In December 2011, the Palm Beach County Board of County Commissioners and several individual commissioners filed suit against the state, challenging HB 45 (2011), the additional firearms preemption bill from the 2011 legislative session. Specifically, the case argues that the penalty provisions extend beyond the power of the Legislature to enact. Specifically, the provision relating to termination of employment "or removal from office by the Governor" contradicts the specific authority of the Governor under the Florida Constitution in cases when a local official is considered for removal from office. In addition, the case challenged the power of the Legislature to intrude on the legislative immunity that is also possessed by county commissioners to exercise their legislative powers. When the case was transferred to Leon County circuit court, Broward County moved to intervene in the matter. The state filed a motion to dismiss, which was granted in part. The court ruled that the counties had named the incorrect defendant on the fine provisions of the bill and dismissed Counts I and II, with prejudice. The court did find that the claims on the Governor's removal power provision had named the proper party. The county appealed the ruling to the First DCA. The First DCA issued a per curiam affirmed ruling, upholding the dismissal of the penalty provision challenge. The counties continued to litigate the issue of removal from office.  Last week, the circuit court found the removal provisions to be unconstitutional as applied to county commissioners. The court declared that §790.33(3)(e) to be unconstitutional, as being contrary to Article IV, §7 of the Florida Constitution (Governor can only suspend and recommend removal of commissioners to Senate), and is a violation of the separation of powers doctrine (Legislature cannot require the Governor to exercise suspension power). The time for the state to appeal has not yet expired.