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: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: section 790.33(1). We held in Pretzer that a plaintiff suing a state agency under section 790.33(3)(f) …section 790.33(3)(f)1. is the remedy in this case, Pretzer could bring an action under section 790.33(3)(f…complaint alleging that a state agency violated section 790.33, Florida Statutes, on the ground that the plaintiff…The complaint alleged that FDLE violated section 790.33 by promulgating and enforcing a rule that required…jurisdictional concerns. Caranna argued that section 790.33 creates a cause of action when an agency promulgates

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: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: violated section 790.33 when her initial application was denied. Indeed, section 790.33(3)(f)2. contemplates…of Law Enforcement (“FDLE”) pursuant to section 790.33, Florida Statutes. Appellant argues that (1) the… She alleged that the agencies violated section 790.33, in which the Legislature declared that it was …recently receded from Thrasher and held that section 790.33 “does not require a plaintiff to exhaust administrative…change course and remedy its violation of section 790.33 after being sued. The statute does not direct the

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: pursuant to section 790.33. Finding that the relief authorized by section 790.33(3)(f)1. is the remedy… void. § 790.33(1), Fla. Stat. (1987). In 2011, the Legislature amended section 790.33(1), expanding…without the limitations that section 790.33(1) imposes. What section 790.33(1) prohibits beyond the limitations…under subsection 790.33(3)(f)1.b., they can face civil fines under subsection 790.33(3)(c). See Fried,…section 790.33 suit can recover “[t]he actual damages incurred, but not more than $100,000.” § 790.33(3)(f

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

Court: Fla. | Date Filed: 2023-01-18T23:53:00-08:00

Snippet: as set forth herein. § 790.33(3)(a). Relevant to this case, sections 790.33(3)(c)-(d) are applicable…willfully violated this section. § 790.33(3)(c)-(d). Section 790.33(3)(f) is applicable to local governments…that sections 790.33(3)(c) and (d) violate legislative immunity and that section 790.33(3)(f) violates…regulation of firearms and ammunition.” § 790.33(1). Section 790.33(3)(a) states in pertinent part that “[…statutory actions in section 790.33(3)(f).7 We disagree. Section 790.33(3)(f) is applicable to local

FREDERIC GUTTENBERG v. SMITH & WESSON, CORP.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-03T23:53:00-08:00

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

BROWARD COUNTY, FLORIDA v. FLORIDA CARRY, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-24T00:53:00-07:00

Snippet: were preempted by section 790.33, Florida Statutes (2014). Section 790.33 declares a legislative intent…ammunition regulation. § 790.33(3), Fla. Stat. (2014). The plain language of section 790.33(2), as evidenced…the plain language of section 790.33 belies this argument. Section 790.33 prohibits the regulation of firearms…law.” § 790.33(2)(a), Fla. Stat. (2019). For the purposes of section 790.33, the Legislature …Broward County ordinances still violated section 790.33: section 2-39 regulating weapons and guns at Fort

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-25T00:53:00-07:00

Snippet: section 790.33. UF, 180 So. 3d at 150-51. We concluded that the specific language in section 790.33(3)(f)… in § 790.33(1)); Ch. 2011-109, Law of Fla. (creating the private cause of action under § 790.33(3)(f)…alleged the FSU Student Conduct Code violated section 790.33, Florida Statutes (2015), which — with certain …regulation of firearms through the language in section 790.33, Florida Statutes (2015), which reads, in pertinent…declared null and void. Further, section 790.33 more specifically defines the actions prohibited

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-03T00:00:00-08:00

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

Snippet: in section 790.33(3)(f), F.S.? The exact statutory usage is as follows: Section 790.33(3)(f) states…promulgated” in section 790.33(3)(f), which confers standing on a party. Section 790.33(3)(f) states as follows…affected by violations of section 790.33(3)(a). Therefore, section 790.33(3)(f) cannot serve as the basis…of section 790.33(3) did not constitute promulgation as the term is used in section 790.33(3)(f). We find…trial court erroneously determined that section 790.33(S)(f), Florida Statutes (2013), is a standing provision

Dougan v. Bradshaw

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-13T00:00:00-07:00

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

Snippet: declared null and void. § 790.33(1), Fla. Stat. (2014). To that end, section 790.33(3)(f) creates a private…caused to be enforced in violation” of section 790.33. § 790.33(3)(f), Fla. Stat. (2014). Thus, Appellant …caused to be enforced in violation” of section 790.33. § 790.33(3)(f), Fla. Stat. (2014). Conclusion Based…sufficiently alleged a cause of action under section 790.33, Florida Statutes (2014), and, therefore, reverse…could not maintain a cause of action under section 790.33 because the “policy” alleged in Appellant’s complaint

Jensen v. Pinellas County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-26T00:00:00-08:00

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

Snippet: described therein. § 790.33(l)-(2), Fla. Stat. (1987). The first line of subsection 790.33(1) was amended in…#x27; set forth in subsection 790.33(2), was removed from section 790.33. Article I, section 8 of…ordinance, the Florida Legislature created section 790.33 announcing a “preemption” of the “whole field” … the State Constitution or general law.” § 790.33(1), Fla. Stat. (2011) (emphasis added). At the …it violates the statutory preemption in section 790.33. This count does challenge some of the definitions

Florida Carry, Inc. v. University of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-30T00:00:00-07:00

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…Count I, Appellant alleged that UF violated section 790.33, Florida Statutes, in which the Legislature declared… or regulations expressly prohibited by section 790.33, that section 790.25(3)(n), Florida Statutes (2013…Count II, Appellant asserted á violation of section 790.33 by Appellee Machen, alleging that Machen, as the… or regulations expressly prohibited by section 790.33. Appellant sought essentially the same relief as

Florida Carry, Inc. v. University of North Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-10T00:00:00-08:00

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

Snippet: whole field of regulation of firearms” in section 790.33(1), Florida Statutes (2011). One then looks to …precluded by the preemptive provisions of section 790.33(1) from limiting or restricting that right, no

Marcus v. State Senate for the State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-27T00:00:00-07:00

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 … . In 1987, the Legislature declared in section 790.33 that it was "occupying the whole field of …of regulation of firearms and ammunition. See § 790.33(3), Fla. Stat. (2011). No. 1D12-5591

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Court: Fla. Att'y Gen. | Date Filed: 2011-09-21T00:53:00-07:00

Snippet: regulation of firearms." As stated in section 790.33(1), Florida Statutes: "PREEMPTION.-Except …The language of preemption contained in section 790.33(1), Florida Statutes, providing that the Legislature…burdened. In sum, it is my opinion that while section 790.33, Florida Statutes, as amended by Chapter 2011-109…on the number of workers employed. 8 And see s. 790.33(4), Fla. Stat., containing exceptions to the section

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Court: Fla. Att'y Gen. | Date Filed: 2011-09-21T00:53:00-07:00

Snippet: in residentially zoned areas in light of section 790.33, Florida Statutes? 2. May a county impose new regulations…firearms is preempted to the state pursuant to section 790.33, Florida Statutes. 2. Pursuant to section 823.16… in a residentially zoned area in light of F.S. 790.33." In answering your questions, I am mindful…possession, and transportation thereof.1 Section 790.33(1), Florida Statutes, as amended by Chapter 2011…hereby declared null and void." In section 790.33, Florida Statutes, the Legislature, in furtherance

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Court: Fla. Att'y Gen. | Date Filed: 2008-06-25T00:53:00-07:00

Snippet: after the effective date of this act." Section 790.33(1), Florida Statutes, preempts the regulation of…void.5 However, the general provisions in section 790.33, Florida Statutes, recognize that local zoning …appear to be inconsistent with the intent of section 790.33, Florida Statutes. Such an ordinance, however,

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Court: Fla. Att'y Gen. | Date Filed: 2005-07-12T00:53:00-07:00

Snippet: ordinance is prohibited by section 790.33, Florida Statutes. Section 790.33, Florida Statutes, preempts the…citizens of such county would be preempted by section 790.33, Florida Statutes. Sincerely, Charlie Crist Attorney…situated on another's property." 2 Section 790.33(3)(a), Fla. Stat. 3 See National Rifle Ass'

Florida Department of Agriculture & Consumer Services v. Haire

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-21T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2002-03-20T00:00:00-08:00

Citation: 812 So. 2d 504

Snippet: and ammunition regulation by enactment of section 790.33, Florida Statutes (2000). This statute reads in…specifically stated that the legislature, through section 790.33, has indeed expressly preempted the entire field…null and void as it is in conflict with section 790.33, Florida Statutes. We remand this case to the trial

Penelas v. Arms Technology, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-02-13T23:53:00-08:00

Citation: 778 So. 2d 1042

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