One bill would protect shooting ranges if they clean up lead. The other measure would eliminate government gun databases.
By JENNIFER LIBERTO
Published March 26, 2004
TALLAHASSEE - The Senate passed two controversial gun bills Thursday, embracing compromises and giving the National Rifle Association early victories on its top priorities of the legislative session.
The Senate approved a measure opposed by many environmental groups that would grant some civil immunity to gun ranges that agree to clean up the lead on their property according to state guidelines.
The bill, passed 33-6, was prompted by a state lawsuit against a Pinellas Park gun range and would force that suit to be dropped.
The other bill, passed 29-9, would eliminate government gun databases, such as those kept by law enforcement agencies that track gun sales through pawn shops. Exemptions were added on the Senate floor, including one for ongoing criminal investigations.
The House has its own gun range bill, which would create a user fee system to fund a state-run cleanup program, but sponsor Dennis Baxley, R-Ocala, said he expects the House to now take up the Senate version next week.
The Senate bill is more in line with what Gov. Jeb Bush wanted, although he still has some concerns with the legislation, said spokeswoman Alia Faraj.
The gun range issue has been hotly debated since the state Department of Environmental Protection sued Skyway Trap and Skeet Club for not cleaning up pollution on its land caused by the lead in bullets fired at the range. The NRA had sought blanket immunity for gun range owners, but was pleased with the early success.
"People who fail to get started early end up having to wait until the last day of session and don't have an opportunity to accurately work their bills," said Marion Hammer, the NRA's lobbyist in Tallahassee.
Only Democrats voted against the two gun bills, with one exception: Sen. Lisa Carlton, R-Sarasota, joined them in voting against the gun registry bill.
Lawmakers have taken on controversial legislation earlier in this election-year session than they have in past years, which have been marked by marathon-long special sessions. But King said he viewed both gun bills as centrist.
"I'm not surprised by the deliberation. In both cases there were middle grounds that were chosen," King said. "I think the NRA probably is disappointed in some of the things they wanted but didn't get."
The gun range bill grants immunity from state lawsuits to companies that agree to follow sound environmental practices.
Gun ranges would have until Jan. 1, 2006, to comply with management practices that would be distributed by the state DEP by Jan. 1, 2005. Ranges that don't make a "good faith effort" could still be sued.
The bill also would dissolve the state's pending lawsuit against Skyway Trap and Skeet Club, which inspired the legislation as well as much of the debate on the Senate floor Thursday. The bill also would allow Skyway to sue the state and recoup millions in lost income, damages, court costs and attorneys fees.
"This legislation is about a lawsuit for one range, the Skyway shooting range," said Sen. Tony Hill, D-Jacksonville. "It's going to make the lawsuit go away, and now we're going to make the citizens of Florida pay."
Although Audubon of Florida, Sierra Club and Florida Consumer Action Network oppose the legislation, several senators said it would improve the environment by holding gun ranges responsible for cleaning themselves up.
"This is not an immunity bill, this is a gun bill that makes immunity a carrot," said Sen. Rod Smith, D-Alachua. "If you don't participate in the cleanup, you're ultimately going to be sued."
The bill eliminating gun databases changed on the Senate floor Wednesday and Thursday, granting exemptions to allow gun records to be kept for criminal investigations, civil proceedings and those committed under the state mental health laws. It will now bounce back to the House, which passed the bill earlier this month without the exemptions.
The Police Benevolent Association and Florida Sheriff's Association support the amended Senate bill.
The law would affect several Tampa Bay area law enforcement agencies that keep records of guns, among other things, sold at pawn shops, including the St. Petersburg Police Deparment, Hillsborough Sheriff's Office, Pasco County Sheriff's Office and Hernando County Sheriff's Office.
"We may have to hire a position to go in and make sure those guns are expunged within the 60-day period," said Lt. Rod Reder, Hillsborough sheriff's spokesman. "It's livable, but once again, more administrative duties."
The governor has said he'd likely support the bill if it reaches his desk.
The First Amendment Foundation is opposed to the bill, because it removes information from the public record, making it more difficult for law enforcement officials to track who is buying and selling guns.
While pawnbroker transactions "delivered to law enforcement" are confidential, gun registries created by police are subject to open records law, said Barbara Petersen, president of the First Amendment Foundation, a nonpartisan, open government advocacy organization. Neither the Senate nor the House have treated the bill as a public records exemption, although two-thirds of both did approve the law.
