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Florida Statute 790.33 | Lawyer Caselaw & Research
F.S. 790.33 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 790.33

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
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 from cite.case.law:

FLORIDA CARRY, INC. v. E. THRASHER, L., 248 So. 3d 253 (Fla. App. Ct. 2018)

. . . The complaint alleged the FSU Student Conduct Code violated section 790.33, Florida Statutes (2015), . . . Id. at 973 (citing § 790.33(1), Fla. Stat.). In Florida Carry, Inc. v. . . . Furthermore, to pursue the remedies under section 790.33(3)(f), the "ordinance, regulation, measure, . . . (creating the preemption in § 790.33(1) ); Ch. 2011-109, Law of Fla. . . . (creating the private cause of action under § 790.33(3)(f) ). . . .

FLORIDA CARRY, INC. v. CITY OF TALLAHASSEE, a, 212 So. 3d 452 (Fla. Dist. Ct. App. 2017)

. . . Appellants argue on appeal that the trial court erroneously determined that section 790.33(S)(f), Florida . . . Therefore, section 790.33(3)(f) cannot serve as the basis for any purported violation. . . . See § 790.33(1), Fla. Stat. . . . It did not address rules, ordinances, and regulations as does section 790.33. . . . (3) did not constitute promulgation as the term is used in section 790.33(3)(f). . . .

DOUGAN, v. L. BRADSHAW,, 198 So. 3d 878 (Fla. Dist. Ct. App. 2016)

. . . .” - We hold that Appellant sufficiently alleged a cause of action under section 790.33, Florida Statutes . . . Any such existing ordinances, rules, or regulations are hereby declared null and void. § 790.33(1), Fla . . . . § 790.33(3)(f), Fla. . . . The Sheriff argues that Appellant could not maintain a cause of action under section 790.33 because the . . . . § 790.33(3)(f), Fla. . . .

JENSEN, v. PINELLAS COUNTY,, 198 So. 3d 754 (Fla. Dist. Ct. App. 2016)

. . . Prior to the adoption of this ordinance, the Florida Legislature created section 790.33 announcing a . . . The first line of subsection 790.33(1) was amended in 2011 to begin: “Except as expressly provided by . . . the State Constitution or general law.” § 790.33(1), Fla. . . . limited exception that authorized cooling-off-period ordinances, which was' set forth in subsection 790.33 . . . (2), was removed from section 790.33. . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF FLORIDA,, 180 So. 3d 137 (Fla. Dist. Ct. App. 2015)

. . . In Count I, Appellant alleged that UF violated section 790.33, Florida Statutes, in which the Legislature . . . In Count II, Appellant asserted á violation of section 790.33 by Appellee Machen, alleging that Machen . . . As for whether Machen had immunity from a claim for civil fines under section 790.33, the trial court . . . We also note that section 790.33 makes no mention or citation to section 768.28. . . . The actual damages incurred, but not more than $100,000. § 790.33, Fla. . . . non-enforcement policy as to subsection 3(a), it will avoid running afoul of preemption issues under section 790.33 . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF NORTH FLORIDA,, 133 So. 3d 966 (Fla. Dist. Ct. App. 2013)

. . . the Florida legislature had expressly preempted the entire field of firearms regulation in section 790.33 . . . Section 790.33, Florida Statutes The legislature’s primacy in firearms regulation derives directly from . . . If, in implementing the exclusive constitutional authority to regulate firearms in section 790.33 the . . . In other words, subsection 790.33(4)(e) would be superfluous if the dissent’s analysis were correct. . . . See § 790.33(1), Fla. Stat. (2011). . . . begins with the Legislature’s intent to occupy “the whole field of regulation of firearms” in section 790.33 . . . While it may be argued the Board is not precluded by the preemptive provisions of section 790.33(1) from . . . article I section 8 authority to the Fish and Wildlife Conservation Commission by enacting section 790.33 . . .

MARCUS, A. R. v. STATE SENATE FOR THE STATE, 115 So. 3d 448 (Fla. Dist. Ct. App. 2013)

. . . Neither legislative body has been designated as the enforcing authority of section 790.33, the statute . . . In 1987, the Legislature declared in section 790.33 that it was "occupying the whole field of regulation . . . See § 790.33(3), Fla. Stat. (2011). . . .

WOLLSCHLAEGER, v. FARMER,, 880 F. Supp. 2d 1251 (S.D. Fla. 2012)

. . . The State also argues that Plaintiffs do not have standing to challenge § 790.33 8(2)’s clause that a . . .

FOREMAN, v. CITY OF PORT ST. LUCIE,, 294 F. App'x 554 (11th Cir. 2008)

. . . . § 790.33 preempts the Ordinance banning the discharge of an air gun in the city limits of Port St. . . . Stat. § 790.33 preempts the whole field of firearm and ammunition regulation, and states that any city . . . Stat. § 790.33 does preempt municipal regulation of firearms, a BB gun is not a firearm under Chapter . . . Stat. § 790.33 renders the entire Ordinance invalid since the Ordinance does not contain a severability . . . Section 790.33 of the Florida Statutes does not preempt a municipal ordinance regulating BB guns. . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. M. A. HAIRE, B. M., 865 So. 2d 610 (Fla. Dist. Ct. App. 2004)

. . . was frustrated with its inability to directly regulate firearms, an exercise proscribed by section 790.33 . . .

NATIONAL RIFLE ASSOCIATION OF AMERICA, INC. W. Sr. v. CITY OF SOUTH MIAMI,, 812 So. 2d 504 (Fla. Dist. Ct. App. 2002)

. . . legislature expressly preempted the entire field of firearm and ammunition regulation by enactment of section 790.33 . . . denied, 799 So.2d 218 (Fla.2001), this court specifically stated that the legislature, through section 790.33 . . . also hold that the City’s ordinance no. 14-00-1716 is null and void as it is in conflict with section 790.33 . . .

PENELAS, v. ARMS TECHNOLOGY, INC., 778 So. 2d 1042 (Fla. Dist. Ct. App. 2001)

. . . County’s frustration at its inability to directly regulate firearms, an exercise proscribed by section 790.33 . . .

PELT, P. E. v. STATE DEPARTMENT OF TRANSPORTATION,, 664 So. 2d 320 (Fla. Dist. Ct. App. 1995)

. . . Pelt argued that Section 790.33, Florida Statutes, preempts DOT from regulating the possession and use . . . rule should be construed to apply only to possession or use of firearms not authorized under Section 790.33 . . . We are persuaded by the reasoning of the hearing officer herein as follows: Section 790.33 is directed . . .

In L. GIBSON, a k a a k a a k a In MOORE,, 142 B.R. 879 (Bankr. E.D. Mo. 1992)

. . . Her monthly living expenses are $790.33. These expenses, however, do not include Ms. . . .