1. New Firearms Regulations A Summary Amends §790.33, Florida Statutes Board of County Commissioners Worksession September 13, 2011 1

2. Preemption  Preemption by state of regulation of firearms and ammunition  Preempts all existing and future county ordinances or administrative regulations or rules relating to firearms and ammunition 2

3. Preemption Continued  Any existing ordinances, regulations or rules are declared null and void  Significant sanctions for violation of new law by County 3

4. Prohibitions; Penalties  If any ordinance or rule or regulation is successfully challenged in court, the court shall:  declare the improper ordinance invalid  issue a permanent injunction against the local government  and prohibit local government from enforcing such ordinance, regulation or rule 4

5. Prohibitions; Penalties Continued  No defense that:  in enacting the ordinance, rule or regulation, the local government was acting in good faith; or  upon advice of counsel if the court determines a knowing and willful violation 5

6. Prohibitions; Penalties Continued  The court shall assess a civil fine up to $5,000.00 against the elected or appointed local government officials or administrative agency head  Public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated the state law 6

7. Prohibitions; Penalties Continued  A knowing and willful violation:  person acting in an official capacity for the County shall be subject to termination of employment or contract or removal from office by the governor 7

8. Prohibitions; Penalties Continued  Legal standing to challenge County regulation  Any person or organization affected by any ordinance, rule or regulation enforced in violation of this section 8

9. Prohibitions; Penalties Continued  A court may award to prevailing Plaintiff attorneys fees and costs, the actual damages incurred, but not more than $100,000.00 9

10. County Ordinances Affected by New Law  Chapter 2, Part II – Emergency Management  Section 2-305(1)(a) – Emergency Management - Powers and Duration of Emergency Management – (Amend) 10

11. Ordinances Affected Continued  Chapter 25, – Business License Tax  Section 25-82 – Amusements (No change contemplated) 11

12. Ordinances Affected Continued  Chapter 25 – Business License Tax  Section 25-251(7)(2) – Rave Regulations (No change) 12

13. Ordinances Affected Continued  Chapter 26, Division 2 – Handgun Purchase Waiting Period  3 day waiting period  Exempt – holders of concealed weapons permits  Sections 26-91 through 26-98 – (Repeal) 13

14. Ordinances Affected Continued  Chapter 38 – Zoning – Supplemental Regulations  Section 38-1423 – Shooting galleries and firearm sales in tourist district – (Repeal) 14

15. Ordinances Affected Continued  Chapter 38 – Zoning, District Maps  Section 38-77 – Delete reference to Section 38-1423 Regulation (Amend) 15

16. Exemptions/ County May Enforce the Following Regulations  Zoning – Uniform rules on land uses okay  A law enforcement agency enacting and enforcing regulations pertaining to firearms issued to peace officers doing their official duties 16

17. Exemptions/ County May Enforce the Following Regulations Continued  Public employers may continue to regulate or prohibit County employees from carrying firearms at work 17

18. Requested Action  Authorize staff to advertise a public hearing regarding a new ordinance repealing or amending existing ordinances that may violate amended Section 790.33, Florida Statutes  Authorize staff to cease enforcement of any ordinances, rules or regulations which violate amended Section 790.33 on and after October 1, 2011 18

19. New Firearms Regulations A Summary Amends §790.33, Florida Statutes Board of County Commissioners Worksession September 13, 2011 19