Fried v. State
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The Supreme Court held that neither the common law doctrine of legislative immunity nor of governmental function immunity prohibited the statutory civil actions and penalties imposed against local governments and officials for certain violations of the firearms preemption statute, Fla. Stat. 790.33.
Petitioners brought suit seeking a declaration from the circuit court that sections 790.33(3)(c),(d) and (f) were invalid because sections 790.33(3)(c) and (d) violated legislative immunity and that section 790.33(3)(f) violated governmental function immunity. The circuit court invalidated the challenged provisions. The court of appeal reversed, holding that the statutory penalty provisions at issue in this case were valid and enforceable. The Supreme Court affirmed, holding that neither legislative immunity nor governmental function immunity prohibited the statutory actions and penalties in section 790.33(3)(c), (d), or (f).
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