Florida Senate - 2021 SB By Senator Rodrigues 27-01664A-21 20211884__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to the preemption of firearms and ammunition regulation; amending s. 790.33, F.S.; 3 providing that written or unwritten policies are subject to provisions allowing for recovery of damages if such policies violate specified provisions; 6 providing that a plaintiff challenging a local government regulation concerning firearms is considered a prevailing plaintiff for certain purposes in specified circumstances; providing an effective date. 11

Be It Enacted by the Legislature of the State of Florida: 13

Section 1. Paragraph

(

f) of subsection (3) of

section 15 790.33, Florida Statutes, is amended to read: 16 790.33 Field of regulation of firearms and ammunition preempted.— 18

(3) PROHIBITIONS; PENALTIES.— 19 (f)1. A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, 21 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, 24 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: 29 Florida Senate - 2021 SB 1884 27-01664A-21 20211884__ CODING: Words stricken are deletions; words underlined are additions. a.1.

Reasonable attorney attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and b.2. The actual damages incurred, but not more than 33 $100,000. 34 2.

If after the filing of a complaint a defendant voluntarily changes the ordinance, regulation, measure, 36 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. 40 Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed. 43

Section 2. This act shall take effect July 1, 2021. 44