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The 2025 Florida Statutes
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F.S. 790.33790.33 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 790.33
Total Results: 27
778 So. 2d 1042, 2001 WL 120529
District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1686937
Cited 20 times | Published
regulate firearms, an exercise proscribed by section 790.33, Florida Statutes (1999) which expressly preempts
812 So. 2d 504, 2002 WL 427333
District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1364185
Cited 8 times | Published
firearm and ammunition regulation by enactment of section 790.33, Florida Statutes (2000). This statute reads
198 So. 3d 878, 2016 Fla. App. LEXIS 10774, 2016 WL 3745378
District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60256504
Cited 3 times | Published
sufficiently alleged a cause of action under section 790.33, Florida Statutes (2014), and, therefore, reverse
133 So. 3d 966, 2013 WL 6480789, 2013 Fla. App. LEXIS 19600
District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60238981
Cited 3 times | Published
the entire field of firearms regulation in section 790.33(1), Florida Statutes (2011). The complaint
180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665
District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60252329
Cited 2 times | Published
Count I, Appellant alleged that UF violated section 790.33, Florida Statutes, in which the Legislature
115 So. 3d 448, 2013 WL 3215234, 2013 Fla. App. LEXIS 10224
District Court of Appeal of Florida | Filed: Jun 27, 2013 | Docket: 60232196
Cited 2 times | Published
been designated as the enforcing authority of section 790.33, the statute at issue.1 See Atwater v. City
880 F. Supp. 2d 1251, 2012 WL 3064336, 2012 U.S. Dist. LEXIS 107731
District Court, S.D. Florida | Filed: Jun 29, 2012 | Docket: 65983635
Cited 2 times | Published
that Plaintiffs do not have standing to challenge § 790.33 8(2)’s clause that a practitioner "shall respect
212 So. 3d 452, 2017 WL 465303, 2017 Fla. App. LEXIS 1395
District Court of Appeal of Florida | Filed: Feb 3, 2017 | Docket: 4579988
Cited 1 times | Published
the trial court erroneously determined that section 790.33(S)(f), Florida Statutes (2013), is a standing
District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154571
Published
appellee-defendants for allegedly
violating section 790.33, Florida Statutes (2017), which preempts local
District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674139
Published
DCA 2024) (“Because the relief authorized by section
790.33(3)(f)1. is the remedy in this case, Pretzer
District Court of Appeal of Florida | Filed: Jan 29, 2025 | Docket: 69587480
Published
DCA 2024) (“Because the relief authorized by section
790.33(3)(f)1. is the remedy in this case, Pretzer
District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062891
Published
complaint
alleging that a state agency violated section 790.33, Florida
Statutes, on the ground that the plaintiff
District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68335488
Published
Department of Law Enforcement
(“FDLE”) pursuant to section 790.33, Florida Statutes. Appellant
argues that (1)
District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68958703
Published
sued Swearingen in his individual
capacity. See § 790.33(3)(c), Fla. Stat.; cf. State v. City of Weston
Supreme Court of Florida | Filed: Jan 19, 2023 | Docket: 66741677
Published
governments and officials for certain violations of section 790.33,
Florida Statutes (2021), the firearms preemption
District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698556
Published
judgment
Florida Carry also involved section 790.33, Florida Statutes (2013),
which is titled “Field
District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59759010
Published
thus
were preempted by section 790.33, Florida Statutes (2014). Section
790.33 declares a legislative
248 So. 3d 253
District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915079
Published
alleged the FSU Student Conduct Code violated
section 790.33, Florida Statutes (2015), which — with certain
198 So. 3d 754, 2016 Fla. App. LEXIS 2864, 2016 WL 746442
District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039678
Published
ordinance, the Florida Legislature created section 790.33 announcing a “preemption” of the “whole field”
Florida Attorney General Reports | Filed: Sep 21, 2011 | Docket: 3256730
Published
firearms in residentially zoned areas in light of section 790.33, Florida Statutes?
2. May a county impose new
Florida Attorney General Reports | Filed: Sep 21, 2011 | Docket: 3255371
Published
field of regulation of firearms." As stated in section 790.33(1), Florida Statutes:
"PREEMPTION.-Except as
Florida Attorney General Reports | Filed: Jun 25, 2008 | Docket: 3258917
Published
range after the effective date of this act." Section 790.33(1), Florida Statutes, preempts the regulation
Florida Attorney General Reports | Filed: Jul 12, 2005 | Docket: 3258786
Published
ordinance is prohibited by section 790.33, Florida Statutes.
Section 790.33, Florida Statutes, preempts
865 So. 2d 610, 2004 Fla. App. LEXIS 427, 2004 WL 89611
District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64828047
Published
regulate firearms, an exercise proscribed by section 790.33, Florida Statutes, which expressly provides
Florida Attorney General Reports | Filed: Jul 11, 2000 | Docket: 3256969
Published
ordinance until a court declares otherwise. Section 790.33, Florida Statutes, however, should be construed
664 So. 2d 320, 1995 Fla. App. LEXIS 12676, 1995 WL 727781
District Court of Appeal of Florida | Filed: Dec 11, 1995 | Docket: 1655988
Published
served as weight inspectors.
Pelt argued that Section 790.33, Florida Statutes, preempts DOT from regulating
Florida Attorney General Reports | Filed: Jun 11, 1992 | Docket: 3257509
Published
weekends and legal holidays.
2. For purposes of section 790.33(2), Florida Statutes, a "working day" would
