Florida Senate - 2018                                    SB 1476
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00754-18                                           20181476__
    1                        A bill to be entitled                      
    2         An act relating to the prohibited recordkeeping of
    3         firearms or firearm owners; repealing s. 790.335,
    4         F.S., relating to the prohibition of registration of
    5         firearms and the treatment of electronic records;
    6         repealing s. 790.336, F.S., relating to lists,
    7         records, or registries required to be destroyed;
    8         amending ss. 409.175 and 790.0625, F.S.; conforming
    9         provisions to changes made by the act; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 790.335, Florida Statutes, is amended to
   15  read:
   16         790.335 Prohibition of registration of firearms; electronic
   17  records.—
   18         (1) LEGISLATIVE FINDINGS AND INTENT.—
   19         (a) The Legislature finds and declares that:
   20         1. The right of individuals to keep and bear arms is
   21  guaranteed under both the Second Amendment to the United States
   22  Constitution and s. 8, Art. I of the State Constitution.
   23         2. A list, record, or registry of legally owned firearms or
   24  law-abiding firearm owners is not a law enforcement tool and can
   25  become an instrument for profiling, harassing, or abusing law
   26  abiding citizens based on their choice to own a firearm and
   27  exercise their Second Amendment right to keep and bear arms as
   28  guaranteed under the United States Constitution. Further, such a
   29  list, record, or registry has the potential to fall into the
   30  wrong hands and become a shopping list for thieves.
   31         3. A list, record, or registry of legally owned firearms or
   32  law-abiding firearm owners is not a tool for fighting terrorism,
   33  but rather is an instrument that can be used as a means to
   34  profile innocent citizens and to harass and abuse American
   35  citizens based solely on their choice to own firearms and
   36  exercise their Second Amendment right to keep and bear arms as
   37  guaranteed under the United States Constitution.
   38         4. Law-abiding firearm owners whose names have been
   39  illegally recorded in a list, record, or registry are entitled
   40  to redress.
   41         (b) The Legislature intends through the provisions of this
   42  section to:
   43         1. Protect the right of individuals to keep and bear arms
   44  as guaranteed under both the Second Amendment to the United
   45  States Constitution and s. 8, Art. I of the State Constitution.
   46         2. Protect the privacy rights of law-abiding firearm
   47  owners.
   48         (2) PROHIBITIONS.—No state governmental agency or local
   49  government, special district, or other political subdivision or
   50  official, agent, or employee of such state or other governmental
   51  entity or any other person, public or private, shall knowingly
   52  and willfully keep or cause to be kept any list, record, or
   53  registry of privately owned firearms or any list, record, or
   54  registry of the owners of those firearms.
   55         (3) EXCEPTIONS.—The provisions of this section shall not
   56  apply to:
   57         (a) Records of firearms that have been used in committing
   58  any crime.
   59         (b) Records relating to any person who has been convicted
   60  of a crime.
   61         (c) Records of firearms that have been reported stolen that
   62  are retained for a period not in excess of 10 days after such
   63  firearms are recovered. Official documentation recording the
   64  theft of a recovered weapon may be maintained no longer than the
   65  balance of the year entered, plus 2 years.
   66         (d) Firearm records that must be retained by firearm
   67  dealers under federal law, including copies of such records
   68  transmitted to law enforcement agencies. However, no state
   69  governmental agency or local government, special district, or
   70  other political subdivision or official, agent, or employee of
   71  such state or other governmental entity or any other person,
   72  private or public, shall accumulate, compile, computerize, or
   73  otherwise collect or convert such written records into any form
   74  of list, registry, or database for any purpose.
   75         (e)1. Records kept pursuant to the recordkeeping provisions
   76  of s. 790.065; however, nothing in this section shall be
   77  construed to authorize the public release or inspection of
   78  records that are made confidential and exempt from the
   79  provisions of s. 119.07(1) by s. 790.065(4)(a).
   80         2. Nothing in this paragraph shall be construed to allow
   81  the maintaining of records containing the names of purchasers or
   82  transferees who receive unique approval numbers or the
   83  maintaining of records of firearm transactions.
   84         (f) Firearm records, including paper pawn transaction forms
   85  and contracts on firearm transactions, required by chapters 538
   86  and 539.
   87         1. Electronic firearm records held pursuant to chapter 538
   88  may only be kept by a secondhand dealer for 30 days after the
   89  date of the purchase of the firearm by the secondhand dealer.
   90         2. Electronic firearm records held pursuant to chapter 539
   91  may only be kept by a pawnbroker for 30 days after the
   92  expiration of the loan that is secured by a firearm or 30 days
   93  after the date of purchase of a firearm, whichever is
   94  applicable.
   95         3. Except as required by federal law, any firearm records
   96  kept pursuant to chapter 538 or chapter 539 shall not, at any
   97  time, be electronically transferred to any public or private
   98  entity, agency, business, or enterprise, nor shall any such
   99  records be copied or transferred for purposes of accumulation of
  100  such records into lists, registries, or databases.
  101         4. Notwithstanding subparagraph 3., secondhand dealers and
  102  pawnbrokers may electronically submit firearm transaction
  103  records to the appropriate law enforcement agencies as required
  104  by chapters 538 and 539; however, the law enforcement agencies
  105  may not electronically submit such records to any other person
  106  or entity and must destroy such records within 60 days after
  107  receipt of such records.
  108         5. Notwithstanding subparagraph 3., secondhand dealers and
  109  pawnbrokers may electronically submit limited firearms records
  110  consisting solely of the manufacturer, model, serial number, and
  111  caliber of pawned or purchased firearms to a third-party private
  112  provider that is exclusively incorporated, exclusively owned,
  113  and exclusively operated in the United States and that restricts
  114  access to such information to only appropriate law enforcement
  115  agencies for legitimate law enforcement purposes. Such records
  116  must be destroyed within 30 days by the third-party provider. As
  117  a condition of receipt of such records, the third-party provider
  118  must agree in writing to comply with the requirements of this
  119  section. Any pawnbroker or secondhand dealer who contracts with
  120  a third-party provider other than as provided in this act or
  121  electronically transmits any records of firearms transactions to
  122  any third-party provider other than the records specifically
  123  allowed by this paragraph commits a felony of the second degree,
  124  punishable as provided in s. 775.082 or s. 775.083.
  125         (g) Records kept by the Department of Law Enforcement of
  126  NCIC transactions to the extent required by federal law and a
  127  log of dates of requests for criminal history record checks,
  128  unique approval and nonapproval numbers, license identification
  129  numbers, and transaction numbers corresponding to such dates.
  130         (h) Records of an insurer that, as a condition to providing
  131  insurance against theft or loss of a firearm, identify such
  132  firearm. Such records may not be sold, commingled with records
  133  relating to other firearms, or transferred to any other person
  134  or entity. The insurer may not keep a record of such firearm
  135  more than 60 days after the policy of insurance expires or after
  136  notification by the insured that the insured is no longer the
  137  owner of such firearm.
  138         (i) Lists of customers of a firearm dealer retained by such
  139  dealer, provided that such lists do not disclose the particular
  140  firearms purchased. Such lists, or any parts thereof, may not be
  141  sold, commingled with records relating to other firearms, or
  142  transferred to any other person or entity.
  143         (j) Sales receipts retained by the seller of firearms or by
  144  a person providing credit for such purchase, provided that such
  145  receipts shall not serve as or be used for the creation of a
  146  database for registration of firearms.
  147         (k) Personal records of firearms maintained by the owner of
  148  such firearms.
  149         (l) Records maintained by a business that stores or acts as
  150  the selling agent of firearms on behalf of the lawful owner of
  151  the firearms.
  152         (m) Membership lists of organizations comprised of firearm
  153  owners.
  154         (n) Records maintained by an employer or contracting entity
  155  of the firearms owned by its officers, employees, or agents, if
  156  such firearms are used in the course of business performed on
  157  behalf of the employer.
  158         (o) Records maintained pursuant to s. 790.06 by the
  159  Department of Agriculture and Consumer Services of a person who
  160  was a licensee within the prior 2 years.
  161         (p) Records of firearms involved in criminal
  162  investigations, criminal prosecutions, criminal appeals, and
  163  postconviction motions, civil proceedings relating to the
  164  surrender or seizure of firearms including protective
  165  injunctions, Baker Act commitments, and sheriff’s levies
  166  pursuant to court judgments, and voluntary surrender by the
  167  owner or custodian of the firearm.
  168         (q) Paper documents relating to firearms involved in
  169  criminal cases, criminal investigations, and criminal
  170  prosecutions, civil proceedings relating to the surrender or
  171  seizure of firearms including protective injunctions, Baker Act
  172  commitments, and sheriff’s levies pursuant to court judgments,
  173  and voluntary surrender by the owner or custodian of the
  174  firearm.
  175         (r) Noncriminal records relating to the receipt, storage or
  176  return of firearms, including, but not limited to, records
  177  relating to firearms impounded for storage or safekeeping,
  178  receipts proving that a firearm was returned to the rightful
  179  owner and supporting records of identification and proof of
  180  ownership, or records relating to firearms impounded pursuant to
  181  levies or court orders, provided, however, that such records
  182  shall not be compiled, sorted, or otherwise arranged into any
  183  lists, indexes, or registries of firearms or firearms owners.
  184         (4) PENALTIES.—
  185         (a) Any person who, or entity that, violates a provision of
  186  this section commits a felony of the third degree, punishable as
  187  provided in s. 775.082 or s. 775.083.
  188         (b) Except as required by the provisions of s. 16, Art. I
  189  of the State Constitution or the Sixth Amendment to the United
  190  States Constitution, no public funds shall be used to defend the
  191  unlawful conduct of any person charged with a violation of this
  192  section, unless the charges against such person are dismissed or
  193  such person is determined to be not guilty at trial.
  194  Notwithstanding this paragraph, public funds may be expended to
  195  provide the services of the office of public defender or court
  196  appointed conflict counsel as provided by law.
  197         (c) The governmental entity, or the designee of such
  198  governmental entity, in whose service or employ a list, record,
  199  or registry was compiled in violation of this section may be
  200  assessed a fine of not more than $5 million, if the court
  201  determines that the evidence shows that the list, record, or
  202  registry was compiled or maintained with the knowledge or
  203  complicity of the management of the governmental entity. The
  204  Attorney General may bring a civil cause of action to enforce
  205  the fines assessed under this paragraph.
  206         (d) The state attorney in the appropriate jurisdiction
  207  shall investigate complaints of criminal violations of this
  208  section and, where evidence indicates a violation may have
  209  occurred, shall prosecute violators.
  210         (5) ELECTRONIC RECORDS.—Secondhand dealers and pawnbrokers
  211  who electronically submit firearms transaction records to the
  212  appropriate law enforcement agencies as required by chapters 538
  213  and 539 shall submit the name of the manufacturer and caliber
  214  information of each firearm in Florida Crime Information Center
  215  coding, and shall include the model and serial number of each
  216  firearm.
  217         (6) CONSTRUCTION.—This section shall be construed to
  218  effectuate its remedial and deterrent purposes. This section may
  219  not be construed to grant any substantive, procedural privacy
  220  right or civil claim to any criminal defendant, and a violation
  221  of this section may not be grounds for the suppression of
  222  evidence in any criminal case.
  223         Section 2. Section 790.336, Florida Statutes, is amended to
  224  read:
  225         790.336 Lists, records, or registries to be destroyed.—Any
  226  list, record, or registry maintained or under construction on
  227  the effective date of this act shall be destroyed, unless
  228  prohibited by law, within 60 calendar days after this act
  229  becomes law. Thereafter, failure to destroy any such list,
  230  record, or registry may result in prosecution under this act.
  231         Section 3. Paragraph (b) of subsection (5) and paragraph
  232  (b) of subsection (9) of section 409.175, Florida Statutes, are
  233  amended to read:
  234         409.175 Licensure of family foster homes, residential
  235  child-caring agencies, and child-placing agencies; public
  236  records exemption.—
  237         (5)
  238         (b) The requirements for the licensure and operation of a
  239  child-placing agency shall also include compliance with the
  240  requirements of s. ss. 63.0422 and 790.335.
  241         (9)
  242         (b) Any of the following actions by a home or agency or its
  243  personnel is a ground for denial, suspension, or revocation of a
  244  license:
  245         1. An intentional or negligent act materially affecting the
  246  health or safety of children in the home or agency.
  247         2. A violation of the provisions of this section or of
  248  licensing rules promulgated pursuant to this section.
  249         3. Noncompliance with the requirements for good moral
  250  character as specified in paragraph (5)(a).
  251         4. Failure to dismiss personnel found in noncompliance with
  252  requirements for good moral character.
  253         5. Failure to comply with the requirements of s. ss.
  254  63.0422 and 790.335.
  255         Section 4. Paragraph (a) of subsection (6) of section
  256  790.0625, Florida Statutes, is amended to read:
  257         790.0625 Appointment of tax collectors to accept
  258  applications for a concealed weapon or firearm license; fees;
  259  penalties.—
  260         (6)(a) A tax collector appointed under this section may not
  261  maintain a list or record of persons who apply for or are
  262  granted a new or renewal license to carry a concealed weapon or
  263  firearm. A tax collector who violates this paragraph commits a
  264  felony of the third degree, punishable as provided in s. 775.082
  265  or s. 775.083 violation of this paragraph is subject to s.
  266  790.335.
  267         Section 5. This act shall take effect July 1, 2018.