Supreme Court of Florida

Nicole "Nikki" Fried v. State of Florida & City of Weston, Florida v. State of Florida

January 19, 2023

Summary

The court approved the First District's decision and held that neither legislative immunity nor governmental function immunity bars the statutory penalties and civil actions authorized by section 790.33(3)(c), (d), and (f). Legislative immunity is a common-law doctrine that the Legislature abrogated for knowing and willful violations of the firearms-preemption statute, and governmental function immunity does not protect local governments from liability for conduct prohibited by state law. The court reviewed the issues de novo.