Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SPB 7022
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Thurston) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 161 - 214
    4  and insert:
    5         Section 3. Present subsection (13) of section 790.065,
    6  F.S., is redesignated as subsection (12) of that section,
    7  subsections (1), (3), and (10) of that section are amended, and
    8  a new subsection (11) is added to that section, to read:
    9         790.065 Sale and delivery of firearms.—
   10         (1)(a) A licensed importer, licensed manufacturer, or
   11  licensed dealer may not sell or deliver from her or his
   12  inventory at her or his licensed premises any firearm to another
   13  person, other than a licensed importer, licensed manufacturer,
   14  licensed dealer, or licensed collector, until she or he has:
   15         1. Obtained a completed form from the potential buyer or
   16  transferee, which form shall have been adopted promulgated by
   17  the Department of Law Enforcement and provided by the licensed
   18  importer, licensed manufacturer, or licensed dealer, which shall
   19  include the name, date of birth, gender, race, and social
   20  security number or other identification number of such potential
   21  buyer or transferee and has inspected proper identification
   22  including an identification containing a photograph of the
   23  potential buyer or transferee.
   24         2. Collected a fee from the potential buyer for processing
   25  the criminal history check of the potential buyer. The fee shall
   26  be established by the Department of Law Enforcement and may not
   27  exceed $8 per transaction. The Department of Law Enforcement may
   28  reduce, or suspend collection of, the fee to reflect payment
   29  received from the Federal Government applied to the cost of
   30  maintaining the criminal history check system established by
   31  this section as a means of facilitating or supplementing the
   32  National Instant Criminal Background Check System. The
   33  Department of Law Enforcement shall, by rule, establish
   34  procedures for the fees to be transmitted by the licensee to the
   35  Department of Law Enforcement. All such fees shall be deposited
   36  into the Department of Law Enforcement Operating Trust Fund, but
   37  shall be segregated from all other funds deposited into such
   38  trust fund and must be accounted for separately. Such segregated
   39  funds must not be used for any purpose other than the operation
   40  of the criminal history checks required by this section. The
   41  Department of Law Enforcement, each year before prior to
   42  February 1, shall make a full accounting of all receipts and
   43  expenditures of such funds to the President of the Senate, the
   44  Speaker of the House of Representatives, the majority and
   45  minority leaders of each house of the Legislature, and the
   46  chairs of the appropriations committees of each house of the
   47  Legislature. In the event that the cumulative amount of funds
   48  collected exceeds the cumulative amount of expenditures by more
   49  than $2.5 million, excess funds may be used for the purpose of
   50  purchasing soft body armor for law enforcement officers.
   51         3. Requested, by means of a toll-free telephone call, the
   52  Department of Law Enforcement to conduct a check of the
   53  information as reported and reflected in the Florida Crime
   54  Information Center and National Crime Information Center systems
   55  as of the date of the request.
   56         4. Received a unique approval number for that inquiry from
   57  the Department of Law Enforcement, and recorded the date and
   58  such number on the consent form.
   59         (b) However, if the person purchasing, or receiving
   60  delivery of, the firearm is a holder of a valid concealed
   61  weapons or firearms license pursuant to the provisions of s.
   62  790.06 or holds an active certification from the Criminal
   63  Justice Standards and Training Commission as a “law enforcement
   64  officer,” a “correctional officer,” or a “correctional probation
   65  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   66  (9), this subsection does not apply.
   67         (c) This subsection does not apply to the purchase, trade,
   68  or transfer of a rifle or shotgun by a resident of this state
   69  when the resident makes such purchase, trade, or transfer from a
   70  licensed importer, licensed manufacturer, or licensed dealer in
   71  another state.
   72         (d)1.If neither party to a prospective firearms sale,
   73  lease, or transfer is a licensed dealer, the parties to the
   74  transaction must complete the sale, lease, or transfer through a
   75  licensed dealer as follows:
   76         a. The seller, lessor, or transferor must deliver the
   77  firearm to a licensed dealer, who shall process the sale, lease,
   78  or transfer as if she or he were the seller, lessor, or
   79  transferor, except that the seller, lessor, or transferor who is
   80  not a licensed dealer may remove the firearm from the business
   81  premises of the licensed dealer while the background check is
   82  being conducted and while the waiting period requirement set
   83  forth in s. 790.0655 is being met. Other than allowing the
   84  unlicensed seller or transferor to remove the firearm from the
   85  licensed dealer’s business premises, the licensed dealer shall
   86  comply with all requirements of federal and state law which
   87  would apply if she or he were the seller, lessor, or transferor
   88  of the firearm;
   89         b. The licensed dealer shall conduct a background check on
   90  the buyer or other transferee as provided in this section and,
   91  unless the transaction is prohibited, and after all other legal
   92  requirements are met, including those set forth in s. 790.0655,
   93  the licensed dealer shall either:
   94         (I) Deliver the firearm to the seller, lessor, or
   95  transferor, who shall complete the transaction and deliver the
   96  firearm to the buyer; or
   97         (II) If the seller, lessor, or transferor has removed the
   98  firearm from the licensed dealer’s business premises, contact
   99  the seller, lessor, or transferor to let her or him know that he
  100  or she may complete the transaction and deliver the firearm to
  101  the buyer.
  102         c. If the licensed dealer cannot legally complete the
  103  transaction, the dealer must:
  104         (I) Return the firearm to the seller, lessor, or
  105  transferor; or
  106         (II) If the seller, lessor, or transferor has removed the
  107  firearm from the licensed dealer’s business premises, contact
  108  the seller, lessor, or transferor to let her or him know that
  109  the transaction is prohibited, and that the seller, lessor, or
  110  transferor may not deliver the firearm to the buyer; and
  111         d. The licensed dealer may require the buyer or other
  112  transferee to pay a fee covering the administrative costs
  113  incurred by the licensed dealer for facilitating the transfer of
  114  the firearm, plus applicable fees pursuant to federal and state
  115  law.
  116         2. This paragraph does not apply to:
  117         a. The activities of the United States Marshals Service,
  118  members of the United States Armed Forces or the National Guard,
  119  or federal officials required to carry firearms while engaged in
  120  performing their official duties; or
  121         b. The following activities, unless the lawful owner knows
  122  or has reasonable cause to believe that federal, state, or local
  123  law prohibits the transferee from purchasing or possessing
  124  firearms, or that the transferee is likely to use the firearm
  125  for unlawful purposes:
  126         (I) The delivery of a firearm to a gunsmith for service or
  127  repair, or the return of the firearm to its owner by the
  128  gunsmith;
  129         (II) The transfer of a firearm to a carrier, warehouseman,
  130  or other person engaged in the business of transportation or
  131  storage, to the extent that the receipt, possession, or having
  132  on or about the person any firearm is in the ordinary course of
  133  business and in conformity with federal, state, and local laws,
  134  and not for the personal use of any such person;
  135         (III) The loan of a firearm solely for the purpose of
  136  shooting at targets, if the loan occurs on the premises of a
  137  properly licensed target facility and if the firearm is at all
  138  times kept within the premises of the target facility;
  139         (IV) The loan of a firearm to a person who is under 18
  140  years of age for lawful hunting, sporting, or educational
  141  purposes while under the direct supervision and control of a
  142  responsible adult;
  143         (V) The loan of a firearm to a person who is 18 years of
  144  age or older if the firearm remains in the person’s possession
  145  only while the person is accompanying the lawful owner and using
  146  the firearm for lawful hunting, sporting, or recreational
  147  purposes; or
  148         (VI) The loan of a firearm to an adult family member of the
  149  lawful owner of the firearm if the lawful owner resides with the
  150  family member but is not present in the residence, provided that
  151  the family member does not maintain control over the firearm for
  152  more than 10 consecutive days.
  153         (3) In the event of scheduled computer downtime, electronic
  154  failure, or similar emergency beyond the control of the
  155  Department of Law Enforcement, the department shall immediately
  156  notify the licensee of the reason for, and estimated length of,
  157  such delay. After such notification, the department shall
  158  forthwith, and in no event later than the end of the next
  159  business day of the licensee, either inform the requesting
  160  licensee if its records demonstrate that the buyer or transferee
  161  is prohibited from receipt or possession of a firearm pursuant
  162  to Florida and Federal law or provide the licensee with a unique
  163  approval number. Unless notified by the end of said next
  164  business day that the buyer or transferee is so prohibited, and
  165  without regard to whether she or he has received a unique
  166  approval number, the licensee may complete the sale or transfer
  167  and shall not be deemed in violation of this section with
  168  respect to such sale or transfer.
  169         (10) A licensed importer, licensed manufacturer, or
  170  licensed dealer is not required to comply with the requirements
  171  of this section in the event of:
  172         (a) Unavailability of telephone service at the licensed
  173  premises due to the failure of the entity which provides
  174  telephone service in the state, region, or other geographical
  175  area in which the licensee is located to provide telephone
  176  service to the premises of the licensee due to the location of
  177  said premises; or the interruption of telephone service by
  178  reason of hurricane, tornado, flood, natural disaster, or other
  179  act of God, war, invasion, insurrection, riot, or other bona
  180  fide emergency, or other reason beyond the control of the
  181  licensee; or
  182         (b) Failure of the Department of Law Enforcement to comply
  183  with the requirements of subsections (2) and (3).
  184         (11) A person younger than 21 years of age may not purchase
  185  a firearm. The sale or transfer of a firearm to a person younger
  186  than 21 years of age may not be made or facilitated by a
  187  licensed importer, licensed manufacturer, or licensed dealer. A
  188  person who violates this subsection commits a felony of the
  189  third degree, punishable as provided in s. 775.082, s. 775.083,
  190  or s. 775.084. The prohibition on the purchase of a firearm by a
  191  person younger than 21 years of age or the sale or transfer by a
  192  licensed importer, licensed manufacturer, or licensed dealer to
  193  a person younger than 21 years of age does not apply to a member
  194  of the military or naval forces of this state or of the United
  195  States or to a law enforcement officer or a correctional
  196  officer, as those terms are defined in s. 943.10.
  197         Section 4. Section 790.0655, Florida Statutes, is amended
  198  to read:
  199         790.0655 Purchase and delivery of firearms handguns;
  200  mandatory waiting period; exceptions; penalties.—
  201         (1)(a) There shall be A mandatory 3-day waiting period is
  202  imposed between the purchase and delivery of a firearm. The
  203  mandatory waiting period is, which shall be 3 days, excluding
  204  weekends and legal holidays, or expires upon the completion of
  205  the records checks required under s. 790.065, whichever occurs
  206  later. The mandatory waiting period applies to the delivery of a
  207  firearm through a private sale facilitated through a licensed
  208  dealer under s. 790.065(1)(d) between the purchase and the
  209  delivery at retail of any handgun. “Purchase” means the transfer
  210  of money or other valuable consideration to the retailer.
  211  “Handgun” means a firearm capable of being carried and used by
  212  one hand, such as a pistol or revolver. “Retailer” means and
  213  includes a licensed importer, licensed manufacturer, or licensed
  214  dealer every person engaged in the business of making firearm
  215  sales at retail or for distribution, or use, or consumption, or
  216  storage to be used or consumed in this state, as defined in s.
  217  212.02(13).
  218         (b) Records of firearm handgun sales must be available for
  219  inspection by any law enforcement agency, as defined in s.
  220  934.02, during normal business hours.
  221         (2) The 3-day waiting period does shall not apply in the
  222  following circumstances:
  223         (a) When a firearm handgun is being purchased by a holder
  224  of a concealed weapons permit as defined in s. 790.06.
  225         (b) To a trade-in of another firearm handgun.
  226         (c) To a person who completes a 16-hour hunter education or
  227  hunter safety course approved by the Fish and Wildlife
  228  Conservation Commission or similar agency of another state,
  229  unless that person is purchasing a handgun.
  230         (3) It is a felony of the third degree, punishable as
  231  provided in s. 775.082, s. 775.083, or s. 775.084:
  232         (a) For any retailer, or any employee or agent of a
  233  retailer, to deliver a firearm handgun before the expiration of
  234  the 3-day waiting period, subject to the exceptions provided in
  235  subsection (2).
  236         (b) For a purchaser to obtain delivery of a firearm handgun
  237  by fraud, false pretense, or false representation.
  238         Section 5. Paragraph (e) of subsection (3) of section
  239  790.335, Florida Statutes, is amended to read:
  240         790.335 Prohibition of registration of firearms; electronic
  241  records.—
  242         (3) EXCEPTIONS.—The provisions of this section shall not
  243  apply to:
  244         (e)1. Records kept pursuant to the recordkeeping provisions
  245  of s. 790.065; however, nothing in this section shall be
  246  construed to authorize the public release or inspection of
  247  records that are made confidential and exempt from the
  248  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  249         2. Nothing in this paragraph shall be construed to allow
  250  the maintaining of records containing the names of purchasers or
  251  transferees who receive unique approval numbers or the
  252  maintaining of records of firearm transactions.
  254  ================= T I T L E  A M E N D M E N T ================
  255  And the title is amended as follows:
  256         Delete lines 25 - 41
  257  and insert:
  258         s. 790.065, F.S.; requiring that, if neither party to
  259         a prospective firearms sale, lease, or transfer is a
  260         licensed dealer, the parties complete the sale, lease,
  261         or transfer through a licensed dealer; specifying
  262         procedures and requirements for a licensed dealer, a
  263         seller, lessor, or transferor, and a buyer, lessee, or
  264         transferee, including a required background check;
  265         authorizing a licensed dealer to charge a buyer or
  266         transferee specified fees; providing applicability;
  267         deleting provisions authorizing a licensee to complete
  268         the sale or transfer of a firearm to a person without
  269         receiving notification from the Department of Law
  270         Enforcement informing the licensee as to whether such
  271         person is prohibited from receipt or possession of a
  272         firearm or providing a unique approval number under
  273         certain circumstances; deleting provisions exempting a
  274         licensed importer, licensed manufacturer, or licensed
  275         dealer from the sale and delivery requirements, under
  276         certain circumstances; prohibiting a person younger
  277         than a certain age from purchasing a firearm;
  278         prohibiting the sale or transfer, or facilitation of a
  279         sale or transfer, of a firearm to a person younger
  280         than a certain age by a licensed importer, licensed
  281         manufacturer, or licensed dealer; providing criminal
  282         penalties; providing an exception; amending s.
  283         790.0655, F.S.; revising the mandatory waiting period
  284         to the later of either 3 days, excluding weekends and
  285         legal holidays, or upon the completion of certain
  286         records checks; applying the mandatory 3-day waiting
  287         period to private sales of firearms facilitated
  288         through a licensed dealer; revising and redefining
  289         terms; requiring that records of firearm sales be
  290         available for inspection by any law enforcement agency
  291         during normal business hours; revising applicability
  292         of the waiting period; conforming provisions to
  293         changes made by the act; amending s. 790.335, F.S.;
  294         conforming a cross-reference;