Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Rodriguez moved the following:
    1         Senate Amendment to Amendment (318628) (with title
    2  amendment)
    4         Delete lines 2231 - 2247
    5  and insert:
    6         Section 33. Section 790.335, Florida Statutes, is amended
    7  to read:
    8         790.335 Prohibition of registration of firearms; electronic
    9  records.—
   11         (a) The Legislature finds and declares that:
   12         1. The right of individuals to keep and bear arms is
   13  guaranteed under both the Second Amendment to the United States
   14  Constitution and s. 8, Art. I of the State Constitution.
   15         2. A list, record, or registry of legally owned firearms or
   16  law-abiding firearm owners is not a law enforcement tool and can
   17  become an instrument for profiling, harassing, or abusing law
   18  abiding citizens based on their choice to own a firearm and
   19  exercise their Second Amendment right to keep and bear arms as
   20  guaranteed under the United States Constitution. Further, such a
   21  list, record, or registry has the potential to fall into the
   22  wrong hands and become a shopping list for thieves.
   23         3. A list, record, or registry of legally owned firearms or
   24  law-abiding firearm owners is not a tool for fighting terrorism,
   25  but rather is an instrument that can be used as a means to
   26  profile innocent citizens and to harass and abuse American
   27  citizens based solely on their choice to own firearms and
   28  exercise their Second Amendment right to keep and bear arms as
   29  guaranteed under the United States Constitution.
   30         4. Law-abiding firearm owners whose names have been
   31  illegally recorded in a list, record, or registry are entitled
   32  to redress.
   33         (b) The Legislature intends through the provisions of this
   34  section to:
   35         1. Protect the right of individuals to keep and bear arms
   36  as guaranteed under both the Second Amendment to the United
   37  States Constitution and s. 8, Art. I of the State Constitution.
   38         2. Protect the privacy rights of law-abiding firearm
   39  owners.
   40         (2) PROHIBITIONS.—No state governmental agency or local
   41  government, special district, or other political subdivision or
   42  official, agent, or employee of such state or other governmental
   43  entity or any other person, public or private, shall knowingly
   44  and willfully keep or cause to be kept any list, record, or
   45  registry of privately owned firearms or any list, record, or
   46  registry of the owners of those firearms.
   47         (3) EXCEPTIONS.—The provisions of this section shall not
   48  apply to:
   49         (a) Records of firearms that have been used in committing
   50  any crime.
   51         (b) Records relating to any person who has been convicted
   52  of a crime.
   53         (c) Records of firearms that have been reported stolen that
   54  are retained for a period not in excess of 10 days after such
   55  firearms are recovered. Official documentation recording the
   56  theft of a recovered weapon may be maintained no longer than the
   57  balance of the year entered, plus 2 years.
   58         (d) Firearm records that must be retained by firearm
   59  dealers under federal law, including copies of such records
   60  transmitted to law enforcement agencies. However, no state
   61  governmental agency or local government, special district, or
   62  other political subdivision or official, agent, or employee of
   63  such state or other governmental entity or any other person,
   64  private or public, shall accumulate, compile, computerize, or
   65  otherwise collect or convert such written records into any form
   66  of list, registry, or database for any purpose.
   67         (e)1. Records kept pursuant to the recordkeeping provisions
   68  of s. 790.065; however, nothing in this section shall be
   69  construed to authorize the public release or inspection of
   70  records that are made confidential and exempt from the
   71  provisions of s. 119.07(1) by s. 790.065(4)(a).
   72         2. Nothing in this paragraph shall be construed to allow
   73  the maintaining of records containing the names of purchasers or
   74  transferees who receive unique approval numbers or the
   75  maintaining of records of firearm transactions.
   76         (f) Firearm records, including paper pawn transaction forms
   77  and contracts on firearm transactions, required by chapters 538
   78  and 539.
   79         1. Electronic firearm records held pursuant to chapter 538
   80  may only be kept by a secondhand dealer for 30 days after the
   81  date of the purchase of the firearm by the secondhand dealer.
   82         2. Electronic firearm records held pursuant to chapter 539
   83  may only be kept by a pawnbroker for 30 days after the
   84  expiration of the loan that is secured by a firearm or 30 days
   85  after the date of purchase of a firearm, whichever is
   86  applicable.
   87         3. Except as required by federal law, any firearm records
   88  kept pursuant to chapter 538 or chapter 539 shall not, at any
   89  time, be electronically transferred to any public or private
   90  entity, agency, business, or enterprise, nor shall any such
   91  records be copied or transferred for purposes of accumulation of
   92  such records into lists, registries, or databases.
   93         4. Notwithstanding subparagraph 3., secondhand dealers and
   94  pawnbrokers may electronically submit firearm transaction
   95  records to the appropriate law enforcement agencies as required
   96  by chapters 538 and 539; however, the law enforcement agencies
   97  may not electronically submit such records to any other person
   98  or entity and must destroy such records within 60 days after
   99  receipt of such records.
  100         5. Notwithstanding subparagraph 3., secondhand dealers and
  101  pawnbrokers may electronically submit limited firearms records
  102  consisting solely of the manufacturer, model, serial number, and
  103  caliber of pawned or purchased firearms to a third-party private
  104  provider that is exclusively incorporated, exclusively owned,
  105  and exclusively operated in the United States and that restricts
  106  access to such information to only appropriate law enforcement
  107  agencies for legitimate law enforcement purposes. Such records
  108  must be destroyed within 30 days by the third-party provider. As
  109  a condition of receipt of such records, the third-party provider
  110  must agree in writing to comply with the requirements of this
  111  section. Any pawnbroker or secondhand dealer who contracts with
  112  a third-party provider other than as provided in this act or
  113  electronically transmits any records of firearms transactions to
  114  any third-party provider other than the records specifically
  115  allowed by this paragraph commits a felony of the second degree,
  116  punishable as provided in s. 775.082 or s. 775.083.
  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 that, as a condition to providing
  123  insurance against theft or loss of a firearm, identify such
  124  firearm. Such records may not be sold, commingled with records
  125  relating to other firearms, or transferred to any other person
  126  or entity. The insurer may not keep a record of such firearm
  127  more than 60 days after the policy of insurance expires or after
  128  notification by the insured that the insured is no longer the
  129  owner of such firearm.
  130         (i) Lists of customers of a firearm dealer retained by such
  131  dealer, provided that such lists do not disclose the particular
  132  firearms purchased. Such lists, or any parts thereof, may not be
  133  sold, commingled with records relating to other firearms, or
  134  transferred to any other person or entity.
  135         (j) Sales receipts retained by the seller of firearms or by
  136  a person providing credit for such purchase, provided that such
  137  receipts shall not serve as or be used for the creation of a
  138  database for registration of firearms.
  139         (k) Personal records of firearms maintained by the owner of
  140  such firearms.
  141         (l) Records maintained by a business that stores or acts as
  142  the selling agent of firearms on behalf of the lawful owner of
  143  the firearms.
  144         (m) Membership lists of organizations comprised of firearm
  145  owners.
  146         (n) Records maintained by an employer or contracting entity
  147  of the firearms owned by its officers, employees, or agents, if
  148  such firearms are used in the course of business performed on
  149  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         (p) Records of firearms involved in criminal
  154  investigations, criminal prosecutions, criminal appeals, and
  155  postconviction motions, civil proceedings relating to the
  156  surrender or seizure of firearms including protective
  157  injunctions, Baker Act commitments, and sheriff’s levies
  158  pursuant to court judgments, and voluntary surrender by the
  159  owner or custodian of the firearm.
  160         (q) Paper documents relating to firearms involved in
  161  criminal cases, criminal investigations, and criminal
  162  prosecutions, civil proceedings relating to the surrender or
  163  seizure of firearms including protective injunctions, Baker Act
  164  commitments, and sheriff’s levies pursuant to court judgments,
  165  and voluntary surrender by the owner or custodian of the
  166  firearm.
  167         (r) Noncriminal records relating to the receipt, storage or
  168  return of firearms, including, but not limited to, records
  169  relating to firearms impounded for storage or safekeeping,
  170  receipts proving that a firearm was returned to the rightful
  171  owner and supporting records of identification and proof of
  172  ownership, or records relating to firearms impounded pursuant to
  173  levies or court orders, provided, however, that such records
  174  shall not be compiled, sorted, or otherwise arranged into any
  175  lists, indexes, or registries of firearms or firearms owners.
  176         (4) PENALTIES.—
  177         (a) Any person who, or entity that, violates a provision of
  178  this section commits a felony of the third degree, punishable as
  179  provided in s. 775.082 or s. 775.083.
  180         (b) Except as required by the provisions of s. 16, Art. I
  181  of the State Constitution or the Sixth Amendment to the United
  182  States Constitution, no public funds shall be used to defend the
  183  unlawful conduct of any person charged with a violation of this
  184  section, unless the charges against such person are dismissed or
  185  such person is determined to be not guilty at trial.
  186  Notwithstanding this paragraph, public funds may be expended to
  187  provide the services of the office of public defender or court
  188  appointed conflict counsel as provided by law.
  189         (c) The governmental entity, or the designee of such
  190  governmental entity, in whose service or employ a list, record,
  191  or registry was compiled in violation of this section may be
  192  assessed a fine of not more than $5 million, if the court
  193  determines that the evidence shows that the list, record, or
  194  registry was compiled or maintained with the knowledge or
  195  complicity of the management of the governmental entity. The
  196  Attorney General may bring a civil cause of action to enforce
  197  the fines assessed under this paragraph.
  198         (d) The state attorney in the appropriate jurisdiction
  199  shall investigate complaints of criminal violations of this
  200  section and, where evidence indicates a violation may have
  201  occurred, shall prosecute violators.
  202         (5) ELECTRONIC RECORDS.—Secondhand dealers and pawnbrokers
  203  who electronically submit firearms transaction records to the
  204  appropriate law enforcement agencies as required by chapters 538
  205  and 539 shall submit the name of the manufacturer and caliber
  206  information of each firearm in Florida Crime Information Center
  207  coding, and shall include the model and serial number of each
  208  firearm.
  209         (6) CONSTRUCTION.—This section shall be construed to
  210  effectuate its remedial and deterrent purposes. This section may
  211  not be construed to grant any substantive, procedural privacy
  212  right or civil claim to any criminal defendant, and a violation
  213  of this section may not be grounds for the suppression of
  214  evidence in any criminal case.
  215         Section 34. Section 790.336, Florida Statutes, is amended
  216  to read:
  217         790.336 Lists, records, or registries to be destroyed.—Any
  218  list, record, or registry maintained or under construction on
  219  the effective date of this act shall be destroyed, unless
  220  prohibited by law, within 60 calendar days after this act
  221  becomes law. Thereafter, failure to destroy any such list,
  222  record, or registry may result in prosecution under this act.
  223         Section 35. Section 790.339, Florida Statutes, is created
  224  to read:
  225         790.339 Registration of firearms.—
  226         (1) It is the intent of the Legislature to keep our
  227  communities and schools safe. The Legislature believes that a
  228  step toward that objective is knowing who owns a firearm in our
  229  state and knowing the quantity and type of firearms owned by
  230  each person.
  231         (2) The Department of Law Enforcement shall implement and
  232  administer a registry of all firearms sold in the state through
  233  a licensed importer, licensed manufacturer, or licensed dealer
  234  and create procedures through which such firearm sellers must
  235  report to the department, on a form approved by the department,
  236  the following information related to the sale, including, but
  237  not limited to:
  238         (a) The buyer’s and seller’s full legal names.
  239         (b) The seller’s business name and business address.
  240         (c) The driver license or identification card number of the
  241  buyer.
  242         (d) The date and time of the sale.
  243         (e)The serial number of the firearm.
  244         (f) The make and model of the firearm.
  245         (3) The Department of Law Enforcement shall adopt rules to
  246  administer this section.
  247         Section 36. Paragraph (b) of subsection (5) and paragraph
  248  (b) of subsection (9) of section 409.175, Florida Statutes, are
  249  amended to read:
  250         409.175 Licensure of family foster homes, residential
  251  child-caring agencies, and child-placing agencies; public
  252  records exemption.—
  253         (5)
  254         (b) The requirements for the licensure and operation of a
  255  child-placing agency shall also include compliance with the
  256  requirements of s. 63.0422 ss. 63.0422 and 790.335.
  257         (9)
  258         (b) Any of the following actions by a home or agency or its
  259  personnel is a ground for denial, suspension, or revocation of a
  260  license:
  261         1. An intentional or negligent act materially affecting the
  262  health or safety of children in the home or agency.
  263         2. A violation of the provisions of this section or of
  264  licensing rules promulgated pursuant to this section.
  265         3. Noncompliance with the requirements for good moral
  266  character as specified in paragraph (5)(a).
  267         4. Failure to dismiss personnel found in noncompliance with
  268  requirements for good moral character.
  269         5. Failure to comply with the requirements of s. 63.0422
  270  ss. 63.0422 and 790.335.
  271         Section 37. Paragraph (a) of subsection (6) of section
  272  790.0625, Florida Statutes, is amended to read:
  273         790.0625 Appointment of tax collectors to accept
  274  applications for a concealed weapon or firearm license; fees;
  275  penalties.—
  276         (6)(a) A tax collector appointed under this section may not
  277  maintain a list or record of persons who apply for or are
  278  granted a new or renewal license to carry a concealed weapon or
  279  firearm. A tax collector who violates this paragraph commits a
  280  felony of the third degree, punishable as provided in s. 775.082
  281  or s. 775.083 violation of this paragraph is subject to s.
  282  790.335.
  284  ================= T I T L E  A M E N D M E N T ================
  285  And the title is amended as follows:
  286         Delete lines 2720 - 2725
  287  and insert:
  288         purposes; reenacting s. 397.6760(2), F.S., relating to
  289         the confidentiality of court records, to incorporate
  290         the amendment made to s. 790.065, F.S., in a reference
  291         thereto; repealing s. 790.335, F.S., relating to the
  292         prohibition of registration of firearms and the
  293         treatment of electronic records; repealing s. 790.336,
  294         F.S., relating to lists, records, or registries
  295         required to be destroyed; creating s. 790.339, F.S.;
  296         providing legislative intent; requiring the Department
  297         of Law Enforcement to implement and administer a
  298         firearms registry of all firearms sold in the state
  299         through a licensed importer, a licensed manufacturer,
  300         or a licensed dealer; requiring the department to
  301         create procedures through which such firearm sellers
  302         must report, on a form approved by the department,
  303         specified information; requiring the department to
  304         adopt rules; amending ss. 409.175 and 790.0625, F.S.;
  305         conforming provisions to changes made by the act;
  306         requiring the Department of Agriculture and