F.S. 2017 WEAPONS AND FIREARMS Ch. 790
tenant, or occupant of the department’s intent to enter
the site for the purpose of investigating potential
sources of contamination. The department may assist
with or perform contamination assessment, including,
but not limited to, assistance preparing and presenting a
plan to confirm the presence and extent of contamination.
(e) If the department confirms contamination under
paragraph (c) or paragraph (d), principles of risk-based
corrective action pursuant to s. 376.30701 shall be
applied to sport shooting or training ranges. Application
of the minimum risk-based corrective action principles
shall be the primary responsibility of the sport shooting
range or training range owner or operator for implementation,
however, the department may assist in these
efforts. Risk-based corrective action plans used for
these cleanups shall be based upon the presumption
that the sport shooting or training range is an industrial
use and not a residential use and will continue to be
operated as a sport shooting or training range.
(5) SPORT SHOOTING AND TRAINING RANGE
PROTECTION.—
(a) Notwithstanding any other provision of law, any
public or private owner, operator, employee, agent,
contractor, customer, lender, insurer, or user of any
sport shooting or training range located in this state shall
have immunity from lawsuits and other legal actions
from the state and any of its agencies, special purpose
districts, or political subdivisions for any claims of any
kind associated with the use, release, placement,
deposition, or accumulation of any projectile in the
environment, on or under that sport shooting or training
range, or any other property over which the range has
an easement, leasehold, or other legal right of use, if the
sport shooting or training range owner or operator has
made a good faith effort to comply with subsection (4).
(b) Nothing in this act is intended to impair or
diminish the private property rights of owners of
property adjoining a sport shooting or training range.
(c) The sport shooting and training range protections
provided by this act are supplemental to any other
protections provided by general law.
(6) WITHDRAWALS OF CLAIMS AND RECOVERY
OF EXPENSES AND ATTORNEY’S FEES.—
(a) Within 90 days after the effective date of this act
becoming law, all claims by the state and any of its
agencies, special purpose districts, or political subdivisions
against sport shooting or training ranges pending
in any court of this state or before any administrative
agency on January 1, 2004, shall be withdrawn. The
termination of such cases shall have no effect on the
defendant’s cause of action for damages, reasonable
attorney’s fees, and costs.
(b) In any action filed in violation of this act after the
effective date of this act, the defendant shall recover all
expenses resulting from such action from the governmental
body, person, or entity bringing such unlawful
action.
(7) PENALTIES.—Any official, agent, or employee
of a county, municipality, town, special purpose district,
or other political subdivision or agent of the state, while
he or she was acting in his or her official capacity and
within the scope of his or her employment or office, who
intentionally and maliciously violates the provisions of
this section or is party to bringing an action in violation of
this section commits a misdemeanor of the first degree,
punishable as provided in ss. 775.082 and 775.083.
(8) PREEMPTION.—Except as expressly provided
by general law, the Legislature hereby declares that it is
occupying the whole field of regulation of firearms and
ammunition use at sport shooting and training ranges,
including the environmental effects of projectile deposition
at sport shooting and training ranges.
(9) The provisions of this act shall supersede any
conflicting provisions of chapter 376 or chapter 403.
(10) CONSTRUCTION.—This act shall be liberally
construed to effectuate its remedial and deterrent
purposes.
History.—s. 1, ch. 2004-56.
790.335 Prohibition of registration of firearms;
electronic records.—
(1) LEGISLATIVE FINDINGS AND INTENT.—
(a) The Legislature finds and declares that:
1. The right of individuals to keep and bear arms is
guaranteed under both the Second Amendment to the
United States Constitution and s. 8, Art. I of the State
Constitution.
2. A list, record, or registry of legally owned
firearms or law-abiding firearm owners is not a law
enforcement tool and can become an instrument for
profiling, harassing, or abusing law-abiding citizens
based on their choice to own a firearm and exercise
their Second Amendment right to keep and bear arms
as guaranteed under the United States Constitution.
Further, such a list, record, or registry has the potential
to fall into the wrong hands and become a shopping list
for thieves.
3. A list, record, or registry of legally owned
firearms or law-abiding firearm owners is not a tool for
fighting terrorism, but rather is an instrument that can be
used as a means to profile innocent citizens and to
harass and abuse American citizens based solely on
their choice to own firearms and exercise their Second
Amendment right to keep and bear arms as guaranteed
under the United States Constitution.
4. Law-abiding firearm owners whose names have
been illegally recorded in a list, record, or registry are
entitled to redress.
(b) The Legislature intends through the provisions
of this section to:
1. Protect the right of individuals to keep and bear
arms as guaranteed under both the Second Amendment
to the United States Constitution and s. 8, Art. I of
the State Constitution.
2. Protect the privacy rights of law-abiding firearm
owners.
(2) PROHIBITIONS.—No state governmental
agency or local government, special district, or other
political subdivision or official, agent, or employee of
such state or other governmental entity or any other
person, public or private, shall knowingly and willfully
keep or cause to be kept any list, record, or registry of
privately owned firearms or any list, record, or registry of
the owners of those firearms.
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