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Gun range cleanup bill clears last hurdle

The House passes the legislation, which was the top priority of the NRA. The bill now goes to the governor, who said he will sign it.

TALLAHASSEE - Legislation to protect gun ranges that follow state lead pollution guidelines from lawsuits was sent to the governor Thursday after a party-line vote by the Florida House.

The legislation (SB 1156) was prompted by two state lawsuits against a Pinellas Park gun range. Those suits were settled last week at the urging of Gov. Jeb Bush, who said he will sign the bill.

The bill passed the House 80-35.

House Speaker Johnnie Byrd voted for the bill, though he was absent from the chamber. House rules forbid members from casting votes for an absent member.

"He does not know who voted for him; he hopes they voted right," said House spokesman Tom Denham.

The National Rifle Association made the legislation its top priority, pushing for blanket immunity for gun ranges as a way to protect the constitutional rights of gun owners. But lawmakers watered down the bill after Gov. Jeb Bush said he opposed blanket immunity.

Gun ranges can still be sued if they do not follow guidelines to be crafted by the state Department of Environmental Regulation. Those that follow the guidelines will be immune from lawsuits.

Still, the compromise requiring all 243 gun ranges in Florida to follow new guidelines will bring an unprecedented level of state scrutiny because the DEP historically has enforced pollution laws only when complaints were filed.

Gun ranges will have until Jan. 1, 2006, to abide by the guidelines.

The bill would have dissolved lawsuits the state filed against Skyway Trap & Skeet and forced the state to pay attorneys' fees. But the case was settled last week, with the state agreeing to spend $25,000 to assess the pollution and the gun range agreeing to clean up lead pollution from spent ammunition.

"We're rebalancing against the heavy hand of government and the heavy hand of the judiciary," said Rep. Dennis Baxley, R-Ocala, who sponsored the House version of the bill. "It's not finding fault but finding a remedy."

Many environmental groups oppose the bill, partly because government employees could face misdemeanor charges for suing a gun range that makes an effort to comply with state guidelines.

"This sets a bad precedent for paying everyone's attorneys' fees, and it weakens environmental protection," said Rep. Charlie Justice, D-St. Petersburg, who voted against the bill.