790.0601?Public records exemption for
concealed weapons.—
(1)?Personal identifying information of
an individual who has applied for or received a license to carry a concealed
weapon or firearm pursuant to s. 790.06
held by the Division of Licensing of the Department of Agriculture and Consumer
Services is confidential and exempt from s. 119.07(1)
and s. 24(a), Art. I of the State Constitution. This exemption applies to such
information held by the division before, on, or after the effective date of
this section.
790.173?Legislative
findings and intent.
(2)?It is the intent of the Legislature
that adult citizens of the state retain their constitutional right to keep and
bear firearms for hunting and sporting activities and for defense of self,
family, home, and business and as collectibles. Nothing in this act shall be
construed to reduce or limit any existing right to purchase and own firearms,
or to provide authority to any state or local agency to infringe upon the privacy of any family, home, or business, except by lawful
warrant.
790.33?Field of regulation of firearms
and ammunition preempted.—
(1)?PREEMPTION.—Except as expressly
provided by the State Constitution or general law, the Legislature hereby
declares that it is occupying the whole field of regulation of firearms and
ammunition, including the purchase, sale, transfer, taxation, manufacture,
ownership, possession, storage, and transportation thereof, to the exclusion of
all existing and future county, city, town, or municipal ordinances or any
administrative regulations or rules adopted by local or state government
relating thereto. Any such existing ordinances, rules, or regulations are
hereby declared null and void.
(2)?POLICY AND INTENT.—
(a)?It is the intent of this section to
provide uniform firearms laws in the state; to declare all ordinances and
regulations null and void which have been enacted by any jurisdictions other
than state and federal, which regulate firearms, ammunition, or components
thereof; to prohibit the enactment of any future ordinances or regulations
relating to firearms, ammunition, or components thereof unless specifically
authorized by this section or general law; and to require local jurisdictions
to enforce state firearms laws.
(b)?It is further the intent
of this section to deter and prevent the violation of this section and the
violation of rights protected under the constitution and laws of this state
related to firearms, ammunition, or components thereof, by the abuse of
official authority that occurs when enactments are passed in violation of state
law or under color of local or state authority.
(3)?PROHIBITIONS; PENALTIES.—
(a)?Any person (meaning the
police who abuse my privacy), 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 (MAYOR ) or officials (POLICE,
HIRED SECURITY GUARDS, EMPLOYEES) 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.
(e)?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 of employment or contract or
removal from office by the Governor.
(f)?A person or an organization whose
membership is adversely affected by any ordinance, regulation, measure,
directive, rule, enactment, order, or policy promulgated or caused to be
enforced in violation of this section may file suit against any county, agency,
municipality, district, or other entity in any court of this state having
jurisdiction over any defendant to the suit for declaratory and injunctive
relief and for actual damages, as limited herein, caused by the violation. A
court shall award the prevailing plaintiff in any such suit:
1.?Reasonable attorney’s fees and costs
in accordance with the laws of this state, including a contingency fee
multiplier, as authorized by law; and
2.?The actual damages incurred, but not
more than $100,000.
Interest on the sums
awarded pursuant to this subsection shall accrue at the legal rate from the
date on which suit was filed.
2nd Amendment
A well regulated Militia, being
necessary to the security of a free State, the right of the people to keep and
bear Arms, shall not be infringed.
4th Amendment
The right of the people to be secure
in their persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.
5th Amendment
No person shall be held to answer for
a capital, or otherwise infamous crime, unless on a presentment or indictment
of a Grand Jury, except in cases arising in the land
or naval forces, or in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same offence to be twice
put in jeopardy of life or limb; nor shall be compelled in any criminal case to
be a witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public use,
without just compensation