Florida Statute 790.33 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.33

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)1. A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy, whether written or unwritten, 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:

a. Reasonable attorney fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and

b. The actual damages incurred, but not more than $100,000.

2. If after the filing of a complaint a defendant voluntarily changes the ordinance, regulation, measure, directive, rule, enactment, order, or policy, written or unwritten, promulgated or caused to be enforced in violation of this section, with or without court action, the plaintiff is considered a prevailing plaintiff for purposes of this section.

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 used by peace officers in the course of their official duties;

(c) Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee’s official duties;

(d) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or

(e) The Florida Fish and Wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission.

(5) SHORT TITLE.—As created by chapter 87-23, Laws of Florida, this section may be cited as the “Joe Carlucci Uniform Firearms Act.”

History.—ss. 1, 2, 3, 4, ch. 87-23; s. 5, ch. 88-183; s. 1, ch. 2011-109; s. 1, ch. 2021-15.

F.S. 790.33 on Google Scholar

F.S. 790.33 on Casetext

Amendments to 790.33

Arrestable Offenses / Crimes under Fla. Stat. 790.33

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 790.33.

Annotations, Discussions, Cases:

Cases Citing Statute 790.33

Total Results: 20

Caranna v. Glass, in his official capacity, and Florida Department of Law Enforcement

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: complaint alleging that a state agency violated section 790.33, Florida Statutes, on the ground that the plaintiff

Cynthia E. Heffron v. Florida Department of Agriculture and Consumer Services, Division of Licensing, a state agency and Florida Department of Law Enforcement, a state agency

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: of Law Enforcement (“FDLE”) pursuant to section 790.33, Florida Statutes. Appellant argues that (1) the

Christopher Pretzer v. Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement

Court: District Court of Appeal of Florida | Date Filed: 2024-07-19

Snippet: sued Swearingen in his individual capacity. See § 790.33(3)(c), Fla. Stat.; cf. State v. City of Weston

Nicole "Nikki" Fried, etc. v. State of Florida & City of Weston, Florida v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-01-19

Snippet: and officials for certain violations of section 790.33, Florida Statutes (2021), the firearms preemption

FREDERIC GUTTENBERG v. SMITH & WESSON, CORP.

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: judgment Florida Carry also involved section 790.33, Florida Statutes (2013), which is titled “Field

BROWARD COUNTY, FLORIDA v. FLORIDA CARRY, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-03-24

Snippet: were preempted by section 790.33, Florida Statutes (2014). Section 790.33 declares a legislative intent

Florida Carry, Inc., and Rebekah Hargrove v. John E. Thrasher, an individual

Court: District Court of Appeal of Florida | Date Filed: 2018-05-25

Citation: 248 So. 3d 253

Snippet: alleged the FSU Student Conduct Code violated section 790.33, Florida Statutes (2015), which — with certain

Florida Carry, Inc. and The Second etc. v. City of Tallahassee, Florida, etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-02-03

Citation: 212 So. 3d 452, 2017 WL 465303, 2017 Fla. App. LEXIS 1395

Snippet: trial court erroneously determined that section 790.33(S)(f), Florida Statutes (2013), is a standing provision

Dougan v. Bradshaw

Court: District Court of Appeal of Florida | Date Filed: 2016-07-13

Citation: 198 So. 3d 878, 2016 Fla. App. LEXIS 10774, 2016 WL 3745378

Snippet: sufficiently alleged a cause of action under section 790.33, Florida Statutes (2014), and, therefore, reverse

Jensen v. Pinellas County

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 198 So. 3d 754, 2016 Fla. App. LEXIS 2864, 2016 WL 746442

Snippet: ordinance, the Florida Legislature created section 790.33 announcing a “preemption” of the “whole field”

Florida Carry, Inc. v. University of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-30

Citation: 180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

Snippet: for damages pursuant to sections 768.28(9)(a) and 790.33, Florida Statutes (2013). As for the second issue

Florida Carry, Inc. v. University of North Florida

Court: District Court of Appeal of Florida | Date Filed: 2013-12-10

Citation: 133 So. 3d 966, 2013 WL 6480789, 2013 Fla. App. LEXIS 19600

Snippet: entire field of firearms regulation in section 790.33(1), Florida Statutes (2011). The complaint sought

Marcus v. State Senate for the State

Court: District Court of Appeal of Florida | Date Filed: 2013-06-27

Citation: 115 So. 3d 448, 2013 WL 3215234, 2013 Fla. App. LEXIS 10224

Snippet: designated as the enforcing authority of section 790.33, the statute at issue.1 See Atwater v. City of

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-09-21

Snippet: in residentially zoned areas in light of section 790.33, Florida Statutes? 2. May a county impose new regulations

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-09-21

Snippet: of regulation of firearms." As stated in section 790.33(1), Florida Statutes: "PREEMPTION.-Except as expressly

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-06-25

Snippet: after the effective date of this act." Section 790.33(1), Florida Statutes, preempts the regulation of

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-07-12

Snippet: ordinance is prohibited by section 790.33, Florida Statutes. Section 790.33, Florida Statutes, preempts the

Florida Department of Agriculture & Consumer Services v. Haire

Court: District Court of Appeal of Florida | Date Filed: 2004-01-21

Citation: 865 So. 2d 610, 2004 Fla. App. LEXIS 427, 2004 WL 89611

Snippet: regulate firearms, an exercise proscribed by section 790.33, Florida Statutes, which expressly provides for

National Rifle Ass'n of America, Inc. v. City of South Miami

Court: District Court of Appeal of Florida | Date Filed: 2002-03-20

Citation: 812 So. 2d 504, 2002 WL 427333

Snippet: and ammunition regulation by enactment of section 790.33, Florida Statutes (2000). This statute reads in

Penelas v. Arms Technology, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-02-14

Citation: 778 So. 2d 1042, 2001 WL 120529

Snippet: regulate firearms, an exercise proscribed by section 790.33, Florida Statutes (1999) which expressly preempts