11417790, 40D-9.230 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 11417790

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

DISTRICT LAND USE RULES

Overview

RULE:

40D-9.230

Potentially Dangerous Equipment

PURPOSE:

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 373.1391(6), F.S. for consideration during the 2012 session.  The Legislature took no action, thereby resulting in approval of the rule.

RULEMAKING AUTHORITY:

373.044, 373.113 FS.

LAW:

373.1391, 373.59 F.S.

PRINT PUBLISH DATE:

4/27/2012 Vol. 38/17

COMMENTS:

From 4/27/2012 To 5/18/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.