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legalism, Attorney
Category: Business Law
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Experience:  Attorney whose practice areas include landlord-tenant, real estate and business law.
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After recent amendment to Florida Statute 790.33 can county

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After recent amendment to Florida Statute 790.33 can county restrict a firearms business to " no retail sales & only one employee out side the family" that would be in a distric zoned Agrigculteral. Heavy Industrial Use is a conditional use ( all lanes for driving need to be paved, spills need to be cleaned up within a certin time frame) and that allows junk yards without restrictions as to the operation of the business. Plant nurseies, Roadside Farm Stands, Greyhound Farms, Veterinary Clincs are all llowed without those restrictions.
Submitted: 5 years ago.
Category: Business Law
Expert:  Fran-mod replied 5 years ago.
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Customer: replied 5 years ago.
Yes I'm still waiting for an answer from an expert.
Expert:  Fran-mod replied 5 years ago.
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Expert:  legalism replied 5 years ago.
In Florida Statute 790.33, the Florida State Legislature expressly preempted the entire field of firearm and ammunition regulation. This means that the State Legislature is the sole governmental body in Florida with the authority to make laws with regard to "the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation" of firearms and ammunition, with certain exceptions.
One of these exceptions is found under FS 790.33(4)(a), which states that "[z]oning ordinances that encompass firearms businesses along with other businesses" are not prohibited. This exception allows counties to regulate firearms and ammunition via zoning ordinances provided those ordinances only regulate firearms and ammunition incidentally as part of a broader zoning scheme. This means, for example, that if a county zoning regulation applies to all retail sales businesses, it can apply to retail firearm sales businesses as well, and state law will not preempt this type of ordinance. However, the exception is not intended to be used as a backdoor method for a county to use zoning ordinances to regulate firearms and ammunition, and FS 790.33(4)(a) explicitly prohibits zoning ordinances that are designed to restrict firearms or ammunition.
The revision to Florida Statute 790.33 came into effect on October 1, 2011. The revision reinforced the state preemption of local regulation of firearms and ammunition. Furthermore, any person or organization who is adversely affected by a law that violated 790.33 can sue the governmental authority that issued the law for any damages that resulted from the illegal law, up to $100,000 plus attorney's fees and costs. If a law is "knowingly and willfully" made in violation of 790.33, the government official or officials responsible for the law can be faced with a personal fine of $5,000, in addition to other penalties.
legalism, Attorney
Category: Business Law
Satisfied Customers: 8
Experience: Attorney whose practice areas include landlord-tenant, real estate and business law.
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