Florida Senate - 2019                                     SB 470
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00688-19                                            2019470__
    1                        A bill to be entitled                      
    2         An act relating to fees; amending s. 790.065, F.S.;
    3         authorizing a licensed dealer to charge the buyer or
    4         transferee of a firearm specified fees; providing a
    5         contingent effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (b) of subsection (1) of section
   10  790.065, Florida Statutes, as amended by SB ___, 2019 Regular
   11  Session, is amended to read:
   12         790.065 Sale and delivery of firearms.—
   13         (1)
   14         (b)1. If neither party to a prospective firearms sale,
   15  lease, or transfer is a licensed dealer, the parties to the
   16  transaction must complete the sale, lease, or transfer through a
   17  licensed dealer as follows:
   18         a. The seller, lessor, or transferor shall deliver the
   19  firearm to a licensed dealer, who shall process the sale, lease,
   20  or transfer as if she or he were the seller, lessor, or
   21  transferor, except that the seller, lessor, or transferor who is
   22  not a licensed dealer may remove the firearm from the business
   23  premises of the licensed dealer while the background check is
   24  being conducted and while the waiting period requirement set
   25  forth in s. 790.0655 is being met. Other than allowing the
   26  unlicensed seller or transferor to remove the firearm from the
   27  licensed dealer’s business premises, the licensed dealer shall
   28  comply with all requirements of federal and state law which
   29  would apply if she or he were the seller, lessor, or transferor
   30  of the firearm;
   31         b. The licensed dealer shall conduct a background check on
   32  the buyer or other transferee as provided in this section and,
   33  unless the transaction is prohibited, and after all other legal
   34  requirements are met, including those set forth in s. 790.0655,
   35  the licensed dealer shall either:
   36         (I) Deliver the firearm to the seller, lessor, or
   37  transferor, who shall complete the transaction and deliver the
   38  firearm to the buyer; or
   39         (II) If the seller, lessor, or transferor has removed the
   40  firearm from the licensed dealer’s business premises, contact
   41  the seller, lessor, or transferor to let her or him know that
   42  she or he may complete the transaction and deliver the firearm
   43  to the buyer; and
   44         c. If the licensed dealer cannot legally complete the
   45  transaction, the dealer must:
   46         (I) Return the firearm to the seller, lessor, or
   47  transferor; or
   48         (II) If the seller, lessor, or transferor has removed the
   49  firearm from the licensed dealer’s business premises, contact
   50  the seller, lessor, or transferor to let her or him know that
   51  the transaction is prohibited and that the seller, lessor, or
   52  transferor may not deliver the firearm to the buyer; and
   53         d. The licensed dealer may require the buyer or other
   54  transferee to pay a fee covering the administrative costs
   55  incurred by the licensed dealer for facilitating the transfer of
   56  the firearm, plus applicable fees pursuant to federal and state
   57  law.
   58         2. This paragraph does not apply to:
   59         a. The activities of the United States Marshals Service,
   60  members of the United States Armed Forces or the National Guard,
   61  or federal officials required to carry firearms while engaged in
   62  performing their official duties; or
   63         b. The following activities, unless the lawful owner knows
   64  or has reasonable cause to believe that federal, state, or local
   65  law prohibits the transferee from purchasing or possessing
   66  firearms or that the transferee is likely to use the firearm for
   67  unlawful purposes:
   68         (I) The delivery of a firearm to a gunsmith for service or
   69  repair or the return of the firearm to its owner by the
   70  gunsmith;
   71         (II) The transfer of a firearm to a carrier, warehouseman,
   72  or other person engaged in the business of transportation or
   73  storage, to the extent that the receipt, possession, or having
   74  on or about the person any firearm is in the ordinary course of
   75  business and in conformity with federal, state, and local laws,
   76  and not for the personal use of any such person;
   77         (III) The loan of a firearm solely for the purpose of
   78  shooting at targets, if the loan occurs on the premises of a
   79  properly licensed target facility and if the firearm is at all
   80  times kept within the premises of the target facility;
   81         (IV) The loan of a firearm to a person who is under 18
   82  years of age for lawful hunting, sporting, or educational
   83  purposes while under the direct supervision and control of a
   84  responsible adult;
   85         (V) The loan of a firearm to a person who is 18 years of
   86  age or older if the firearm remains in the person’s possession
   87  only while the person is accompanying the lawful owner and using
   88  the firearm for lawful hunting, sporting, or recreational
   89  purposes; or
   90         (VI) The loan of a firearm to an adult family member of the
   91  lawful owner of the firearm if the lawful owner resides with the
   92  family member but is not present in the residence and the family
   93  member does not maintain control over the firearm for more than
   94  10 consecutive days.
   95  
   96  This subsection does not apply if the person purchasing, or
   97  receiving delivery of the firearm holds an active certification
   98  from the Criminal Justice Standards and Training Commission as a
   99  “law enforcement officer,” a “correctional officer,” or a
  100  “correctional probation officer” as defined in s. 943.10(1),
  101  (2), (3), (6), (7), (8), or (9).
  102         Section 2. This act shall take effect on the same date that
  103  SB ___ or similar legislation takes effect, if such legislation
  104  is adopted in the same legislative session or an extension
  105  thereof and becomes a law.