The Florida Legislature recently revised Florida Statute § 790.33 (the “Penalties for Violating Firearms Preemption Law” or “PVFPL”) to require that every municipality or government entity in Florida repeal any regulations, policies, and ordinances that violate the “firearms preemption law” of 1987.
While Florida has had the “firearms preemption law” on its books since 1987 that makes it illegal to pass gun regulations that go beyond state statutes, no enforcement mechanism existed. Under the PVFPL, any public official who violates the revised legislation now faces a $5,000 fine and may even be removed from office by the governor for enacting or enforcing local gun laws. Additionally, the PVFPL allows any citizen or organization that is affected by an allegedly unlawful rule, regulation, or ordinance to bring suit for injunctive and declaratory relief and/or damages.
The bill, sponsored by Republican State Representative Matthew Gaetz from Fort Walton Beach, is aimed at avoiding conflicting provisions relating to gun control regulation. Previously, the Legislature was faced with numerous complaints regarding local governments and administrative agencies writing ordinances and rules that restricted gun possession, which conflicted with the Legislature’s power to make laws in this area. The revisions to Florida Statute § 790.33 attempt to avoid any inconsistencies that conflict with state law. The new law will not affect rules already in place at the state level for firearms (e.g., it is still illegal to ‘fire into buildings, cars, across streets and in public places, except for self-defense’).
Since the passage of the revised legislation, various municipal and county leaders have already begun repealing laws that would conflict with the recent enactment and removed any signage prohibiting the carrying of weapons while on municipal property. All government entities are required to be in compliance with the PVFLP by the effective date of October 1, 2011.
Author(s): Joanna D. Thomson
