“Adrienne and Eugene Gartman want to sue their new neighbor for nuisance. For almost two decades, the couple enjoyed living on their property in rural Okaloosa County. Then Appellees purchased an adjoining property, constructed a private shooting range, and opened for business. So the Gartmans sued the Range and raised a nuisance claim, arguing that the Range’s operations cause unreasonable noise that interferes with the Gartmans’ use and enjoyment of their property. But the trial court refused to even consider the merits of their claim. Relying on section 823.16, Florida Statutes—which expressly exempts sport shooting ranges from civil liability in ‘any matter’ related to noise and declares such ranges are ‘not subject to an action for nuisance’—the trial court granted summary judgment for the Range on the Gartmans’ noise-based nuisance claim. We now must consider whether section 823.16, as applied to the Gartmans, denies their right to access the courts under article I, section 21 of the Florida Constitution. We conclude that it does, and we reverse the portion of the trial court’s order granting judgment on the noise-based nuisance claim and remand for further proceedings. We affirm as to all other issues raised.
I.
In 1998, Adrienne and Eugene Gartman purchased eighty acres of property in Holt, Florida, a rural community in Okaloosa County. The Gartmans live on this land. Their personal residence is at the center of the property and along the parcel’s southern boundary sits a substantial system of barns and other outbuildings. These structures house farm equipment, horse stables, and a bunkhouse for workers. Other portions of the cleared property are used to pasture horses, cattle, and other animals. The Gartmans’ children and grandchildren visit the property often to enjoy recreational activities and learn about agriculture.
In 2017, nearly twenty years after the Gartmans bought their property, BITN, LLC, and its subsidiary company, Southern Tactical Range, LLC, purchased about two hundred acres of adjoining land immediately south of the Gartmans’ property. They soon began to permit and construct the Range, now known as the Element Training Complex. The Range opened for business in 2018, offering 240 shooting stations, along with long range sniper shooting, machine gun training, 360-degree rifle and pistol events, and cowboy shooting events. At first for civilian use, the Range became a contracted facility for both military and law enforcement training activities as well.
While the Range was still under construction, the Gartmans sued for private nuisance, seeking a permanent injunction and damages. The Range moved to dismiss the complaint, arguing that the Gartmans failed to state a cause of action for nuisance because operations had not yet begun. Once the Range opened for business, the Gartmans amended their complaint, alleging that the Range’s operations and noise significantly interfered with their daily lives and activities, such as working in their yard, eating meals, watching television, and reading.
The Range moved for summary judgment, arguing in part that it was immune from liability for noise-related nuisances under sections 823.16(2) and (3), Florida Statutes (2018). The Gartmans responded by arguing that section 823.16 was unconstitutional as applied to them and violated their due process rights and right to access the courts under article I, section 21 of the Florida Constitution. After a hearing, the trial court found that the Range qualified for the exemption from civil liability under section 823.16(2) and concluded that the Gartmans’ noise claims were non-actionable, in nuisance or otherwise. The trial court also found that the Range qualified as a “sport shooting range” under section 823.16(1)(c), that it was permitted as a gun range, and complied with the local noise control laws. Without explanation, the trial court also rejected the Gartmans’ as-applied constitutional challenge to section 823.16 under Florida’s access-to-courts provision.”
Eugene Gartman, Adrienne Gartman v. Southern Tactical Tange, LLC, BITN, LLC, First District Court of Appeal, State of Florida, No. 1D2022-3567, July 23, 2025.
Those are not my words. They are the words of the First District Court uttered on the morning of July 23rd, yesterday as this article is written, but I have known the truth of those words ever since I first met the Gartmans about this issueseven years ago.
The horrible injustice is that it took six years for the Court to decide that the statute is unconstitutional. The history of this statute shows that it was written by the NRA and literally handed to a legislator, and it was passed without significant discussion or debate.
Our politics have become so molded to special interests and, frankly, to money, that people like the Gartmans and countless others have been hurt. Had this gun range been a 24-hour concrete plant, or a 200-acre Picadilly Circus, it would never have been permitted, and certainly the courts would not have needed years to decide whether the well-established common law of nuisance would apply.
I was trained as an Army forward observer and an artillery unit commander. I’ve had guns all my life, and I respect them. But I have no respect for the disregard of others evidenced by this statute.
The appellate court addressed only the noise of a 24-hour, 360° gun range. But there is not one intelligent human being living next door to whom it would not occur that if one of those weapons bumped its aim even slightly, the bullets would not go where it’s aimed. If that’s true, then any high school physics student could tell you that where those bullets come down is merely a function of elevation, the force behind the bullet, and direction. Try sleeping next door with that thought. If it’s not too noisy to sleep.
The lesson that I hope springs from this case is that every human in America should have Constitutional rights, not just those who shoot guns.
Mike Chesser
Board Certified Real Estate Attorney
Board Certified, Local Government Law
President, Old South Land Title, Inc.
President, Chesser & Barr, P.A.
1201 Eglin Parkway
Shalimar, FL 32579
(850) 651-9944
mike@chesserbarr.com