Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 7030
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Stewart) recommended the
    1         Senate Amendment to Amendment (313546) (with title
    2  amendment)
    4         Between lines 84 and 85
    5  insert:
    6         Section 2. Paragraph (a) of subsection (1) of section
    7  790.065, Florida Statutes, is amended to read:
    8         790.065 Sale and delivery of firearms.—
    9         (1)(a) A licensed importer, licensed manufacturer, or
   10  licensed dealer may not sell or deliver from her or his
   11  inventory at her or his licensed premises any firearm to another
   12  person, other than a licensed importer, licensed manufacturer,
   13  licensed dealer, or licensed collector, until she or he has:
   14         1. Obtained a completed form from the potential buyer or
   15  transferee, which form shall have been promulgated by the
   16  Department of Law Enforcement and provided by the licensed
   17  importer, licensed manufacturer, or licensed dealer, which shall
   18  include the name, date of birth, gender, race, questions about
   19  the buyer’s criminal history and other information relating to
   20  the potential buyer’s or transferee’s eligibility to purchase a
   21  firearm, and social security number or other identification
   22  number of the such potential buyer or transferee and has
   23  inspected proper identification including an identification
   24  containing a photograph of the potential buyer or transferee.
   25         a. In any case in which records reviewed pursuant to
   26  subsection (2) indicate that the potential buyer or transferee
   27  is prohibited from having in her or his care, custody,
   28  possession, or control any firearm under state or federal law
   29  and the potential transfer, sale, or purchase has received a
   30  nonapproval number, the Department of Law Enforcement shall send
   31  notification of such nonapproval to the federal or state
   32  correctional, law enforcement, prosecutorial, and other criminal
   33  justice agencies that have jurisdiction in the county where the
   34  attempted transfer or purchase was made.
   35         b. The Department of Law Enforcement shall, for each
   36  county, identify appropriate federal or state correctional, law
   37  enforcement, prosecutorial, and other criminal justice agencies
   38  to receive the notification described in sub-subparagraph a.
   39         c. The notification described in sub-subparagraph a. must
   40  include the identity of the potential buyer or transferee, the
   41  identity of the licensee who made the inquiry, the date and time
   42  when a nonapproval number was issued, the prohibiting criteria
   43  for the nonapproval, and the location where the attempted
   44  purchase or transfer occurred.
   45         d. The Department of Law Enforcement shall make the
   46  notification described in sub-subparagraph a. within 1 week
   47  after receipt of the notice of the nonapproval, and may
   48  aggregate any notifications required pursuant to sub-
   49  subparagraph a. and issue them together within the required
   50  timeframe, except that a notification may be delayed for as long
   51  as necessary to avoid compromising an ongoing investigation.
   52         e. The Department of Law Enforcement may make the
   53  notification required pursuant to sub-subparagraph a. in any
   54  form, including, but not limited to, by oral or written
   55  communication or by electronic means.
   56         2. Collected a fee from the potential buyer for processing
   57  the criminal history check of the potential buyer. The fee shall
   58  be established by the Department of Law Enforcement and may not
   59  exceed $8 per transaction. The Department of Law Enforcement may
   60  reduce, or suspend collection of, the fee to reflect payment
   61  received from the Federal Government applied to the cost of
   62  maintaining the criminal history check system established by
   63  this section as a means of facilitating or supplementing the
   64  National Instant Criminal Background Check System. The
   65  Department of Law Enforcement shall, by rule, establish
   66  procedures for the fees to be transmitted by the licensee to the
   67  Department of Law Enforcement. Such procedures must provide that
   68  fees may be paid or transmitted by electronic means, including,
   69  but not limited to, debit cards, credit cards, or electronic
   70  funds transfers. All such fees shall be deposited into the
   71  Department of Law Enforcement Operating Trust Fund, but shall be
   72  segregated from all other funds deposited into such trust fund
   73  and must be accounted for separately. Such segregated funds must
   74  not be used for any purpose other than the operation of the
   75  criminal history checks required by this section. The Department
   76  of Law Enforcement, each year before February 1, shall make a
   77  full accounting of all receipts and expenditures of such funds
   78  to the President of the Senate, the Speaker of the House of
   79  Representatives, the majority and minority leaders of each house
   80  of the Legislature, and the chairs of the appropriations
   81  committees of each house of the Legislature. In the event that
   82  the cumulative amount of funds collected exceeds the cumulative
   83  amount of expenditures by more than $2.5 million, excess funds
   84  may be used for the purpose of purchasing soft body armor for
   85  law enforcement officers.
   86         3. Requested, by means of a toll-free telephone call or
   87  other electronic means, the Department of Law Enforcement to
   88  conduct a check of the information as reported and reflected in
   89  the Florida Crime Information Center and National Crime
   90  Information Center systems as of the date of the request.
   91         4. Received a unique approval number for that inquiry from
   92  the Department of Law Enforcement, and recorded the date and
   93  such number on the consent form.
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete line 981
   98  and insert:
   99         applicable; amending s. 790.065, F.S.; requiring the
  100         Department of Law Enforcement to include on a standard
  101         form certain questions concerning a potential firearm
  102         buyer’s criminal history or other information relating
  103         to the person’s eligibility to make the firearm
  104         purchase; requiring the department to notify law
  105         enforcement officials when a potential sale or
  106         transfer receives a nonapproval number; amending s.
  107         843.08, F.S.; adding school