Agenda 09/13/2011 Item #16K2Agenda Changes
Board of County Commissioners Meeting
September 13, 2011
MOVE ITEM 16K2 TO ITEM 11A: REQUEST AUTHORIZATION TO
ADVERTISE AND BRING BACK FOR FUTURE CONSIDERATION
ORDINANCES WHICH REPEAL OR AMEND CERTAIN COLLIER COUNTY
ORDINANCES RELATING TO THE REGULATION OF FIREARMS AND
AMMUNITION IN ORDER TO COMPLY WITH RECENT AMENDMENTS TO
SECTION 790.333, FLORIDA STATUTES WHICH PREEMPTS ALL SUCH
REGULATORY POWERS TO THE STATE OF FLORIDA EFFECTIVE
OCTOBER 12011 9 AND THAT FOLLOWING SUCH FUTURE PUBLIC
HEARING THE BOARD CONSIDERS REFERRING TWO SPECIAL ACTS
DEALING WITH FIREARMS TO THE LEGISLATIVE DELEGATION, WITH
A REQUEST THE LEGISLATURE REVIEW THEM FOR POSSIBLE REPEAL.
(COMMISSIONER HILLER'S REQUEST)
Continue Item 16A3 to the September 27, 2011 BCC Meeting: Recommendation to grant final
approval of the roadway (private) and drainage improvements for the final plat of Caldecott with
roadway and drainage improvements being privately maintained and authorizing release of the
maintenance security (Staff request due to a calculation error in the performance security)
Move Item 16A14 to Item 10i: PMC- PL2011 -872: Heavenly PUD — Notification of staff intent to
approve a minor amendment to the Heavenly PUD in accordance with LDC Section 10.02.13.E.6 and
8 to change location and type of plantings and revise buffer standards to reduce height of trees and
plantings due to site conditions and conflict with FPL lines, and allow payment in lieu of sidewalks
instead of construction of a sidewalk along Myrtle Road from North Trail Boulevard to the project
entrance. Property located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge
Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East
Collier County, FL (Commissioner Hiller's request)
Move Item 16A16 to Item 1OK: Recommendation to provide after the fact approval for submittal of a
State of Good Repair (SGR) Bus and Bus Facilities grant application, in the amount $11,335,290, to
the Federal Transit Administration (FTA) for construction of improvements at the Collier Area Transit
Administration and Maintenance Facility at 8300 Radio Road (Commissioner Hiller's request)
Move Item 16A19 to Item 1 OH: Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed
limit decrease from fifty -five miles per hour (55 mph) to fifty miles per hour (50 mph) on Collier
Boulevard from to Golden Gate Boulevard at a cost of approx $500. (Commissioner Fiala's request)
Withdraw Item 16A25: Recommendation to advertise an amendment to Ordinance No. 2009 -44,
Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU) Ordinance, to remove a sunset provision of six years and provide the MSTU be dissolved
Agenda Changes
Board of County Commissioners Meeting
September 13, 2011
MOVE ITEM 16K2 TO ITEM 11A: REQUEST AUTHORIZATION TO
ADVERTISE AND BRING BACK FOR FUTURE CONSIDERATION
ORDINANCES WHICH REPEAL OR AMEND CERTAIN COLLIER COUNTY
ORDINANCES RELATING TO THE REGULATION OF FIREARMS AND
AMMUNITION IN ORDER TO COMPLY WITH RECENT AMENDMENTS TO
SECTION 790.333, FLORIDA STATUTES WHICH PREEMPTS ALL SUCH
REGULATORY POWERS TO THE STATE OF FLORIDA EFFECTIVE
OCTOBER 12011 9 AND THAT FOLLOWING SUCH FUTURE PUBLIC
HEARING THE BOARD CONSIDERS REFERRING TWO SPECIAL ACTS
DEALING WITH FIREARMS TO THE LEGISLATIVE DELEGATION, WITH
A REQUEST THE LEGISLATURE REVIEW THEM FOR POSSIBLE REPEAL.
(COMMISSIONER HILLER'S REQUEST)
Continue Item 16A3 to the September 27, 2011 BCC Meeting: Recommendation to grant final
approval of the roadway (private) and drainage improvements for the final plat of Caldecott with
roadway and drainage improvements being privately maintained and authorizing release of the
maintenance security (Staff request due to a calculation error in the performance security)
Move Item 16A14 to Item 10i: PMC- PL2011 -872: Heavenly PUD — Notification of staff intent to
approve a minor amendment to the Heavenly PUD in accordance with LDC Section 10.02.13.E.6 and
8 to change location and type of plantings and revise buffer standards to reduce height of trees and
plantings due to site conditions and conflict with FPL lines, and allow payment in lieu of sidewalks
instead of construction of a sidewalk along Myrtle Road from North Trail Boulevard to the project
entrance. Property located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge
Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East
Collier County, FL (Commissioner Hiller's request)
Move Item 16A16 to Item 1OK: Recommendation to provide after the fact approval for submittal of a
State of Good Repair (SGR) Bus and Bus Facilities grant application, in the amount $11,335,290, to
the Federal Transit Administration (FTA) for construction of improvements at the Collier Area Transit
Administration and Maintenance Facility at 8300 Radio Road (Commissioner Hiller's request)
Move Item 16A19 to Item 1 OH: Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed
limit decrease from fifty -five miles per hour (55 mph) to fifty miles per hour (50 mph) on Collier
Boulevard from to Golden Gate Boulevard at a cost of approx $500. (Commissioner Fiala's request)
Withdraw Item 16A25: Recommendation to advertise an amendment to Ordinance No. 2009 -44,
Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit
(MSTU) Ordinance, to remove a sunset provision of six years and provide the MSTU be dissolved
upon recommendation by the MSTU Advisory Committee and approval by Board of County
Commissioners. (Staff request to coordinate with future MSTU Referendum question)
Move Item 16B2 to 13A: Continued from May 10, 2011 Recommendation to approve a Resolution to
petition Governor Scott to extend the "Rural Area of Critical Economic Concern" designation awarded
to Florida's Heartland Regional Economic Development Initiative, Inc. for another 5 -years and keep
the Community of Immokalee in the South Central Rural Area of Critical Economic Concern
designation (Commissioner Hiller's request)
Withdraw Item 16C12: Recommendation to approve a requisite Memorandum of Agreement with
FDOT & Florida Department of Financial Services, Division of Treasury, to establish an interest
bearing escrow account for funds required to relocate County Water -Sewer District -owned
underground utility lines to accommodate widening State Road 84 between Santa Barbara Boulevard
and Radio Road. (County Attorney's request)
Move Item 16D5 to Item 10I: Recommendation to waive boarding fees in the amount of $16,400
associated with kenneling two declared dangerous dogs, in exchange for dismissal of a pending
dangerous dog appeal, and in order for the dogs to be reunited with the owners, who currently live out -
of- county. (Commissioner Coletta's request)
Move Item 16D8 to Item 1OG: Continued from the July 26, 2011 BCC Meeting. Request the Board
of County Commissioners review and approve County Attorney's recommendation to waive any
potential ethics conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes.
(Commissioner Coyle's request)
Continue Item 16E13 to the September 27, 2011 Meeting: Recommendation to establish standards
and criteria for use of Peer Reviews of designs for major capital projects. (Staff request)
Move Item 16H3 to Item 9H: Authorize the Chairman to sign a letter of concurrency for the Florida
Department of Children and Families for a State of FL Refugee Services Targeted Assistance Grant
Program and utilize funds in the County through Catholic Charities (Commissioner Fiala's request)
Continue Item 16K6 to the October 11, 2011 BCC Meeting: Recommendation that the Board
consider the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L
Ranch Partnership ( "HCLRP ") SSA #8 and the termination of the Stewardship Sending Area Credit
Agreement and the Stewardship Easement Agreement, and the canceling of the Stewardship credits
generated by the designation of said Stewardship Sending Area. (County Attorney's request)
Note:
Item 8C does not require that ex parte disclosure be provided by Commission members as stated in the
agenda title. Also, Items 8B and 8C are companion items; Item 8C will be heard before 8B.
Item 16A20 "Recommendation" portion of the Executive Summary should read: That the Board of
County Commissioners accept the Traffic Speed Limit Study and adopt the Resolution desreasin
increasing the speed limit on a designated section of Pine Ridge Road, authorize Chairman to execute
the Resolution, and authorize County Manager to erect and remove appropriate traffic control signs.
upon recommendation by the MSTU Advisory Committee and approval by Board of County
Commissioners. (Staff request to coordinate with future MSTU Referendum question)
Move Item 16B2 to 13A: Continued from May 10, 2011 Recommendation to approve a Resolution to
petition Governor Scott to extend the "Rural Area of Critical Economic Concern" designation awarded
to Florida's Heartland Regional Economic Development Initiative, Inc. for another 5 -years and keep
the Community of Immokalee in the South Central Rural Area of Critical Economic Concern
designation (Commissioner Hiller's request)
Withdraw Item 16C12: Recommendation to approve a requisite Memorandum of Agreement with
FDOT & Florida Department of Financial Services, Division of Treasury, to establish an interest
bearing escrow account for funds required to relocate County Water -Sewer District -owned
underground utility lines to accommodate widening State Road 84 between Santa Barbara Boulevard
and Radio Road. (County Attorney's request)
Move Item 16D5 to Item 10I: Recommendation to waive boarding fees in the amount of $16,400
associated with kenneling two declared dangerous dogs, in exchange for dismissal of a pending
dangerous dog appeal, and in order for the dogs to be reunited with the owners, who currently live out -
of- county. (Commissioner Coletta's request)
Move Item 16D8 to Item 1OG: Continued from the July 26, 2011 BCC Meeting. Request the Board
of County Commissioners review and approve County Attorney's recommendation to waive any
potential ethics conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes.
(Commissioner Coyle's request)
Continue Item 16E13 to the September 27, 2011 Meeting: Recommendation to establish standards
and criteria for use of Peer Reviews of designs for major capital projects. (Staff request)
Move Item 16H3 to Item 9H: Authorize the Chairman to sign a letter of concurrency for the Florida
Department of Children and Families for a State of FL Refugee Services Targeted Assistance Grant
Program and utilize funds in the County through Catholic Charities (Commissioner Fiala's request)
Continue Item 16K6 to the October 11, 2011 BCC Meeting: Recommendation that the Board
consider the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L
Ranch Partnership ( "HCLRP ") SSA #8 and the termination of the Stewardship Sending Area Credit
Agreement and the Stewardship Easement Agreement, and the canceling of the Stewardship credits
generated by the designation of said Stewardship Sending Area. (County Attorney's request)
Note:
Item 8C does not require that ex parte disclosure be provided by Commission members as stated in the
agenda title. Also, Items 8B and 8C are companion items; Item 8C will be heard before 8B.
Item 16A20 "Recommendation" portion of the Executive Summary should read: That the Board of
County Commissioners accept the Traffic Speed Limit Study and adopt the Resolution desreasin
increasing the speed limit on a designated section of Pine Ridge Road, authorize Chairman to execute
the Resolution, and authorize County Manager to erect and remove appropriate traffic control signs.
9/13/2011 item 16.x.2.
EXECUTIVE SUMMARY
Request for authorization to advertise and bring back for future consideration ordinances
which repeal or amend certain Collier County ordinances relating to the regulation of
firearms and ammunition in order to comply with recent amendments to .Section 790.33,
Florida Statutes, which preempts all such regulatory powers to the State of Florida effective
October 1, 2011, and that following such future public hearing the Board considers referring
two Special Acts dealing with firearms to the Legislative Delegation, with a request that the
Legislature review them for possible repeal
OBJECTIVE: To comply with recent State legislative amendments to Section 790.33, Florida
Statutes, which relate to the regulation of firearms and ammunition.
CONSIDERATIONS: During the 2011 legislative session, the Florida Legislature adopted
House Bill 45, which was signed into law by Governor Rick Scott and codified at Chapter 2011=
109, Laws of Florida. House Bill 45 amends Section 790.33, Florida Statutes, entitled "Field of
regulation of firearms and ammunition preempted," by expanding the Legislature's preemption in
the field of regulation of the firearms and ammunition, and by exacting severe penalties should an
elected or appointed local government official enact, or cause to be enforced, an ordinance or
regulation relating to firearms and ammunition. The legislation is effective on October 1, 2011
Based on discussions with fellow County Attorneys, as a result of HB 45, a number of
Florida counties have already repealed their firearms regulations, including Charlotte County,
Leon County, St. Johns County, and Indian River County, with others in the process of repealing
their firearm regulations.
History of Section 790.33. Florida Statutes
Section 790.33, Florida Statutes (the "Joe Carlucci Uniform Firearms Act"'), was created
during the 1987 legislative session. The intent of the Act was to provide uniform firearms laws in
the State. Since its adoption in 1987, Section 790.33 has preempted local governments from
regulating firearms and ammunition unless expressly authorized to do so by general law. The field
of regulation specifically included the purchase, sale, transfer, taxation, manufacture, ownership,
possession, and transportation of firearms and ammunition, to the exclusion;of all existing and
future local government ordinances or regulations relating thereto. Subsection (2) of Section
790.33 was amended in 1988, and provided a specific exception to the preemption, in that any
county had the option to adopt a waiting- period ordinance to require a waiting period of up to three
working days between the purchase and delivery of a handgun.
House Bill 45
Section 790.33(1), as amended by House Bill 45, provides the - following express
preemption:
Except as expressly provided by the State Constitution or general law, the
Legislature hereby declares that it is occupying the whole field of
regulation of firearms and ammunition, including the purchase, sale,
transfer, taxation, manufacture, ownership, possession, storage, and
transportation thereof, to the exclusion of all existing and future county,
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9/13/2011 Item 16.K.2.
city, town, or municipal ordinances or any administrative regulations or
rules adopted by local or state government relating thereto. Any such
existing ordinances, rules, or regulations are hereby declared null and void. .
House Bill 45 specifically added the storage of firearms and ammunition to its list of express
preemptions, plus specifically stated that, in addition to locally adopted ordinances, any locally
adopted administrative regulations or rules were declared null and void. Notably, House Bill 45
also added a subsection that states as follows:
It is further the intent of this section to deter and prevent the violation of
this section and the violation of rights protected under the constitution and
laws of this state related to firearms, ammunition, or components thereof,
by the abuse of official authority that occurs when enactments are passed in
violation of state law or under color of local or state authority.
House Bill 45 added a new subsection (3) to Section 790.33, regarding the penalties to be
imposed should any person, county, agency, municipality, or district violate the Legislature's
exclusive regulation of firearms and ammunition, such a violation being a third - degree felony. For
example, a knowing and willful violation of any provision of Section 790.33 by a person acting in
an official capacity for any local government entity that enacts, or causes to be enforced, an
ordinance or administrative rule or regulation, "shall be cause for termination of employment or
contract or removal from office by the Governor." Furthermore, if a court determines that the
official acted knowingly and willingly, the court "shall assess a civil fine of up to $5,000" against
the official and public funds "may not be used to defend or reimburse the unlawful conduct." In
addition, the governmental entity could be fined up to $5 million.
The County Attorney's Office has completed a full review of existing County ordinances
and recommends that the Board re al the following ordinances in their entirety, all of which are
codified in Code of Laws and Ordinances under Chapter 94, Article 11I. Offenses Involving Public
Safety, Division 2. Firearms:
I Ordinance No. 70 -10, amended by Ordinance No. 80 -12 (Sec. 94 -61) "Possession of guns
prohibited on W.J. Janes Memorial Scenic Drive," prohibiting the possession or transport of
firearms, crossbows and bows and arrows on Janes Scenic Drive. This ordinance is derived from a
Special Act, as referenced below.
2. Ordinance No. 80 -24 (Sec. 94 -62) "Discharge of firearms, hunting, in subdivisions
generally, prohibiting the discharge of any firearm in or into any platted subdivision in the
county, except for certain portions of Golden Gate Estates.
3. Ordinance No. 79 -102, amended by Ordinance No. 80 -6 (Sec. 94-63) "Discharge of
firearms in Golden Gate Estates subdivision," prohibiting the discharge of any firearm (except in
certain circumstances a shotgun) within the urbanized portion of Golden Gates Estates, and
prohibiting the discharge of a shotgun within ' /a mile of any residence or occupied structure within
the unincorporated area.
4. Ordinance No. 76-,6 1, amended by Ordinances Nos. 77 -43 and 78 -25 (Sec. 94 -64)
"Discharge; of firearms prohibited in certain area," prohibiting the discharge of firearms in portions
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9/13/2011 Item 16.K.2.
of Golden Gate Estates and elsewhere, and requiring the posting of signs giving notice of this
prohibition,
5. Ordinance No. 82 -77 (Sec. 94 -65) "Discharge of firearms in South Florida Water
Management District," prohibiting the discharge of firearms, crossbows or bow and arrows within
the South Florida Water Management District right -of -way of the L -28 interceptor canal, and
requiring the posting of signs giving notice of this prohibition.
Additionally, it is recommended that the Board amend the following ordinances in order to
repeal any provisions relating to firearms:
1. With respect to County Airports, Ordinance No. 04 -03 (codified in Sec. 18 -51), repeal
Section 16, "Concealed weapons, concealed firearms," which generally prohibits carrying a
concealed firearm or weapon into a Collier County Airport, unless authorized by applicable law.
2. With respect to the State of Emergency, Ordinance 02 -50, as amended (codified in Sec. 38-
68), repeal the ability of the Chairman, upon a declaration of emergency, to suspend or limit the
sale, dispensing or transportation of firearms.
3. With respect to the Collier County Noise Control Ordinance, although state law does not
address the noise implications of the discharge of firearms, in light of House Bill 45, it is
recommended that the noise associated with the discharge of firearms be expressly exempted. .
Elsewhere in the Code of Laws and Ordinances of Collier County
Sec. 242 -2, entitled "Everglades Parkway; hunting and discharge of firearms prohibited,"
adopted by the Florida Legislature as a Special Act (Laws of Fla. Ch. 67 -892), prohibits hunting
and the discharge of any firearm on, from, across or within ' /a miles of Alligator Alley, in Broward
and Collier Counties. This Special Act appears to conflict with Florida Constitution Article III,
Section II(a)(19), which prohibits special laws relating to hunting or fresh water fishing, and
possibly Florida Statutes Sec. 790.33, whose policy is to create uniform firearms laws in the state.
It is recommended that this Special Act be referred to our Legislative Delegation with a request
that the Legislature review it for possible repeal. It is further recommended that Collier County
does not enforce this Special Act.
Chapter 246, Article III, entitled "Collier County Scenic Drive Parks," adopted by the
Florida Legislature as a Special Act (Laws of Fla. Ch. 61- 2041), prohibits hunting at all times in
Janes Scenic Highway, and prohibits firearms and bows during non- hunting season. It also
prohibits the destruction or taking of flora and fauna from the Park (which provision is' not at
issue). This Special Act appears to conflict with Florida Constitution Article III, Section I l (a)(19),
which prohibits special laws relating to hunting or fresh water fishing, and possibly Florida
Statutes Sec. 790.33, whose policy is to create uniform firearms laws in the state. It is
recommended that this Special Act be referred to our Legislative Delegation with a request that the
Legislature review it for possible partial repeal. It is further recommended that Collier County
does not enforce the hunting and firearms provisions of this Special Act.
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111"�.
9/13/2011 Item 16.K.2.
Land Development Code
There is no provision in the Land Development Code pertaining to firearms that needs to be
addressed, as one of the continuing exceptions to the express preemption by the State in this field
of regulation is that a local government may continue to enact zoning ordinances, which
encompass firearms businesses along with other businesses.
The Florida Legislature has sent a clear, specific, and strict legislative statement concerning
the expansion of its preemption in the field of the regulation of firearms and ammunition. The
regulation of firearms and ammunition is now fully and expressly preempted to the State, except as
expressly provided by general law. The Florida Legislature has also sent a clear message that there
will be significant personal financial consequences, not to mention the possibility of being
removed from office, should local government officials run afoul of Section 790.33, Florida
Statutes, as amended. In view of the above, the County Attorney believes that it is prudent for the
Board to amend or repeal the referenced provisions in the Collier County Code of Laws that
addresses firearms.
The proposed ordinances are attached for the Board's consideration. I have also attached a
copy of HB 45, the staff analysis of the bill, the two Special Acts referenced above, and general
informational materials dealing with Florida firearms laws. Lastly, please note that I am not
recommending any changes be made with respect to the existing security of the Administration
Building, which houses the BCC chambers as well as offices to a U.S. Senator and Congressmen.
FISCAL IMPACT: The cost of advertising the proposed ordinances is estimated to be $800.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote. JAK
RECOMMENDATION: That the Board of County Commissioners takes the following actions
in order to comply with Section 790.33, Florida Statutes, which preempts all such regulatory
powers to the State of Florida as of October 1, 2011:
1. Authorizes the County Attorney to advertise and bring back for future consideration the
attached ordinances repealing or amending the above- referenced Collier County ordinances
relating to the regulation of firearms and ammunition.
2. That following such future public hearing, that the Board (a) suspends enforcement of Sec.
242 -2, "Everglades Parkway; hunting and discharge of firearms prohibited," adopted by the
Florida Legislature as a Special Act (Laws of Fla. Ch. 67 -892) and directs staff to refer this Special
Act to our Legislative Delegation with a request that the Legislature review it for possible repeal,
and (b) suspends enforcement of Chapter 246, Article III, "Collier County Scenic Drive Parks,"
adopted by the Florida Legislature as a Special Act (Laws of Fla. Ch. 61- 2041) and directs staff to
refer this Special Act to our Legislative Delegation with a request that the Legislature review it for
possible partial repeal.
Prepared by Jeffrey A. Klatzkow, County Attorney
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9/13/2011 Item 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.x.2.
Item Summary: Request for authorization to advertise and bring back for future
consideration ordinances which repeal or amend certain Collier County ordinances relating to
the regulation of firearms and ammunition in order to comply with recent amendments to
Section 790.33, Florida Statutes, which preempts all such regulatory powers to the State of
Florida effective October 1,2011, and that following' such- future public hearing the Board
considers referring two Special Acts dealing with firearms to the legislative Delegation, with a,
request that the Legislature review them for possible repeal.
Meeting Date: 9/13/2011
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
8/17/2011 - 3:15:49 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
8/17/2011 3:15:50 PM
Approved. By
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/17/20114 :18 :03 PM
Name: GreenwaldRandy -
Title: Management/Budget Analyst,Office of Management & B
Date 8/18/201111:42-51 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/19/2011`3:35:57 PM
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9/13/2011 Item 16.x.2.
Name: OchsLeo
Title: County Manager
Date: 8/30/20119:35:58 AM
�1
9/13/2011 Item 16.K.2.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 70 -10,
AS AMENDED, ORDINANCE NO. 80 -24, ORDINANCE NO. 79 -102, AS
AMENDED, ORDINANCE NO. 76 -61, AS AMENDED, AND ORDINANCE
NO. 82 -77, ALL RELATING TO THE POSSESSION AND /OR
DISCHARGE OF FIREARMS, WHICH ARE CODIFIED IN CHAPTER 94,
ARTICLE III, DIVISION 2 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS
TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE
WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO
THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE OF OCTOBER 1, 2011.
WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House
Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and
n ammunition preempted," by expanding the Legislature's preemption in the field of regulation of
the firearms and ammunition and exacting severe penalties should an elected or appointed local
government official enact, or cause to be enforced, an ordinance or regulation relating to firearms
and ammunition. The effective date of the legislation is October 1, 2011; and
WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board
of County Commissioners desire to repeal Ordinance No. 70 -10, as amended, Ordinance No.
80 -24, Ordinance No. 79 -102, as amended, Ordinance No. 76 -61, as amended, and Ordinance No.
82 -77, all relating to the possession and /or discharge of firearms and ammunition, which are
codified in Chapter 94, Article III, Division 2 of the Collier County Code of Laws and Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: REPEAL OF ORDINANCE NO. 70 -10, AS AMENDED.
Ordinance No. 70 -10, codified as Sec. 94 -61 of the Collier County Code of Laws and
Ordinances, and all amendments thereto, is hereby repealed in its entirety.
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9/13/2011 Item 16.K.2.
SECTION TWO: REPEAL OF ORDINANCE NO. 80-24.
Ordinance No. 80 -24, codified as Sec. 94 -62 of the Collier County Code of Laws and
Ordinances, is hereby repealed in its entirety.
SECTION THREE: REPEAL OF ORDINANCE NO. 79-102, AS AMENDED.
Ordinance No. 79 -102, codified as Sec. 94 -63 of the Collier County Code of Laws and
Ordinances, and all amendments thereto, is hereby repealed in its entirety.
SECTION FOUR: REPEAL OF ORDINANCE NO. 76-61, AS AMENDED.
Ordinance No. 76 -61, codified as Sec. 94 -64 of the Collier County Code of Laws and
Ordinances, and all amendments thereto, is hereby repealed in its entirety.
SECTION FIVE: REPEAL OF ORDINANCE NO. 82-77.
Ordinance No. 82 -77, codified as Sec. 94 -65 of the Collier County Code of Laws and
Ordinances, is hereby repealed in its entirety.
n
SECTION SIX: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION EIGHT: EFFECTIVE DATE.
This Ordinance shall be effective on October 1, 2011.
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9/13/2011 Item 16.K.2.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
11-1*,
FRED W. COYLE, CHAIRMAN
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9/13/2011 Item 16.K.2.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 38, CIVIL
EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF
EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84 -37, AS
AMENDED, AMENDING SECTION 38 -68, AUTHORIZED EMERGENCY
MEASURES, BY DELETING THE RIGHT TO SUSPEND OR LIMIT THE
SALE OF FIREARMS DURING A STATE OF EMERGENCY, IN ORDER
TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA
STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS
AND AMMUNITION REGULATION TO THE STATE OF FLORIDA;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011.
WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House
Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and
ammunition preempted," by expanding the Legislature's preemption in the field of regulation of
the firearms and ammunition and exacting severe penalties should an elected or appointed local
government official enact, or cause to be enforced, an ordinance or regulation relating to firearms
and ammunition. The effective date of the legislation is October 1, 2011; and
WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board
of County Commissioners desire to amend Section 38 -68 of the Collier County Code of Laws and
Ordinances, by deleting the right to suspend or limit the transportation of firearms during a State of
Emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Article III. Declaration of State of Emergency, Section 38 -56, of the Code
of Laws and Ordinances of Collier County, Florida, is hereby amended as follows:
Section 38 -68. Authorized Emergency Measures.
In addition to any other powers conferred by law, upon the declaration of a state of
emergency pursuant to this article, the chairman, or vice - chairman in his or her absence, and in the
absence of the chairman and vice - chairman; the next County Commissioner in order of seniority, �
Underlined text is added; &reek- threuo text is deleted
Packet Page -3300-
9/13/2011 Item 16.K.2.
or if two or more were appointed on the same date, then in alphabetical order among them, and in
the absence of any Commissioner; the County Manager, in the absence of the County Manager; the
Clerk of Courts; and in the Clerk's absence; the Deputy County Manager, may order and
promulgate all or any of the following emergency measures to be effective during the period of
such emergency in whole or in part, and with such limitation and conditions as he may deem
appropriate to protect the health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages,
firearms, explosives, and combustibles.
(2) Establish curfews, including but not limited to the prohibition of or restrictions on
pedestrian and vehicular movement, standing and parking, except for the provision
of designated, essential services, such as fire, police, emergency medical services
and hospital services, including the transportation of patients, utility emergency
repairs and emergency calls by physicians.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
n applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance." may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective on October 1, 2011.
Underlined text is added; St-Fusle through text is deleted
Packet Page -3301-
9/13/2011 Item 16.K.2.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Underlined text is added; 94"ek-evto text is deleted
Packet Page -3302-
n
9/13/2011 Item 16.K.2.
�* ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03,
AS AMENDED, THE COLLIER COUNTY AIRPORT AUTHORITY
ORDINANCE, BY REPEALING SECTION 16 ENTITLED "CONCEALED
WEAPONS; CONCEALED FIREARMS," CODIFIED AS SECTION 18 -51
OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN
ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33,
FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF
FIREARMS AND AMMUNITION REGULATION TO THE STATE OF
FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF
OCTOBER 1, 2011.
WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House
Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and
ammunition preempted," by expanding the Legislature's preemption in the field of regulation of
the firearms and ammunition and exacting severe penalties should an elected or appointed local
government official enact, or cause to be enforced, an ordinance or regulation relating to firearms
and ammunition. The effective date of the legislation is October 1, 2011; and
WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board
of County Commissioners desires to amend Ordinance No. 2004 -03, as amended, The Collier
County Airport Authority Ordinance, by repealing Section 16 entitled "Concealed Weapons;
Concealed Firearms," codified as Section 18 -51 of the Collier County Code of Laws and
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO ORDINANCE NO. 2004-03, AS AMENDED.
Section Sixteen of Ordinance No. 2004 -03, as amended, entitled "Concealed Weapons;
Concealed Firearms," codified as Section 18 -51 of the Collier County Code of Laws and
Ordinances, is hereby repealed in its entirety.
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9/13/2011 Item 16.K.2.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective on October 1, 2011.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Packet Page -3304-
18-49
COLLIER COUNTY CODE
(c) Every violation of any such Board adopted
Rule and/or Regulation shall be a separate viola-
tion of this Ordinance. Also, every individual who,
while in the pretence of a law enforcement officer,
either refuses to immediately obey an oral order
(instruction) to leave the airport, or to move
his/her person to some other part of the airport, or
who is then committing any violation of any such
rule or regulation, or is committing a trespass
anywhere in any secured area of an airport, such
law enforcement officer may arrest the violator
without a warrant for any such violation(s), which
Authority to arrest without a warrant is autho-
rized by F.S. § 901.15(1).
(Ord. No. 04-03, § 14; Ord. No. 2010 -10, § 10)
Sec. 19-50. Trespass: anywhere at airport;
secured areas.
(a) It shall be a separate violation of this
article for any individual to refuse to immediately
and completely obey an oral order (instruction) to
leave the airport, or to move his/her person to
,some other area of the airport, if the order (in-
struction) is perponally communicated to the in-
dividual by the Airport Manager, or if the Airport
Manager is not then and there available, by any
employee who at such time and place has author-
ity to issue such an instruction.
(b) It is a separate violation of this article for
any individual to commit a trespass into (or
within) any secure area of any Collier County
Airport, provided signs are posted in conspicuous
areas and such signs give notice that unautho-
rized entry into the respective secured area con-
stitutes a trespass, and the signs specify the
means that are available for gaining authorized
access to the respective secure area. Each such
violation of this article shall subject each such
trespassing individual(s) to arrest by a law en-
forcement officer without a warrant, on or off of
the airport, as specified in F.S. § 901.15(15). The
Collier County Airport Authority is hereby autho-
rized to designate such secure area(s) as it deems
appropriate by posting appropriate signs. Each
such trespass in any secured area of an airport is
an independent violation of this article irrespec-
tive of application of any Airport Authority rule or
regulation.
`(Ord. No. 04 -03, § 15)
Supp. No. 27
9/13/2011 Item 16.K.2.
-ra c ckae.�
Sec. 1 8-51. Concealed weapons; concealed
firearms.
Any individual not then authorized by applica-
ble law to carry a concealed firearm or a concealed
weapon into the passenger terminal of the air-
port, or into any sterile area of any Collier County
Airport shall thereby violate this article and shall
violate F.S. § 790.06(12). The specified penalty for
such violation is not Iess than a misdemeanor of
the second degree, as specified in that statutory
subsection. "Sterile area" is defined in that Stat-
ute as "the area of the airport to which access is
controlled by the inspection of persons and prop-
erty in accordance with federally approved air-
port security programs ". However, provided such
action or possession is not then prohibited by
federal law, rule or regulation, that statutory
provision does not prevent an individual from
carrying any legal firearm into the airport termi-
nal provided each such firearm is then encased for
shipment for purposes of checking such firearm
as baggage to be lawfully transported on an
aircraft. No such "firearm or weapon" violation is
a violation of this article because this field of
regulation is wholly preempted to the State of
Florida by application of F.S. § 790.33.
(Ord. No. 04 -03, § 16)
Sec. 15 -52. Penalties; referrals within Col-
lier County Government.
(a) General penalties; continuing violations. In
this article the phase 'violation of this article"
means any of the following:
(1) Doing an act that is prohibited or made or
declared unlawful, or an offense, or a
misdemeanor by ordinance, or by rule or
regulation authorized by any Collier
County Ordinance.
(2) Failure to perform an act that is required
to be performed by any Collier County
Ordinance, or by rule or regulation autho-
rized by any Collier County Ordinance.
(3) Failure to perform any act if the failure is
declared a misdemeanor or an offense, or
otherwise unlawful or a violation by any
Collier County Ordinance, or by any rule
or regulation authorized by Collier County
Ordinance.
CD18:10
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9/13/2011 Item 16.x.2.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90 -17, AS
AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY
AMENDING SECTION SEVEN, EXEMPTIONS, CODIFIED AS SECTION
54 -87 OF THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR AN
EXEMPTION OF NOISE ASSOCIATED WITH THE DISCHARGE OF
FIREARMS IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION
790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF
FIREARMS AND AMMUNITION REGULATION TO THE STATE OF
FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF
OCTOBER 1, 2011.
WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House Bill
45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and
ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the
firearms and ammunition and exacting severe penalties should an elected or appointed local
government official enact, or cause to be enforced, an ordinance or regulation relating to firearms and
ammunition. The effective date of the legislation is October 1, 2011; and
WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of
County Commissioners desires to amend Ordinance No. 90 -17, as amended, The Collier County
Noise Control Ordinance, by amending Section Seven, Exemptions, codified as Section 54 -87 of the
Collier County Code of Laws and Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Ordinance No. 90 -17, as previously amended, is hereby amended further by
adding the following subsection S to Section Seven:
SECTION SEVEN. EXEMPTIONS.
The following uses and activities shall be permitted under this Ordinance and are exempt from
the Sound Level limits set forth in subsection 6.13.
n
S Noise associated with the discharge of firearms.
Underlined text is added; Stra& kreagh text is deleted
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9/13/2011 Item 16.K.2.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any
other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective on October 1, 2011.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Underlined text is added; tr � g text is deleted
Packet Page -3307-
—Y
OFFENSES AND MISCELLANEOUS PROVISIONS
Sec. 242 -1. Reserved.
Editor's note —Laws of Florida, ch. 94 -482, § 2, approved
May 13, 1994, repealed § 242 -1, which pertained to county
roadirights -of -way; discharge of firearms prohibited. See the
Code Comparative Table.
Sec. 242 -2. Everglades Parkway; hunting
and discharge of firearms prohib-
ited; penalty.
(a) It shall be unlawful for any person to hunt
any wild animal or bird or to discharge or cause to
be discharged any firearm on, from, across or with-
in one -half mile on either side of the Everglades
Parkway, commonly known as Alligator Alley, in
Broward and Collier Counties.
(b) This section shall not apply to any person
hunting or discharging firearms on the home-
stead of such person situated within one -half mile
of the parkway, nor to any law enforcement officer
acting in the discharge of his duties.
(c) This section shall not be construed as re-
pealing any other acts pertaining to game preser-
vation or the protection of game within the area
defined in subsection (a) of this section, but shall
be additional to and cumulative with such acts.
(d) Any person who shall violate the provisions
of this section shall be deemed guilty of a misde-
meanor and upon conviction shall be fined not
more than $500.00 or imprisoned not more than
six months, or both.
(e) The provisions of this section may be en-
forced by the duly authorized conservation agents
of the game and freshwater fish commission un-
der the powers granted them by F.S. § 372.07.
(f) If any part of this section or its application
to any person or circumstance shall be held in-
Supp. No. 1
9/13/2011 Item 16.K.2.
§ 242 -2 - 'N
valid or unconstitutional such holding shall not
affect any other part of the section or its applica-
tion to any other person or circumstance.
(Laws of Fla. ch. 67 -892, § 1)
Editor's note —The specific penalty provided for in the
above section is unconstitutional and unenforceable as a spe-
cial act may not prescribe punishment for crime. See Fla. Coast.
Art. III, § 11. However, as this section. makes a violation a
misdemeanor, such violation is punishable as a misdemeanor
of the second degree. See F.S. §§ 775.08- 775.083; Delmonico
v. State, 155 So. 2d 368 (Fla. 1963); Lynch v. Durrance, 77 So.
2d 489 (Fla. 1955); Jannett v Windham, 109 Fla. 129, 147 So.
296 (1933); reh. denied, 109 Fla. 129, 153 So. 784, acrd. 290
U.S. 602.
Cross references - Animals, ch. 210; roads and bridges,
ch. 254.
State law references — Special laws and general laws of
local application pertaining to hunting or fishing prohibited,
Fla. Const. art. III, § 11(aX19); discharging firearms in public,
F.S. § 790.15; local regulation of firearms, F.S. § 790.33.
SA242:3
Packet Page -3308-
PARKS AND RECREATION
thing except to the extent expressly au-
thorized by permit issued by the State of
Florida or an agency thereof.
(Laws of Fla. ch. 89 -449, § 3; Laws of Fla. ch.
97 -347, § 3; Laws of Fla. ch. 98 -483, § 1; Laws of
Fla. ch. 99 -487, § 1)
Sec. 246 -29. Enforcement.
A citation issued by a county park enforcement
officer (park ranger) under the provisions of this
Act shall be in a form prescribed by the board of
county commissioners. Such citations shall state
the date and time of issuance, name and address
of the person in violation, the date of the viola-
tion, description ofthe violation, the Collier County
Ordinance and section violated, name of the citing
county park enforcement officer (park ranger),
and a date and time at which the violator shall
appear before the Collier County Code Enforce-
ment Special Master. The violator may elect a
nonmandatory appearance and pay the fine as
prescribed by county ordinance.
(Laws of Fla. ch. 89 -449, § 4; Laws of Fla. ch.
97 -347, § 4; Laws of Fla. ch. 2006 -337, § 1)
See. 246 -30. Restrictions.
Nothing herein contained shall be construed to
authorize or permit any person designated as a
county park enforcement officer (park ranger)
pursuant to this article to perform any function or
duties of a law enforcement officer other than as
specified herein. County park enforcement offic-
ers (park rangers) designated pursuant to this
article shall not make physical arrests or take any
person into custody and shall be exempt from the
requirements relating to the state high - hazard
retirement program and police standards and
training commission as defined by F.S. §§ 122.34
and 943.11- 943.25.
(Laws of Fla. ch. 89 -449, § 5)
Secs. 246 -31- 246 -50. Reserved.
ARTICLE III. COLLIER COUNTY SCENIC
DRIVE PARKS
Sec. 246 -51. Created.
(a) There is hereby created in Collier County,
the Collier County Scenic Drive Park. The loca-
tion of said park will be as described in subsection
(b).
9/13/2011 Item 16.K.2.
§ 246 -53
(b) The geographical limits of said Collier
County Scenic Drive Park are:
The right -of -way of 100 feet in width along the
so- called "Main Line" of the logging railroad
used by the Lee Tidewater Cypress Company
from 1943 through 1957, less and except that
portion of said right -of -way lying and being in
Sections 4, 5, 9,10,14,15, 23, 25, 26, 35, and 36
in Township 50 South, Range 28 East, Collier
County, Florida.
(Laws of Fla. ch. 61 -2041, §§ 1, 6)
Sec. 246 -52. Weapons restricted; hunting
prohibited; enforcement.
No hunting will be permitted within said park
at any time. No firearms, bows and arrows or
other weapons will be permitted within the park
during any time of a closed hunting season as set
by the game and freshwater fish commission.
During the open hunting season, all hunters
passing through the park must have their guns
unloaded. If the weapons, including hunting bows,
are capable of being broken down, the same must
be broken down and stored with other camp
equipment or within case provided for such weapon.
Any sheriff, deputy sheriff, wild life officer or
other properly designated official shall have the
right to stop any vehicle or hunter found within
the confines of said park and make a search to see
that the above provisions are being complied
with.
(Laws of Fla. ch. 61 -2041, § 2)
Cross references — Animals, ch. 210; offenses and miscel-
laneous provisions, ch. 242.
State law references — Special laws and general laws of
local application pertaining to hunting or fishing prohibited,
Fla. Const. art. III, § 11(aX19); discharging firearms in public,
F.S. § 790.15; local regulation of firearms, F.S. § 796.33.
Sec. 246 -53. Destroying, cutting of flora and
fauna prohibited.
No person at any time may remove, cut, de-
stroy, uproot or take away any flora or fauna from
the confines of said park, including but not lim-
ited to orchids, air plants, palms, trees, shrubbery
or any type of live animal.
(Laws of Fla. ch. 61 -2041, § 3)
State law reference — Special laws and general laws of
local application pertaining to hunting or fishing prohibited,
Fla. Const. art. III, § 11(aX19).
Supp. No. 24 SA246:5
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9/13/2011 Item 16.K.2.
F L O R I D A H 0 U S E O F R E P R E S E N T A T I V E S
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ENROLLED
CS /CS /CS /HB 45, Engrossed 1
2011 Legislature
A bill to be entitled
An act relating to the regulation of firearms and
ammunition; amending s. 790.33, F.S.; clarifying and
reorganizing provisions that preempt to the state the
entire field of regulation of firearms; prohibiting the
knowing and willful violation of the Legislature's
occupation of the whole field of regulation of firearms
and ammunition by the enactment or causation of
enforcement of any local ordinance or administrative rule
or regulation; providing additional intent of the section;
eliminating provisions authorizing counties to adopt an
ordinance requiring a waiting period between the purchase
and delivery of a handgun; providing injunctive relief
from the enforcement of an invalid ordinance, regulation,
or rule; providing a civil penalty for knowing and willful
violation of prohibitions; providing that public funds may
not be used to defend or reimburse the unlawful conduct of
any person charged with a knowing and willful violation of
the act; providing for termination of employment or
contract or removal from office of a person acting in an
official capacity who knowingly and willfully violates any
provision of the act; providing for declaratory and
injunctive relief for specified persons or organizations;
providing for specified damages and interest; providing
exceptions to prohibitions of the section; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Page 1 of 7
CODING; Words stFicken are deletions; words underlined are additions.
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9/13/2011 Item 16.K.2.
F L O R I DA H O U S E O F R E P R E S E N T A T I V E S
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38
39
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44
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52
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ENROLLED
CS /CS /CS /HB 45, Engrossed 1 2011 Legislature
Section 1. Section 790.33, Florida Statutes, is amended to
read:
790.33 Field of regulation of firearms and ammunition
preempted.—
(1) PREEMPTION.— Except as expressly provided by the State
Constitution or general law, the Legislature hereby declares
that it is occupying the whole field of regulation of firearms
and ammunition, including the purchase, sale, transfer,
taxation, manufacture, ownership, possession, storage, and
transportation thereof, to the exclusion of all existing and
future county, city, town, or municipal ordinances or a!Y
administrative regulations or rules adopted by local or state
government relating thereto. Any such existing ordinances,
rules, or regulations are hereby declared null and void. Tl=i�:s
4:rec 'Yiiira— rra- s•3-3ies- S-Gs —c3• eng 6fii t�1 ether- b t 3s i n ess r?s , ? en i ft g
er-dinane= e Leh —ai-e— elegy -:� g n e d f eic t h e e—e f- e s `- =- i- r "' " e-
pEehibitiRg the sale, }w ase ,t=,nsfewer zftanu-faetur -e-e€
firea;effts —er ; t; en as — a ffiethe4 of regula-t F= -- - ----- --
�rcair'ccirs cs9i3ZCre in e anflie t-- aaTi`iit-lcmss'- fibseetierr -aiiei
pe:eied- e ainanee EegtiE±ng a- a i- g— perr±eE -ef up -te, but net
eaeese i, 3— wer- king Eiays between lche ptti=eiiase and delivery —ef a•
handgun. peE puE-peses of this subseet-ien,"pure4as : rfteana
patent -e€ eiepesit, payarrent in full, er netif�6eat4:en of intee
Page 2 of 7
CODING: Words stFisken are deletions; words underlined are additions.
hb0045 -05-er
Packet Page -3311-
F L O R I D A H 0 U S E O F
ENROLLED
CS /CS /CS /HB 45, Engrossed 1
9/13/2011 Item 16.K.2.
R E P R E S E N T A T I V E S
2011 Legislature
57
58 -
59
60
61 anel Ee$trietiens eentalneEi in this idbseet
62 (b) Gr- Eiifianeee— abitheEieeEi ]... this is ,s et shall ,
� aYY Y
63 to all sales of h:anekj ns to na; ,.,.., s by retail
64
65 stbaeetien. FeF— piarFeses of this a-bibeeetre , Urreta4n_
66 estalglishffieFRean-s a —gun shep,
67 5hep, haLcdbaa-e ateFe, etelpar-tineRt Sterre -e1is etint steEe,- bait er-
68 taekle ohep, eF any etheE ster-e eL= sheg that .. ffe 1 .,ndE , fei-
J
69 wtalk - --Win r- etai:srale- bttelees net ine3eele Eju e , ,,eter-s ,.hews eE
70 .
71 - (e)— ;pr-Ei�nanees authemeed by this suseetien sl:�a1l ft
72 regt±Ee any -Fep e Eta s g o f set 4 f� eatl e n- t e-- any setrr- e e -e u t- -ef•Eie -fie
73 F havielgian sales fftust 6e
74 a ai al5le- f er- if�spee:t�i en -Elerris-g -n e rfftal bidsi -ryes- h eia s, ]By afry
75 1 ate- -es-f e r- e emen= ag esey as Eief } n eei i Zz-e . 934.92.
76 (6) The- fellewieg s4all bee mempt- freffi any waiting per-4:eEk
eeneeaIeel
78 fj:
.Eear-Fa5 t o ei e r- -t h—jqr- e v i l een s--e € G :799.96 es whe are ,,
79 ze ear -e e n eea l eei f irreaEfRs ark
80 la. .,e ,.he lzie;:-- a -va!�A 14:eer =se,
81 2. —InEil 4:etrals whe al:i-eaely laiffbilly ' f
82 anEi whe -1shew a sales - rzeeei:pt fe^'" -anet he f =r'euaLaF ,, whe ar
83 t- ewn anet-her- flrreaL -Ltii -edgh a- r-4-ef pti ehase i effi the retail
84 es-t�1 i-si:kmen t ,, er- wee -liava etheL- f i r- esr -f er toad e- =
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3. -, law - -en f e ri-effi en t —e f ee=r eE`tte n a l ei f i e el' as ie€ i n e•ei 4:n
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threat has been eialyEepeFteel to leeat -law endereeFaent.
(2)-4-3-)- POLICY AND INTENT.-
(a) It is the intent of this section to provide uniform
firearms laws in the state; to declare all ordinances and
regulations null and void which have been enacted by any
jurisdictions other than state and federal, which regulate
firearms, ammunition, or components thereof; to prohibit the
enactment of any future ordinances or regulations relating to
firearms, ammunition, or components thereof unless specifically
authorized by this section or general law; and to require local
jurisdictions to enforce state firearms laws.
(b) It is further the intent of this section to deter and
prevent the violation of this section and the violation of
rights protected under the constitution and laws of this state
related to firearms, ammunition, or components thereof, by the
abuse of official authority that occurs when enactments are
passed in violation of state law or under color of local or
state authority.
(3) PROHIBITIONS; PENALTIES. -
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113 (a) Any person, county, agency, municipality, district, or
114 other entity that violates the Legislature's occupation of the
115 whole field of regulation of firearms and ammunition, as
116 declared in subsection (1), by enacting or causing to be
117 enforced any local ordinance or administrative rule or
118 regulation impinging upon such exclusive occupation of the field
119 shall be liable as set forth herein.
120 (b) If any county, city, town, or other local government
121 violates this section, the court shall declare the improper
122 ordinance, regulation, or rule invalid and issue a permanent
123 injunction against the local government prohibiting it from
124 enforcing such ordinance, regulation, or rule. It is no defense
125 that in enacting the ordinance, regulation, or rule the local
126 government was acting in good faith or upon advice of counsel.
127 (c) If the court determines that a violation was knowing
128 and willful, the court shall assess a civil fine of up to $5,000
129 against the elected or appointed local government official or
130 officials or administrative agency head under whose jurisdiction
131 the violation occurred.
132 (d) Except as required by applicable law, public funds ma
133 not be used to defend or reimburse the unlawful conduct of any
134 person found to have knowingly and willfully violated this
135 section.
136 (e) A knowing and willful violation of any provision of
137 this section by a person acting in an official capacity for any
138 entity enacting or causing to be enforced a local ordinance or
139 administrative rule or regulation prohibited under paragraph (a)
140 or otherwise under color of law shall be cause for termination
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of employment or contract or removal from office by the
(f) A person or an organization whose membership is
adversely affected by any ordinance, regulation, measure,
directive, rule, enactment, order, or policy promulgated or
caused to be enforced in violation of this section may file suit
against any county, agency, municipality, district, or other
entity in any court of this state having jurisdiction over any
defendant to the suit for declaratory and injunctive relief and
for actual damages, as limited herein, caused by the violation.
A court shall award the prevailing plaintiff in any such suit:
1. Reasonable attorney's fees and costs in accordance with
the laws of this state, including a contingency fee multiplier,
as authorized by law; and
2. The actual damages incurred, but not more than
$100,000.
Interest on the sums awarded pursuant to this subsection shall
accrue at the legal rate from the date on which suit was filed.
(4) EXCEPTIONS. —This section does not prohibit:
(a) Zoning ordinances that encompass firearms businesses
along with other businesses, except that zoning ordinances that
are designed for the purpose of restricting or prohibiting the
sale, purchase, transfer, or manufacture of firearms or
ammunition as a method of regulating firearms or ammunition are
in conflict with this subsection and are prohibited;
(b) A duly organized law enforcement agency from enacting
and enforcing regulations pertaining to firearms, ammunition, or
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169 firearm accessories issued to or used by peace officers in the
170 course of their official duties;
171 (c) Except as provided in s. 790.251, any entity subject
172 to the prohibitions of this section from regulating or
173 prohibiting the carrying of firearms and ammunition by an
174 employee of the entity during and in the course of the
175 employee's official duties;
176 (d) A court or administrative law judge from hearing and
177 resolving any case or controversy or issuing any opinion or
178 order on a matter within the jurisdiction of that court or
179 judge; or
180 (e) The Florida Fish and Wildlife Conservation Commission
181 from regulating the use of firearms or ammunition as a method of
182 taking wildlife and regulating the shooting ranges managed by
183 the commission.
184 (5) -Hb?- SHORT TITLE. -As created by chapter 87 -23, Laws of
185 Florida, this section ehmil be known aned may be cited as the
186 "Joe Carlucci Uniform Firearms Act."
187 Section 2. This act shall take effect October 1, 2011.
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FINAL BILL ANALYSIS
BILL #: CS /CS /CS /HB 45
SPONSOR: Rep. Gaetz
FINAL HOUSE FLOOR ACTION:
85 Y's 33 N's
GOVERNOR'S ACTION: Approved
COMPANION BILLS: CS /CS /CS /S13 402
SUMMARY ANALYSIS
CS /CS /CS /H13 45 passed the House on April 26, 2011, and subsequently passed the Senate on April
28, 2011. The bill was approved by the Governor on June 2, 2011, chapter 2011 -109, Laws of Florida,
and becomes effective October 1, 2011.
Section 790.33, F.S., currently preempts local governments from regulating firearms and ammunition
unless expressly authorized to do so by general law. Subsection (2) of the statute provides such
express authorization by giving counties the authority to adopt an ordinance requiring a waiting period
of up to three working days between the purchase and delivery of a handgun.
The bill removes the statutory language that authorizes counties to adopt an ordinance requiring a
waiting period of up to three working days between the purchase and delivery of a handgun (counties
still have the authority, pursuant to Art. Vill, Section 5(b) of the Florida Constitution to require a criminal
history records check and a 3 to 5 -day waiting period in connection with the sale of any firearm
occurring within such county). The bill replaces this provision with language prohibiting specified local
governmental entities from regulating or attempting to regulate firearms or ammunition in any manner
(except as specifically authorized by s. 790.33, F.S., by general law, or by the Florida Constitution) and
provides exceptions to this prohibition.
The bill sets forth various penalties for violating s. 790.33, F.S., including provisions that:
• Require the court to declare ordinances, regulations, or rules that violate s. 790.33, F.S.,
invalid and issue a permanent injunction against the local government from enforcing
such ordinance, regulation, or rule. It is not a defense that, in enacting the ordinance,
regulation or rule, the local government was acting in good faith or upon advice of
counsel;
• Require the court to assess a civil fine of up to $5,000 against the elected or appointed
local government official or administrative agency head under whose jurisdiction a
violation occurred if the court determines that a violation was knowing and willful;
• Specify that a knowing and willful violation of the statute by a person acting in an official
capacity is cause for immediate termination of employment; and
• Authorize a person or organization whose membership is adversely affected by any
ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated
or enforced in violation of the statute to file suit for declaratory and injunctive relief and
for all actual damages attributable to the violation.
The damages and attorney's fees which may be awarded to prevailing plaintiffs could have a negative
fiscal impact on state and local governmental entities who willfully violate the statute.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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1. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Current Situation
9/13/2011 Item 16.K.2.
Preemption
Section 790.33, F.S., known as the Joe Carlucci Uniform Firearms Act, became law in 19871
and expressly preempts the field of regulation of firearms and ammunition to the state, except
as expressly provided by general law.' The intent of the act states:
It is the intent of this section to provide uniform firearms laws in the state;
to declare all ordinances and regulations null and void which have been
enacted by any jurisdictions other than state and federal, which regulate
firearms, ammunition, or components thereof; to prohibit the enactment of
any future ordinances or regulations relating to firearms, ammunition, or
components thereof unless specifically authorized by this section or
general law; and to require local jurisdictions to enforce state firearms
laws.'
Local governments may use their home rule powers to enact ordinances not inconsistent with
general law.' Local governments may legislate concurrently with the Legislature on any subject
that has not been expressly preempted to the state.-5 Florida law recognizes both express and
implied preemption, and express preemption must be made through a specific legislative
statement, using clear language.' A municipality may not forbid what the Legislature has
expressly authorized, nor may it authorize what the Legislature has expressly forbidden.' The
Legislature has preempted regulation of numerous areas of law to the state, including operation
of the state lottery,' use of electronic communication devices in motor vehicles,9 and interdistrict
transfers of groundwater.1° In cases determining the validity of ordinances enacted in the face
of state preemption, the effect has been to find such ordinances null and void."
In 2000, the City of South Miami passed City Ordinance Number 14 -00 -1716, which
required locking devices on firearms stored within the city. In 2002, Florida's Third
District Court of Appeal held the ordinance null and void, stating that local governments
were preempted from regulating firearms by section 790.33, F.S.'2 Despite the express
preemption stated in section 790.33, F.S., and the court's decision in the City of South
Miami case, local governments have regulated or considered regulating firearms in a
variety of ways, including measures that would prohibit concealed carry permit holders
Chapter 87 -23, L.O.F.
1 Section 790.33, F.S.
3 Section 790.33(3), F.S.
4 Art. VIII, s. I(f, g), Fla. Const.; see also Sarasota v. Browning, 28 So.3d 880, 885 -86 (Fla. 2010).
5 City of Hollywood v. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006).
6 Sarasota, 28 So.3d at 886.
7 Rinzler v. Carson, 262 So.2d 661, 668 (Fla. 1972).
8 Section 24.122, F.S.
9 Section 316.0075, F.S.
10 Section 373.2295(10), F.S.
11 See, e.g., Nat'l Rii le,4ss'n af,4m., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
12 Id �1
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from lawfully carrying their firearms on municipal or county property13 or ban high -
capacity ammunition clips.14
Section 790.33(1), F.S., preempts local governments from regulating firearms and ammunition
unless expressly authorized to do so by general law. The statute specifies that regulation
includes the purchase, sale, transfer, taxation, manufacture, ownership, possession, and
transportation of firearms and ammunition. The statute does not currently specify that the
storage of firearms is included within the term "regulation."
Exceptions to Preemption
Florida law and the Florida Constitution contain exceptions to the general rule that
firearm regulation is preempted to the state. Currently, Section 790.33, F.S., contains a
limited exception allowing local governments to enact ordinances governing a three -day
handgun purchase waiting period.ls The following are exempt from waiting period
ordinances under the Joe Carlucci Act:
• Individuals who are licensed to carry concealed firearms under the provisions of
s. 790.06, F.S., or who are licensed to carry concealed firearms under any other
provision of state law and who show a valid license;
• Individuals who already lawfully own another firearm and who show a sales
receipt for another firearm, who are known to own another firearm through a prior
purchase from the retail establishment, or who have another firearm for trade -in;
• Law enforcement or correctional officers as defined in s. 943. 10, F.S.;
• Law enforcement agencies as defined in s. 934.02, F.S.;
• Sales or transactions between dealers or between distributors or between
n dealers and distributors who have current federal firearms licenses; or
• Any individual who has been threatened or whose family has been threatened
with death or bodily injury, provided the individual may lawfully possess a firearm
and provided such threat has been duly reported to local law enforcement.
Adopted in 1998, Article VIII, s. 5(b) of the Florida Constitution authorizes counties to
require a criminal records check and a 3 to 5 -day waiting period in connection with the
sale16 of any firearm occurring within such county," Section 790.0655, F.S. adopted the
exceptions from the waiting period for concealed weapons permit holders and handgun
trade -ins as required by the 1998 amendment to the Constitution. The Constitution
prevails over all local ordinances. Because the Joe Carlucci Act predates the
Constitutional provision, and the exemptions listed in the Act were not specified in the
Constitution, the exemptions are null and void.
" Lee County Ordinance 06 -26 banned firearms from county parks. On October 26, 2010, the county passed ordinance 10-
41 which repealed the 2006 ban.
14 Palm Beach County considered an ordinance banning high capacity ammunition clips, but rescinded from consideration
because of the preemption. Andy Reid, PBC Gun Control Advocates Suffer More Setbacks, SUNSENTINEL.coM, Feb. 15,
2011, http : / /www.palmbeachpost.conVnews /palm- beach - county- commissioner - presses -for- ban- on- I216890.htm1.
15 Section 790.33(2), F.S. (1988). Note: At the time of enactment in 1987, the Act provided the exception for a 48 -hour
waiting period.
16 The term "sale" is defined as "the transfer of money or other valuable consideration for any firearm when any part of the
transaction is conducted on property to which the public has the right of access." Art. VIII, s. 5(b), Fla. Const.
17 Concealed weapons permit holders do not have to comply with the waiting periods when purchasing a firearm. Art. VIII,
n s. 5(b), Fla. Const.
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Immunity for Legislative Acts
The general rule under the common law is that legislators enjoy absolute immunity from
liability for performance of legislative acts.18 Absolute immunity for legislators has
historically been recognized as a "venerable tradition" which has withstood the
development of the law since pre - colonial days.19 Courts have upheld absolute immunity
for legislators at all levels of law- making, including federal, state, and local government
levels.20 The courts' reasoning behind such holdings is that when legislators hold
legislative powers, they use them for the public good, and are exempt from liability for
mistaken use of their legislative powers.21 Furthermore, courts fear that allowing
personal liability could distort legislative discretion, undermine the public good by
interfering with the rights of the people to representation, tax the time and energy of
frequently part-time citizen - legislators, and deter service in local govemment22
When unlawful ordinances have been enacted, the freedom from personal liability does
not make the legislative product itself valid.23 In such instances, affected citizens have
been able to challenge the validity of such ordinances by suing to have them declared
invalid or have a court enjoin enforcement. 24
Courts have found that legislators may be subject to personal liability when they lack
discretion.25 Such situations typically exist when legislators are subject to an affirmative
duty, such as when a law or court order has directed them to levy a tax. Such acts are
labeled "ministerial," as opposed to "legislative," acts. 16 Arguably, an express and clear
preemption would remove discretion from local government officials seeking to engage
in lawmaking in the preempted field.
Liens on Municipal Property in Satisfaction of Judgments
Section 55.11, F.S., states that "[n ]o money judgment or decree against a municipal
corporation is a lien on its property nor shall any execution or any writ in the nature of an
execution based on the judgment or decree be issued or levied." In other words, while a
party may be awarded money damages in a suit against a municipality, municipal
property may not be subject to a lien to satisfy such an award in the absence of express
statutory authorization .27 In the absence of such authorization, a writ of mandamus is
"the only vehicle for enforcing judgment against the government. "28 Thus, the
Legislature may authorize the satisfaction of an award of damages by seizure of
municipal property.
18 See Tenney v. Brandhove, 341 U.S. 367 (1951).
19 Bogan v. Scott- Harris, 523 U.S. 44 (1998). For additional examples of where absolute immunity of legislative acts has
been recognized, see Harlow v. Fitzgerald, 457 U.S. 800 (1982); Lake Country Estates v. Tahoe Regional Planning Agency,
440 U.S. 391 (1979); Hough v. Amato, 269 So.2d 537 (Fla. 1st DCA 1972); Jones v. Loving, 55 Miss. 109 (1877); Ross v.
Gonzales, 29 S.W.2d 437 (Tex. Ct. App. 1930).
20 Bogan, 523 U.S. 44.
21 Id at 50 -51 (citing Jones v. Loving, 55 Miss. 109).
22 Id. at 52.
23 Tenney v. Brandhove, 341 U.S. at 379.
24 See, e.g., Bogan, 523 U.S. 44; Lake Country Estates v. Tahoe Regional Planning Agency, 440 U.S. 391 (1979); Tenney,
341 U.S. 367.
" Bogan, 523 U.S. at 51 -52.
26 See id.
27 See Berek v. Metro. Dade County, 396 So.2d 756, 759 n.4 (Fla. 3d DCA 1981).
28 N. Coats v. Metro. Dade County, 588 So.2d 1016, 1017 (Fla. 3d DCA 1991).
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Effect of the Bill
I ntent
The bill preserves current language that the intent of the Legislature is to occupy the whole field
of regulation of firearms and ammunition except as expressly provided by general law, or as
provided by the Florida Constitution. The bill adds the following legislative intent language to s.
790.33, F.S.:
It is further the intent of this section to deter and prevent the violation of
this section and the violation of rights protected under the constitution and
laws of this state related to firearms, ammunition, or components thereof,
by the abuse of official authority that occurs when enactments are
knowingly passed in violation of state law or under color of local or state
authority.
Clarification of Preemption
In order to clarify the preemption, the bill adds additional details about the methods by
which local governments or agencies may violate the preemption. The bill amends s.
790.33(1), F.S., to expand the preemption of regulation to also include the storage of
firearms and ammunition. Thus, unless expressly authorized by the Constitution or
general law, local governments will be preempted from regulating how firearms and
ammunition are stored.
In subsection (4) of s. 790.33, F.S., as created by the bill, a provision excepting certain
zoning ordinances in the original Carlucci Act has been relocated and other exceptions
to the prohibitions are set forth in the bill. Specifically, the bill does not prohibit:
• Zoning ordinances that encompass firearms businesses along with other
businesses (zoning ordinances that are designed for the purpose of restricting or
prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition
as a method of regulating firearms or ammunition are prohibited);
• Law enforcement agencies from enacting and enforcing firearm- related
regulations within their agencies;
• The entities subject to the bill's prohibitions from regulating or prohibiting
employees from carrying firearms or ammunition during the course of their official
duties, except as provided in s. 790.251, F.S.;
• A court or administrative law judge from resolving a case or issuing an order or
opinion on any matter within the court or judge's jurisdiction; or
• The Florida Fish and Wildlife Conservation Commission from regulating the use
of firearms or ammunition as a method of taking wildlife and regulating the
shooting ranges managed by the Commission.
The bill strikes subsection (2) of 790.33, which is the section regarding waiting periods
and waiting period exemptions. Because these sections of the Joe Carlucci Act predate
the relevant language in the Constitution and 790.0655, F.S., striking this language
clarifies current state law.
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Penalties
The bill prohibits a person, county, agency, municipality, district, or other entity from
enacting or causing to be enforced local ordinances or administrative rules or regulations
that violate the preemption statute and provides penalties.
If any county, city, town, or other local government violates the above prohibition, the bill
requires the court to declare the improper ordinance, regulation, or rule invalid and issue
a permanent injunction against the local government from enforcing such ordinance,
regulation, or rule. It is not a defense that, in enacting the ordinance, regulation or rule,
the local government was acting in good faith or upon advice of counsel.
The bill also requires the court to assess a civil fine of up to $5,000 against the elected
or appointed local government official or administrative agency head under whose
jurisdiction a violation occurred if the court determines that a violation was knowing and
willful. Except as required by law, public funds may not be used to defend or reimburse
the unlawful conduct of any person found to have knowingly and willfully violated the
preemption statute.
The bill provides that a knowing and willful violation by a person acting in an official
capacity for any entity enacting or causing to be enforced a local ordinance or
administrative rule or regulation shall be grounds for termination of employment or
contract or removal from office by the Governor.
The bill also allows for civil actions. A person or organization whose membership is
adversely affected by any ordinance, regulation, measure, directive, rule, enactment,
order, or policy promulgated or caused to be enforced in violation of the preemption
statute may sue any county, agency, municipality, district or other entity for declaratory
and injunctive relief and for all actual damages caused by the violation. In such suits,
courts shall award the prevailing plaintiff:
• Reasonable attorneys fees and costs, in accordance with the laws of the state,
including a contingency fee multiplier as authorized by law; and
• The actual damages incurred, but not more than $100,000.
The bill provides that interest on awarded sums will accrue at the legal rate from the date
of which suit was filed.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See "Fiscal Comments."
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See "Fiscal Comments."
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The damages and attorney's fees which may be awarded to prevailing plaintiffs could have a
negative fiscal impact on state and local governmental entities who willfully violate the statute.
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Florida Attorney General
Advisory Legal Opinion
Number: AGO 2009 -24
Date: May 27, 2009
Subject: City council member carrying firearm in council meeting
Mr. Matt E. Dannheisser
Gulf Breeze City Attorney
504 North Baylen Street
Pensacola, Florida 32501
RE: MUNICIPALITIES - FIREARMS - CONCEALED WEAPONS - MEETINGS -
whether city council meeting is "place of business" in which
city council member can carry firearm. so. 790.06 and 790.25,
Fla. Stat.
Dear Mr. Dannheisser:
As City Attorney for the City of Gulf Breeze and on behalf of 110�
Councilman Joseph B. Henderson, a member of the Gulf Breeze City
Council, you have asked for my opinion on substantially the
following question:
Notwithstanding the provisions of section 790.06(12), Florida
Statutes, may a member of a municipal city council who holds a
concealed weapons license carry a concealed weapon during city
council meetings pursuant to the "place of business" exception
set forth in section 790.25(3)(n), Florida Statutes?
In sum:
It is my opinion that a member of a municipal city council may
not carry a weapon or firearm during a city council meeting
pursuant to the "place of business" exception set forth in
section 790.25(3)(n), Florida Statutes. Further, it is
irrelevant to resolution of this question that the city council
member possesses a concealed weapons license as section 790.06,
Florida Statutes, clearly prohibits the carrying of concealed
weapons into any meeting of the governing body of a
municipality.
According to your letter, a council member on the City Council
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of the City of Gulf Breeze holds a concealed weapons license
issued pursuant to section 790.06, Florida Statutes. This
council member is aware of the prohibition set forth in section
790.06(12), Florida Statutes, prohibiting any person from
carrying a weapon or firearm into any meeting of the governing
body of a county, public school district, municipality, or
special district. However, section 790.25(3)(n), Florida
Statutes, provides that it is lawful for a person to possess
firearms at "his or her home or place of business" and the
council member has asked whether he may lawfully carry his
firearm into city council meetings.
You advise that regular meetings of the Gulf Breeze City Council
occur on the first and third Mondays of each month. An executive
session of the City Council, at which time matters to be
considered during the council's regular meetings are discussed,
but no final or official action is taken, are held on the
Wednesday preceding each regular meeting. In addition, there are
occasional special meetings of the Gulf Breeze City Council as
well as workshop meetings at which members of the City Council
are expected to attend. Moreover, certain members of the City
Council are ex officio members of standing boards or committees
established by ordinance. The membership on those boards or
committees will generally rotate among council members. Council
members receive only nominal compensation for their service on
the Gulf Breeze City Council and are reimbursed for certain
expenses incurred in connection with the performance of their
duties.
Section 790.25, Florida Statutes, describes the lawful
ownership, possession, and use of firearms and other weapons.
The Legislature has stated its intent for adopting these
provisions:
"The Legislature finds as a matter of public policy and fact
that it is necessary to promote firearms safety and to curb and
prevent the use of firearms and other weapons in crime and by
incompetent persons without prohibiting the lawful use in
defense of life, home, and property, and the use by United
States or state military organizations, and as otherwise now
authorized by law, including the right to use and own firearms
for target practice and marksmanship on target practice ranges
or other lawful places, and lawful hunting and other lawful
purposes." [1]
In recognition of this policy, the Legislature has set forth a
number of lawful uses of firearms and other weapons, ammunition,
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and supplies in subsection (3) of the statute. The statute
provides that sections 790.053 (making it unlawful to openly
carry a firearm) and 790.06 (making it illegal to carry a
concealed weapon or firearm without a license) do not apply in
the enumerated instances and that it is lawful for the specified
persons to own, possess, and use firearms for lawful purposes
including the general authorization to possess firearms at home
or at work. [2]
However, despite the general language elsewhere in the statutes,
section 790.06(12), Florida Statutes, provides that "[n]o
license issued pursuant to this section shall authorize any
person to carry a concealed weapon or firearm into . . . any
meeting of the governing body of a county, public school
district, municipality, or special district[.]" Thus, while the
Gulf Breeze City Council member may be licensed to carry a
concealed weapon, this license is irrelevant to the issue of
whether a city council member may carry his or her weapon into a
city council meeting as the absolute prohibition expressed in
section 790.06(12), Florida Statutes, would overcome any more
general authorization expressed elsewhere in Chapter 790,
Florida Statutes.[3)
Thus, it is my opinion that section 790.06(12), Florida
Statutes, prohibits a member of a municipal city council from
carrying a concealed weapon or firearm during a city council
meeting.
Sincerely,
Bill McCollum
Attorney General
Packet Page -3326-
NRA /ILA
Firearms LaWSfor
A SYNOPSIS OF STATE LAWS ON PURCHASE,
POSSESSION AND CARRYING OF FIREARMS.
QUICK REFERENCE CHART
STATE CONsTrrU"TiONAL PRO'V'ISION
"(a) The right of the people to keep and bear arms in defense of themselves
and of the lawful authority of the state shall not be infringed, except that
the manner of bearing arms may be regulated by law. (b) There shall be
a mandatory period of three days, excluding weekends and legal holidays,
between the purchase and delivery at retail of any handgun. For the purposes
of this section, "purchase" means the transfer of money or other valuable
consideration to the retailer, and "handgun" means a firearm capable of
being carried and used by one hand, such as a pistol or revolver. Holders of
a concealed weapon permit as prescribed in Florida law shall not be subject
to the provisions of this paragraph. (c) ... anyone violating the provisions of
subsection (b) shall be guilty of a felony. (d) This restriction shall not apply
to a trade in of another handgun." Article 1, Section 8.
The legislature of the State of Florida, in a declaration of policy
incorporated in its "Weapons and Firearms" statute, recognizes chat adult
citizens of the state retain their constitutional right to keep and bear firearms
for hunting and sporting activities and for defense of self, family, home, and
business and as collectibles.
PURCHASE AND POSSESSION
No state permit is required to possess or purchase a rifle, shotgun or
handgun.
It is unlawful for any convicted felon to have in his or her care, custody,
control, or possession anv firearm or to carry a concealed weapon unless his
civil rights have been restored.
It is unlawful for the following persons to own, possess or use any
firearm: drug addicts, alcoholics, mental incompetents, and vagrants.
A person may not have in his or her care, custody, possession, or control
any firearm or ammunition if the person has been issued a final injunction
that is currently in force and effect, restraining that person from commicring
acts of domestic violence.
It is unlawful to sell, give, barter, lend or transfer a firearm or other
weapon other than an ordinary pocketknife to a minor less than the age of
18 without his parent's permission, or to any person of unsound mind.
It is unlawful for any dealer to sell or transfer any firearm, pistol,
Springfield rifle or other repeating rifle to a minor.
A minor less than 18 years of age may not possess a firearm, other than
an unloaded firearm at his home, unless engaged in lawful activities.
No licensed gun dealer, manufacturer or importer shall sell or deliver
any firearm to another person until he has obtained a completed form from
the potential buyer or transferee and received approval from the Department
of Law Enforcement by means of a toll -free telephone call. The Department
of Law Enforcement shall destroy records of approval and non - approval
9/13/2011 Item 16.K.2.
Compiled by:
NRA - Institute for Legislarive Action
11250 Wapks Mill Road
Fairfav, Virginia 22030
(800) 392 -8683
www, nraila.org
within 48 hours after its response. The fee for the instant check shall be
$8.00. Exempt from the instant check are licensed dealers, manufacturers,
importers, collectors, persons with a concealed carrying license, law
enforcement, correctional and correctional probation officers.
Excluding weekends and legal holidays. there is a three -day waiting
period to purchase a handgun from a retail establishment. Exempt from the
waiting period are concealed weapons permit holders and those trading in
another handgun.
CARRYING
Unless covered under the exceptions, it is unlawful to openly carry on
or about the person any firearm, or to carry a concealed firearm on or about
the person without a license.
Exceptions:
I. Persons having firearms at their home or place of business.
2 Enrolled members of clubs organized for target, skeet, or trapshooting,
while at, or going to or from shooting practice.
3. Members of clubs organized for collecting antique or modern firearms
while at or going to or from exhibitions.
4. Persons engaged in fishing, camping or hunting and while going to or
from such activity.
5. Persons engaged in target shooting under safe conditions and in a safe
place or while going to or from such place.
6. Persons who are firing weapons for target practice in a safe and secure
indoor range.
7. Persons traveling by private conveyance if the weapon is securely
encased, or in a public conveyance if the weapon is securely encased and not
in the person's manual possession.
8. Persons carrying a pistol unloaded and in a secure wrapper from place
of purchase to their home or to a place of repair and back.
9. Persons engaged in the business of manufacturing, repairing or dealing
in firearms.
10. Military, law enforcement personnel and private guards while so
employed.
It is lawful to possess a concealed firearm for self - defense or other lawful
purposes within the interior of a private conveyance, without a license,
if the firearm is securely encased or is otherwise not readily accessible for
immediate use. A firearm other than a handgun may be carried anywhere
in a private conveyance when such firearm is being carried for a lawful use.
This exemption does not authorize the carrying of a firearm concealed on
the person. Employers may not prohibit their employees who are properly
licensed under Florida law to carry a handgun, from storing any legally
owned firearm inside a locked, privately -owned motor vehicle that is lawfully
present in a parking lot maintained by the employer.
An application for a license to carry a handgun concealed is made to the
Department of Agriculture. The license is valid for seven years and is honored
throughout the state. The application shall be completed, under oath, on a
form promulgated by the Department of Agriculture and shall include the
applicant's name, address, place and date of birth, race, and occupation.
The initial license fee is not to exceed $85 plus the cost of processing the
fingerprint card. The renewal fee is not to exceed $70 (fingerprint card is not
required on renewal licenses), However, at the discretion of the Department
of Agriculture, the fees may be lower than the statutory cap.
Packet Page -3327-
I{ifles and
Shotguns
Handguns
Permit to Purchase
No
No
Registration of Firearms
No
No
Licensing of Owners
No
No
Permit to Carry
No
Yes
STATE CONsTrrU"TiONAL PRO'V'ISION
"(a) The right of the people to keep and bear arms in defense of themselves
and of the lawful authority of the state shall not be infringed, except that
the manner of bearing arms may be regulated by law. (b) There shall be
a mandatory period of three days, excluding weekends and legal holidays,
between the purchase and delivery at retail of any handgun. For the purposes
of this section, "purchase" means the transfer of money or other valuable
consideration to the retailer, and "handgun" means a firearm capable of
being carried and used by one hand, such as a pistol or revolver. Holders of
a concealed weapon permit as prescribed in Florida law shall not be subject
to the provisions of this paragraph. (c) ... anyone violating the provisions of
subsection (b) shall be guilty of a felony. (d) This restriction shall not apply
to a trade in of another handgun." Article 1, Section 8.
The legislature of the State of Florida, in a declaration of policy
incorporated in its "Weapons and Firearms" statute, recognizes chat adult
citizens of the state retain their constitutional right to keep and bear firearms
for hunting and sporting activities and for defense of self, family, home, and
business and as collectibles.
PURCHASE AND POSSESSION
No state permit is required to possess or purchase a rifle, shotgun or
handgun.
It is unlawful for any convicted felon to have in his or her care, custody,
control, or possession anv firearm or to carry a concealed weapon unless his
civil rights have been restored.
It is unlawful for the following persons to own, possess or use any
firearm: drug addicts, alcoholics, mental incompetents, and vagrants.
A person may not have in his or her care, custody, possession, or control
any firearm or ammunition if the person has been issued a final injunction
that is currently in force and effect, restraining that person from commicring
acts of domestic violence.
It is unlawful to sell, give, barter, lend or transfer a firearm or other
weapon other than an ordinary pocketknife to a minor less than the age of
18 without his parent's permission, or to any person of unsound mind.
It is unlawful for any dealer to sell or transfer any firearm, pistol,
Springfield rifle or other repeating rifle to a minor.
A minor less than 18 years of age may not possess a firearm, other than
an unloaded firearm at his home, unless engaged in lawful activities.
No licensed gun dealer, manufacturer or importer shall sell or deliver
any firearm to another person until he has obtained a completed form from
the potential buyer or transferee and received approval from the Department
of Law Enforcement by means of a toll -free telephone call. The Department
of Law Enforcement shall destroy records of approval and non - approval
9/13/2011 Item 16.K.2.
Compiled by:
NRA - Institute for Legislarive Action
11250 Wapks Mill Road
Fairfav, Virginia 22030
(800) 392 -8683
www, nraila.org
within 48 hours after its response. The fee for the instant check shall be
$8.00. Exempt from the instant check are licensed dealers, manufacturers,
importers, collectors, persons with a concealed carrying license, law
enforcement, correctional and correctional probation officers.
Excluding weekends and legal holidays. there is a three -day waiting
period to purchase a handgun from a retail establishment. Exempt from the
waiting period are concealed weapons permit holders and those trading in
another handgun.
CARRYING
Unless covered under the exceptions, it is unlawful to openly carry on
or about the person any firearm, or to carry a concealed firearm on or about
the person without a license.
Exceptions:
I. Persons having firearms at their home or place of business.
2 Enrolled members of clubs organized for target, skeet, or trapshooting,
while at, or going to or from shooting practice.
3. Members of clubs organized for collecting antique or modern firearms
while at or going to or from exhibitions.
4. Persons engaged in fishing, camping or hunting and while going to or
from such activity.
5. Persons engaged in target shooting under safe conditions and in a safe
place or while going to or from such place.
6. Persons who are firing weapons for target practice in a safe and secure
indoor range.
7. Persons traveling by private conveyance if the weapon is securely
encased, or in a public conveyance if the weapon is securely encased and not
in the person's manual possession.
8. Persons carrying a pistol unloaded and in a secure wrapper from place
of purchase to their home or to a place of repair and back.
9. Persons engaged in the business of manufacturing, repairing or dealing
in firearms.
10. Military, law enforcement personnel and private guards while so
employed.
It is lawful to possess a concealed firearm for self - defense or other lawful
purposes within the interior of a private conveyance, without a license,
if the firearm is securely encased or is otherwise not readily accessible for
immediate use. A firearm other than a handgun may be carried anywhere
in a private conveyance when such firearm is being carried for a lawful use.
This exemption does not authorize the carrying of a firearm concealed on
the person. Employers may not prohibit their employees who are properly
licensed under Florida law to carry a handgun, from storing any legally
owned firearm inside a locked, privately -owned motor vehicle that is lawfully
present in a parking lot maintained by the employer.
An application for a license to carry a handgun concealed is made to the
Department of Agriculture. The license is valid for seven years and is honored
throughout the state. The application shall be completed, under oath, on a
form promulgated by the Department of Agriculture and shall include the
applicant's name, address, place and date of birth, race, and occupation.
The initial license fee is not to exceed $85 plus the cost of processing the
fingerprint card. The renewal fee is not to exceed $70 (fingerprint card is not
required on renewal licenses), However, at the discretion of the Department
of Agriculture, the fees may be lower than the statutory cap.
Packet Page -3327-
Fingerprinting must be conducted by a law enforcement agency of the
state. The sheriff's office shall provide fingerprinting service to the applicant
and may charge a fee not to exceed $5.
The Department of Agriculture shall issue a license if the applicant:
(a) is at least 21 and a resident of the United States;
(b) does not suffer from a physical infirmity which prevents the safe handling
of a firearm;
(c) is not a convicted felon;
(d) has not within a three -year period preceding submission of the application
been convicted of a crime of violence or committed for drug abuse or been
convicted of a minor drug offense;
(e) has not been adjudicated guilty even with a suspended sentence for a
felony or misdemeanor crime of domestic violence, unless three years has
elapsed since probation or the record is sealed or expunged;
(f)is not currently under any injunction restraining the applicant from acts of
domestic violence or repeated acts of violence;
(g) has not been adjudicated an incapacitated person, unless he has waited
five years from the date of his court - ordered restoration to capacity, or
been committed to a mental institution, unless he possesses a psychiatrist's
certificate that he has not suffered from the disability for five years;
(h) is not a chronic or habitual drunkard;
W demonstrates competence with a firearm by a variety of means; and
(j) states that he desires a legal means to carry a concealed weapon or firearm
for lawful self - defense.
A license shall not authorize any person to carry a concealed weapon
or firearm into any place of nuisance, police station, detention facility,
courthouse, polling place, meeting of any state, county, municipal, or special
district governing body, any school, any professional or school athletic event
not related to firearms, portion of an establishment licensed to dispense
alcoholic beverages for consumption on the prernises, inside the sterile and
passenger area of an airport, or any place where the carrying of firearms is
prohibited by federal law.
The Department of Agriculture must be notified within 30 days of
changing a permanent address, destruction or losing a license. A duplicate
license costs $15.00. A person must carry his license together with valid
identification, such as a driver's license.
The licensing law shall be liberally construed to carry out the
Constitutional right to bear arms for self- defense.
A resident of the United States who is a nonresident of Florida, may
carry a concealed weapon or concealed firearm while in this state if that
person is 21 years of age or older, has in his or her immediate possession
a valid Iicense to carry a concealed weapon or firearm issued by the state
of their residence, and abides by the Florida laws on carrying a concealed
weapon or firearm.
ANTIQUES AND REPLICAS
Unless used in the commission of a crime, the tern firearm shall not
include an antique firearm. An antique firearm is any firearm manufactured
in or before 1918 (including any matchlock, flintlock, percussion cap, or
similar early type of ignition system) or replicas thereof, whether actually
manufactured before or after the year 1918, and also any firearm using fixed
ammunition manufactured in or before 1918, for which ammunition is no
longer manufactured in the United States and is not readily available in the
ordinary channels of commercial trade.
MACHINE GUNS
The possession of a machine gun, defined as any firearm which shoots,
or is designed to shoot, automatically, more than one shot without manually
reloading, by a single function of the trigger, is prohibited unless lawfully
owned and possessed under provisions of federal law.
9/13/2011 Item 16.K.2.
meet force with force, including deadly force, if you reasonably believe it is
necessary to prevent death or great bodily harm to yourself or others.
Use of a firearm. BB gun, air or gas - operated guns, or electric weapons
or devices by a minor under the age of 16 is prohibited unless the minor is
under the supervision and in the presence of an adult who is acting with the
consent of the minor's parent.
Florida has mandatory sentence enhancements for any serious felony,
such as murder, rape, aggravated assault, burglary or robbery, committed
with a firearm. The penalty is increased if a machine gun or a semiautomatic
firearm with magazine capacity of more than 20 centerfire cartridges is
possessed during a serious felony or narcotics offense.
It is unlawful to knowingly discharge a firearm in any public place,
or on the right of way of any paved public road, highway or street or over
any road, highway, street or occupied building, except in defense of life or
property, in performance of official duties or where expressly approved for
hunting.
Except during the hunting season as established by law, it is unlawful to
carry a firearm within the limit% of a national Forest area. Fxempt are persons
who have obtained a special permit by the county commissioners or persons
traveling on state roads when the firearm is securely locked within a vehicle.
It is unlawful to have or carry a firearm in the presence of one or more
persons and exhibit the firearm in a rude, careless, angry, or threatening
manners, except in cases of self - defense.
The state legislature has preempted the regulation of firearms and
ammunition. No political subdivision of the state may bring legal action
against a firearms or ammunition manufacturer or distributor for the legal
manufacture, marketing, distribution, and sale of firearms and ammunition.
Owners, operators, and users of sport shooting ranges have limited
liability for the accumulation of any projectiles on their range.
It is unlawful to sell, deliver, or use to assist in the commission of a
crime arty bullet, which has a steel inner core, or core of equivalent hardness
and truncated cone and which is designed for use in a handgun as an armor -
piercing bullet.
It is unlawful to store or leave a firearm in any place within reach or easy
access of a person less than 18 years of age. This provision does not apply
to:
1. A firearm stored in a securely locked box or container, or in a location
which a reasonable person would have believed to be secure, or securely
locked with a trigger lock;
2. A minor who obtains •a firearm by means of unlawful entry by any
person;
3. Minors engaged in a lawful marksmanship competition or practice or
ocher lawful recreational shooting activity;
4. Any person carrying the firearm on his or her body or within such close
proximity thereto that he or she can retrieve and use it as easily and quickly
as if he or she carried it on his or her body.
Whoever, through culpable negligence, stores or leaves a loaded firearm
within the reach or easy access of a minor less than 16 years of age commits
a fclmry of the third degree, if the minor obtains the firearm and uses it to
inflict injury or death upon himself or herself or any other person. This
subsection does nor apply:
1. If the firearm was stored or left in a securely locked box or container or in
a location which a reasonable person would have believed to be secure, or was
securely locked with a trigger lock;
2. If the minor obtains the firearm as a result of an unlawful entry by any
person;
3. 'Tb injuries resulting from target or sport shooting accidents or hunting
accidents; or
4. To members of the Armed Forces, National Guard, or State Militia, or to
police or other law enforcement officers, with respect to firearm possession
by a minor which occurs during or incidental to the performance of their
official duties.
MISCELLANEOUS Source: FLA. SI,Kl' ANN. % 784.05; 790.001; 790.01; 790.15; 790.53;
790.06; 790.065; 790.655; 790.07; 790.10: 790.11; 790.15; 790.16;
Under Florida law, there is no "duty to retreat" if you are attacked in any 790.17; 790.174; 790.175; 790.18; 790.19; 790.22; 790.221; 790.233;
place you have a lawful right to be. Instead, you may stand your ground and 790.235; 790.33; 790.331; and 790.333
Packet Page -3328-
Gun laws in Florida - Wikipedia, the free encyclopedia 9/13/2011 Item 16.K.2.
�. Gun laws in Florida
From Wikipedia, the free encyclopedia
Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of
Florida in the United States.
Florida is a "shall issue" state, and issues concealed carry permits to both residents and non - residents.
Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-
resident individual is a resident of the other state and is at least 21 years old.l'l
Contents
■
1 Overview
■
2 Vehicle Carry
■
3 Open Carry
■
4 Regulations
■
5 Castle Doctrine
j ■
6 Firearm Sales
■
7 See also
■
8 References
Overview
- -_ - -- - - - --..... ------ - _ _... .._.._..__ .... - -. - _ _ ..._ .... _ ._.__
Subject/Law ;Long Handguns Relevant Statutes
. _ .. - - - -- -
Notes j
guns
State Permit to No
No
None
'Purchase?
Firearm No
registration?
No
None
"Assault No
weapon" law?
-- - _ -- ------------
No
None
...... .. _
Owner license 'No
No
None
required?
Concealed
Carry permits 'No
Chapter 790.06 (http: / /www.flsenate.gov /Statutes / index.cfm?
'carry only;
no open carry
issued?
Yes
, App_ mode = Display_ Statute &Search_String = &URL= 0700 -
allowed, {
0799/0790 /Sections /0790.06.htmi)
even with
permit
State
Preemption of
Chapter 790.33 (http: / /www.flsenate.gov /Statutes /index.cfm?
j
Yes
Yes
App_ mode = Display_ Statute& Search _String= &URL -0700-
(local
restrictions?
1
0799 /0790 /Sections /0790.33.html)
NFA weapons Na
No
None
^,
restricted?
Peaceable No
Journey laws? ;
No
None
Federal rules
; observed.
http : / /en.wikipedia.org /w /index.php ?title= CPacket Page +3329_a &printable =yes 8/15/2011
Gun laws in Florida - Wikipedia, the free encyclopedia 9/13/2011 Item 16.K.2.
Vehicle Carry
Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm
is concealed if the firearm is "securely encased ". "Securely encased" means in a glove compartment,
whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case;
or in a closed box or container which requires a lid or cover to be opened for access. 121 (Note: this legal
condition is not the same as "encased securely. ") VehicIe carry without a permit is permitted when
concealed even if it is not "securely encased" if the firearm is not "readily accessible ". Vehicle carry on
one's person inside a vehicle without a permit is not allowed.
Open Carry
Open carry when on foot in a public area is generally not permitted, but is allowed in certain
circumstances, as defined in Florida statute 790.25(3). For example, open carry is permitted while
hunting, fishing, or camping, or while target shooting, or while going to or from such activities.l31 When
hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife
Conservation Commission or Division of Forestry, open carry is also permitted.
State preemption laws prohibit localities from regulating firearms, other than with regards to zoning
laws (i.e., for restricting where gun sellers may locate their businesses.)
Regulations
Firearm regulations are uniform throughout the state, and a carry permit is valid throughout the state, in
all areas other than in a few specially- defined areas. These specially - defined prohibited areas include:
• in or around specially- marked buildings /grounds (notably, mental hospitals and any hospitals
with provisions to treat mental illness, where concealed carry is a felony even with a permit
(F.S. 394.458). F.S 394.458 does state concealed carry is prohibited "unless authorized by
law ". Since F.S. 790.06(12) does not prohibit concealed carry in hospitals that treat mental
illness by permit holders, it can be inferred that concealed carry with a permit is allowed.
Caution is advised since there currently is no case law. In other words, no case has been
referred to a Grand Jury nor has any person been tried for violating the law. One Florida
resident was arrested but the charges were subsequently dropped after their attorney
successfully argued the permit holder was excepted. Be advised each county's prosecutor may
have a different opinion.
• any place of nuisance 790.25(2)b3 & 823.05
• Sheriff s Office,
• Police Station,
• Jail,
• Prison,
• Courthouse,
• Polling Place,
• any Governmental Judicial meeting,
• any school or college,
• lounges,
• bars,
• airports,
• professional athletic event, and
Packet Page _3330
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11 N
Gun laws in Florida - Wikipedia, the free encyclopedia
■ any federal buildings or property.
Castle Doctrine
9/13/2011 Item 16.K.2.
As of October 1, 2005, Florida became a "Stand- your - ground" state. The Florida law is a self - defense,
self - protection law. It has four key components:
1. It establishes that law- abiding residents and visitors may legally presume the threat of bodily harm
or death from anyone who breaks into a residence or occupied vehicle and may use defensive
force, including deadly force, against the intruder.
2. In any other place where a person "has a right to be," that person has "no duty to retreat" if
attacked and may "meet force with force, including deadly force if he or she reasonably believes it
is necessary to do so to prevent death or great bodily harm to himself or herself or another to
prevent the commission of a forcible felony."
3. In either case, a person using any force permitted by the law is immune from criminal prosecution
or civil action and cannot be arrested unless a law enforcement agency determines there is
probable cause that the force used was unlawful.
4. If a civil action is brought and the court finds the defendant to be immune based on the parameters
of the law, the defendant will be awarded all costs of defense.
As of July 1, 2008, Florida became a "Take your gun to work" state (F. S. 790.251). A new statewide
Florida law went into effect on this date prohibiting most businesses from firing any employee with a
Concealed Weapon License for keeping a legal firearm locked in their vehicle in the company parking
lot. The purpose of the new law is to allow CWL holders to exercise their Second Amendment rights
during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include school property,
correctional institutions, property where a nuclear- powered electricity generation facility is located,
property upon which substantial activities involving national defense, aerospace, or homeland security
are conducted, property upon which the primary business conducted is the manufacture, use, storage, or
transportation of combustible or explosive materials, a motor vehicle owned /leased/rented by your
employer, and any other property upon which possession of a firearm is prohibited pursuant to any
federal law, contract with a federal government entity, or general law of Florida. A case was filed
against Walt Disney World Resort by Edwin Sotomayor, a former Disney security guard who was fired,
despite having a CWL, for having a firearm locked in his car on July 1, in violation of Disney's pre-
existing and strict no weapons allowed policy. The case was later dropped by the plaintiff citing
personal and financial reasons. Disney claims that they are exempt from the new state law, on the basis
of their having a fireworks license for conducting nightly fireworks shows at Disney World. 141151
Firearm Sales
Florida law allows private firearm sales between residents without requiring any processing through an
FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a
buyer to purchase a gun at a gun show from another private individual without any delay, but in practice,
this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked.
Currently, Florida's Concealed Weapon License is one of the most widely- recognized, state - issued
concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty-five
different states, while the non - resident Florida Concealed Weapon License is recognized in thirty states.
�. [61
Packet Page -3331 -
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Gun laws in Florida - Wikipedia, the free encyclopedia 9/13/2011 Item 16.K.2.
See also
■ Gun laws in the United States (by state)
References
1. ^ Florida Statutes, Chapter 790: Weapons and Firearms (http: / /www.flsenate.gov /Statutes /index.cfm?
App_ mode= Display_Statute &URL= 0700 - 0799 / 0790 /0790ContentsIndex. html & StatuteYear =2010 &Title =%
2D %3E2010 %2D %3 EChapter%20790)
2. ^ Florida Statutes, Chapter 790.001(17): Weapons and Firearms
(http: / /www.flsenate.gov /Statutes/ index .cfm ?App_mode= Display_Statute &Search String=&URL=0700-
0799 /0790 /Sections /0790.001.html)
3. ^ Florida Crimes Code Section 790.25 at Law and Legal Research
(http://Iaw.oneele.com/florida/crimesngo.25.htm])
4. ^ "Walt Disney World Fires Back on Guns at Work ", Orlando Sentinel, July 3, 2008
(http: / /www.orlandosentinel. com / business/ orl- disneyguns03O8ju ]03,0,197883.story)
5. ^ "After Protesting Gun Rule, Disney Guard is Fired ", Orlando Sentinel, July 8, 2008
(http: / /www.orlandosentinel. com / business /orl- disneygun08O8ju108,0,3 963293.story)
6. ^ Florida Department of Agriculture and Consumer Services - Division of Licensing
(http://licgweb.doacs.state.fl.us/news/concealed — carry.htm 1)
Retrieved from "http: / /en.wikipedia.org /wiki /Gun_ laws_in_Florida"
Categories: Florida law I United States firearms law
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