Florida Senate - 2018                                     SB 838
       By Senator Farmer
       34-00502-18                                            2018838__
    1                        A bill to be entitled                      
    2         An act relating to the sale and delivery of firearms;
    3         amending s. 790.065, F.S.; requiring that the parties,
    4         if neither party to a sale, lease, or transfer of a
    5         firearm is a licensed dealer, complete the sale,
    6         lease, or transfer through a licensed dealer;
    7         specifying procedures and requirements for a licensed
    8         dealer, a seller, lessor, or transferor, and a buyer,
    9         lessee, or transferee; authorizing a licensed dealer
   10         to charge a buyer or transferee specified fees;
   11         providing applicability; deleting provisions
   12         authorizing a licensee to complete the sale or
   13         transfer of a firearm to a person without receiving
   14         notification from the Department of Law Enforcement
   15         informing the licensee as to whether such person is
   16         prohibited from receipt or possession of a firearm or
   17         providing a unique approval number under certain
   18         circumstances; deleting provisions exempting a
   19         licensed importer, licensed manufacturer, or licensed
   20         dealer from the sale and delivery requirements, under
   21         certain circumstances; amending s. 790.0655, F.S.;
   22         applying the mandatory 3-day waiting period to private
   23         sales of handguns facilitated through a licensed
   24         dealer; amending s. 790.335, F.S.; conforming a cross
   25         reference; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Subsections (1), (3), and (10) of section
   30  790.065, Florida Statutes, are amended to read:
   31         790.065 Sale and delivery of firearms.—
   32         (1)(a) A licensed importer, licensed manufacturer, or
   33  licensed dealer may not sell or deliver from her or his
   34  inventory at her or his licensed premises any firearm to another
   35  person, other than a licensed importer, licensed manufacturer,
   36  licensed dealer, or licensed collector, until she or he has:
   37         1. Obtained a completed form from the potential buyer or
   38  transferee, which form shall have been adopted promulgated by
   39  the Department of Law Enforcement and provided by the licensed
   40  importer, licensed manufacturer, or licensed dealer, which shall
   41  include the name, date of birth, gender, race, and social
   42  security number or other identification number of such potential
   43  buyer or transferee and has inspected proper identification
   44  including an identification containing a photograph of the
   45  potential buyer or transferee.
   46         2. Collected a fee from the potential buyer for processing
   47  the criminal history check of the potential buyer. The fee shall
   48  be established by the Department of Law Enforcement and may not
   49  exceed $8 per transaction. The Department of Law Enforcement may
   50  reduce, or suspend collection of, the fee to reflect payment
   51  received from the Federal Government applied to the cost of
   52  maintaining the criminal history check system established by
   53  this section as a means of facilitating or supplementing the
   54  National Instant Criminal Background Check System. The
   55  Department of Law Enforcement shall, by rule, establish
   56  procedures for the fees to be transmitted by the licensee to the
   57  Department of Law Enforcement. All such fees shall be deposited
   58  into the Department of Law Enforcement Operating Trust Fund, but
   59  shall be segregated from all other funds deposited into such
   60  trust fund and must be accounted for separately. Such segregated
   61  funds must not be used for any purpose other than the operation
   62  of the criminal history checks required by this section. The
   63  Department of Law Enforcement, each year before prior to
   64  February 1, shall make a full accounting of all receipts and
   65  expenditures of such funds to the President of the Senate, the
   66  Speaker of the House of Representatives, the majority and
   67  minority leaders of each house of the Legislature, and the
   68  chairs of the appropriations committees of each house of the
   69  Legislature. In the event that the cumulative amount of funds
   70  collected exceeds the cumulative amount of expenditures by more
   71  than $2.5 million, excess funds may be used for the purpose of
   72  purchasing soft body armor for law enforcement officers.
   73         3. Requested, by means of a toll-free telephone call, the
   74  Department of Law Enforcement to conduct a check of the
   75  information as reported and reflected in the Florida Crime
   76  Information Center and National Crime Information Center systems
   77  as of the date of the request.
   78         4. Received a unique approval number for that inquiry from
   79  the Department of Law Enforcement, and recorded the date and
   80  such number on the consent form.
   81         (b) However, if the person purchasing, or receiving
   82  delivery of, the firearm is a holder of a valid concealed
   83  weapons or firearms license pursuant to the provisions of s.
   84  790.06 or holds an active certification from the Criminal
   85  Justice Standards and Training Commission as a “law enforcement
   86  officer,” a “correctional officer,” or a “correctional probation
   87  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   88  (9), this subsection does not apply.
   89         (c) This subsection does not apply to the purchase, trade,
   90  or transfer of a rifle or shotgun by a resident of this state
   91  when the resident makes such purchase, trade, or transfer from a
   92  licensed importer, licensed manufacturer, or licensed dealer in
   93  another state.
   94         (d)1.If neither party to a prospective firearms sale,
   95  lease, or transfer is a licensed dealer, the parties to the
   96  transaction must complete the sale, lease, or transfer through a
   97  licensed dealer as follows:
   98         a. The seller, lessor, or transferor must deliver the
   99  firearm to a licensed dealer, who shall process the sale, lease,
  100  or transfer as if she or he were the seller, lessor, or
  101  transferor, except that the seller, lessor, or transferor who is
  102  not a licensed dealer may remove the firearm from the business
  103  premises of the licensed dealer while the background check is
  104  being conducted and while the waiting period requirement set
  105  forth in s. 790.0655 is being met. Other than allowing the
  106  unlicensed seller or transferor to remove the firearm from the
  107  licensed dealer’s business premises, the licensed dealer shall
  108  comply with all requirements of federal and state law which
  109  would apply if she or he were the seller, lessor, or transferor
  110  of the firearm;
  111         b. The licensed dealer shall conduct a background check on
  112  the buyer or other transferee as provided in this section and,
  113  unless the transaction is prohibited, and after all other legal
  114  requirements are met, including those set forth in s. 790.0655,
  115  the licensed dealer shall either:
  116         (I) Deliver the firearm to the seller, lessor, or
  117  transferor, who shall complete the transaction and deliver the
  118  firearm to the buyer; or
  119         (II) If the seller, lessor, or transferor has removed the
  120  firearm from the licensed dealer’s business premises, contact
  121  the seller, lessor, or transferor to let her or him know that he
  122  or she may complete the transaction and deliver the firearm to
  123  the buyer;
  124         c. If the licensed dealer cannot legally complete the
  125  transaction, the dealer must:
  126         (I) Return the firearm to the seller, lessor, or
  127  transferor; or
  128         (II) If the seller, lessor, or transferor has removed the
  129  firearm from the licensed dealer’s business premises, contact
  130  the seller, lessor, or transferor to let her or him know that
  131  the transaction is prohibited, and that the seller, lessor, or
  132  transferor may not deliver the firearm to the buyer; and
  133         d. The licensed dealer may require the buyer or other
  134  transferee to pay a fee covering the administrative costs
  135  incurred by the licensed dealer for facilitating the transfer of
  136  the firearm, plus applicable fees pursuant to federal and state
  137  law.
  138         2. This paragraph does not apply to:
  139         a. The activities of the United States Marshals Service,
  140  members of the United States Armed Forces or the National Guard,
  141  or federal officials required to carry firearms while engaged in
  142  performing their official duties; or
  143         b. The following activities, unless the lawful owner knows
  144  or has reasonable cause to believe that federal, state, or local
  145  law prohibits the transferee from purchasing or possessing
  146  firearms, or that the transferee is likely to use the firearm
  147  for unlawful purposes:
  148         (I) The delivery of a firearm to a gunsmith for service or
  149  repair, or the return of the firearm to its owner by the
  150  gunsmith;
  151         (II) The transfer of a firearm to a carrier, warehouseman,
  152  or other person engaged in the business of transportation or
  153  storage, to the extent that the receipt, possession, or having
  154  on or about the person any firearm is in the ordinary course of
  155  business and in conformity with federal, state, and local laws,
  156  and not for the personal use of any such person;
  157         (III) The loan of a firearm solely for the purpose of
  158  shooting at targets, if the loan occurs on the premises of a
  159  properly licensed target facility and if the firearm is at all
  160  times kept within the premises of the target facility;
  161         (IV) The loan of a firearm to a person who is under 18
  162  years of age for lawful hunting, sporting, or educational
  163  purposes while under the direct supervision and control of a
  164  responsible adult;
  165         (V) The loan of a firearm to a person who is 18 years of
  166  age or older if the firearm remains in the person’s possession
  167  only while the person is accompanying the lawful owner and using
  168  the firearm for lawful hunting, sporting, or recreational
  169  purposes; or
  170         (VI) The loan of a firearm to an adult family member of the
  171  lawful owner of the firearm if the lawful owner resides with the
  172  family member but is not present in the residence, provided that
  173  the family member does not maintain control over the firearm for
  174  more than 10 consecutive days.
  175         (3) In the event of scheduled computer downtime, electronic
  176  failure, or similar emergency beyond the control of the
  177  Department of Law Enforcement, the department shall immediately
  178  notify the licensee of the reason for, and estimated length of,
  179  such delay. After such notification, the department shall
  180  forthwith, and in no event later than the end of the next
  181  business day of the licensee, either inform the requesting
  182  licensee if its records demonstrate that the buyer or transferee
  183  is prohibited from receipt or possession of a firearm pursuant
  184  to Florida and Federal law or provide the licensee with a unique
  185  approval number. Unless notified by the end of said next
  186  business day that the buyer or transferee is so prohibited, and
  187  without regard to whether she or he has received a unique
  188  approval number, the licensee may complete the sale or transfer
  189  and shall not be deemed in violation of this section with
  190  respect to such sale or transfer.
  191         (10) A licensed importer, licensed manufacturer, or
  192  licensed dealer is not required to comply with the requirements
  193  of this section in the event of:
  194         (a) Unavailability of telephone service at the licensed
  195  premises due to the failure of the entity which provides
  196  telephone service in the state, region, or other geographical
  197  area in which the licensee is located to provide telephone
  198  service to the premises of the licensee due to the location of
  199  said premises; or the interruption of telephone service by
  200  reason of hurricane, tornado, flood, natural disaster, or other
  201  act of God, war, invasion, insurrection, riot, or other bona
  202  fide emergency, or other reason beyond the control of the
  203  licensee; or
  204         (b) Failure of the Department of Law Enforcement to comply
  205  with the requirements of subsections (2) and (3).
  206         Section 2. Paragraph (a) of subsection (1) of section
  207  790.0655, Florida Statutes, is amended to read:
  208         790.0655 Purchase and delivery of handguns; mandatory
  209  waiting period; exceptions; penalties.—
  210         (1)(a) There shall be a mandatory 3-day waiting period,
  211  which shall be 3 days, excluding weekends and legal holidays,
  212  between the purchase and the delivery at retail, or the delivery
  213  through a private sale facilitated through a licensed dealer
  214  under s. 790.065(1)(d), of any handgun. “Purchase” means the
  215  transfer of money or other valuable consideration to the
  216  retailer. “Handgun” means a firearm capable of being carried and
  217  used by one hand, such as a pistol or revolver. “Retailer” means
  218  and includes every person engaged in the business of making
  219  sales at retail or for distribution, or use, or consumption, or
  220  storage to be used or consumed in this state, as defined in s.
  221  212.02(13).
  222         Section 3. Paragraph (e) of subsection (3) of section
  223  790.335, Florida Statutes, is amended to read:
  224         790.335 Prohibition of registration of firearms; electronic
  225  records.—
  226         (3) EXCEPTIONS.—The provisions of this section shall not
  227  apply to:
  228         (e)1. Records kept pursuant to the recordkeeping provisions
  229  of s. 790.065; however, nothing in this section shall be
  230  construed to authorize the public release or inspection of
  231  records that are made confidential and exempt from the
  232  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  233         2. Nothing in this paragraph shall be construed to allow
  234  the maintaining of records containing the names of purchasers or
  235  transferees who receive unique approval numbers or the
  236  maintaining of records of firearm transactions.
  237         Section 4. This act shall take effect July 1, 2018.