Ch. 790 WEAPONS AND FIREARMS F.S. 2017
flechette shell is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) Any person who possesses an armor-piercing
bullet or exploding bullet with knowledge of its armorpiercing
or exploding capabilities loaded in a handgun,
or who possesses a dragon’s breath shotgun shell, bolo
shell, or flechette shell with knowledge of its capabilities
loaded in a firearm, is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(c) Any person who possesses with intent to use an
armor-piercing bullet or exploding bullet or dragon’s
breath shotgun shell, bolo shell, or flechette shell to
assist in the commission of a criminal act is guilty of a
felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to:
(a) The possession of any item described in subsection
(1) by any law enforcement officer, when
possessed in connection with the performance of his
or her duty as a law enforcement officer, or law
enforcement agency.
(b) The manufacture of items described in subsection
(1) exclusively for sale or delivery to law enforcement
agencies.
(c) The sale or delivery of items described in
subsection (1) to law enforcement agencies.
History.—s. 1, ch. 83-253; s. 1, ch. 92-141; s. 1221, ch. 97-102.
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, 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.
(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.
(4) EXCEPTIONS.—This section does not prohibit:
(a) Zoning ordinances that encompass firearms
businesses along with other businesses, except that
zoning ordinances that are designed for the purpose of
restricting or prohibiting the sale, purchase, transfer, or
manufacture of firearms or ammunition as a method of
regulating firearms or ammunition are in conflict with this
subsection and are prohibited;
(b) A duly organized law enforcement agency from
enacting and enforcing regulations pertaining to firearms,
ammunition, or firearm accessories issued to or
30