Florida Senate - 2020                                     SB 548
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00391-20                                            2020548__
    1                        A bill to be entitled                      
    2         An act relating to firearms; amending s. 790.065,
    3         F.S.; requiring the Department of Law Enforcement to
    4         include on a standard form certain questions
    5         concerning a potential firearm buyer’s or transferee’s
    6         criminal history and other information relating to the
    7         person’s eligibility to make the firearm purchase;
    8         requiring the department to notify certain law
    9         enforcement agencies when a potential sale or transfer
   10         receives a nonapproval number; providing requirements
   11         for the notification of nonapproval; requiring that,
   12         if neither party to a prospective firearms sale,
   13         lease, or transfer is a licensed dealer, the parties
   14         must complete the sale, lease, or transfer through a
   15         licensed dealer; specifying procedures and
   16         requirements for a licensed dealer, seller, lessor, or
   17         transferor and a buyer, lessee, or transferee,
   18         including a required background check; providing
   19         applicability; revising the applicability of certain
   20         requirements imposed on licensed importers, licensed
   21         manufacturers, or licensed dealers; revising
   22         applicability of the prohibition against certain sales
   23         or deliveries of firearms to include certain
   24         purchases, trades, and transfers of a rifle or
   25         shotgun; deleting provisions exempting, under certain
   26         circumstances, a licensed importer, licensed
   27         manufacturer, or licensed dealer from the sale and
   28         delivery requirements; deleting provisions authorizing
   29         a licensee to complete the sale or transfer of a
   30         firearm to a person without receiving notification
   31         from the department informing the licensee as to
   32         whether the person is prohibited from receipt or
   33         possession of a firearm or providing a unique approval
   34         number; prohibiting the sale or transfer, or
   35         facilitation of a sale or transfer, of a firearm to a
   36         person younger than a certain age by any person or
   37         entity; revising an exception to the prohibitions;
   38         amending s. 790.335, F.S.; conforming a cross
   39         reference; providing an effective date.
   40         
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Subsections (1) and (3), paragraph (a) of
   44  present subsection (4), subsection (10), paragraphs (b) and (c)
   45  of present subsection (12), and present subsection (13) of
   46  section 790.065, Florida Statutes, are amended to read:
   47         790.065 Sale and delivery of firearms.—
   48         (1)(a) A licensed importer, licensed manufacturer, or
   49  licensed dealer may not sell or deliver from her or his
   50  inventory at her or his licensed premises any firearm to another
   51  person, other than a licensed importer, licensed manufacturer,
   52  licensed dealer, or licensed collector, until she or he has:
   53         1. Provided to and obtained a completed form from the
   54  potential buyer or transferee a completed form, adopted by the
   55  Department of Law Enforcement, which form shall have been
   56  promulgated by the Department of Law Enforcement and provided by
   57  the licensed importer, licensed manufacturer, or licensed
   58  dealer, which, at a minimum, must shall include the name, date
   59  of birth, gender, race, and social security number or other
   60  identification number of the such potential buyer or transferee;
   61  questions as to any criminal history of the potential buyer or
   62  transferee; and other information relating to his or her
   63  eligibility to purchase a firearm, and has inspected proper
   64  identification, which must include including an identification
   65  containing a photograph of the potential buyer or transferee.
   66         a.If the review of records under subsection (2) indicates
   67  that the potential buyer or transferee is prohibited under state
   68  or federal law from having in her or his care, custody,
   69  possession, or control a firearm and that the potential
   70  transfer, sale, or purchase has received a nonapproval number,
   71  the Department of Law Enforcement shall send notification of the
   72  nonapproval to the federal or state correctional, law
   73  enforcement, prosecutorial, and other criminal justice agencies
   74  that have jurisdiction in the county where the transfer or
   75  purchase was attempted.
   76         b.The Department of Law Enforcement shall, for each
   77  county, identify the federal or state correctional, law
   78  enforcement, prosecutorial, and other criminal justice agencies
   79  that must receive the notification of nonapproval.
   80         c.The notification of nonapproval must include the
   81  identity of the potential buyer or transferee, the identity of
   82  the licensee who made the inquiry, the date and time of issuance
   83  of the nonapproval number, the reason for the nonapproval, and
   84  the location where the attempted purchase or transfer occurred.
   85         d.Except in instances in which a delay is necessary to
   86  avoid compromising an ongoing investigation, in which case the
   87  Department of Law Enforcement may delay notification for as long
   88  as necessary, the department shall notify the required agencies
   89  within 1 week after issuing the notification of nonapproval.
   90  Such notifications, which may be made by any means, whether
   91  oral, written, or electronic, may be aggregated, provided that
   92  they are timely made.
   93         2. Collected a fee from the potential buyer or transferee
   94  for processing the criminal history check of the potential
   95  buyer. The fee shall be established by the Department of Law
   96  Enforcement shall establish the fee, which and may not exceed $8
   97  per transaction. The Department of Law Enforcement may reduce,
   98  or suspend collection of, the fee to reflect payment received
   99  from the Federal Government applied to the cost of maintaining
  100  the criminal history check system established by this section as
  101  a means of facilitating or supplementing the National Instant
  102  Criminal Background Check System. The Department of Law
  103  Enforcement shall, by rule, establish procedures for the fees to
  104  be transmitted by the licensee to the Department of Law
  105  Enforcement. Such procedures must provide that fees may be paid
  106  or transmitted by electronic means, including, but not limited
  107  to, debit cards, credit cards, or electronic funds transfers.
  108  All such fees shall be deposited into the Department of Law
  109  Enforcement Operating Trust Fund, but shall be segregated from
  110  all other funds deposited into the such trust fund and must be
  111  accounted for separately. Such segregated funds must not be used
  112  for any purpose other than the operation of the criminal history
  113  checks required by this section. The Department of Law
  114  Enforcement, each year before February 1, shall make a full
  115  accounting of all receipts and expenditures of such funds to the
  116  President of the Senate, the Speaker of the House of
  117  Representatives, the majority and minority leaders of each house
  118  of the Legislature, and the chairs of the appropriations
  119  committees of each house of the Legislature. In the event that
  120  the cumulative amount of funds collected exceeds the cumulative
  121  amount of expenditures by more than $2.5 million, excess funds
  122  may be used for the purpose of purchasing soft body armor for
  123  law enforcement officers.
  124         3. Requested, by means of a toll-free telephone call or
  125  other electronic means, the Department of Law Enforcement to
  126  conduct a check of the information as reported and reflected in
  127  the Florida Crime Information Center and National Crime
  128  Information Center systems as of the date of the request.
  129         4. Received a unique approval number for that inquiry from
  130  the Department of Law Enforcement, and recorded the date and the
  131  approval such number on the consent form.
  132         (b)1.If neither party to a prospective firearms sale,
  133  lease, or transfer is a licensed dealer, the parties to the
  134  transaction must complete the sale, lease, or transfer through a
  135  licensed dealer as follows:
  136         a. The seller, lessor, or transferor shall deliver the
  137  firearm to a licensed dealer, who shall process the sale, lease,
  138  or transfer as if she or he were the seller, lessor, or
  139  transferor, except that the seller, lessor, or transferor who is
  140  not a licensed dealer may remove the firearm from the business
  141  premises of the licensed dealer while the background check is
  142  being conducted and while the waiting period requirement set
  143  forth in s. 790.0655 is being met. Other than allowing the
  144  unlicensed seller or transferor to remove the firearm from the
  145  licensed dealer’s business premises, the licensed dealer shall
  146  comply with all requirements of federal and state law which
  147  would apply if she or he were the seller, lessor, or transferor
  148  of the firearm;
  149         b. The licensed dealer shall conduct a background check on
  150  the buyer or other transferee as provided in this section and,
  151  unless the transaction is prohibited, and after all other legal
  152  requirements are met, including those set forth in s. 790.0655,
  153  the licensed dealer shall either:
  154         (I) Deliver the firearm to the seller, lessor, or
  155  transferor, who shall complete the transaction and deliver the
  156  firearm to the buyer; or
  157         (II) If the seller, lessor, or transferor has removed the
  158  firearm from the licensed dealer’s business premises, contact
  159  the seller, lessor, or transferor to inform her or him that she
  160  or he may complete the transaction and deliver the firearm to
  161  the buyer; and
  162         c. If the licensed dealer cannot legally complete the
  163  transaction, the dealer must:
  164         (I) Return the firearm to the seller, lessor, or
  165  transferor; or
  166         (II) If the seller, lessor, or transferor has removed the
  167  firearm from the licensed dealer’s business premises, contact
  168  the seller, lessor, or transferor to inform her or him that the
  169  transaction is prohibited and that the seller, lessor, or
  170  transferor may not deliver the firearm to the buyer.
  171         2. This paragraph does not apply to:
  172         a. The activities of the United States Marshals Service,
  173  members of the United States Armed Forces or the National Guard,
  174  or federal officials required to carry firearms while performing
  175  their official duties; or
  176         b. The following activities, unless the lawful owner knows
  177  or has reasonable cause to believe that federal, state, or local
  178  law prohibits the transferee from purchasing or possessing
  179  firearms or that the transferee is likely to use the firearm for
  180  unlawful purposes:
  181         (I) The delivery of a firearm to a gunsmith for service or
  182  repair or the return of the firearm to its owner by the
  183  gunsmith;
  184         (II) The transfer of a firearm to a carrier, warehouseman,
  185  or other person engaged in the business of transportation or
  186  storage, to the extent that the receipt, possession, or having
  187  on or about the person any firearm is in the ordinary course of
  188  business and in conformity with federal, state, and local laws,
  189  and not for the personal use of any such person;
  190         (III) The loan of a firearm solely for the purpose of
  191  shooting at targets, if the loan occurs on the premises of a
  192  properly licensed target facility and if the firearm is at all
  193  times kept within the premises of the target facility;
  194         (IV) The loan of a firearm to a person who is under 18
  195  years of age for lawful hunting, sporting, or educational
  196  purposes while under the direct supervision and control of a
  197  responsible adult;
  198         (V) The loan of a firearm to a person who is 18 years of
  199  age or older if the firearm remains in the person’s possession
  200  only while the person is accompanying the lawful owner and using
  201  the firearm for lawful hunting, sporting, or recreational
  202  purposes; or
  203         (VI) The loan of a firearm to an adult family member of the
  204  lawful owner of the firearm if the lawful owner resides with the
  205  family member but is not present in the residence and the family
  206  member does not maintain control over the firearm for more than
  207  10 consecutive days.
  208  
  209  This subsection does not apply (b)However, if the person
  210  purchasing, or receiving delivery of, the firearm is a holder of
  211  a valid concealed weapons or firearms license pursuant to the
  212  provisions of s. 790.06 or holds an active certification from
  213  the Criminal Justice Standards and Training Commission as a “law
  214  enforcement officer,” a “correctional officer,” or a
  215  “correctional probation officer” as defined in s. 943.10(1),
  216  (2), (3), (6), (7), (8), or (9), this subsection does not apply.
  217         (c) This subsection does not apply to the purchase, trade,
  218  or transfer of a rifle or shotgun by a resident of this state
  219  when the resident makes such purchase, trade, or transfer from a
  220  licensed importer, licensed manufacturer, or licensed dealer in
  221  another state.
  222         (3) In the event of scheduled computer downtime, electronic
  223  failure, or similar emergency beyond the control of the
  224  Department of Law Enforcement, the department shall immediately
  225  notify the licensee of the reason for, and estimated length of,
  226  such delay. After such notification, the department shall
  227  forthwith, and in no event later than the end of the next
  228  business day of the licensee, either inform the requesting
  229  licensee if its records demonstrate that the buyer or transferee
  230  is prohibited from receipt or possession of a firearm pursuant
  231  to Florida and Federal law or provide the licensee with a unique
  232  approval number. Unless notified by the end of said next
  233  business day that the buyer or transferee is so prohibited, and
  234  without regard to whether she or he has received a unique
  235  approval number, the licensee may complete the sale or transfer
  236  and shall not be deemed in violation of this section with
  237  respect to such sale or transfer.
  238         (3)(a)(4)(a) Any records containing any of the information
  239  set forth in subsection (1) pertaining to a buyer or transferee
  240  who is not found to be prohibited from receipt or transfer of a
  241  firearm by reason of state Florida and federal law which records
  242  are created by the Department of Law Enforcement to conduct the
  243  criminal history record check shall be confidential and exempt
  244  from the provisions of s. 119.07(1) and may not be disclosed by
  245  the Department of Law Enforcement or any officer or employee
  246  thereof to any person or to another agency. The Department of
  247  Law Enforcement shall destroy any such records forthwith after
  248  it communicates the approval and nonapproval numbers to the
  249  licensee and, in any event, such records shall be destroyed
  250  within 48 hours after the day of the response to the licensee’s
  251  request.
  252         (10) A licensed importer, licensed manufacturer, or
  253  licensed dealer is not required to comply with the requirements
  254  of this section in the event of:
  255         (a) Unavailability of telephone service at the licensed
  256  premises due to the failure of the entity which provides
  257  telephone service in the state, region, or other geographical
  258  area in which the licensee is located to provide telephone
  259  service to the premises of the licensee due to the location of
  260  said premises; or the interruption of telephone service by
  261  reason of hurricane, tornado, flood, natural disaster, or other
  262  act of God, war, invasion, insurrection, riot, or other bona
  263  fide emergency, or other reason beyond the control of the
  264  licensee; or
  265         (b) Failure of the Department of Law Enforcement to comply
  266  with the requirements of subsections (2) and (3).
  267         (10)(12)
  268         (b) Any licensed importer, licensed manufacturer, or
  269  licensed dealer who violates the provisions of subsection (1)
  270  commits a felony of the third degree, punishable as provided in
  271  s. 775.082 or s. 775.083.
  272         (c) Any employee or agency of a licensed importer, licensed
  273  manufacturer, or licensed dealer who violates the provisions of
  274  subsection (1) commits a felony of the third degree, punishable
  275  as provided in s. 775.082 or s. 775.083.
  276         (11)(13) A person younger than 21 years of age may not
  277  purchase a firearm, and a person may not sell or transfer. The
  278  sale or transfer of a firearm to a person younger than 21 years
  279  of age may not be made or facilitated by a licensed importer,
  280  licensed manufacturer, or licensed dealer. The sale or transfer
  281  of a firearm to a person younger than 21 years of age may not be
  282  facilitated by any other person or entity on behalf of the
  283  person younger than 21 years of age. A person who violates this
  284  subsection commits a felony of the third degree, punishable as
  285  provided in s. 775.082, s. 775.083, or s. 775.084. The
  286  prohibitions of This subsection does do not apply to the
  287  purchase of a rifle or shotgun by a law enforcement officer or
  288  correctional officer, as those terms are defined in s.
  289  943.10(1), (2), (3), (6), (7), (8), or (9), or by a person on
  290  active duty in the Armed Forces of the United States or full
  291  time duty in the National Guard a servicemember as defined in s.
  292  250.01.
  293         Section 2. Paragraph (e) of subsection (3) of section
  294  790.335, Florida Statutes, is amended to read:
  295         790.335 Prohibition of registration of firearms; electronic
  296  records.—
  297         (3) EXCEPTIONS.—The provisions of this section shall not
  298  apply to:
  299         (e)1. Records kept pursuant to the recordkeeping provisions
  300  of s. 790.065; however, nothing in this section shall be
  301  construed to authorize the public release or inspection of
  302  records that are made confidential and exempt from the
  303  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  304         2. Nothing in this paragraph shall be construed to allow
  305  the maintaining of records containing the names of purchasers or
  306  transferees who receive unique approval numbers or the
  307  maintaining of records of firearm transactions.
  308         Section 3. This act shall take effect July 1, 2020.