Florida Senate - 2021                                    SB 1170
       By Senator Book
       32-01447-21                                           20211170__
    1                        A bill to be entitled                      
    2         An act relating to sales of ammunition; providing a
    3         short title; amending s. 790.065, F.S.; requiring
    4         background checks for the sale or transfer of
    5         ammunition; providing exceptions; conforming
    6         provisions to changes made by the act; providing an
    7         effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. This act may be cited as “Jaime’s Law.”
   12         Section 2. Section 790.065, Florida Statutes, is amended to
   13  read:
   14         790.065 Sale and delivery of firearms and ammunition.—
   15         (1)(a) A licensed importer, licensed manufacturer, or
   16  licensed dealer may not sell or deliver from her or his
   17  inventory at her or his licensed premises any firearm or
   18  ammunition to another person, other than a licensed importer,
   19  licensed manufacturer, licensed dealer, or licensed collector,
   20  until she or he has:
   21         1. Obtained a completed form from the potential buyer or
   22  transferee, which form shall have been promulgated by the
   23  Department of Law Enforcement and provided by the licensed
   24  importer, licensed manufacturer, or licensed dealer, which shall
   25  include the name, date of birth, gender, race, and social
   26  security number or other identification number of such potential
   27  buyer or transferee and has inspected proper identification
   28  including an identification containing a photograph of the
   29  potential buyer or transferee.
   30         2. Collected a fee from the potential buyer for processing
   31  the criminal history check of the potential buyer. The fee shall
   32  be established by the Department of Law Enforcement and may not
   33  exceed $8 per transaction. The Department of Law Enforcement may
   34  reduce, or suspend collection of, the fee to reflect payment
   35  received from the Federal Government applied to the cost of
   36  maintaining the criminal history check system established by
   37  this section as a means of facilitating or supplementing the
   38  National Instant Criminal Background Check System. The
   39  Department of Law Enforcement shall, by rule, establish
   40  procedures for the fees to be transmitted by the licensee to the
   41  Department of Law Enforcement. Such procedures must provide that
   42  fees may be paid or transmitted by electronic means, including,
   43  but not limited to, debit cards, credit cards, or electronic
   44  funds transfers. All such fees shall be deposited into the
   45  Department of Law Enforcement Operating Trust Fund, but shall be
   46  segregated from all other funds deposited into such trust fund
   47  and must be accounted for separately. Such segregated funds must
   48  not be used for any purpose other than the operation of the
   49  criminal history checks required by this section. The Department
   50  of Law Enforcement, each year before February 1, shall make a
   51  full accounting of all receipts and expenditures of such funds
   52  to the President of the Senate, the Speaker of the House of
   53  Representatives, the majority and minority leaders of each house
   54  of the Legislature, and the chairs of the appropriations
   55  committees of each house of the Legislature. In the event that
   56  the cumulative amount of funds collected exceeds the cumulative
   57  amount of expenditures by more than $2.5 million, excess funds
   58  may be used for the purpose of purchasing soft body armor for
   59  law enforcement officers.
   60         3. Requested, by means of a toll-free telephone call or
   61  other electronic means, the Department of Law Enforcement to
   62  conduct a check of the information as reported and reflected in
   63  the Florida Crime Information Center and National Crime
   64  Information Center systems as of the date of the request.
   65         4. Received a unique approval number for that inquiry from
   66  the Department of Law Enforcement, and recorded the date and
   67  such number on the consent form.
   68         (b) However, if the person purchasing, or receiving
   69  delivery of, the firearm or ammunition is a holder of a valid
   70  concealed weapons or firearms license pursuant to the provisions
   71  of s. 790.06 or holds an active certification from the Criminal
   72  Justice Standards and Training Commission as a “law enforcement
   73  officer,” a “correctional officer,” or a “correctional probation
   74  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   75  (9), this subsection does not apply.
   76         (c) This subsection does not apply to the purchase, trade,
   77  or transfer of a rifle or shotgun or rifle or shotgun ammunition
   78  by a resident of this state when the resident makes such
   79  purchase, trade, or transfer from a licensed importer, licensed
   80  manufacturer, or licensed dealer in another state.
   81         (d)This subsection does not apply to a transfer of
   82  ammunition if the transferor has no reason to believe that the
   83  transferee will use or intends to use the ammunition in a crime
   84  or that the transferee is prohibited from possessing ammunition
   85  under state or federal law, and the transfer takes place and the
   86  transferee’s possession of the ammunition is exclusively:
   87         1.At a shooting range or in a shooting gallery or other
   88  area designated for the purpose of target shooting; or
   89         2.While reasonably necessary for the purposes of hunting,
   90  trapping, or fishing, if the transferor:
   91         a.Has no reason to believe that the transferee intends to
   92  use the ammunition in a place where it is illegal; and
   93         b.Has reason to believe that the transferee will comply
   94  with all licensing and permit requirements for such hunting,
   95  trapping, or fishing; or
   96         c.Is in the presence of the transferee.
   97         (2) Upon receipt of a request for a criminal history record
   98  check, the Department of Law Enforcement shall, during the
   99  licensee’s call or by return call, forthwith:
  100         (a) Review any records available to determine if the
  101  potential buyer or transferee:
  102         1. Has been convicted of a felony and is prohibited from
  103  receipt or possession of a firearm or ammunition pursuant to s.
  104  790.23;
  105         2. Has been convicted of a misdemeanor crime of domestic
  106  violence, and therefore is prohibited from purchasing a firearm
  107  or ammunition;
  108         3. Has had adjudication of guilt withheld or imposition of
  109  sentence suspended on any felony or misdemeanor crime of
  110  domestic violence unless 3 years have elapsed since probation or
  111  any other conditions set by the court have been fulfilled or
  112  expunction has occurred; or
  113         4. Has been adjudicated mentally defective or has been
  114  committed to a mental institution by a court or as provided in
  115  sub-sub-subparagraph b.(II), and as a result is prohibited by
  116  state or federal law from purchasing a firearm.
  117         a. As used in this subparagraph, “adjudicated mentally
  118  defective” means a determination by a court that a person, as a
  119  result of marked subnormal intelligence, or mental illness,
  120  incompetency, condition, or disease, is a danger to himself or
  121  herself or to others or lacks the mental capacity to contract or
  122  manage his or her own affairs. The phrase includes a judicial
  123  finding of incapacity under s. 744.331(6)(a), an acquittal by
  124  reason of insanity of a person charged with a criminal offense,
  125  and a judicial finding that a criminal defendant is not
  126  competent to stand trial.
  127         b. As used in this subparagraph, “committed to a mental
  128  institution” means:
  129         (I) Involuntary commitment, commitment for mental
  130  defectiveness or mental illness, and commitment for substance
  131  abuse. The phrase includes involuntary inpatient placement under
  132  as defined in s. 394.467, involuntary outpatient placement under
  133  as defined in s. 394.4655, involuntary assessment and
  134  stabilization under s. 397.6818, and involuntary substance abuse
  135  treatment under s. 397.6957, but does not include a person in a
  136  mental institution for observation or discharged from a mental
  137  institution based upon the initial review by the physician or a
  138  voluntary admission to a mental institution; or
  139         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  140  admission to a mental institution for outpatient or inpatient
  141  treatment of a person who had an involuntary examination under
  142  s. 394.463, where each of the following conditions have been
  143  met:
  144         (A) An examining physician found that the person is an
  145  imminent danger to himself or herself or others.
  146         (B) The examining physician certified that if the person
  147  did not agree to voluntary treatment, a petition for involuntary
  148  outpatient or inpatient treatment would have been filed under s.
  149  394.463(2)(g)4., or the examining physician certified that a
  150  petition was filed and the person subsequently agreed to
  151  voluntary treatment prior to a court hearing on the petition.
  152         (C) Before agreeing to voluntary treatment, the person
  153  received written notice of that finding and certification, and
  154  written notice that as a result of such finding, he or she may
  155  be prohibited from purchasing a firearm, and may not be eligible
  156  to apply for or retain a concealed weapon or firearms license
  157  under s. 790.06 and the person acknowledged such notice in
  158  writing, in substantially the following form:
  160  “I understand that the doctor who examined me believes I am a
  161  danger to myself or to others. I understand that if I do not
  162  agree to voluntary treatment, a petition will be filed in court
  163  to require me to receive involuntary treatment. I understand
  164  that if that petition is filed, I have the right to contest it.
  165  In the event a petition has been filed, I understand that I can
  166  subsequently agree to voluntary treatment prior to a court
  167  hearing. I understand that by agreeing to voluntary treatment in
  168  either of these situations, I may be prohibited from buying
  169  firearms and from applying for or retaining a concealed weapons
  170  or firearms license until I apply for and receive relief from
  171  that restriction under Florida law.”
  173         (D) A judge or a magistrate has, pursuant to sub-sub
  174  subparagraph c.(II), reviewed the record of the finding,
  175  certification, notice, and written acknowledgment classifying
  176  the person as an imminent danger to himself or herself or
  177  others, and ordered that such record be submitted to the
  178  department.
  179         c. In order to check for these conditions, the department
  180  shall compile and maintain an automated database of persons who
  181  are prohibited from purchasing a firearm based on court records
  182  of adjudications of mental defectiveness or commitments to
  183  mental institutions.
  184         (I) Except as provided in sub-sub-subparagraph (II), clerks
  185  of court shall submit these records to the department within 1
  186  month after the rendition of the adjudication or commitment.
  187  Reports shall be submitted in an automated format. The reports
  188  must, at a minimum, include the name, along with any known alias
  189  or former name, the sex, and the date of birth of the subject.
  190         (II) For persons committed to a mental institution pursuant
  191  to sub-sub-subparagraph b.(II), within 24 hours after the
  192  person’s agreement to voluntary admission, a record of the
  193  finding, certification, notice, and written acknowledgment must
  194  be filed by the administrator of the receiving or treatment
  195  facility, as defined in s. 394.455, with the clerk of the court
  196  for the county in which the involuntary examination under s.
  197  394.463 occurred. No fee shall be charged for the filing under
  198  this sub-sub-subparagraph. The clerk must present the records to
  199  a judge or magistrate within 24 hours after receipt of the
  200  records. A judge or magistrate is required and has the lawful
  201  authority to review the records ex parte and, if the judge or
  202  magistrate determines that the record supports the classifying
  203  of the person as an imminent danger to himself or herself or
  204  others, to order that the record be submitted to the department.
  205  If a judge or magistrate orders the submittal of the record to
  206  the department, the record must be submitted to the department
  207  within 24 hours.
  208         d. A person who has been adjudicated mentally defective or
  209  committed to a mental institution, as those terms are defined in
  210  this paragraph, may petition the court that made the
  211  adjudication or commitment, or the court that ordered that the
  212  record be submitted to the department pursuant to sub-sub
  213  subparagraph c.(II), for relief from the firearm disabilities
  214  imposed by such adjudication or commitment. A copy of the
  215  petition shall be served on the state attorney for the county in
  216  which the person was adjudicated or committed. The state
  217  attorney may object to and present evidence relevant to the
  218  relief sought by the petition. The hearing on the petition may
  219  be open or closed as the petitioner may choose. The petitioner
  220  may present evidence and subpoena witnesses to appear at the
  221  hearing on the petition. The petitioner may confront and cross
  222  examine witnesses called by the state attorney. A record of the
  223  hearing shall be made by a certified court reporter or by court
  224  approved electronic means. The court shall make written findings
  225  of fact and conclusions of law on the issues before it and issue
  226  a final order. The court shall grant the relief requested in the
  227  petition if the court finds, based on the evidence presented
  228  with respect to the petitioner’s reputation, the petitioner’s
  229  mental health record and, if applicable, criminal history
  230  record, the circumstances surrounding the firearm disability,
  231  and any other evidence in the record, that the petitioner will
  232  not be likely to act in a manner that is dangerous to public
  233  safety and that granting the relief would not be contrary to the
  234  public interest. If the final order denies relief, the
  235  petitioner may not petition again for relief from firearm
  236  disabilities until 1 year after the date of the final order. The
  237  petitioner may seek judicial review of a final order denying
  238  relief in the district court of appeal having jurisdiction over
  239  the court that issued the order. The review shall be conducted
  240  de novo. Relief from a firearm disability granted under this
  241  sub-subparagraph has no effect on the loss of civil rights,
  242  including firearm rights, for any reason other than the
  243  particular adjudication of mental defectiveness or commitment to
  244  a mental institution from which relief is granted.
  245         e. Upon receipt of proper notice of relief from firearm
  246  disabilities granted under sub-subparagraph d., the department
  247  shall delete any mental health record of the person granted
  248  relief from the automated database of persons who are prohibited
  249  from purchasing a firearm based on court records of
  250  adjudications of mental defectiveness or commitments to mental
  251  institutions.
  252         f. The department is authorized to disclose data collected
  253  pursuant to this subparagraph to agencies of the Federal
  254  Government and other states for use exclusively in determining
  255  the lawfulness of a firearm sale or transfer. The department is
  256  also authorized to disclose this data to the Department of
  257  Agriculture and Consumer Services for purposes of determining
  258  eligibility for issuance of a concealed weapons or concealed
  259  firearms license and for determining whether a basis exists for
  260  revoking or suspending a previously issued license pursuant to
  261  s. 790.06(10). When a potential buyer or transferee appeals a
  262  nonapproval based on these records, the clerks of court and
  263  mental institutions shall, upon request by the department,
  264  provide information to help determine whether the potential
  265  buyer or transferee is the same person as the subject of the
  266  record. Photographs and any other data that could confirm or
  267  negate identity must be made available to the department for
  268  such purposes, notwithstanding any other provision of state law
  269  to the contrary. Any such information that is made confidential
  270  or exempt from disclosure by law shall retain such confidential
  271  or exempt status when transferred to the department.
  272         (b) Inform the licensee making the inquiry either that
  273  records demonstrate that the buyer or transferee is so
  274  prohibited and provide the licensee a nonapproval number, or
  275  provide the licensee with a unique approval number.
  276         (c)1. Review any records available to it to determine
  277  whether the potential buyer or transferee has been indicted or
  278  has had an information filed against her or him for an offense
  279  that is a felony under either state or federal law, or, as
  280  mandated by federal law, has had an injunction for protection
  281  against domestic violence entered against the potential buyer or
  282  transferee under s. 741.30, has had an injunction for protection
  283  against repeat violence entered against the potential buyer or
  284  transferee under s. 784.046, or has been arrested for a
  285  dangerous crime as specified in s. 907.041(4)(a) or for any of
  286  the following enumerated offenses:
  287         a. Criminal anarchy under ss. 876.01 and 876.02.
  288         b. Extortion under s. 836.05.
  289         c. Explosives violations under s. 552.22(1) and (2).
  290         d. Controlled substances violations under chapter 893.
  291         e. Resisting an officer with violence under s. 843.01.
  292         f. Weapons and firearms violations under this chapter.
  293         g. Treason under s. 876.32.
  294         h. Assisting self-murder under s. 782.08.
  295         i. Sabotage under s. 876.38.
  296         j. Stalking or aggravated stalking under s. 784.048.
  298  If the review indicates any such indictment, information, or
  299  arrest, the department shall provide to the licensee a
  300  conditional nonapproval number.
  301         2. Within 24 working hours, the department shall determine
  302  the disposition of the indictment, information, or arrest and
  303  inform the licensee as to whether the potential buyer is
  304  prohibited from receiving or possessing a firearm or ammunition.
  305  For purposes of this paragraph, “working hours” means the hours
  306  from 8 a.m. to 5 p.m. Monday through Friday, excluding legal
  307  holidays.
  308         3. The office of the clerk of court, at no charge to the
  309  department, shall respond to any department request for data on
  310  the disposition of the indictment, information, or arrest as
  311  soon as possible, but in no event later than 8 working hours.
  312         4. The department shall determine as quickly as possible
  313  within the allotted time period whether the potential buyer is
  314  prohibited from receiving or possessing a firearm or ammunition.
  315         5. If the potential buyer is not so prohibited, or if the
  316  department cannot determine the disposition information within
  317  the allotted time period, the department shall provide the
  318  licensee with a conditional approval number.
  319         6. If the buyer is so prohibited, the conditional
  320  nonapproval number shall become a nonapproval number.
  321         7. The department shall continue its attempts to obtain the
  322  disposition information and may retain a record of all approval
  323  numbers granted without sufficient disposition information. If
  324  the department later obtains disposition information which
  325  indicates:
  326         a. That the potential buyer is not prohibited from owning a
  327  firearm or ammunition, it shall treat the record of the
  328  transaction in accordance with this section; or
  329         b. That the potential buyer is prohibited from owning a
  330  firearm or ammunition, it shall immediately revoke the
  331  conditional approval number and notify local law enforcement.
  332         8. During the time that disposition of the indictment,
  333  information, or arrest is pending and until the department is
  334  notified by the potential buyer that there has been a final
  335  disposition of the indictment, information, or arrest, the
  336  conditional nonapproval number shall remain in effect.
  337         (3) In the event of scheduled computer downtime, electronic
  338  failure, or similar emergency beyond the control of the
  339  Department of Law Enforcement, the department shall immediately
  340  notify the licensee of the reason for, and estimated length of,
  341  such delay. After such notification, the department shall
  342  forthwith, and in no event later than the end of the next
  343  business day of the licensee, either inform the requesting
  344  licensee if its records demonstrate that the buyer or transferee
  345  is prohibited from receipt or possession of a firearm or
  346  ammunition pursuant to Florida and Federal law or provide the
  347  licensee with a unique approval number. Unless notified by the
  348  end of said next business day that the buyer or transferee is so
  349  prohibited, and without regard to whether she or he has received
  350  a unique approval number, the licensee may complete the sale or
  351  transfer and shall not be deemed in violation of this section
  352  with respect to such sale or transfer.
  353         (4)(a) Any records containing any of the information set
  354  forth in subsection (1) pertaining to a buyer or transferee who
  355  is not found to be prohibited from receipt or transfer of a
  356  firearm by reason of Florida and federal law which records are
  357  created by the Department of Law Enforcement to conduct the
  358  criminal history record check shall be confidential and exempt
  359  from the provisions of s. 119.07(1) and may not be disclosed by
  360  the Department of Law Enforcement or any officer or employee
  361  thereof to any person or to another agency. The Department of
  362  Law Enforcement shall destroy any such records forthwith after
  363  it communicates the approval and nonapproval numbers to the
  364  licensee and, in any event, such records shall be destroyed
  365  within 48 hours after the day of the response to the licensee’s
  366  request.
  367         (b) Notwithstanding the provisions of this subsection, the
  368  Department of Law Enforcement may maintain records of NCIC
  369  transactions to the extent required by the Federal Government,
  370  and may maintain a log of dates of requests for criminal history
  371  records checks, unique approval and nonapproval numbers, license
  372  identification numbers, and transaction numbers corresponding to
  373  such dates for a period of not longer than 2 years or as
  374  otherwise required by law.
  375         (c) Nothing in this chapter shall be construed to allow the
  376  State of Florida to maintain records containing the names of
  377  purchasers or transferees who receive unique approval numbers or
  378  to maintain records of firearm or ammunition transactions.
  379         (d) Any officer or employee, or former officer or employee,
  380  of the Department of Law Enforcement or a law enforcement agency
  381  who intentionally and maliciously violates the provisions of
  382  this subsection commits a felony of the third degree, punishable
  383  as provided in s. 775.082 or s. 775.083.
  384         (5) The Department of Law Enforcement shall establish a
  385  toll-free telephone number which shall be operational 7 days a
  386  week with the exception of Christmas Day and New Year’s Day, for
  387  a period of 12 hours a day beginning at 9 a.m. and ending at 9
  388  p.m., for purposes of responding to inquiries as described in
  389  this section from licensed manufacturers, licensed importers,
  390  and licensed dealers. The Department of Law Enforcement shall
  391  employ and train such personnel as are necessary expeditiously
  392  to administer the provisions of this section.
  393         (6) Any person who is denied the right to receive or
  394  purchase a firearm or ammunition as a result of the procedures
  395  established by this section may request a criminal history
  396  records review and correction in accordance with the rules
  397  promulgated by the Department of Law Enforcement.
  398         (7) It shall be unlawful for any licensed dealer, licensed
  399  manufacturer, or licensed importer willfully and intentionally
  400  to request criminal history record information under false
  401  pretenses, or willfully and intentionally to disseminate
  402  criminal history record information to any person other than the
  403  subject of such information. Any person convicted of a violation
  404  of this subsection commits a felony of the third degree,
  405  punishable as provided in s. 775.082 or s. 775.083.
  406         (8) The Department of Law Enforcement shall promulgate
  407  regulations to ensure the identity, confidentiality, and
  408  security of all records and data provided pursuant to this
  409  section.
  410         (9) This section shall become effective at such time as the
  411  Department of Law Enforcement has notified all licensed
  412  importers, licensed manufacturers, and licensed dealers in
  413  writing that the procedures and toll-free number described in
  414  this section are operational. This section shall remain in
  415  effect only during such times as the procedures described in
  416  subsection (2) remain operational.
  417         (10) A licensed importer, licensed manufacturer, or
  418  licensed dealer is not required to comply with the requirements
  419  of this section in the event of:
  420         (a) Unavailability of telephone service at the licensed
  421  premises due to the failure of the entity which provides
  422  telephone service in the state, region, or other geographical
  423  area in which the licensee is located to provide telephone
  424  service to the premises of the licensee due to the location of
  425  said premises; or the interruption of telephone service by
  426  reason of hurricane, tornado, flood, natural disaster, or other
  427  act of God, war, invasion, insurrection, riot, or other bona
  428  fide emergency, or other reason beyond the control of the
  429  licensee; or
  430         (b) Failure of the Department of Law Enforcement to comply
  431  with the requirements of subsections (2) and (3).
  432         (11) Compliance with the provisions of this chapter shall
  433  be a complete defense to any claim or cause of action under the
  434  laws of any state for liability for damages arising from the
  435  importation or manufacture, or the subsequent sale or transfer
  436  to any person who has been convicted in any court of a crime
  437  punishable by imprisonment for a term exceeding 1 year, of any
  438  firearm or ammunition which has been shipped or transported in
  439  interstate or foreign commerce. The Department of Law
  440  Enforcement and, its agents and employees shall not be liable
  441  for any claim or cause of action under the laws of any state for
  442  liability for damages arising from its actions in lawful
  443  compliance with this section.
  444         (12)(a) Any potential buyer or transferee who willfully and
  445  knowingly provides false information or false or fraudulent
  446  identification commits a felony of the third degree, punishable
  447  as provided in s. 775.082 or s. 775.083.
  448         (b) Any licensed importer, licensed manufacturer, or
  449  licensed dealer who violates the provisions of subsection (1)
  450  commits a felony of the third degree, punishable as provided in
  451  s. 775.082 or s. 775.083.
  452         (c) Any employee or agency of a licensed importer, licensed
  453  manufacturer, or licensed dealer who violates the provisions of
  454  subsection (1) commits a felony of the third degree, punishable
  455  as provided in s. 775.082 or s. 775.083.
  456         (d) Any person who knowingly acquires a firearm or
  457  ammunition through purchase or transfer intended for the use of
  458  a person who is prohibited by state or federal law from
  459  possessing or receiving a firearm or ammunition commits a felony
  460  of the third degree, punishable as provided in s. 775.082 or s.
  461  775.083.
  462         (13) A person younger than 21 years of age may not purchase
  463  a firearm. The sale or transfer of a firearm to a person younger
  464  than 21 years of age may not be made or facilitated by a
  465  licensed importer, licensed manufacturer, or licensed dealer. A
  466  person who violates this subsection commits a felony of the
  467  third degree, punishable as provided in s. 775.082, s. 775.083,
  468  or s. 775.084. The prohibitions of this subsection do not apply
  469  to the purchase of a rifle or shotgun by a law enforcement
  470  officer or correctional officer, as those terms are defined in
  471  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  472  servicemember as defined in s. 250.01.
  473         (14) This section does not apply to employees of sheriff’s
  474  offices, municipal police departments, correctional facilities
  475  or agencies, or other criminal justice or governmental agencies
  476  when the purchases or transfers are made on behalf of an
  477  employing agency for official law enforcement purposes.
  478         Section 3. This act shall take effect October 1, 2021.