Florida Senate - 2011 CS for SB 956
By the Committee on Criminal Justice; and Senator Hays
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:
(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.