Florida 790.33 and home owners associations


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docsleepy
February 5, 2013, 11:20 PM
What is the effect of Florida Statutes 790.33 (see below) on the ability of a homeowners association to prevent me from erecting a 2 foot thick sand barrier and doing target practice with pistols aimed toward my own (unoccupied) guest house on a 5 acre lot? Your input apprecaited.


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) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy 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:
1. Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
2. The actual damages incurred, but not more than $100,000.

Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed.

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bamajoey
February 5, 2013, 11:53 PM
This is what you get when you live in an area with a homeowners association.
Abide by the rules or move.:)

Sebastian the Ibis
February 6, 2013, 12:06 AM
Homeowner's associations are contractual. You either signed an agreement or you did not, pull that up and see what it says.

Bartholomew Roberts
February 6, 2013, 09:40 AM
The statute you cite prohibits regulation by "county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto."

Unless your HOA is considered a local (county, city, town, municipal) or state goverment, then this statute isn't directed at them. As mentioned above, most HOAs are contractual agreements between people. Even if my local town has no power to regulate what type of fence I can build, I can still enter a legally binding contract with all my neighbors that we will only build fences from 6" cedar.

docsleepy
February 6, 2013, 09:47 AM
(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.


Does " other entity" include HOA?

Bartholomew Roberts
February 6, 2013, 09:57 AM
Since the prohibition appears to be directed towards elected governmental bodies, I would assume that depends on whether Florida law views an HOA as an elected governmental entity. I am not familiar with Florida law; but usually an HOA is a neighborhood association that you must voluntarily join - it doesn't have any governmental regulatory power and has to take you to civil court to enforce breach of contract just like any other agreement between people.

06
February 6, 2013, 11:56 AM
Not to be one to douse cold water on individual rights but shooting in a close neighborhood is inviting their wrath. Five acres is a lot of land but IMO not enough to be shooting on. I live on 11 out in the country--my neighbors and I often shoot and think nothing of it---but we are in the country with lots of open land around us. A house on every five acres is a bit close for a range. May be able to get by with a 22 range with insulated walls to shoot from.
ETA: we will be building a range on the farm this summer so we can shoot long ranges.

Bubbles
February 6, 2013, 12:56 PM
Does "other entity" include HOA?
Most likely that would require a ruling by a judge. Since litigation is expensive, I would choose to relocate if shooting on my property was a requirement.

Or, since you have 5 acres, stick to bows, crossbows, and air rifles as there's less likelyhood for a projectile to leave your property.

Frank Ettin
February 6, 2013, 01:01 PM
And let's stick with the topic. This is not the place to rant about HOAs in general.

brboyer
February 6, 2013, 01:46 PM
(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.


Does " other entity" include HOA?
No. 790.33 applies only to "county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto."

and

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.

HOAs are not governmental agencies.

You have signed a binding legal contract with another private party (or have purchased property with lawfully established, legally binding deed restrictions).
Either abide by it, leave, or accept the consequences for violating it. SIMPLE.

Frank Ettin
February 6, 2013, 03:03 PM
What is the effect of Florida Statutes 790.33 (see below) on the ability of a homeowners association to prevent me...The short answer is "None" as already pointed out in a few posts.

The OP's question has been answered.

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