Florida Carry, Inc. v. University of North Florida
133 So. 3d 966
Fla. Dist. Ct. App.2013Background
- UNF policy 14.0080P prohibits a weapon or destructive device in a vehicle on UNF property, defining firearms as weapons under § 790.001(6).
- § 790.115 generally bars firearm possession on school property, with a securely encased firearm allowed in a vehicle and waivers for student and campus parking privileges available to school districts, not colleges.
- Lainez (UNF student) and Florida Carry challenged UNF’s regulation as unauthorized given § 790.115’s waiver only for school districts, not universities.
- Trial court denied the temporary injunction and dismissed; it held UNF could waive the secure-encasement rule under a broad interpretation of “school district.”
- On appeal, the court sua sponte raised questions about university authority under Article IX, § 7, and preemption under § 790.33, with briefing requested accordingly.
- The majority reversed, holding UNF lacks statutory authority to waive § 790.115(2)(a)3 and that § 790.33 preempts state-governmental regulation of firearms by universities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can UNF waive the secure-encasement exception? | Lainez/Florida Carry contend UNF is not a school district and cannot waive the exception. | UNF argues § 790.115(2)(a)3 allows districts to waive the exception, and UNF may implement it via policy. | UNF cannot waive the exception; not a school district. |
| Does § 790.33 preempt university firearm regulation? | Legislature occupies the entire field of firearms regulation; preempts university rules. | Board of Governors/UNF may regulate under constitutional authority and statutory delegation. | § 790.33 preempts UNF from independently regulating firearms on campus. |
| Does Article IX, § 7 grant independent authority to UNF to regulate firearms on campus? | Board of Governors has broad control over the university system, possibly overriding state law. | The clause does not confer power to override firearm statutes; regulation must align with law. | Article IX, § 7 does not authorize UNF to override §§ 790.115/790.33; statutory framework prevails. |
| Is UNF’s policy a ‘school district’ waiver issue under § 790.115(2)(a)3 or a broader authority issue? | Policy falls within university governance and could be supported by Article IX, § 7. | The policy is tied to § 790.115(2)(a)3’s waiver by school districts, not universities. | Statutory waiver language applies only to school districts; UNF lacks waiver authority. |
Key Cases Cited
- Graham v. Haridopolos, 108 So.3d 597 (Fla. 2013) (board authority limited; analysis used to interpret Article IX scope)
- NAACP, Inc. v. Fla. Bd. of Regents, 876 So.2d 636 (Fla.1st DCA 2004) (board authority and governance of universities cases)
- State Univ. System Governance cases (Graham v. Haridopolos, 75 So.3d 315), 75 So.3d 315 (Fla.1st DCA 2011) (board authority scope in tuition and related decisions)
- Bd. of Trustees v. University of Florida (NAACP lineage), 991 So.2d 924 (Fla.1st DCA 2008) (analysis of statutory interpretation principles in university context)
- Grapeland Heights Civic Ass’n v. City of Miami, 267 So.2d 321 (Fla.1972) (construction of 'law' and enactment by the legislature)
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (Second Amendment bearing arms; limits on regulation context)