Attorneys representing 26 Florida cities are reviewing a state appeals court ruling that rejected their arguments challenging a 2011 Florida law’s provision of civil penalties for officials who approve certain firearms restrictions.
The First District Court of Appeal reversed a Leon County judge’s decision that invalidated statutory civil fines of up to $5,000 against local officials who violate the state’s preemption against local restrictions on firearms and ammunition.
“We hold that the statutory penalty provisions disputed on appeal are valid and enforceable,” Judge Susan Kelsey said in her April 9 decision. “Government function immunity does not shield entities that act contrary to or more restrictively than state law in the completely preempted field of firearm and ammunition regulation.”
The Florida legislature’s intent in crafting the restrictions on local governments’ ability to regulate firearms was to maintain uniform gun regulations throughout the state, according to the appeals court.
The local governments’ position focused on invalidating the penalties contained in the state statute, according to Jamie Alan Cole, one of the lead attorneys in the litigation and the city attorney for Weston. The plaintiffs in the original complaint included more than 70 local officials.
“Our case challenged three types of penalties that could be imposed against local officials and local governments for enacting local regulation of firearms: removal by the governor, $5,000 personal penalties and damages against local government entities,” Cole said in an email to the Florida Record. “The first, related to removal by the governor, was not challenged on appeal and still stands.”
It’s disappointing that the appeals court reversed an earlier ruling by Leon County Circuit Judge Charles Dodson that invalidated the two provisions dealing with financial penalties, he said.
“We believe that those two types of penalties violate legislative and governmental immunity, both of which are fundamental tenets of our democracy,” Cole said. “We are analyzing the decision and will be consulting with our clients to determine how to proceed and whether to seek review by the Florida Supreme Court.”
The state firearms statute was put in place in 1987 and amended to add statutory penalties against local government entities and individual officers in 2011.