Florida Senate - 2018                                     SB 334
       By Senator Bracy
       11-00412-18                                            2018334__
    1                        A bill to be entitled                      
    2         An act relating to firearm purchases; amending s.
    3         790.065, F.S.; requiring the Department of Law
    4         Enforcement to include on a standard form certain
    5         questions concerning a potential firearm buyer’s
    6         criminal history or other information relating to the
    7         person’s eligibility to make the firearm purchase;
    8         requiring the department to notify law enforcement
    9         officials when a potential sale or transfer receives a
   10         nonapproval number; providing requirements for such
   11         notice; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraph (a) of subsection (1) of section
   16  790.065, Florida Statutes, is amended, and paragraph (a) of
   17  subsection (4) and paragraphs (b) and (c) of subsection (12) are
   18  republished, to read:
   19         790.065 Sale and delivery of firearms.—
   20         (1)(a) A licensed importer, licensed manufacturer, or
   21  licensed dealer may not sell or deliver from her or his
   22  inventory at her or his licensed premises any firearm to another
   23  person, other than a licensed importer, licensed manufacturer,
   24  licensed dealer, or licensed collector, until she or he has:
   25         1. Obtained a completed form from the potential buyer or
   26  transferee, which form shall have been promulgated by the
   27  Department of Law Enforcement and provided by the licensed
   28  importer, licensed manufacturer, or licensed dealer, which shall
   29  include the name, date of birth, gender, race, questions about
   30  the buyer’s criminal history and other information relating to
   31  the potential buyer or transferee’s eligibility to purchase a
   32  firearm, and social security number or other identification
   33  number of the such potential buyer or transferee and has
   34  inspected proper identification including an identification
   35  containing a photograph of the potential buyer or transferee.
   36         a.In any case in which records reviewed pursuant to
   37  subsection (2) indicate that the potential buyer or transferee
   38  is prohibited from having in her or his care, custody,
   39  possession, or control any firearm under state or federal law
   40  and the potential transfer, sale, or purchase has received a
   41  nonapproval number, the Department of Law Enforcement shall send
   42  notification of such nonapproval to the federal or state
   43  correctional, law enforcement, prosecutorial, and other criminal
   44  justice agencies that have jurisdiction in the county where the
   45  attempted transfer or purchase was made.
   46         b.The Department of Law Enforcement shall, for each
   47  county, identify appropriate federal or state correctional, law
   48  enforcement, prosecutorial, and other criminal justice agencies
   49  to receive the notification described in sub-subparagraph a.
   50         c.The notification described in sub-subparagraph a. must
   51  include the identity of the potential buyer or transferee, the
   52  identity of the licensee who made the inquiry, the date and time
   53  when a nonapproval number was issued, the prohibiting criteria
   54  for the nonapproval, and the location where the attempted
   55  purchase or transfer occurred.
   56         d.The Department of Law Enforcement shall make the
   57  notification described in sub-subparagraph a. within 1 week
   58  after receipt of the notice of the nonapproval, and may
   59  aggregate any notifications required pursuant to sub
   60  subparagraph a. and issue them together within the required
   61  timeframe, except that a notification may be delayed for as long
   62  as necessary to avoid compromising an ongoing investigation.
   63         e.The Department of Law Enforcement may make the
   64  notification required pursuant to sub-subparagraph a. in any
   65  form, including, but not limited to, by oral or written
   66  communication or by electronic means.
   67         2. Collected a fee from the potential buyer for processing
   68  the criminal history check of the potential buyer. The fee shall
   69  be established by the Department of Law Enforcement and may not
   70  exceed $8 per transaction. The Department of Law Enforcement may
   71  reduce, or suspend collection of, the fee to reflect payment
   72  received from the Federal Government applied to the cost of
   73  maintaining the criminal history check system established by
   74  this section as a means of facilitating or supplementing the
   75  National Instant Criminal Background Check System. The
   76  Department of Law Enforcement shall, by rule, establish
   77  procedures for the fees to be transmitted by the licensee to the
   78  Department of Law Enforcement. All such fees shall be deposited
   79  into the Department of Law Enforcement Operating Trust Fund, but
   80  shall be segregated from all other funds deposited into such
   81  trust fund and must be accounted for separately. Such segregated
   82  funds must not be used for any purpose other than the operation
   83  of the criminal history checks required by this section. The
   84  Department of Law Enforcement, each year prior to February 1,
   85  shall make a full accounting of all receipts and expenditures of
   86  such funds to the President of the Senate, the Speaker of the
   87  House of Representatives, the majority and minority leaders of
   88  each house of the Legislature, and the chairs of the
   89  appropriations committees of each house of the Legislature. In
   90  the event that the cumulative amount of funds collected exceeds
   91  the cumulative amount of expenditures by more than $2.5 million,
   92  excess funds may be used for the purpose of purchasing soft body
   93  armor for law enforcement officers.
   94         3. Requested, by means of a toll-free telephone call, the
   95  Department of Law Enforcement to conduct a check of the
   96  information as reported and reflected in the Florida Crime
   97  Information Center and National Crime Information Center systems
   98  as of the date of the request.
   99         4. Received a unique approval number for that inquiry from
  100  the Department of Law Enforcement, and recorded the date and
  101  such number on the consent form.
  102         (4)(a) Any records containing any of the information set
  103  forth in subsection (1) pertaining to a buyer or transferee who
  104  is not found to be prohibited from receipt or transfer of a
  105  firearm by reason of Florida and federal law which records are
  106  created by the Department of Law Enforcement to conduct the
  107  criminal history record check shall be confidential and exempt
  108  from the provisions of s. 119.07(1) and may not be disclosed by
  109  the Department of Law Enforcement or any officer or employee
  110  thereof to any person or to another agency. The Department of
  111  Law Enforcement shall destroy any such records forthwith after
  112  it communicates the approval and nonapproval numbers to the
  113  licensee and, in any event, such records shall be destroyed
  114  within 48 hours after the day of the response to the licensee’s
  115  request.
  116         (12)
  117         (b) Any licensed importer, licensed manufacturer, or
  118  licensed dealer who violates the provisions of subsection (1)
  119  commits a felony of the third degree punishable as provided in
  120  s. 775.082 or s. 775.083.
  121         (c) Any employee or agency of a licensed importer, licensed
  122  manufacturer, or licensed dealer who violates the provisions of
  123  subsection (1) commits a felony of the third degree punishable
  124  as provided in s. 775.082 or s. 775.083.
  125         Section 2. This act shall take effect upon becoming a law.