| 1 | Representative Gelber offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 148 through 172 and insert: |
| 5 |
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| 6 | (4) TRANSFER OF OWNERSHIP OF FIREARMS IN VIOLATION OF |
| 7 | STATE OR FEDERAL LAWS.--Persons who knowingly transfer ownership |
| 8 | of firearms in violation of state or federal laws are not immune |
| 9 | from prosecution for obstruction of justice or any other offense |
| 10 | related to destruction of records of the transactions. |
| 11 | (5) PENALTIES.-- |
| 12 | (a) Any person who violates a provision of this section |
| 13 | commits a felony of the third degree, punishable as provided in |
| 14 | s. 775.082 or s. 775.083. |
| 15 | (b) Except as required by the provisions of s. 16, Art. I |
| 16 | of the State Constitution or the Sixth Amendment to the United |
| 17 | States Constitution, no public funds shall be used to defend the |
| 18 | unlawful conduct of any person charged with a violation of this |
| 19 | section, unless the charges against such person are dismissed or |
| 20 | such person is determined to be not guilty at trial. |
| 21 | (c) The governmental entity, or the designee of such |
| 22 | governmental entity, in whose service or employ a list, record, |
| 23 | or registry was compiled in violation of this section may be |
| 24 | assessed a fine of not more than $5 million, if the court |
| 25 | determines that the evidence shows that the list, record, or |
| 26 | registry was compiled or maintained with the knowledge or |
| 27 | complicity of the management of the governmental entity. The |
| 28 | Attorney General may bring a civil cause of action to enforce |
| 29 | the fines assessed under this paragraph. |
| 30 | (d) The state attorney in the appropriate jurisdiction |
| 31 | shall investigate complaints of criminal violations of this |
| 32 | section and, where evidence indicates a violation may have |
| 33 | occurred, shall vigorously prosecute violators. |
| 34 | (6) LIBERAL CONSTRUCTION.--This section shall be liberally |
| 35 | construed to effectuate its remedial and deterrent purposes. |
| 36 |
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| 37 | ================ T I T L E A M E N D M E N T ============= |
| 38 | Remove line 11 and insert: |
| 39 |
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| 40 | providing exceptions; providing that persons who knowingly |
| 41 | transfer ownership of firearms in violation of state or |
| 42 | federal laws are not immune from prosecution for |
| 43 | obstruction of justice or any other offense related to |
| 44 | destruction of records of the transactions; providing |
| 45 | criminal penalties for a |