Agenda 09/27/2011 Item #17E912712011 Item 17.E.
EXECUTIVE S~Y
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Recommendation to (1) adopt four ordinances which repeal or amend certain Collier County
ordinances relating to the regulation of firearms aadammunition in order to comply with
recent amendments to Section 790.33, Florida Statates, which preempts all such regulatory
powers to the State of Florida effective October 1,.2011, and (2) direct staff to refer two
Sp,ecial Acts dealing with firearms to the Legislative Delegation, with a request that the
Legislature review them for possiblerepeaI.
O~C'fIVE: To comply with recent State legislative amendments to Section 790.33, Florida
Statutes, wm,ch 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 I, 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Florida counties have already repealed their firearms regulations, including Charlotte County,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, S1. Johns County, and Indian River County, with others in the process of repealing
their firearm regulations.
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Historv 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:
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Except as. expressly provided by the State Constitution or generaIlaw, 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 any administrative reglllations or
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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.
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The County Attorney's Office has completed a full review of existing County ordinances
and recommends that the Board repeal the following ordinances in their entirety, all of which are
codified in Code of Laws and Ordinances under Chapter 94, Article Ill. 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. lanes Memorial Scenic Drive," prohibiting the possession or transport of
fireanTIs, crossbows and bows and arrows on lanes 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 lf4 mile of any residence or occupied structure within
the unincorporated area.
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4. Ordinance No. 76-61, 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
of Golden Gate Estates and elsewhere, and requiring the posting of signs giving notice of this
prohibition.
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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.
') 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 Y2 miles of Alligator Alley, in Broward ----
and Collier Counties. This Special Act appears to conflict with Florida Constitution Article III,
Section 11 (a)(l9). 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 lll, 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 prohi.bits fireanns 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 11 (a)(l9),
which prohibits special laws relating to hunting or fresh water fishing, and possibly Florida
Statutes Sec. 790.33, whose policy is to create uniform fireanns 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.
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.
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9/27/2011 Item 17.E.
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.
I have also attached a copy of HB 45, the staff analysis of the bill, the two Special Acts
referenced above, and general infonnational 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 Board of County Commissioners Chambers as
well as offices to a U.S. Senator and Congressmen.
At its September 13,20] I meeting, the Board authorized the County Attorney to advertise
the proposed ordinances for future consideration.
FISCAL IMP ACT: The cost to advertise the proposed ordinances is approximately $400.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
...-, majority vote. - JAK
RECOMMENDA TION: 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] , 20] ]:
I. Adopts the attached ordinances repealing or amending the above-referenced Collier County
ordinances relating to the regulation of firearms and ammunition.
,., (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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9/27/2011 Item 17.E.
COLLIER COUNTY
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Board of County Commissioners
Item Number: 17.E.
Item Summary: Recommendation to (1) adopt four 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 (2) direct staff to
refer two Special Acts dealing with firearms to the Legislative Delegation, with a request that
the Legislature review them for possible repeal.
Meeting Date: 9/27/2011
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
9/16/2011 8:15:07 AM
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Submitted by
Title: County Attorney,
Name: KlatzkowJeff
9/16/20118:15:08 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/19/20114:01:45 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/20/2011 9:42:07 AM
Name: GreenwaldRandy
Title: ManagementlBudget Analyst,Office of Management & B
Date: 9/20/2011 9:44:34 AM
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9/27/2011 Item 17.E.
.-.. Name: OchsLeo
Title: County Manager
Date: 9/20/2011 10:53:38 AM
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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 20 II 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 frrearms
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.
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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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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"()1, 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.
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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. Ifany 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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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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9/27/2011 Item 17.E.
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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.
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WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House
Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of fireanns and
ammunition preempted," by expanding the Legislature's preemption in the field of regulation of
the flreanns 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 frreanns
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 offireanns during a State of
Emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECfION ONE: Article Ill. 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,
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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 be 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,
fJ:feftllBs, 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
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
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9/27/2011 Item 17.E.
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 ASSOCI A TED 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.
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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
fireanns 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.B.
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S. Noise associated with the discharge of firearms.
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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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this _day of , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
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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 LA WS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF
OCTOBER 1,2011.
WHEREAS, during the 201] Legislative Session, the Florida Legislature adopted House
Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of fireanns 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 I, 2011; and
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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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SECflON 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2011.
ArrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
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9/27/2011 Item 17.E.
To 'Pc.. ~de.-~
~ 18-49
COLLIER COUNTY CODE
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(c) Every violation of any such Board adopted
Rule andlorRegulation shall be a separate viola-
tion of this Ordinance. Also, every individual who,
while in the prej;ence 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. S 901.15(1).
(Ord. No. 04-03, S 14; Ord. No. 2010-10, S 10)
Sec. 18-50. 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 hislher person to
some other area of the airport, if the order (in-
struction) is per~nally 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. 9 901.15(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, S 15)
Supp. No. 27
See. 18-51. Concealed weapons; concealed
xtrearms.
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. 9 790.06(12). The specified penalty for
such violation -is not less 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. g 790.33.
(Ord. No. 04-03, g 16)
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Sec. 18-52. 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:my
Collier County Ordinance, or by any rule
or regulation authorized by Collier County
Ordinance.
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9/27/2011 Item 17.E.
OFFENSES AND MISCELLANEOUS PROVISIONS
Sec. 242-1. Reserved.
Editor's DOte-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 diS"charging 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
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g 242-2
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 Dote-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. Canst.
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. ~ 775.0~775.083; 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, affd. 290
U.S. 602.
Cross refereDce~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, ~ 1l(aX19); discharging firearms in public,
F.S. ~ 790.15; local regulation offtrearms, F.B. ~ 790.33.
9/27/2011 Item 17.E.
PARKS AND RECREATION
~ 246-53
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thing except to the extent expressly au-
thorized by permit issued by the State of
Florida or an agency thereof.
(aws of Fla. ch. 89-449, g 3; Laws of Fla. ch.
97-347,93; Laws of Fla. ch. 98-483, S l;Laws of
Fla. ch. 99-487, 9 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 of the 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, 2 4; Laws of Fla. ch.
97-347,94; Laws of Fla. ch. 2006-337, 2 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 pwsuant 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. 99 122.34
and 943.11-943.25.
(Laws of Fla. ch. 89-449, 2 5)
Sees. 246-31-246-50. Reserved.
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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).
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(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 Thwnship 50 South, Range 28 East, Collier
County, Florida.
(Laws of Fla. ch. 61-2041, ~2 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. lithe 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 s..top any vehicle or hunter found within
the confines of said park ~d make a search to see
that the above provisions are being complied
with.
(Laws of Fla. ch. 61-2041, 2 2)
Cross references-Animals, ch. 210; offenses and miscel-
laneous provisions, ch. 242.
State law references-Speciallaws and general laws of
local application pertaining to hunting or fishing prohibited,
Fla. Const. art. III, ~ 1l(aX19); discharging fireamisin public,
F.S. ~ 790.15; local regulation of firearms, F.S. ~ 790.33.
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).
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9/27/2011 Item 17.E.
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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:
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29
30 Section 1. Section 790.33, Florida Statutes, is amended to
31 read:
32 790.33 Field of regulation of firearms and ammunition
33 preempted..-
34 (1) PREEMPTION.-Except as expressly provided by the State
35 Constitution or general law, the Legislature hereby declares
36 that it is occupying the whole field of regulation of firearms
37 and ammunition, including the purchase, sale, transfer,
38 taxation, manufacture, ownership, possession, storage, and
39 transportation thereof, to the exclusion of all existing and
40 future county, city, town, or municipal ordinances or any
41 administrative regulations or rules adopted by local or state
42 government relating thereto. Any such existing ordinancesL
43 rules, or regulations are hereby declared null and void. ~
44 oubocction oh.:1ll not .:1ffcct zoning ordin.:1nceo ..,hich enoomp.:1oo
45 firc.:1rm:J bU:Jincooco .:11ong '.Ji th othe::- bU:Jine:J:Je:J. Zoning
46 ordinance3 ~~ich ar~ de3igned for the purpcoe of rC:Jtricting or
47 prohibi~ing t~e :J.:11e, pu::-ch.:1oe, tr.:1r.ofer, or ffi.:1nuf.:1cture of
48 firearm:J or ammunition .:18 .:1 method of regulating firc.:1rmo or
49 aHlffiuni tion .:1rc in conflict \;i U'. thic oub:Jcction .:1nd .:1rc
50 prohibited.
51 (2) LIHI'rED EXCEPTION 1 COmITY Wl\.H'INC PEnIOD ORDIHl'.llCES.
52 (a) l\.ny oounty :may have the option to adopt a ~aitiRg
53 pcriod ordinJ.nce rcquiring oJ. '.w.iting pcriod of up to, but not to
54 cHaced, 3 '.;orking d.:1Yo betHeen the purah.:1:Je oJ.nd delivery of .:1
55 h.:1ndgun. For purpooeo of thio ouboection, "purch.:1oo" me.:1no
56 payment of depooit, pay.fficnt in full, or notification of intent
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to puroh~oe. ~doption of a waiting per~od ordinance, by ~ny
county, oh.:lll require 0. m.:ljorit). ~..ote of the county cOffi."flioo:..on
or. votoo or. ....o.i ting period ordin::mceo. Thio eHoeption io limited
oolcly to indi7idu.:l~ oounties and io limited to the prc7iGior.3
~nd reotrictiono cont~ined in thin ouboection.
(b) Ordinanceo authorized by thin ouboectien ohall ~pply
to all Galeo of handguno to individual:::; by a retail
eotablioIDRent eHoopt tho.:Je oaleo to indi ~..iduo.lo enempted in thio
oubccction. for purpooC3 of thio oub.:Jection, "reto.il
eotabliohment" mean.3 a gun ohop, oporting goedo otore, po.',,-n
ohop, hardw~re otere, department otore, di.:Jcount .:Jtore, bait or
t~oJclc Ghop, er uny ether otoro or ohop th~t offe:::o h.:mdguno for
;.J~lk in ret.:lil o~le but doeo not include gun collectoro ohm:o or
enhibita, or gun oho~o.
(0) Ordin.:lnoeo authorized by thio ouboection ahall not
require ~ny reporting or notification to ~ny couree outoide the
retai~ cotabliohment, but recordo 0: handgun o~leo muot be
a7ailablc for inopection, during normo.l buoincoo houro, by .:lny
l.:l',: cnforoemcnt ~gcncy .:l:::; defined in c. 931.02.
(d) The follo.:ing on.:lll be cHcmp': from .:my H.:li ting period:
1. Indi7idualo ~ho arc licen3cd to eo.rry coneeo.led
firearm:::; under the pro';ioioRa of o. 790.06 or ...ho are licenoed
to carry oonoe~lod fireo.rmo under any other prov:..oion of ot.:lte
l~'..' and \Jho oho\! a ...~lid lioenocl
2.
Indi vidualo \Jho already l~H::ully o'.m another
.c .
~l.rC.3.rHl
.:md ~,ho oho".; ~ Dalco rcoeipt fer another firearm; ""ho .:lre )mo\m
to mm ~nothcr firea:-m through a prior puroh~oe from tho ret.:lil
eot.J.bliohment; or Hho ha"..c another :::.rearm for trade in;
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3. R la~ enforcement or correctional officer aD defined in
o. 943.l0J
4. ^ la~ enforcement agency aD defined in o. 934.02J
5. SalaD or tranoactiono bctuccn dealero or bct~ccn
diotributoro or bet~een dealero and diotributoro ~~o hQ~e
current federal firearmo licenOeD! or
6. I'.ny incH ...idual \:ho haD been threatened or Hhooe family
haD been threaten.ed '.:i th death or bodily inj ury, provided the
individual may la~fully pooGeoo a firearm and provided ouch
threat hn.o been duly reported to local la',l er.forcement.
~~ POLICY AND INTENT.-
(a) It is the intent of this section to provide uniform
firearms laws in the statei 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) PROHIBITIONSi PENALTIES.-
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(a) Any person, county, agency, municipality, district, or
other entity that violates the Legislature's occupation of the
whole field of regulation of firearms and ammunition, as
declared in subsection (1), by enacting or causing to be
enforced any local ordinance or administrative rule or
regulation impinging upon such exclusive occupation of the field
shall be liable as set forth herein.
(b) If any county, city, town, or other local government
violates this section, the court shall declare the improper
ordinance, regulation, or rule invalid and issue a permanent
injunction against the local government prohibiting it from
enforcing such ordinance, regulation, or rule. It is no defense
that in enacting the ordinance, regulation, or rule the local
government was acting in good faith or upon advice of counsel.
(c) If the court determines that a violation was knowing
and willful, the court shall assess a civil fine of up to $5,000
against the elected or appointed local government official or
officials or administrative agency head under whose jurisdiction
the violation occurred.
. (d) Except as required by applicable law, public funds may
not be used to defend or reimburse the unlawful conduct of any
person found to have knowingly and willfully violated this
section.
(el A knowing and willful violation of any provision of
this section 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 prohibited under paragraph (a)
or otherwise under color of law shall be cause for termination
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141 of employment or contract or removal from office by the
142 Governor.
143 (f) A person or an organization whose membership is
144 adversely affected by any ordinance, regulation, measure,
145 directive, rule, enactment, order, or policy promulgated or
146 caused to be enforced in violation of this section may file suit
147 against any county, agency, municipality, district, or other
148 entity in any court of this state having jurisdiction over any
149 defendant to the suit for declaratory and injunctive relief and
150 for actual damages, as limited herein, caused by the violation.
151 A court shall award the prevailing plaintiff in any such suit:
152 1. Reasonable attorney's fees and costs in accordance with
153 the laws of this state, including a contingency fee multiplier,
154 as authorized by law; and
155 2. The actual damages incurred, but not more than
156 $100,000.
157
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158 Interest on the sums awarded pursuant to this subsection shall
159 accrue at the legal rate from the date on which suit was filed.
160 (4) EXCEPTIONS.-This section does not prohibit:
161 (al Zoning ordinances that encompass firearms businesses
162 along with other businesses, except that zoning ordinances that
163 are designed for the purpose of restricting or prohibiting the
164 sale, purchase, transfer, or manufacture of firearms or
165 ammunition as a method of regulating firearms or ammunition are
166 in conflict with this subsection and are prohibited;
167 (b) A duly organized law enforcement agency from enacting
168 and enforcing regulations pertaining to firearms, ammunition, or
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firearm accessories issued to or used by peace officers in the
course of their official duties;
tcl Except as provided in s. 790.251, any entity subject
to the prohibitions of this section from regulating or
prohibiting the carrying of firearms and ammunition by an
employee of the entity during and in the course of the
employee's official duties;
td) A court or administrative law judge from hearing and
resolving any case or controversy or issuing any opinion or
order on a matter within the jurisdiction of that court or
judge; or
tel 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.
i2l+&t SHORT TITLE.-As created by chapter 87-23, Laws of
Florida, this section oh.J.ll be kno'.:n .J.nd may be cited as the
"Joe Carlucci Uniform Firearms Act."
Section 2. This act shall take effect October 1, 2011.
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FINAL BILL ANALYSIS
BILL #: CS/CS/CS/HB 45
FINAL HOUSE FLOOR ACTION:
85 V's 33 N's
SPONSOR: Rep. Gaetz
COMPANION BILLS: CS/CS/CS/SB 402
GOVERNOR'S ACTION: Approved
SUMMARY ANALYSIS
CS/CS/CS/HB 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. VIII, 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 o'ccurred 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. ~
Page 11
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9/27/2011 Item 17.E.
----
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Current Situation
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 generallaw.2 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.3
----
Local governments may use their home rule powers to enact ordinances not inconsistent with
generallaw.4 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.6 A municipality may not forbid what the Legislature has
expressly authorized, nor may it authorize what the Legislature has expressly forbidden.7 The
Legislature has preempted regulation of numerous areas of law to the state, including operation
of the state lottery,S use of electronic communication devices in motor vehicles,9 and interdistrict
transfers of groundwater.1o 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. 11
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.12 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
I Chapter 87-23, L.Q.F.
2 Section 190.33, F.S.
3 Section 790.33(3), F.S.
4 Art. VIII, s. 1(f, g), Fla. Const.; see also Sarasota v. Browning, 28 So.3d 880, 885-86 (Fla. 2010).
s City ofHollywoodv. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006).
6 Sarasota, 28 So.3d at 886.
7 Rinz/er 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., Not '[ Rifle Ass 'n of Am., Inc. v. City ofs' Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
12 Id
-.
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9/27/2011 Item 17.E.
~
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."
Exceotions to Preemotion
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 Jocal governments to enact ordinances governing a three-day
handgun purchase waiting period.is 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
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.17 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.
13 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.comlnews/palm-beach-county-commissioner-presses-for-ban-on-1216890 . htm I.
IS 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,
s. 5(b), Fla. Const.
.-....
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9/27/2011 Item 17.E.
.---
Immunitv for Leaislative 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 govemment,22
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.26 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 Judaments
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
propecty 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.
IS 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 ofIegislative 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.
25 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).
,-
Page I 4
Packet~age-2679-
9/27/2011 Item 17.E.
~
Effect of the Bill
Intent
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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9/27/2011 Item 17.E.
~
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 uFiscal Comments. It
~
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9/27/2011 Item 17.E.
~
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.
~
~
Page I 7
Packet Page -2682-
9/27/2011 Item 17.E.
~
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 firear.m. ss. 790.06 and 790.25,
Fla. Stat.
Dear Mr. Dannheisser:
-.,
As City Attorney for the City of Gulf Breeze and on behalf of
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 prOV1S1ons 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 op1n1on that a member of a municipal city council may
not carry a weapon or firear.m 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
Packet Page -2683-
9/27/2011 Item 17.E.
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:
liThe Legislature finds as a matter of public policy and fa.ct
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. n [1]
In recognition of this policy, the Legislature has set forth a
number of lawful uses of firearms and other weapons, ammunition,
.-...
Packet Page -2684- .
9/27/2011 Item 17.E.
~ 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 II [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[.J" 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. [3J
~ 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
mee.ting.
Sincerely,
Bill McCollum
Attorney General
.-......
Packet Page -2685-
9/27/2011 Item 17.E.
.NRA / [LA
Ftrearms Laws for
FLORIDA
IJ
I::-
lfCL lllLLltlLT
(As oj DLccrnbcr, 2009)
Compiled by:
NRA-Jnstitu~ for Legislarive Action
11250 Waples Mill Road
Fair/a"l;, Virginia 22030
(800) 392-8683
u,wuJ.11raila.org
A SYNOPSIS OF STATE LAWS ON PURCHASE,
POSSESSION AND CARRYING OF FIREARMS.
QUICK REFERENCE CHART
Permit to Purchase
Registration of Firearms
Licensing of Owners
Permit to Carry
Rilles and
ShmgullS
No
No
No
No
Handguns
No
No
No
Yes
STATE CONSTITUTIONAL PROVlSION
"(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 he 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 (0 the retailer. and "handgun" means a firearm capablc 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 sub;ect
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 anorher handgun." Article I. Section 8.
The legislature of the State of Florida, in a declararion of policy
incorporated in its" Weapons and Firearms" statute, recognizes that adult
citizens of the state retain their constirutional right to keep and bear fir.:-arms
for hunting and sporring activities and for defense of self. family. home. and
business and as collectibles.
PURCHASEAND POSSESSION
No state permit is required (0 possess or purchase a tiRe. shotgun or
handgun.
It is unlawful for any convicted felon to have in his or her care. custody,
control. or possession any fin:arm or to carry a concealed weapon unless his
civil rights have been restored.
It is unlawful for the following persons co own. pos.~ess or lIse any
firearm: drug addiCts. alcoholics, me oral inl.'ompetents. and vagrants.
A person may not have in his or her c.ue. custody. possession. or control
any firearm or ammunition if rhe p.:rson ha.. b.,en issued a final injunction
rhat is currently in force and effect, restraining that person from committing
acts of domestic violence.
It is unlawful to sell. give, baner. 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 permis.~ion. or to any person of unsound mind.
It is unlawful for any dealer to sell or rransfer any firearm, pistol.
Springfield riRe or other repeating rifle to a minor.
A minor less than 18 years of age may not possess a firearm. oth.:-r than
an unloaded firearm at his home. unless engaged in lawful al.'rivities.
No licensed gun dealer. manufacturer or importer shall sell or deliver
any firearm to anorher 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 Depanmem
of Law Enforcement shall destroy records of approval and non-approval
within 48 hours afrer its response. The fee for the instant check shall be
S8.00. Exempt from the instant check are licensed dealers. manufacturers,
importers, collecrors. persons with a concealed carrying license. law
enforcemeor. correctional and correctional probation officers.
Excluding weekends and legal holidays. there is a three-day wairing
period to purcha.~e 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 co openly carry on
or aoout the person any firearm, or co carry a concealed firearm on or about
the person without a license.
Exceptions:
1. Persons having firearms at their home or place of business.
2. Enrolled members of clubs organized fot target. skeet. or rrapshooting,
while at, or going co or from shoaring 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 huming and while going to or
from such activity.
5. Persons engaged in target shoaring under safe conditions and in a safe
place or while going to or from such place.
6. Persons wbo are firing weapons for target ptactice in a safe and secure
indoor range.
7. Petsons 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 perso'n's manual possession.
8. Persons carrying a piscol unloaded and in a secure wrappet from place
of purchase 10 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
empl()yed.
] t i, lawf uJ (() posse,s 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 nar readily accessible for
Immediare use. A firearm other than a handgun may be carried anywhere
III a private conveyance when such firearm is being carried for a lawful use.
This exemption does nor authorize the carrying of a firearm concealed on
the person. Employers may nor prohibit rheir employees who are properly
licensed under Florida law to carry a handgun. from storing any legally
owned firearm inside a locked, privatdy-owned mOlOr vehicle that is lawfully
preseor 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 fot seven years and is honored
throughout the stare. The application shall be completed. under oath, on a
form promulgated by the Departmenr of Agriculture and shall include the
applicant's name. address. place and date of birch. race. and occupation.
The initial license fee is not to exceed $85 plus the cosr of processing the
fingerprinr card. The renewal fee is not co 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 statutoty cap.
Packet Page -2686-
Fingerprindng must be conducted by a law enforcemem agency of rhe
srate. The sheriff's office: shall providc fin!!:erprinring service w the: applic:Jnr
and may charge a fee not to exceed $5,
The Deparrmenr of Agriculrure shall issue a license if the applicanr:
(a) is at least 21 and a resident of the United States;
(b) does not suffer from a physical infirmity which prevelllS rhe safe handling
of a firearm;
(c) is not a convicted felon;
(d) has not within a three-year period preceding submission of the applicadon
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 domesdc violence, unless rhree years has
elapsed since probation or the record is sealed or expunged;
(f)is not currently under any injunction restraining the applicam from acts of
domestic violence or repeated acts of violence;
(g) has not been adjudicated an incapacitated petson. unless he has waired
five years from rhe date of his court-ordered restoration to capacity. or
been committed to a mental institution, unless he possesses a psychiatrist's
certificare that he has not suffered from the disability for five years;
(h) is not a chronic or habitual drunkard;
{i} demonstrate.., compcteno: with a firearm by a variety of means; and
(j) states that he desires a legal means ro carry a concealed weapon or firearm
for lawful self-defense.
A license shall not authori7.e any person to carry a concealed weapon
or firearm imo any place of nuisance. police station. detemion facility.
courthouse, polling place. meeting of any state, county. municipal. or special
district governing body, any school. any professional or school athleric event
not related to firearms. portion of an establishmenr licensed to dispense
alcoholic bevetages for consumption on the premises, 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 musr be norified within 30 Jays of
changing a permanent address, destrucrion or losing a license. A duplicate
license costs $15.00. A person musr carry hi. license tOgether wirh 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 Stares who is a nonresident of Florida. may
carry a concealed weapon or concealed firearm while in this srate if that
person is 21 years of age or older. has in his or her immediate possession
a valid license 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 J crime. the term firearm shall not
include an antique firearm. An antique firearm is any firearm manufactured
in or before 1918 (including any matchlock, Aintlock. percussion cap, or
similar early type of ignition system) or replicas thereof. wherher 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 nor readily available in the
ordinary channels of commercial trade.
MACHINE GUNS
The possession of a machine gun. defined a.~ any firearm which shoors.
or is designed to shoot. automarically. 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.
MISCELLANEOUS
Under Florida law. there is no "dury to retreat" if you are anacked in any
place you have a lawful right ro be. Instead, you may stand your ground and
9/27/2011 Item 17.E.
m("Ct force with force. including deadly force. if you rca.mnably believe it is
necessary to prevent death or grc:at bodily harm to yourself or others.
Use of a firearm. BB gon, air or gas-operated guns. or electric weapons
or devices by a minor under the age of 16 is prohibited unle..~ the minor is
under the supervision and in the presence of an adulr who is acting with the
consent of rhe minor's parent.
Florida has mandatory semence enhancements for any serious felony.
such as murder, rape, aggtavated assault. burglary or robbery. committed
with a firearm. The penalty is increased if a machine gun or a semiautomatic
firearm wirh magazine capacity of more than 20 cenrerfire 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. sn'eet or occupied building. except in defense of life or
property. in performance of offi"ial 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. Exempt are persons
who have obtained a special permit by the county commissioners or persons
traveling on srate roads when the firearm is securely locked within a vehicle.
It is unlawful to havt' or carry a firearm in the presence of one or mort'
persons and exhibir the firearm in a rude, careless. angry, or threatening
manners. except in cases of self-defense.
The srate legislature has preempted the regulation of firearms and
ammunition. No political subdivision of the state may bring legal action
against a firearms or ammunition manufacrurer or distributor for the legal
manufacture. marketing. distribution. and sale of firearms and ammunition.
Owners, operators, and users of spon shooting ranges have limited
liability for the accumulation of any projectiles on their range,
Ir is unlawful to sell. deliver, or use ro assist in the commission of a
crime any 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 bullt-t.
It is unlawful to Slore or leave a firearm in any place within reach or easy
access of a pt'rson less rhan 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 markmlanship competition or ptactice or
other lawful recreational shooting activiry;
4. Any person carrying rhe firearm on his or her body or within such close
proximity therero rhat he or she can rerrieve and use it as easily and quickly
as if he or she carried it on his or her body.
Whoever. rhrough culpable negligen"ce. srores or leaves a loaded firearm
within the reach or easy access of a minor less rhan 16 years of age commits
a fClony of thc 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 not apply:
1. If the firearm was stored or lefr in a securely locked box or container or in
a location which a reasonable person would have believed to be secure. Ot was
securely lncked with a rrigger lock; .
2. If rhe minor obtains the firearm as a result of an unlawful entry by any
person;
3. 10 in;uries resulring from target or sporr shooting accidents or huming
accidents; or
4. To members of the Armed Forces. National Guard. or State Militia, or to
police or other law enforccmelH officers. with respect to firearm possession
by a Illinor which occurs during or incidental to the performance of their
official duties.
Source: FLA. STAT 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;
790.17; 790.174; 790.175; 790.18; 790.19; 790.22; 790.221; 790.233:
790.235; 790.33; 790.33 J; and 790.333
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Gun laws in Florida - Wikipedia, the free encyclopedia
9/27/2011 Item 17.E.
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 oldY]
Contents
. 1 Overview
. 2 Vehicle Carry
. 3 Open Carry
. 4 Regulations
. 5 Castle Doctrine
. 6 Firearm Sales
. 7 See also
. 8 References
L-..___n____~.___ _n_.."
Overview
,.........
Relevant Statutes
Notes
No None
Fireann
registration?
: "Assault
i weapon" law? No
,.,- -.----_. .-------. .--.
i Owner license No
!_r.e9.1I~r.e~?_n__
I
i
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I
No
No
None
No
'Chapter 790.06 (http://www.f1senate.gov/Statutes/index.cfm?
: App_mode=Display _ Statute&Search _ String=&URL=0700-
0799/0790/Sections/0790 .06.html)
Concealed
: carry only;
no open carry
allowed,
even with
: permit I
.. .-.. .---....- _._-...--...+_._-_._--~- ---- ..-.'
.No
! Carry permits No
i issued?
i
I
Yes
j_._-~._-,. -.._.... ....
f State
I Preemption of Chapter 790.33 (http://www.f1senate.gov/Statutes/index.cfm?
ilocal Yes iYes App_mode=Display_Statute&Search_String=&URL=0700-
, t' f ? , 0799/0790/Secttonsl0790.33.html)
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'l restricted? . 0 ; 0 ! one
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..~--------.--~
: Federal rules :
; observed. i
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9/27/2011 Item 17.E.
.-.
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 accesspl (Note: this legal
condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when
concealed even ifit 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. [3] 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
. Sheriffs Office,
. Police Station,
. Jail,
. Prison,
. Courthouse,
. Polling Place,
. any Governmental Judicial meeting,
. any school or college,
. lounges,
. bars,
. airports,
. professional athletic event, and
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9/27/2011 Item 17.E.
. any federal buildings or property.
~.
Castle Doctrine
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 hann
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 ifhe 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, prope~ 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.{4][5J
~
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.
[6]
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9/27/2011 Item 17.E.
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=0700-0799/0790/0790Contentslndex.html&Statute Year=20 1 O&Title=%
2D%3E20] 0%2D%3EChapte~1020790)
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/0790.00 1.html)
3. ^ Florida Crimes Code Section 790.25 at Law and Legal Research
(http://law.onecle.com/florida/crimesn90 .25 .html)
4. ^ "Walt Disney World Fires Back on Guns at Work", Orlando Sentinel, July 3, 2008
(http://www.orlandosentinel.comlbusiness/orl-disney gunsO 308 juJO 3,0, 197883 .story)
5. ^ "After Protesting Gun Rule, Disney Guard is Fired", Orlando Sentinel, July 8, 2008
(http://www.orlandosentinel.comlbusiness/ orl-disney gun0808 juI08,O, 3 963 293. story)
6. ^ Florida Department of Agriculture and Consumer Services - Division of Licensing
(http://licgweb.doacs.state. fl. us/news/concealed _carry .html)
Retrieved from ''http://en. wikipedia.org/wiki/Gun _laws _ in_Florida"
Categories: Florida law I United States firearms law
..-.
. This page was last modified on 21 May 2011 at 02: 01.
. Text is available under the Creative Commons Attribution-ShareAlike License; additional
terms may apply. See Terms of use for details.
Wikipedia@ is a registered trademark of the Wikimedia Foundation, Inc., a non-profit
organization.
. ..-.
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~oOtemnp.r In .t.v I l
NonCE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on September 27. 2011 in the Boardroom. 3rd FlOor,
Administration Building. Collier County Government Center, 3299 East Tamianil'
Trail. Naples. Florida. the Board of County Commissioners will consider the
enactment of County Ordinances. The meeting will commence at 9:00 A.M. The
titles of the proposed Ordinances are as follows: .
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AN ORDI NANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER' COllN~
TY. FLORIDA. REPEALING ORDINANCE NO. 70-10. AS AMENDED, ORDINANCE"NO'.
80-24. ORDINANCE NO. 79-102, AS AMENDED, ORDINANCE NO. 76-61. AS AMWO-
ED, AND ORDINANCE NO. 82-77, Al.L RELATING TO THE POSSESSION ANDIOR.;DJ5;.
CHARGE OF FIREARMS, WHICH ARE CODIFIED IN CHAPTER 94. ARTICLE 111; DlVlSTON
2 OF THE COlLIER COUNTY. CODE OF LAWS AND ORDINANCES, IN ORDER TO'COM-
PL Y WITH AMENDMENTS TO SECTION 790.33. FLORIDA STATUTES, WHICH PRE-
EMPTS THE WHOlE FIELD OF fiREARMS AND AMMUNITION REGULATION TO THE
STATE OF FLORIDA; PROVIDING FOR CONFl.lCT AND SEVERAB1UTY; PROVIDING FOR
INClUSIQN IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF-
FECTIVE DATE OF OCTOBER 1, 2011.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 'OF COlliER COUNe
TY. 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 FlEW OF FIREARMS AND AMMUNITION REGULATION TO THE STATE
OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR IN-
CLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF-
FECTIVE DATE OF OCTOBER 1, 2011.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUN-
TY, FLORIDA. AMENDING ORDINANCE NO. 90-17, AS AMENDED, THE COLLIER
COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMP-
TIONS, CODIFIED AS SECTION S4-87 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, FLORI-
DA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNI-
TION REGULATION TO THE STATE OF flORIDA; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDI-
NANCES; AND PROVIDING FOR AN.EFFECTIVE DATE OF OCTOBER 1, 201,.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUl,.j"'
TY. flORIDA. AMENDING CHAPTER 38, CIVil EMERGENCIES. ARTICLE Ill. DECLARA"
TION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS ANO
ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84-37, AS AMENDED. AMENDING
SECTION 38-68, AUTHORIZED EMERGENCY MEASURES. B.Y 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 REGULA.
TION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABiliTY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE DATE OF OCTOBER 1,2011. .
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Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for inspection.. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item, The selection of an in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing: . All material used in presentations before the Board
will become a permanent part of the record. .
Any person who decides to appeal a decision of the Board will need a record of the
proceed ings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, whl~h record includes the testimony and evi.
dence upon which the appeal is based.
If you are a person with a disability whG needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you to the provision
of certain assistance. Please contact the Collier. County Facilities Management
Department, located at 3335 Tamiami Trail East. Suite 101. Naples, FL 34112-5356,
(239) 2S2-8380. at least two days prior to the meeting. Assisted listening devices for
the hearing impaired are available in the Board of County Commissioners Office.
80ARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE. CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
~
S..ntember 16 2011
No1915347
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