Florida Senate - 2019                                     SB 788
       By Senator Book
       32-00288C-19                                           2019788__
    1                        A bill to be entitled                      
    2         An act relating to firearms; creating s. 397.6753,
    3         F.S.; authorizing a law enforcement officer acting in
    4         accordance with certain provisions to serve and
    5         execute a court order on any day and at any time;
    6         authorizing a law enforcement officer acting in
    7         accordance with certain provisions to use reasonable
    8         physical force to gain entry to the premises or any
    9         dwelling on such premises and take custody of the
   10         person subject to the court order; requiring the
   11         assigning of serving and executing the court order to
   12         a law enforcement officer with certain training, when
   13         practicable; authorizing a law enforcement officer
   14         taking custody of the person to seize and hold that
   15         person’s firearms and ammunition under certain
   16         circumstances; authorizing a law enforcement officer,
   17         taking custody of the person subject to the court
   18         order, to seek the voluntary surrender of firearms and
   19         ammunition under certain circumstances; authorizing a
   20         law enforcement officer to petition for a risk
   21         protection order under certain circumstances;
   22         requiring that firearms seized or surrendered be made
   23         available for return within a certain timeframe and
   24         under specified circumstances; prohibiting the process
   25         for the return of such firearms or ammunition to take
   26         longer than a certain timeframe; requiring law
   27         enforcement agencies to develop specified policies and
   28         procedures; amending s. 744.3215, F.S.; authorizing a
   29         court to remove the right to purchase, own, sell, or
   30         possess firearms or ammunition of a person found to be
   31         incapacitated; requiring a guardian or an agent to
   32         file an inventory of the incapacitated person’s
   33         firearms and ammunition with the court if this right
   34         is removed; requiring the guardian or agent to place
   35         the firearms and ammunition in the custody of a local
   36         law enforcement agency or petition the court for an
   37         alternative storage arrangement outside of the
   38         incapacitated person’s control; requiring a law
   39         enforcement agency to accept such firearms and
   40         ammunition; providing for the disposal, donation,
   41         transfer, or sale of the firearms and ammunition under
   42         certain circumstances, through court petition;
   43         requiring written notification by certified mail to
   44         the court and the incapacitated person of such intent
   45         to petition; requiring a court hearing if there is an
   46         objection to the disposal, donation, transfer, or
   47         sale; amending s. 790.064, F.S.; requiring the
   48         Department of Law Enforcement, in certain cases, to
   49         investigate individuals upon whom a firearm disability
   50         is imposed on or after a certain date and, if they are
   51         in possession of firearms or ammunition, to seize the
   52         firearms and ammunition following specified
   53         procedures; amending s. 790.065, F.S.; revising the
   54         definition of the term “committed to a mental
   55         institution”; authorizing a judge or magistrate, when
   56         reviewing a petition for involuntary treatment, to
   57         refer a case to the department to investigate, in
   58         certain cases, individuals upon whom a firearm
   59         disability is imposed on or after a certain date and,
   60         if they are in possession of any firearms or
   61         ammunition, to seize the firearms and ammunition
   62         following specified procedures; requiring the
   63         Department of Children and Families and the Department
   64         of Law Enforcement to enforce certain reporting
   65         provisions; requiring all licensed mental health and
   66         substance abuse service providers to comply with
   67         certain provisions by a specified date; providing
   68         penalties for violations; increasing the time periods
   69         under which a clerk of the court must present certain
   70         records to a judge or magistrate and submit such
   71         records to the department, if applicable; conforming
   72         provisions to changes made by the act; providing an
   73         effective date.
   75  Be It Enacted by the Legislature of the State of Florida:
   77         Section 1. Section 397.6753, Florida Statutes, is created
   78  to read:
   79         397.6753 Ability of law enforcement to seize firearms.—
   80         (1)If a law enforcement officer is acting in accordance
   81  with the involuntary admissions procedures of this chapter or a
   82  related court order, he or she may:
   83         (a) Serve and execute such order on any day of the week, at
   84  any time of the day or night; and
   85         (b) Use reasonable physical force to gain entry to the
   86  premises or any dwellings, buildings, or other structures
   87  located on the premises and take custody of the person who is
   88  the subject of the court order. When practicable, a law
   89  enforcement officer who has received crisis intervention team
   90  training shall be assigned to serve and execute the order.
   91         (2)A law enforcement officer taking custody of a person
   92  under subsection (1) may seize and hold a firearm or any
   93  ammunition the person possesses at the time of taking him or her
   94  into custody if the person poses a potential danger to himself
   95  or herself or others and has made a credible threat of violence
   96  against himself or herself or another person.
   97         (3)If the law enforcement officer takes custody of the
   98  person at the person’s residence and the criteria in subsection
   99  (2) have been met, the law enforcement officer may seek the
  100  voluntary surrender of firearms or ammunition kept in the
  101  residence which have not already been seized under subsection
  102  (2). If such firearms or ammunition are not voluntarily
  103  surrendered, or if the person has other firearms or ammunition
  104  that were not seized or voluntarily surrendered when he or she
  105  was taken into custody, a law enforcement officer may petition
  106  the appropriate court under s. 790.401 for a risk protection
  107  order to remove such firearms and ammunition of the person.
  108         (4)Firearms or ammunition seized or voluntarily
  109  surrendered pursuant to this section must be made available for
  110  return no later than 24 hours after the person taken into
  111  custody can demonstrate that he or she is no longer subject to
  112  involuntary treatment and has been released or discharged from
  113  any treatment provided, unless a risk protection order entered
  114  under s. 790.401 directs the law enforcement agency to hold the
  115  firearms or ammunition for a longer period, the person is
  116  subject to a firearm purchase disability under s. 790.065(2), or
  117  a firearm possession and firearm ownership disability under s.
  118  790.064 applies. The process for the actual return of firearms
  119  or ammunition seized or voluntarily surrendered under this
  120  subsection may not take longer than 7 days, and law enforcement
  121  agencies must develop policies and procedures relating to the
  122  seizure, storage, and return of firearms or ammunition held
  123  under this section.
  124         Section 2. Subsection (2) of section 744.3215, Florida
  125  Statutes, is amended to read:
  126         744.3215 Rights of persons determined incapacitated.—
  127         (2) Rights that may be removed from a person by an order
  128  determining incapacity but not delegated to a guardian include
  129  the right:
  130         (a) To marry. If the right to enter into a contract has
  131  been removed, the right to marry is subject to court approval.
  132         (b) To vote.
  133         (c) To personally apply for government benefits.
  134         (d) To have a driver license.
  135         (e) To travel.
  136         (f) To seek or retain employment.
  137         (g)1. To purchase, own, sell, or possess firearms and
  138  ammunition. If this right is removed, the guardian, or the agent
  139  under a power of attorney if there is no guardianship, must file
  140  an inventory of the incapacitated person’s firearms and
  141  ammunition with the court and either place the firearms and
  142  ammunition in the custody of a local law enforcement agency in
  143  the county where the incapacitated person resides or where the
  144  guardianship is being administered, or petition the court for
  145  alternative storage of such firearms and ammunition outside of
  146  the incapacitated person’s control. This alternative storage
  147  entity must be able to legally possess firearms and ammunition,
  148  and the guardian or the agent must disclose to the court whether
  149  the entity will charge a storage fee.
  150         2. A law enforcement agency must accept such firearms and
  151  ammunition. If, after 10 years, the incapacitated person has not
  152  successfully had his or her firearm and ammunition right
  153  restored, the law enforcement agency or the alternative storage
  154  entity may petition the court to dispose of, donate, transfer,
  155  or sell the incapacitated person’s firearms and ammunition to a
  156  person or entity legally able to possess firearms and
  157  ammunition. Before petitioning the court, the law enforcement
  158  agency or the alternative storage entity must notify the court
  159  and the incapacitated person in writing by certified mail of its
  160  intent. If the incapacitated person or his or her guardian or
  161  agent files a written objection with the court, the court must
  162  hold a hearing to determine whether there is good cause for the
  163  continued storage of the incapacitated person’s firearms and
  164  ammunition.
  165         Section 3. Subsection (2) of section 790.064, Florida
  166  Statutes, is amended to read:
  167         790.064 Firearm possession and firearm ownership
  168  disability.—
  169         (2) The firearm possession and firearm ownership disability
  170  runs concurrently with the firearm purchase disability provided
  171  in s. 790.065(2). If the Department of Law Enforcement has
  172  reason to believe that an individual upon whom any type of
  173  firearm disability is imposed on or after July 1, 2019,
  174  possesses any firearms or ammunition, the department shall
  175  investigate and seize any such firearms and ammunition pursuant
  176  to the procedures in s. 790.401.
  177         Section 4. Section 790.065, Florida Statutes, is amended to
  178  read:
  179         790.065 Sale, and delivery, and possession of firearms.—
  180         (1)(a) A licensed importer, licensed manufacturer, or
  181  licensed dealer may not sell or deliver from her or his
  182  inventory at her or his licensed premises any firearm to another
  183  person, other than a licensed importer, licensed manufacturer,
  184  licensed dealer, or licensed collector, until she or he has:
  185         1. Obtained a completed form from the potential buyer or
  186  transferee, which form shall have been adopted promulgated by
  187  the Department of Law Enforcement and provided by the licensed
  188  importer, licensed manufacturer, or licensed dealer, which shall
  189  include the name, date of birth, gender, race, and social
  190  security number or other identification number of such potential
  191  buyer or transferee and has inspected proper identification
  192  including an identification containing a photograph of the
  193  potential buyer or transferee.
  194         2. Collected a fee from the potential buyer for processing
  195  the criminal history check of the potential buyer. The fee shall
  196  be established by the Department of Law Enforcement and may not
  197  exceed $8 per transaction. The Department of Law Enforcement may
  198  reduce, or suspend collection of, the fee to reflect payment
  199  received from the Federal Government applied to the cost of
  200  maintaining the criminal history check system established by
  201  this section as a means of facilitating or supplementing the
  202  National Instant Criminal Background Check System. The
  203  Department of Law Enforcement shall, by rule, establish
  204  procedures for the fees to be transmitted by the licensee to the
  205  Department of Law Enforcement. Such procedures must provide that
  206  fees may be paid or transmitted by electronic means, including,
  207  but not limited to, debit cards, credit cards, or electronic
  208  funds transfers. All such fees shall be deposited into the
  209  Department of Law Enforcement Operating Trust Fund, but shall be
  210  segregated from all other funds deposited into such trust fund
  211  and must be accounted for separately. Such segregated funds must
  212  not be used for any purpose other than the operation of the
  213  criminal history checks required by this section. The Department
  214  of Law Enforcement, each year before February 1, shall make a
  215  full accounting of all receipts and expenditures of such funds
  216  to the President of the Senate, the Speaker of the House of
  217  Representatives, the majority and minority leaders of each house
  218  of the Legislature, and the chairs of the appropriations
  219  committees of each house of the Legislature. In the event that
  220  the cumulative amount of funds collected exceeds the cumulative
  221  amount of expenditures by more than $2.5 million, excess funds
  222  may be used for the purpose of purchasing soft body armor for
  223  law enforcement officers.
  224         3. Requested, by means of a toll-free telephone call or
  225  other electronic means, the Department of Law Enforcement to
  226  conduct a check of the information as reported and reflected in
  227  the Florida Crime Information Center and National Crime
  228  Information Center systems as of the date of the request.
  229         4. Received a unique approval number for that inquiry from
  230  the Department of Law Enforcement, and recorded the date and
  231  such number on the consent form.
  232         (b) However, if the person purchasing, or receiving
  233  delivery of, the firearm is a holder of a valid concealed
  234  weapons or firearms license pursuant to the provisions of s.
  235  790.06 or holds an active certification from the Criminal
  236  Justice Standards and Training Commission as a “law enforcement
  237  officer,” a “correctional officer,” or a “correctional probation
  238  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  239  (9), this subsection does not apply.
  240         (c) This subsection does not apply to the purchase, trade,
  241  or transfer of a rifle or shotgun by a resident of this state
  242  when the resident makes such purchase, trade, or transfer from a
  243  licensed importer, licensed manufacturer, or licensed dealer in
  244  another state.
  245         (2) Upon receipt of a request for a criminal history record
  246  check, the Department of Law Enforcement shall, during the
  247  licensee’s call or by return call, forthwith:
  248         (a) Review any records available to determine if the
  249  potential buyer or transferee:
  250         1. Has been convicted of a felony and is prohibited from
  251  receipt or possession of a firearm pursuant to s. 790.23;
  252         2. Has been convicted of a misdemeanor crime of domestic
  253  violence, and therefore is prohibited from purchasing a firearm;
  254         3. Has had adjudication of guilt withheld or imposition of
  255  sentence suspended on any felony or misdemeanor crime of
  256  domestic violence unless 3 years have elapsed since probation or
  257  any other conditions set by the court have been fulfilled or
  258  expunction has occurred; or
  259         4. Has been adjudicated mentally defective or has been
  260  committed to a mental institution by a court or as provided in
  261  sub-sub-subparagraph b.(II), and as a result is prohibited by
  262  state or federal law from purchasing or possessing a firearm.
  263         a. As used in this subparagraph, “adjudicated mentally
  264  defective” means a determination by a court that a person, as a
  265  result of marked subnormal intelligence, or mental illness,
  266  incompetency, condition, or disease, is a danger to himself or
  267  herself or to others or lacks the mental capacity to contract or
  268  manage his or her own affairs. The phrase includes a judicial
  269  finding of incapacity under s. 744.331(6)(a), an acquittal by
  270  reason of insanity of a person charged with a criminal offense,
  271  and a judicial finding that a criminal defendant is not
  272  competent to stand trial.
  273         b. As used in this subparagraph, “committed to a mental
  274  institution” means:
  275         (I) Involuntary commitment, commitment for mental
  276  defectiveness or mental illness, and commitment for substance
  277  abuse. The phrase includes involuntary inpatient placement as
  278  defined in s. 394.467, involuntary outpatient placement as
  279  defined in s. 394.4655, involuntary assessment and stabilization
  280  under s. 397.6818, and involuntary substance abuse treatment
  281  under s. 397.6957, but does not include a person in a mental
  282  institution for observation or discharged from a mental
  283  institution based upon the initial review by the physician or a
  284  voluntary admission to a mental institution; or
  285         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  286  admission to a substance abuse treatment facility under s.
  287  397.601 or a mental institution for outpatient or inpatient
  288  treatment of a person who had an involuntary examination under
  289  s. 394.463, where each of the following conditions has have been
  290  met:
  291         (A) An examining physician or the treatment facility
  292  administrator found that the person is an imminent danger to
  293  himself or herself or others.
  294         (B) The examining physician or the treatment facility
  295  administrator certified that if the person did not agree to
  296  voluntary treatment, a petition for involuntary outpatient or
  297  inpatient treatment would have been filed under s.
  298  394.463(2)(g)4. or s. 397.693; or an involuntary, or the
  299  examining physician certified that a petition was filed and the
  300  person subsequently agreed to voluntary treatment prior to a
  301  court hearing on the petition.
  302         (C) Before agreeing to voluntary treatment, the person
  303  received written notice of that finding and certification, and
  304  written notice that as a result of such finding, he or she may
  305  be prohibited from purchasing or possessing a firearm, and may
  306  not be eligible to apply for or retain a concealed weapon or
  307  firearms license under s. 790.06 and the person signed or
  308  otherwise acknowledged such notice in writing, in substantially
  309  the following form:
  311  “I understand that the doctor who examined me believes I am a
  312  danger to myself or to others. I understand that if I do not
  313  agree to voluntary treatment, a petition will be filed in court
  314  to require me to receive involuntary treatment. I understand
  315  that if that petition is filed, I have the right to contest it.
  316  In the event a petition has been filed, I understand that I can
  317  subsequently agree to voluntary treatment prior to a court
  318  hearing. I understand that by agreeing to voluntary treatment in
  319  either of these situations, I may be prohibited from buying,
  320  selling, or possessing firearms and from applying for or
  321  retaining a concealed weapons or firearms license until I apply
  322  for and receive relief from that restriction under Florida law.”
  324         (D) A judge or a magistrate has, pursuant to sub-sub
  325  subparagraph c.(II), reviewed the record of the finding,
  326  certification, notice, and written acknowledgment classifying
  327  the person as an imminent danger to himself or herself or
  328  others, and ordered that such record be submitted to the
  329  department. When reviewing the petition, the judge or magistrate
  330  may also refer the case to the department, and if it has reason
  331  to believe that an individual upon whom any type of firearm
  332  disability is imposed on or after July 1, 2019, possesses any
  333  firearms or ammunition, the department shall investigate and
  334  seize any such firearms and ammunition pursuant to the
  335  procedures in s. 790.401.
  336         c. In order to check for these conditions, the department
  337  shall compile and maintain an automated database of persons who
  338  are prohibited from purchasing or possessing a firearm based on
  339  court records of adjudications of mental defectiveness or
  340  commitments to mental institutions. The Department of Children
  341  and Families and the Department of Law Enforcement shall enforce
  342  the reporting provisions of this section, and all licensed
  343  mental health and substance abuse service providers shall fully
  344  comply with this section by January 1, 2020. If, on or after
  345  that date, either department finds that a provider is not in
  346  compliance with the reporting provisions, it may impose a
  347  $100,000 fine for the first offense and a $250,000 fine for the
  348  second offense and may suspend the provider’s license for the
  349  third offense.
  350         (I) Except as provided in sub-sub-subparagraph (II), clerks
  351  of court shall submit these records to the department within 1
  352  month after the rendition of the adjudication or commitment.
  353  Reports shall be submitted in an automated format. The reports
  354  must, at a minimum, include the name, along with any known alias
  355  or former name, the sex, and the date of birth of the subject.
  356         (II) For persons committed to a mental institution pursuant
  357  to sub-sub-subparagraph b.(II), within 24 hours after the
  358  person’s agreement to voluntary admission, a record of the
  359  finding, certification, notice, and written acknowledgment must
  360  be filed by the administrator of the receiving or treatment
  361  facility, as defined in s. 394.455, with the clerk of the court
  362  for the county in which the involuntary examination under s.
  363  394.463 occurred. No fee shall be charged for the filing under
  364  this sub-sub-subparagraph. The clerk must present the records to
  365  a judge or magistrate within 72 24 hours after receipt of the
  366  records. A judge or magistrate is required and has the lawful
  367  authority to review the records ex parte and, if the judge or
  368  magistrate determines that the record supports the classifying
  369  of the person as an imminent danger to himself or herself or
  370  others, to order that the record be submitted to the department.
  371  If a judge or magistrate orders the submittal of the record to
  372  the department, the record must be submitted to the department
  373  within 72 24 hours.
  374         d. A person who has been adjudicated mentally defective or
  375  committed to a mental institution, as those terms are defined in
  376  this paragraph, may petition the court that made the
  377  adjudication or commitment, or the court that ordered that the
  378  record be submitted to the department pursuant to sub-sub
  379  subparagraph c.(II), for relief from the firearm disabilities or
  380  seizure imposed by such adjudication or commitment. A copy of
  381  the petition shall be served on the state attorney for the
  382  county in which the person was adjudicated or committed. The
  383  state attorney may object to and present evidence relevant to
  384  the relief sought by the petition. The hearing on the petition
  385  may be open or closed as the petitioner may choose. The
  386  petitioner may present evidence and subpoena witnesses to appear
  387  at the hearing on the petition. The petitioner may confront and
  388  cross-examine witnesses called by the state attorney. A record
  389  of the hearing shall be made by a certified court reporter or by
  390  court-approved electronic means. The court shall make written
  391  findings of fact and conclusions of law on the issues before it
  392  and issue a final order. The court shall grant the relief
  393  requested in the petition if the court finds, based on the
  394  evidence presented with respect to the petitioner’s reputation,
  395  the petitioner’s mental health record and, if applicable,
  396  criminal history record, the circumstances surrounding the
  397  firearm disability or seizure, and any other evidence in the
  398  record, that the petitioner will not be likely to act in a
  399  manner that is dangerous to public safety and that granting the
  400  relief would not be contrary to the public interest. If the
  401  final order denies relief, the petitioner may not petition again
  402  for relief from firearm disabilities or seizure until 1 year
  403  after the date of the final order. The petitioner may seek
  404  judicial review of a final order denying relief in the district
  405  court of appeal having jurisdiction over the court that issued
  406  the order. The review shall be conducted de novo. Relief from a
  407  firearm disability or seizure granted under this sub
  408  subparagraph has no effect on the loss of civil rights,
  409  including firearm rights, for any reason other than the
  410  particular adjudication of mental defectiveness or commitment to
  411  a mental institution from which relief is granted.
  412         e. Upon receipt of proper notice of relief from firearm
  413  disabilities or seizure granted under sub-subparagraph d., the
  414  department shall delete any mental health record of the person
  415  granted relief from the automated database of persons who are
  416  prohibited from purchasing or possessing a firearm based on
  417  court records of adjudications of mental defectiveness or
  418  commitments to mental institutions.
  419         f. The department is authorized to disclose data collected
  420  pursuant to this subparagraph to agencies of the Federal
  421  Government and other states for use exclusively in determining
  422  the lawfulness of a firearm sale or transfer. The department is
  423  also authorized to disclose this data to the Department of
  424  Agriculture and Consumer Services for purposes of determining
  425  eligibility for issuance of a concealed weapons or concealed
  426  firearms license and for determining whether a basis exists for
  427  revoking or suspending a previously issued license pursuant to
  428  s. 790.06(10). When a potential buyer or transferee appeals a
  429  nonapproval based on these records, the clerks of court and
  430  mental institutions shall, upon request by the department,
  431  provide information to help determine whether the potential
  432  buyer or transferee is the same person as the subject of the
  433  record. Photographs and any other data that could confirm or
  434  negate identity must be made available to the department for
  435  such purposes, notwithstanding any other provision of state law
  436  to the contrary. Any such information that is made confidential
  437  or exempt from disclosure by law shall retain such confidential
  438  or exempt status when transferred to the department.
  439         (b) Inform the licensee making the inquiry either that
  440  either records demonstrate that the buyer or transferee is so
  441  prohibited and provide the licensee a nonapproval number, or
  442  provide the licensee with a unique approval number.
  443         (c)1. Review any records available to it to determine
  444  whether the potential buyer or transferee has been indicted or
  445  has had an information filed against her or him for an offense
  446  that is a felony under either state or federal law, or, as
  447  mandated by federal law, has had an injunction for protection
  448  against domestic violence entered against the potential buyer or
  449  transferee under s. 741.30, has had an injunction for protection
  450  against repeat violence entered against the potential buyer or
  451  transferee under s. 784.046, or has been arrested for a
  452  dangerous crime as specified in s. 907.041(4)(a) or for any of
  453  the following enumerated offenses:
  454         a. Criminal anarchy under ss. 876.01 and 876.02.
  455         b. Extortion under s. 836.05.
  456         c. Explosives violations under s. 552.22(1) and (2).
  457         d. Controlled substances violations under chapter 893.
  458         e. Resisting an officer with violence under s. 843.01.
  459         f. Weapons and firearms violations under this chapter.
  460         g. Treason under s. 876.32.
  461         h. Assisting self-murder under s. 782.08.
  462         i. Sabotage under s. 876.38.
  463         j. Stalking or aggravated stalking under s. 784.048.
  465  If the review indicates any such indictment, information, or
  466  arrest, the department shall provide to the licensee a
  467  conditional nonapproval number.
  468         2. Within 24 working hours, the department shall determine
  469  the disposition of the indictment, information, or arrest and
  470  inform the licensee as to whether the potential buyer is
  471  prohibited from receiving or possessing a firearm. For purposes
  472  of this paragraph, “working hours” means the hours from 8 a.m.
  473  to 5 p.m. Monday through Friday, excluding legal holidays.
  474         3. The office of the clerk of court, at no charge to the
  475  department, shall respond to any department request for data on
  476  the disposition of the indictment, information, or arrest as
  477  soon as possible, but in no event later than 8 working hours.
  478         4. The department shall determine as quickly as possible
  479  within the allotted time period whether the potential buyer is
  480  prohibited from receiving or possessing a firearm.
  481         5. If the potential buyer is not so prohibited, or if the
  482  department cannot determine the disposition information within
  483  the allotted time period, the department shall provide the
  484  licensee with a conditional approval number.
  485         6. If the buyer is so prohibited, the conditional
  486  nonapproval number shall become a nonapproval number.
  487         7. The department shall continue its attempts to obtain the
  488  disposition information and may retain a record of all approval
  489  numbers granted without sufficient disposition information. If
  490  the department later obtains disposition information that which
  491  indicates:
  492         a. That the potential buyer is not prohibited from owning a
  493  firearm, it shall treat the record of the transaction in
  494  accordance with this section; or
  495         b. That the potential buyer is prohibited from owning a
  496  firearm, it shall immediately revoke the conditional approval
  497  number and notify local law enforcement.
  498         8. During the time that disposition of the indictment,
  499  information, or arrest is pending and until the department is
  500  notified by the potential buyer that there has been a final
  501  disposition of the indictment, information, or arrest, the
  502  conditional nonapproval number shall remain in effect.
  503         (3) In the event of scheduled computer downtime, electronic
  504  failure, or similar emergency beyond the control of the
  505  Department of Law Enforcement, the department shall immediately
  506  notify the licensee of the reason for, and estimated length of,
  507  such delay. After such notification, the department shall
  508  forthwith, and in no event later than the end of the next
  509  business day of the licensee, either inform the requesting
  510  licensee if its records demonstrate that the buyer or transferee
  511  is prohibited from receipt or possession of a firearm pursuant
  512  to Florida and Federal law or provide the licensee with a unique
  513  approval number. Unless notified by the end of the said next
  514  business day that the buyer or transferee is so prohibited, and
  515  without regard to whether she or he has received a unique
  516  approval number, the licensee may complete the sale or transfer
  517  and shall not be deemed in violation of this section with
  518  respect to such sale or transfer.
  519         (4)(a) Any records containing any of the information set
  520  forth in subsection (1) pertaining to a buyer or transferee who
  521  is not found to be prohibited from receipt or transfer of a
  522  firearm by reason of Florida and federal law which records are
  523  created by the Department of Law Enforcement to conduct the
  524  criminal history record check shall be confidential and exempt
  525  from the provisions of s. 119.07(1) and may not be disclosed by
  526  the Department of Law Enforcement or any officer or employee
  527  thereof to any person or to another agency. The Department of
  528  Law Enforcement shall destroy any such records forthwith after
  529  it communicates the approval and nonapproval numbers to the
  530  licensee and, in any event, such records shall be destroyed
  531  within 48 hours after the day of the response to the licensee’s
  532  request.
  533         (b) Notwithstanding the provisions of this subsection, the
  534  Department of Law Enforcement may maintain records of NCIC
  535  transactions to the extent required by the Federal Government,
  536  and may maintain a log of dates of requests for criminal history
  537  records checks, unique approval and nonapproval numbers, license
  538  identification numbers, and transaction numbers corresponding to
  539  such dates for a period of not longer than 2 years or as
  540  otherwise required by law.
  541         (c) Nothing in this chapter shall be construed to allow the
  542  State of Florida to maintain records containing the names of
  543  purchasers or transferees who receive unique approval numbers or
  544  to maintain records of firearm transactions.
  545         (d) Any officer or employee, or former officer or employee
  546  of the Department of Law Enforcement or law enforcement agency
  547  who intentionally and maliciously violates the provisions of
  548  this subsection commits a felony of the third degree punishable
  549  as provided in s. 775.082 or s. 775.083.
  550         (5) The Department of Law Enforcement shall establish a
  551  toll-free telephone number which shall be operational 7 days a
  552  week with the exception of Christmas Day and New Year’s Day, for
  553  a period of 12 hours a day beginning at 9 a.m. and ending at 9
  554  p.m., for purposes of responding to inquiries as described in
  555  this section from licensed manufacturers, licensed importers,
  556  and licensed dealers. The Department of Law Enforcement shall
  557  employ and train such personnel as are necessary expeditiously
  558  to administer the provisions of this section.
  559         (6) Any person who is denied the right to receive or
  560  purchase a firearm as a result of the procedures established by
  561  this section may request a criminal history records review and
  562  correction in accordance with the rules adopted promulgated by
  563  the Department of Law Enforcement.
  564         (7) It is shall be unlawful for any licensed dealer,
  565  licensed manufacturer, or licensed importer willfully and
  566  intentionally to request criminal history record information
  567  under false pretenses, or willfully and intentionally to
  568  disseminate criminal history record information to any person
  569  other than the subject of such information. Any person convicted
  570  of a violation of this subsection commits a felony of the third
  571  degree punishable as provided in s. 775.082 or s. 775.083.
  572         (8) The Department of Law Enforcement shall adopt
  573  promulgate regulations to ensure the identity, confidentiality,
  574  and security of all records and data provided pursuant to this
  575  section.
  576         (9) This section shall become effective at such time as the
  577  Department of Law Enforcement has notified all licensed
  578  importers, licensed manufacturers, and licensed dealers in
  579  writing that the procedures and toll-free number described in
  580  this section are operational. This section shall remain in
  581  effect only during such times as the procedures described in
  582  subsection (2) remain operational.
  583         (10) A licensed importer, licensed manufacturer, or
  584  licensed dealer is not required to comply with the requirements
  585  of this section in the event of:
  586         (a) Unavailability of telephone service at the licensed
  587  premises due to the failure of the entity which provides
  588  telephone service in the state, region, or other geographical
  589  area in which the licensee is located to provide telephone
  590  service to the premises of the licensee due to the location of
  591  said premises; or the interruption of telephone service by
  592  reason of hurricane, tornado, flood, natural disaster, or other
  593  act of God, war, invasion, insurrection, riot, or other bona
  594  fide emergency, or other reason beyond the control of the
  595  licensee; or
  596         (b) Failure of the Department of Law Enforcement to comply
  597  with the requirements of subsections (2) and (3).
  598         (11) Compliance with the provisions of this chapter shall
  599  be a complete defense to any claim or cause of action under the
  600  laws of any state for liability for damages arising from the
  601  importation or manufacture, or the subsequent sale or transfer
  602  to any person who has been convicted in any court of a crime
  603  punishable by imprisonment for a term exceeding 1 year, of any
  604  firearm that which has been shipped or transported in interstate
  605  or foreign commerce. The Department of Law Enforcement, its
  606  agents and employees shall not be liable for any claim or cause
  607  of action under the laws of any state for liability for damages
  608  arising from its actions in lawful compliance with this section.
  609         (12)(a) Any potential buyer or transferee who willfully and
  610  knowingly provides false information or false or fraudulent
  611  identification commits a felony of the third degree punishable
  612  as provided in s. 775.082 or s. 775.083.
  613         (b) Any licensed importer, licensed manufacturer, or
  614  licensed dealer who violates the provisions of subsection (1)
  615  commits a felony of the third degree punishable as provided in
  616  s. 775.082 or s. 775.083.
  617         (c) Any employee or agency of a licensed importer, licensed
  618  manufacturer, or licensed dealer who violates the provisions of
  619  subsection (1) commits a felony of the third degree punishable
  620  as provided in s. 775.082 or s. 775.083.
  621         (d) Any person who knowingly acquires a firearm through
  622  purchase or transfer intended for the use of a person who is
  623  prohibited by state or federal law from possessing or receiving
  624  a firearm commits a felony of the third degree, punishable as
  625  provided in s. 775.082 or s. 775.083.
  626         (13) A person younger than 21 years of age may not purchase
  627  a firearm. The sale or transfer of a firearm to a person younger
  628  than 21 years of age may not be made or facilitated by a
  629  licensed importer, licensed manufacturer, or licensed dealer. A
  630  person who violates this subsection commits a felony of the
  631  third degree, punishable as provided in s. 775.082, s. 775.083,
  632  or s. 775.084. The prohibitions of this subsection do not apply
  633  to the purchase of a rifle or shotgun by a law enforcement
  634  officer or correctional officer, as those terms are defined in
  635  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  636  servicemember as defined in s. 250.01.
  637         (14) This section does not apply to employees of sheriff’s
  638  offices, municipal police departments, correctional facilities
  639  or agencies, or other criminal justice or governmental agencies
  640  when the purchases or transfers are made on behalf of an
  641  employing agency for official law enforcement purposes.
  642         Section 5. This act shall take effect July 1, 2019.