The purpose and effect of this rulemaking is to revise District Land Use Rule 40D-9.230, F.A.C., to conform with Section 790.33 Florida Statutes (2011), which expressly preempts the regulation of firearms and ammunition in Florida. District staff ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-9.230: Firearms and Similar Equipment

PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to revise District Land Use Rule 40D-9.230, F.A.C., to conform with Section 790.33, Florida Statutes (2011), which expressly preempts the regulation of firearms and ammunition in Florida. District staff proposes amendments to the rule to eliminate any reference to firearms and ammunition regulation. Provisions relating to possession or use of other dangerous or potentially dangerous instruments, such as spears, paintball equipment and bows and arrows will remain.

SUMMARY: Section 790.33, Florida Statutes (2011), expressly preempts the regulation of firearms and ammunition in Florida. Effective October 1, 2011, all existing administrative rules, regulations or ordinances that seek to regulate firearms and ammunition were declared null and void. The Statute also establishes liabilities and penalties for any person or governmental entity that violates the law’s occupation of the entire field of regulation by either enacting new regulations or enforcing any existing regulations concerning firearms and ammunition. District Land Use Rule 40D-9.230, F.A.C., prohibits the possession or use of firearms and other potentially dangerous equipment except in specific circumstances. In order to bring District Rules into conformance with Section 790.33, Florida Statutes, the District proposes amendments to the rule to eliminate any reference to firearms and ammunition regulation. Provisions relating to possession or use of other dangerous or potentially dangerous instruments, such as spears, paintball equipment and bows and arrows will remain. The District submitted the rule to the Legislature pursuant to Section 373.1391(6), F.S. for consideration during the 2012 session. The Legislature took no action, thereby resulting in approval of the rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113 FS.
LAW IMPLEMENTED: 373.1391, 373.59 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899, telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702, TDD (FL only) 1(800)231-6103 or email to [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Martinez, Office of General Counsel, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2011046)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-9.230 Potentially Dangerous Firearms and Similar Equipment.

The possession or use of potentially dangerous firearms or similar equipment on District Lands, as set forth below, is prohibited except:

(1) For hunting purposes during specifically authorized hunts;

(2) For District initiated land management activities;

(3) As authorized by a Special Use Authorization.

Potentially dangerous equipment Firearms and similar equipment includes shotguns, rifles, muzzle loading guns, pistols, revolvers, air guns, gas guns, blow guns, crossbows, spear guns, or other devices capable of mechanically propelling an arrow, spear, or similar other projectile. The use of paintball guns, paintball markers, and paintball equipment on District Lands is prohibited. Paintball equipment includes, but is not limited to: paint balls, paint gun refillable gas tanks, paint gun propellant canisters, and targets.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-20-04, Amended ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen West, Managing Attorney, Office of General Counsel, Southwest Florida Water Management District

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 27, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 14, 2011