firearm accessories issued to or used by peace officers in the
102 course of their official duties;
103 (c) Except as provided in s. 790.251, any entity subject to
104 the prohibitions of this section from regulating or prohibiting
105 the carrying of firearms and ammunition by an employee of the
106 entity during and in the course of the employee’s official
107 duties;
108 (d) A court or administrative law judge from hearing and
109 resolving any case or controversy or issuing any opinion or
110 order on a matter within the jurisdiction of that court or
111 judge; or
112 (e) The Florida Fish and Wildlife Conservation Commission
113 from regulating the use of firearms or ammunition as a method of
114 taking wildlife and regulating the shooting ranges managed by
115 the commission.
116 (5) SHORT TITLE.—As created by chapter 87-23, Laws of
117 Florida, this section may be cited as the “Joe Carlucci Uniform
118 Firearms Act.”
119 Section 10. Subsection (4) of section 790.251, Florida
120 Statutes, is amended to read:
121 790.251 Protection of the right to keep and bear arms in
122 motor vehicles for self-defense and other lawful purposes;
123 prohibited acts; duty of public and private employers; immunity
124 from liability; enforcement.—
125 (4) PROHIBITED ACTS.—No public or private employer may
126 violate the constitutional rights of any customer, employee, or
127 invitee as provided in paragraphs (a)-(e):
128 (a) No public or private employer may prohibit any
129 customer, employee, or invitee from possessing any legally owned
130 firearm when such firearm is lawfully possessed and locked
131 inside or locked to a private motor vehicle in a parking lot and
132 when the customer, employee, or invitee is lawfully in such
133 area.
134 (b) No public or private employer may violate the privacy
135 rights of a customer, employee, or invitee by verbal or written
136 inquiry regarding the presence of a firearm inside or locked to
137 a private motor vehicle in a parking lot or by an actual search
138 of a private motor vehicle in a parking lot to ascertain the
139 presence of a firearm within the vehicle. Further, no public or
140 private employer may take any action against a customer,
141 employee, or invitee based upon verbal or written statements of
142 any party concerning possession of a firearm stored inside a
143 private motor vehicle in a parking lot for lawful purposes. A
144 search of a private motor vehicle in the parking lot of a public
145 or private employer to ascertain the presence of a firearm
146 within the vehicle may only be conducted by on-duty law
147 enforcement personnel, based upon due process and must comply
148 with constitutional protections.
149 (c) No public or private employer shall condition
150 employment upon either:
151 1. The fact that an employee or prospective employee holds
152 or does not hold a license issued pursuant to s. 790.06; or
153 2. Any agreement by an employee or a prospective employee
154 that prohibits an employee from keeping a legal firearm locked
155 inside or locked to a private motor vehicle in a parking lot
156 when such firearm is kept for lawful purposes.
157 (d) No public or private employer shall prohibit or attempt
158 to prevent any customer, employee, or invitee from entering the
159 parking lot of the employer’s place of business because the
160 customer’s, employee’s, or invitee’s private motor vehicle
161 contains a legal firearm being carried for lawful purposes, that
162 is out of sight within the customer’s, employee’s, or invitee’s
163 private motor vehicle.
164 (e) No public or private employer may terminate the
165 employment of or otherwise discriminate against an employee, or
166 expel a customer or invitee for exercising his or her
167 constitutional right to keep and bear arms or for exercising the
168 right of self-defense as long as a firearm is never exhibited on
169 company property for any reason other than lawful defensive
170 purposes.
171
172 This subsection applies to all public sector employers,
173 including those already prohibited from regulating firearms
174 under the provisions of s. 790.33.
175
176 ================= T I T L E A M E N D M E N T ================
177 And the title is amended as follows:
178 Between lines 58 and 59
179 insert:
180 amending s. 790.33, F.S.; providing legislative
181 intent; authorizing local government officials to
182 enact ordinances, regulations, or rules more stringent
183 than the laws established by the Legislature in the
184 regulation of firearms and ammunition; deleting
185 preemption provisions; deleting policy and intent
186 provisions; deleting prohibitions on enacting certain
187 ordinances, regulations, or rules; deleting civil
188 penalties; deleting exceptions; deleting a short
189 title; amending s. 790.251, F.S.; conforming a
190 provision to changes made by the act;