Florida Senate - 2021                                    SB 1884
       
       
        
       By Senator Rodrigues
       
       
       
       
       
       27-01664A-21                                          20211884__
    1                        A bill to be entitled                      
    2         An act relating to the preemption of firearms and
    3         ammunition regulation; amending s. 790.33, F.S.;
    4         providing that written or unwritten policies are
    5         subject to provisions allowing for recovery of damages
    6         if such policies violate specified provisions;
    7         providing that a plaintiff challenging a local
    8         government regulation concerning firearms is
    9         considered a prevailing plaintiff for certain purposes
   10         in specified circumstances; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (f) of subsection (3) of section
   16  790.33, Florida Statutes, is amended to read:
   17         790.33 Field of regulation of firearms and ammunition
   18  preempted.—
   19         (3) PROHIBITIONS; PENALTIES.—
   20         (f)1. A person or an organization whose membership is
   21  adversely affected by any ordinance, regulation, measure,
   22  directive, rule, enactment, order, or policy, whether written or
   23  unwritten, promulgated or caused to be enforced in violation of
   24  this section may file suit against any county, agency,
   25  municipality, district, or other entity in any court of this
   26  state having jurisdiction over any defendant to the suit for
   27  declaratory and injunctive relief and for actual damages, as
   28  limited herein, caused by the violation. A court shall award the
   29  prevailing plaintiff in any such suit:
   30         a.1. Reasonable attorney attorney’s fees and costs in
   31  accordance with the laws of this state, including a contingency
   32  fee multiplier, as authorized by law; and
   33         b.2. The actual damages incurred, but not more than
   34  $100,000.
   35         2. If after the filing of a complaint a defendant
   36  voluntarily changes the ordinance, regulation, measure,
   37  directive, rule, enactment, order, or policy, written or
   38  unwritten, promulgated or caused to be enforced in violation of
   39  this section, with or without court action, the plaintiff is
   40  considered a prevailing plaintiff for purposes of this section.
   41  
   42  Interest on the sums awarded pursuant to this subsection shall
   43  accrue at the legal rate from the date on which suit was filed.
   44         Section 2. This act shall take effect July 1, 2021.