Did Florida's 2008 shooting-range law make local permits easier to obtain?

Plain-English summary

A state representative asked about section 790.333, Florida Statutes, for a constituent who wanted to open a shooting range. The AG's office said it could not issue a formal opinion or provide private legal advice through a representative. It nevertheless offered an informal reading of the 2008 law.

The office described the law as protection against specified lawsuits and other legal actions brought by the state or its subdivisions over projectiles released or accumulated in the environment. The quoted immunity provision depended on the range owner or operator making a good-faith effort to comply with subsection (4). The letter said the law did not appear directed at streamlining local permitting. It did not decide whether this constituent would receive a permit or qualify for immunity.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did section 790.333 eliminate local permits for shooting ranges?
A: The letter did not say that. It said the 2008 statute "does not appear to be directed to streamlining the permitting process by local governments," but instead addressed immunity from legal action.

Q: What kind of claims did the letter's immunity discussion concern?
A: It quoted protection from lawsuits and other legal actions by the state, its agencies, special purpose districts, or political subdivisions for claims tied to projectiles in the environment on land the range had a legal right to use. The quoted provision made good-faith efforts to comply with subsection (4) a condition.

Q: Did the AG formally decide the constituent's proposed range was protected?
A: No. The office said its formal-opinion authority covered legal questions from government officers and agencies about their official duties, not private individuals' requests passed through a representative.

Background and statutory framework

The letter quoted the Legislature's 2004 statement of intent in section 790.333(2), including its preference for compliance assistance, negotiations, and alternative dispute resolution before specified legal action against a range. It then quoted the immunity language of section 790.333(5). The discussion was an informal account of that statutory framework, not a ruling on the proposed range's permits or compliance.

Citations and references

• Section 790.333, Florida Statutes (shooting-range provision).
• Section 790.333(5), Fla. Stat. (quoted immunity language).
• s. 16.01(3), Fla. Stat. (cited limit on AG opinion authority).

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/shooting-ranges
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8259

Original opinion text

The Honorable Hugh H. Gibson, III

Representative, District 42

916 Avenida Central

The Villages, Florida 32159

Dear Representative Gibson:

Thank you for your letter of July 23, 2008, requesting an interpretation of section 790.333, Florida Statutes, on behalf of a constituent who would like to open a shooting range. Attorney General McCollum has asked that I respond to your letter.

After reviewing the information you have submitted, it does not appear that this office may formally comment on this matter. The Florida Attorney General is statutorily limited to providing legal advice and opinions to governmental agencies and officers on questions relating to their official duties.[1] This office has no authority to provide legal advice to private individuals, whether an opinion request is received from the individual or through his or her legal or governmental representative. However, in an effort to be of some assistance to you I offer the following informal comments.

Section 790.333, Florida Statutes, was adopted in 2004.[2] Legislative intent for adoption of the statute is expressed in subsection (2):

"The Legislature intends to protect public and private sport shooting or training range owners, operators, users, employees, agents, contractors, customers, lenders, and insurers from lawsuits and other legal actions by the state, special purpose districts, or political subdivisions and to promote maximum flexibility for implementation of environmental management practices and of the principles of risk-based corrective action pursuant to s. 376.30701. It is also the intent of the Legislature that legal action against sport shooting and training ranges will only be a last-resort option and be available only to the department and only after all reasonable efforts to resolve disputes at shooting ranges, including compliance assistance, negotiations, and alternative dispute resolution have been attempted."

Thus, the intent of this legislation is to protect the owners of sport shooting and training ranges from liability in lawsuits. The statute does not appear to be directed to streamlining the permitting process by local governments, but to provide immunity from legal action.

Section 790.333, Florida Statutes, states:

"Notwithstanding any other provision of law, any public or private owner, operator, employee, agent, contractor, customer, lender, insurer, or user of any sport shooting or training range located in this state shall have immunity from lawsuits and other legal actions from the state and any of its agencies, special purpose districts, or political subdivisions for any claims of any kind associated with the use, release, placement, deposition, or accumulation of any projectile in the environment, on or under that sport shooting or training range, or any other property over which the range has an easement, leasehold, or other legal right of use, if the sport shooting or training range owner or operator has made a good faith effort to comply with subsection (4)."[3]

I am enclosing a copy of the Staff Analysis for HB 149 for your consideration.

I trust that these informal comments will be helpful to you.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/t

Enclosure: House of Representatives Staff Analysis, HB 149 w/CS,

    dated Dec. 16, 2003

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[1] See s. 16.01(3), Fla. Stat., and Department of Legal Affairs Statement Concerning Attorney General Opinions (available at www.myfloridalegal.com).

[2] See Ch. 2004-56, Laws of Fla.

[3] Section 790.333(5), Fla. Stat.