Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/03/2018 05:00 PM       .                                

       Senator Farmer moved the following:
    1         Senate Amendment to Amendment (234288) (with title
    2  amendment)
    4         Delete lines 364 - 423
    5  and insert:
    6         Section 10. Present subsection (13) of section 790.065,
    7  Florida Statutes, is redesignated as subsection (12),
    8  subsections (1), (3), and (10) of that section are amended, and
    9  a new subsection (11) is added to that section, to read:
   10         790.065 Sale and delivery of firearms.—
   11         (1)(a) A licensed importer, licensed manufacturer, or
   12  licensed dealer may not sell or deliver from her or his
   13  inventory at her or his licensed premises any firearm to another
   14  person, other than a licensed importer, licensed manufacturer,
   15  licensed dealer, or licensed collector, until she or he has:
   16         1. Obtained a completed form from the potential buyer or
   17  transferee, which form shall have been adopted promulgated by
   18  the Department of Law Enforcement and provided by the licensed
   19  importer, licensed manufacturer, or licensed dealer, which shall
   20  include the name, date of birth, gender, race, and social
   21  security number or other identification number of such potential
   22  buyer or transferee and has inspected proper identification
   23  including an identification containing a photograph of the
   24  potential buyer or transferee.
   25         2. Collected a fee from the potential buyer for processing
   26  the criminal history check of the potential buyer. The fee shall
   27  be established by the Department of Law Enforcement and may not
   28  exceed $8 per transaction. The Department of Law Enforcement may
   29  reduce, or suspend collection of, the fee to reflect payment
   30  received from the Federal Government applied to the cost of
   31  maintaining the criminal history check system established by
   32  this section as a means of facilitating or supplementing the
   33  National Instant Criminal Background Check System. The
   34  Department of Law Enforcement shall, by rule, establish
   35  procedures for the fees to be transmitted by the licensee to the
   36  Department of Law Enforcement. All such fees shall be deposited
   37  into the Department of Law Enforcement Operating Trust Fund, but
   38  shall be segregated from all other funds deposited into such
   39  trust fund and must be accounted for separately. Such segregated
   40  funds must not be used for any purpose other than the operation
   41  of the criminal history checks required by this section. The
   42  Department of Law Enforcement, each year before prior to
   43  February 1, shall make a full accounting of all receipts and
   44  expenditures of such funds to the President of the Senate, the
   45  Speaker of the House of Representatives, the majority and
   46  minority leaders of each house of the Legislature, and the
   47  chairs of the appropriations committees of each house of the
   48  Legislature. In the event that the cumulative amount of funds
   49  collected exceeds the cumulative amount of expenditures by more
   50  than $2.5 million, excess funds may be used for the purpose of
   51  purchasing soft body armor for law enforcement officers.
   52         3. Requested, by means of a toll-free telephone call, the
   53  Department of Law Enforcement to conduct a check of the
   54  information as reported and reflected in the Florida Crime
   55  Information Center and National Crime Information Center systems
   56  as of the date of the request.
   57         4. Received a unique approval number for that inquiry from
   58  the Department of Law Enforcement, and recorded the date and
   59  such number on the consent form.
   60         (b) However, if the person purchasing, or receiving
   61  delivery of, the firearm is a holder of a valid concealed
   62  weapons or firearms license pursuant to the provisions of s.
   63  790.06 or holds an active certification from the Criminal
   64  Justice Standards and Training Commission as a “law enforcement
   65  officer,” a “correctional officer,” or a “correctional probation
   66  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   67  (9), this subsection does not apply.
   68         (c) This subsection does not apply to the purchase, trade,
   69  or transfer of a rifle or shotgun by a resident of this state
   70  when the resident makes such purchase, trade, or transfer from a
   71  licensed importer, licensed manufacturer, or licensed dealer in
   72  another state.
   73         (d)1.If neither party to a prospective firearms sale,
   74  lease, or transfer is a licensed dealer, the parties to the
   75  transaction must complete the sale, lease, or transfer through a
   76  licensed dealer as follows:
   77         a. The seller, lessor, or transferor must deliver the
   78  firearm to a licensed dealer, who shall process the sale, lease,
   79  or transfer as if she or he were the seller, lessor, or
   80  transferor, except that the seller, lessor, or transferor who is
   81  not a licensed dealer may remove the firearm from the business
   82  premises of the licensed dealer while the background check is
   83  being conducted and while the waiting period requirement set
   84  forth in s. 790.0655 is being met. Other than allowing the
   85  unlicensed seller or transferor to remove the firearm from the
   86  licensed dealer’s business premises, the licensed dealer shall
   87  comply with all requirements of federal and state law which
   88  would apply if she or he were the seller, lessor, or transferor
   89  of the firearm;
   90         b. The licensed dealer shall conduct a background check on
   91  the buyer or other transferee as provided in this section and,
   92  unless the transaction is prohibited, and after all other legal
   93  requirements are met, including those set forth in s. 790.0655,
   94  the licensed dealer shall either:
   95         (I) Deliver the firearm to the seller, lessor, or
   96  transferor, who shall complete the transaction and deliver the
   97  firearm to the buyer; or
   98         (II) If the seller, lessor, or transferor has removed the
   99  firearm from the licensed dealer’s business premises, contact
  100  the seller, lessor, or transferor to let her or him know that he
  101  or she may complete the transaction and deliver the firearm to
  102  the buyer.
  103         c. If the licensed dealer cannot legally complete the
  104  transaction, the dealer must:
  105         (I) Return the firearm to the seller, lessor, or
  106  transferor; or
  107         (II) If the seller, lessor, or transferor has removed the
  108  firearm from the licensed dealer’s business premises, contact
  109  the seller, lessor, or transferor to let her or him know that
  110  the transaction is prohibited, and that the seller, lessor, or
  111  transferor may not deliver the firearm to the buyer; and
  112         d. The licensed dealer may require the buyer or other
  113  transferee to pay a fee covering the administrative costs
  114  incurred by the licensed dealer for facilitating the transfer of
  115  the firearm, plus applicable fees pursuant to federal and state
  116  law.
  117         2. This paragraph does not apply to:
  118         a. The activities of the United States Marshals Service,
  119  members of the United States Armed Forces or the National Guard,
  120  or federal officials required to carry firearms while engaged in
  121  performing their official duties; or
  122         b. The following activities, unless the lawful owner knows
  123  or has reasonable cause to believe that federal, state, or local
  124  law prohibits the transferee from purchasing or possessing
  125  firearms, or that the transferee is likely to use the firearm
  126  for unlawful purposes:
  127         (I) The delivery of a firearm to a gunsmith for service or
  128  repair, or the return of the firearm to its owner by the
  129  gunsmith;
  130         (II) The transfer of a firearm to a carrier, warehouseman,
  131  or other person engaged in the business of transportation or
  132  storage, to the extent that the receipt, possession, or having
  133  on or about the person any firearm is in the ordinary course of
  134  business and in conformity with federal, state, and local laws,
  135  and not for the personal use of any such person;
  136         (III) The loan of a firearm solely for the purpose of
  137  shooting at targets, if the loan occurs on the premises of a
  138  properly licensed target facility and if the firearm is at all
  139  times kept within the premises of the target facility;
  140         (IV) The loan of a firearm to a person who is under 18
  141  years of age for lawful hunting, sporting, or educational
  142  purposes while under the direct supervision and control of a
  143  responsible adult;
  144         (V) The loan of a firearm to a person who is 18 years of
  145  age or older if the firearm remains in the person’s possession
  146  only while the person is accompanying the lawful owner and using
  147  the firearm for lawful hunting, sporting, or recreational
  148  purposes; or
  149         (VI) The loan of a firearm to an adult family member of the
  150  lawful owner of the firearm if the lawful owner resides with the
  151  family member but is not present in the residence, provided that
  152  the family member does not maintain control over the firearm for
  153  more than 10 consecutive days.
  154         (3) In the event of scheduled computer downtime, electronic
  155  failure, or similar emergency beyond the control of the
  156  Department of Law Enforcement, the department shall immediately
  157  notify the licensee of the reason for, and estimated length of,
  158  such delay. After such notification, the department shall
  159  forthwith, and in no event later than the end of the next
  160  business day of the licensee, either inform the requesting
  161  licensee if its records demonstrate that the buyer or transferee
  162  is prohibited from receipt or possession of a firearm pursuant
  163  to Florida and Federal law or provide the licensee with a unique
  164  approval number. Unless notified by the end of said next
  165  business day that the buyer or transferee is so prohibited, and
  166  without regard to whether she or he has received a unique
  167  approval number, the licensee may complete the sale or transfer
  168  and shall not be deemed in violation of this section with
  169  respect to such sale or transfer.
  170         (10) A licensed importer, licensed manufacturer, or
  171  licensed dealer is not required to comply with the requirements
  172  of this section in the event of:
  173         (a) Unavailability of telephone service at the licensed
  174  premises due to the failure of the entity which provides
  175  telephone service in the state, region, or other geographical
  176  area in which the licensee is located to provide telephone
  177  service to the premises of the licensee due to the location of
  178  said premises; or the interruption of telephone service by
  179  reason of hurricane, tornado, flood, natural disaster, or other
  180  act of God, war, invasion, insurrection, riot, or other bona
  181  fide emergency, or other reason beyond the control of the
  182  licensee; or
  183         (b) Failure of the Department of Law Enforcement to comply
  184  with the requirements of subsections (2) and (3).
  185         (11) A person younger than 21 years of age may not purchase
  186  a firearm and a person may not transfer a firearm to another
  187  person younger than 21 years of age. The sale or transfer of a
  188  firearm to a person younger than 21 years of age may not be made
  189  or facilitated by any individual or entity. A person who
  190  violates this subsection commits a felony of the third degree,
  191  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  192  The prohibitions of this subsection do not apply to the purchase
  193  of a rifle or shotgun by a law enforcement officer or a
  194  correctional officer, as those terms are defined in s. 943.10,
  195  or to a person on active duty in the Armed Forces of the United
  196  States or full-time duty in the National Guard.
  197         Section 11. 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 12. 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 2434 - 2448
  257  and insert:
  258         F.S.; requiring that, if neither party to a
  259         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 a person from transferring a firearm to
  279         another person younger than a certain age; prohibiting
  280         the sale or transfer, or facilitation of a sale or
  281         transfer, of a firearm to a person younger than a
  282         certain age by any individual or entity; providing
  283         criminal penalties; providing an exception; amending
  284         s. 790.0655, F.S.; revising the mandatory waiting
  285         period to the later of either 3 days, excluding
  286         weekends and legal holidays, or upon the completion of
  287         certain records checks; applying the mandatory waiting
  288         period to private sales of firearms facilitated
  289         through a licensed dealer; revising and redefining
  290         terms; requiring that records of firearm sales be
  291         available for inspection by any law enforcement agency
  292         during normal business hours; revising applicability
  293         of the waiting period; conforming provisions to
  294         changes made by the act; amending s. 790.335, F.S.;
  295         conforming a cross-reference;