Florida Senate - 2011                              CS for SB 956
       By the Committee on Criminal Justice; and Senator Hays
       591-04442-11                                           2011956c1
    1                        A bill to be entitled                      
    2         An act relating to firearms transactions; amending s.
    3         790.065, F.S.; providing that certain laws of this
    4         state regulating firearms transactions do not apply to
    5         transactions by a resident of this state which take
    6         place in another state; repealing s. 790.28, F.S.,
    7         relating to the purchase of rifles and shotguns in
    8         contiguous states by a Florida resident; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (1) of section 790.065, Florida
   14  Statutes, is amended to read:
   15         790.065 Sale and delivery of firearms.—
   16         (1)(a) A licensed importer, licensed manufacturer, or
   17  licensed dealer may not sell or deliver from her or his
   18  inventory at her or his licensed premises any firearm to another
   19  person, other than a licensed importer, licensed manufacturer,
   20  licensed dealer, or licensed collector, until she or he has:
   21         1.(a) Obtained a completed form from the potential buyer or
   22  transferee, which form shall have been promulgated by the
   23  Department of Law Enforcement and provided by the licensed
   24  importer, licensed manufacturer, or licensed dealer, which shall
   25  include the name, date of birth, gender, race, and social
   26  security number or other identification number of such potential
   27  buyer or transferee and has inspected proper identification
   28  including an identification containing a photograph of the
   29  potential buyer or transferee.
   30         2.(b) Collected a fee from the potential buyer for
   31  processing the criminal history check of the potential buyer.
   32  The fee shall be established by the Department of Law
   33  Enforcement and may not exceed $8 per transaction. The
   34  Department of Law Enforcement may reduce, or suspend collection
   35  of, the fee to reflect payment received from the Federal
   36  Government applied to the cost of maintaining the criminal
   37  history check system established by this section as a means of
   38  facilitating or supplementing the National Instant Criminal
   39  Background Check System. The Department of Law Enforcement
   40  shall, by rule, establish procedures for the fees to be
   41  transmitted by the licensee to the Department of Law
   42  Enforcement. All such fees shall be deposited into the
   43  Department of Law Enforcement Operating Trust Fund, but shall be
   44  segregated from all other funds deposited into such trust fund
   45  and must be accounted for separately. Such segregated funds must
   46  not be used for any purpose other than the operation of the
   47  criminal history checks required by this section. The Department
   48  of Law Enforcement, each year prior to February 1, shall make a
   49  full accounting of all receipts and expenditures of such funds
   50  to the President of the Senate, the Speaker of the House of
   51  Representatives, the majority and minority leaders of each house
   52  of the Legislature, and the chairs of the appropriations
   53  committees of each house of the Legislature. In the event that
   54  the cumulative amount of funds collected exceeds the cumulative
   55  amount of expenditures by more than $2.5 million, excess funds
   56  may be used for the purpose of purchasing soft body armor for
   57  law enforcement officers.
   58         3.(c) Requested, by means of a toll-free telephone call,
   59  the Department of Law Enforcement to conduct a check of the
   60  information as reported and reflected in the Florida Crime
   61  Information Center and National Crime Information Center systems
   62  as of the date of the request.
   63         4.(d) Received a unique approval number for that inquiry
   64  from the Department of Law Enforcement, and recorded the date
   65  and such number on the consent form.
   66         (b)However, If the person purchasing, or receiving
   67  delivery of, the firearm is a holder of a valid concealed
   68  weapons or firearms license pursuant to the provisions of s.
   69  790.06 or holds an active certification from the Criminal
   70  Justice Standards and Training Commission as a “law enforcement
   71  officer,” a “correctional officer,” or a “correctional probation
   72  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   73  (9), the provisions of this subsection does do not apply.
   74         (c) This subsection does not apply to the purchase, trade,
   75  or transfer of rifles or shotguns by a resident of this state
   76  when the resident makes such purchase, trade, or transfer from a
   77  licensed importer, licensed manufacturer, or licensed dealer in
   78  another state.
   79         Section 2. Section 790.28, Florida Statutes, is repealed.
   80         Section 3. This act shall take effect upon becoming a law.