HB 0155 2004
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to firearm records; creating s. 790.335,
12	F.S.; providing legislative findings and intent;
13	prohibiting the creation or maintenance of any list,
14	record, or registry of privately owned firearms or any
15	list, record, or registry of the owners of those firearms;
16	providing exceptions; providing criminal penalties for a
17	violation of the act; providing for the imposition of
18	civil fines on certain governmental entities; authorizing
19	the Attorney General to enforce the civil penalties
20	against governmental agencies; requiring the state
21	attorney to vigorously prosecute criminal violators of
22	this act; prohibiting the expenditure of public funds for
23	defense counsel for persons charged with a violation of
24	this act; providing exceptions; requiring liberal
25	construction of the act; providing for application to
26	records already in existence; providing an effective date.
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28	Be It Enacted by the Legislature of the State of Florida:
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30	Section 1. Section 790.335, Florida Statutes, is created
31	to read:
32	790.335 Prohibition of registration of firearms.--
33	(1) LEGISLATIVE FINDINGS AND INTENT.--
34	(a) The Legislature finds and declares that:
35	1. The right of individuals to keep and bear arms is
36	guaranteed under both the Second Amendment to the United States
37	Constitution and s. 8, Art. I of the State Constitution.
38	2. A list, record, or registry of legally owned firearms
39	or law-abiding firearm owners is not a law enforcement tool and
40	can become an instrument for profiling, harassing, or abusing
41	law-abiding citizens based on their choice to own a firearm and
42	exercise their Second Amendment right to keep and bear arms as
43	guaranteed under the United States Constitution. Further, such a
44	list, record, or registry has the potential to fall into the
45	wrong hands and become a shopping list for thieves.
46	3. A list, record, or registry of legally owned firearms
47	or law-abiding firearm owners is not a tool for fighting
48	terrorism, but rather is an instrument that can be used as a
49	means to profile innocent citizens and to harass and abuse
50	American citizens based solely on their choice to own firearms
51	and exercise their Second Amendment right to keep and bear arms
52	as guaranteed under the United States Constitution.
53	4. Law-abiding firearm owners whose names have been
54	illegally recorded in a list, record, or registry are entitled
55	to redress.
56	(b) The Legislature intends through the provisions of this
57	section to:
58	1. Protect the right of individuals to keep and bear arms
59	as guaranteed under both the Second Amendment to the United
60	States Constitution and s. 8, Art. I of the State Constitution.
61	2. Protect the privacy rights of law-abiding firearm
62	owners.
63	(2) PROHIBITIONS.--No state governmental agency or local
64	government, special district, or other political subdivision or
65	official, agent, or employee of such state or other governmental
66	entity or any other person, public or private, shall keep or
67	cause to be kept any list, record, or registry of privately
68	owned firearms or any list, record, or registry of the owners of
69	those firearms.
70	(3) EXCEPTIONS.--The provisions of this section shall not
71	apply to:
72	(a) Records of firearms which have been used in committing
73	any crime.
74	(b) Records relating to any person who has been convicted
75	of a crime.
76	(c) Records of firearms that have been reported stolen
77	which are retained for a period not in excess of 30 days after
78	such firearms are recovered.
79	(d) Firearm records which must be retained by firearm
80	dealers under federal law, including copies of such records
81	transmitted to law enforcement agencies. However, no state
82	governmental agency or local government, special district, or
83	other political subdivision or official, agent, or employee of
84	such state or other governmental entity or any other person,
85	private or public, shall accumulate, compile, computerize, or
86	otherwise collect or convert such written records into any form
87	of list, registry, or database for any purpose.
88	(e)1. Records kept pursuant to the recordkeeping
89	provisions of s. 790.065; however, nothing in this section shall
90	be construed to authorize the public release or inspection of
91	records which are made confidential and exempt from the
92	provisions of s. 119.07(1) by s. 790.065(4)(a).
93	2. Nothing in this paragraph shall be construed to allow
94	the maintaining of records containing the names of purchasers or
95	transferees who receive unique approval numbers or the
96	maintaining of records of firearm transactions.
97	(f) Firearm records required by chapters 538 and 539.
98	1. Electronic firearm records held pursuant to chapter 538
99	may only be kept by a secondhand dealer for 30 days after the
100	date of the purchase of the firearm by the secondhand dealer.
101	2. Electronic firearm records held pursuant to chapter 539
102	may only be kept by a pawnbroker for 30 days after the
103	expiration of the loan which is secured by a firearm.
104	3. Except as required by federal law, any firearm records
105	kept pursuant to chapter 538 or chapter 539 shall not, at any
106	time, be electronically transferred to any public or private
107	entity, agency, business, or enterprise, nor shall any such
108	records be copied or transferred for purposes of accumulation of
109	such records into lists, registries, or databases.
110	4. Notwithstanding subparagraph 3., secondhand dealers and
111	pawnbrokers may electronically submit firearm transaction
112	records to the appropriate law enforcement agencies as required
113	by chapters 538 and 539; however, the law enforcement agencies
114	may not electronically submit such records to any other person
115	or entity and must destroy such records within 30 days after
116	receipt of such records.
117	(g) Records kept by the Department of Law Enforcement of
118	NCIC transactions to the extent required by federal law and a
119	log of dates of requests for criminal history record checks,
120	unique approval and nonapproval numbers, license identification
121	numbers, and transaction numbers corresponding to such dates.
122	(h) Records of an insurer which, as a condition to
123	providing insurance against theft or loss of a firearm, identify
124	such firearm. Such records may not be sold, commingled with
125	records relating to other firearms, or transferred to any other
126	person or entity. The insurer may not keep a record of such
127	firearm more than 60 days after the policy of insurance expires
128	or after notification by the insured that the insured is no
129	longer the owner of such firearm.
130	(i) Lists of customers of a firearm dealer retained by
131	such dealer, provided that such lists do not disclose the
132	particular firearms purchased. Such lists, or any parts thereof,
133	may not be sold, commingled with records relating to other
134	firearms, or transferred to any other person or entity.
135	(j) Sales receipts retained by the seller of firearms or
136	by a person providing credit for such purchase, provided that
137	such receipts shall not serve as or be used for the creation of
138	a database for registration of firearms.
139	(k) Personal records of firearms maintained by the owner
140	of such firearms.
141	(l) Records maintained by a business which stores or acts
142	as the selling agent of firearms on behalf of the lawful owner
143	of the firearms.
144	(m) Membership lists of organizations comprised of firearm
145	owners.
146	(n) Records maintained by an employer or contracting
147	entity of the firearms owned by its officers, employees, or
148	agents, if such firearms are used in the course of business
149	performed on behalf of the employer.
150	(o) Records maintained pursuant to s. 790.06 by the
151	Department of Agriculture and Consumer Services of a person who
152	was a licensee within the prior 2 years.
153	(4) PENALTIES.--
154	(a) Any person who violates a provision of this section
155	commits a felony of the third degree, punishable as provided in
156	s. 775.082 or s. 775.083.
157	(b) Except as required by the provisions of s. 16, Art. I
158	of the State Constitution or the Sixth Amendment to the United
159	States Constitution, no public funds shall be used to defend the
160	unlawful conduct of any person charged with a violation of this
161	section, unless the charges against such person are dismissed or
162	such person is determined to be not guilty at trial.
163	(c) The governmental entity, or the designee of such
164	governmental entity, in whose service or employ a list, record,
165	or registry was compiled in violation of this section may be
166	assessed a fine of not more than $5 million, if the court
167	determines that the evidence shows that the list, record, or
168	registry was compiled or maintained with the knowledge or
169	complicity of the management of the governmental entity. The
170	Attorney General may bring a civil cause of action to enforce
171	the fines assessed under this paragraph.
172	(d) The state attorney in the appropriate jurisdiction
173	shall investigate complaints of criminal violations of this
174	section and, where evidence indicates a violation may have
175	occurred, shall vigorously prosecute violators.
176	(5) LIBERAL CONSTRUCTION.--This section shall be liberally
177	construed to effectuate its remedial and deterrent purposes.
178	Section 2. Any list, record, or registry maintained or
179	under construction on the effective date of this act shall be
180	destroyed, unless prohibited by law, within 60 calendar days
181	after this act becomes law. Thereafter, failure to destroy any
182	such list, record, or registry may result in prosecution under
183	this act.
184	Section 3. This act shall take effect upon becoming a law.