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Fried v. State

Fried v. State

Supreme Court of Florida

January 19, 2023, Decided

No. SC21-917, No. SC21-918

Opinion

This case involves whether the common law doctrines of legislative immunity and governmental [*4]  function immunity prohibit the statutory civil actions and penalties imposed against local governments and officials for certain violations of section 790.33, Florida Statutes (2021), the firearms preemption statute. ] We agree with the decision of the First District Court of Appeal in State v. City of Weston, 316 So. 3d 398 (Fla. 1st DCA 2021), that neither doctrine prohibits the statutory civil actions and penalties in sections 790.33(3)(c), (d), and (f).1

I. BACKGROUND

In 1987, the Florida Legislature acted to preempt the field of firearms and ammunition regulation. See ch. 87-23, § 2, Laws of Fla. Section 790.33 (the "Preemption Statute"), currently provides as follows:

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.

§ 790.33(1), Fla. Stat. (2021). ] The Legislature's express intent in enacting the Preemption Statute was to maintain [*5]  uniform firearms laws throughout Florida; to nullify and void all ordinances and regulations not enacted at the state or federal level; "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." § 790.33(2)(a). Petitioners in this case do not challenge the Legislature's authority to preempt the field of regulation of firearms and ammunition.

The Preemption Statute also contains the following exceptions:

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2023 Fla. LEXIS 112 *; 48 Fla. L. Weekly S 9; 2023 WL 309000

NICOLE "NIKKI" FRIED, etc., Petitioners, vs. STATE OF FLORIDA, et al., Respondents.CITY OF WESTON, FLORIDA, et al., Petitioners, vs. STATE OF FLORIDA, et al., Respondents.

Notice: NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

 DECISION WITHOUT PUBLISHED OPINION.

Prior History:  [*1] Application for Review of the Decision of the District Court of Appeal Direct Conflict of Decisions and Statutory Validity/Direct Conflict of Decisions. First District — Case No. 1D19-2819. (Leon County).

State v. City of Weston, 316 So. 3d 398, 2021 Fla. App. LEXIS 5071, 2021 WL 1326331 (Fla. Dist. Ct. App. 1st Dist., Apr. 9, 2021)

CORE TERMS

legislative immunity, immunity, Preemption, regulation, governmental function, local government, local official, ordinances, municipal, preempted, violations, enacting, firearms, common law, firearms and ammunition, circuit court, provisions, abrogated, courts, entity, knowingly and willfully, discretionary, ammunition, separation of powers, trial court, damages, elected, willful, local government official, statutory provisions

Constitutional Law, Bill of Rights, Fundamental Rights, Right to Bear Arms, Governments, Local Governments, Claims By & Against, Legislation, Effect & Operation, Ordinances & Regulations, Civil Rights Law, Protection of Rights, Immunity From Liability, Legislative Functions, State & Territorial Governments, State Constitutional Operation, Charters, Duties & Powers, Legislatures, Relations With Governments, Employees & Officials, Interpretation, Torts, Federal Tort Claims Act, Exclusions From Liability, Discretionary Functions, Public Entity Liability, Immunities, Sovereign Immunity