Florida Senate - 2021                                    SB 1856
       
       
        
       By Senator Book
       
       
       
       
       
       32-00426-21                                           20211856__
    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 certain court order on any day and at any
    6         time; 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 located on such premises and to take custody
   10         of the person who is the subject of such court order;
   11         requiring that a law enforcement officer who has
   12         received specified training be assigned to serve and
   13         execute the court order, when practicable; authorizing
   14         a law enforcement officer taking custody of the person
   15         who is the subject of such court order to seize and
   16         hold the person’s firearms or ammunition or license to
   17         carry a concealed weapon or firearm under certain
   18         circumstances; authorizing a law enforcement officer
   19         who takes custody of a person who is the subject of
   20         such court order to seek the voluntary surrender of
   21         firearms or ammunition or license to carry a concealed
   22         weapon or firearm under certain circumstances;
   23         authorizing a law enforcement officer to petition a
   24         court for a risk protection order under certain
   25         circumstances; requiring that firearms or ammunition
   26         or a license to carry a concealed weapon or firearm
   27         seized or surrendered be made available for return
   28         within a certain timeframe and under specified
   29         circumstances; prohibiting the process for the return
   30         of such items from exceeding a certain timeframe;
   31         requiring law enforcement agencies to develop
   32         specified policies and procedures; amending s.
   33         744.3215, F.S.; authorizing a court to remove the
   34         right to purchase, own, sell, or possess firearms or
   35         ammunition or to possess a license to carry concealed
   36         weapons or firearms of a person found to be
   37         incapacitated; requiring a guardian or an agent to
   38         file an inventory of the incapacitated person’s
   39         firearms or ammunition with the court if this right is
   40         removed; requiring the guardian or agent to place the
   41         firearms or ammunition in the custody of a local law
   42         enforcement agency or petition the court for an
   43         alternative storage arrangement outside the
   44         incapacitated person’s control; requiring a law
   45         enforcement agency to accept such firearms or
   46         ammunition; authorizing the law enforcement agency to
   47         charge a reasonable storage fee; providing for the
   48         disposal, donation, transfer, or sale of such firearms
   49         or ammunition through court petition and after a
   50         specified notice under certain circumstances;
   51         requiring a court hearing if there is an objection to
   52         such disposal, donation, transfer, or sale; amending
   53         s. 790.064, F.S.; requiring the Department of Law
   54         Enforcement, in certain cases, to investigate
   55         individuals upon whom a firearm disability is imposed
   56         on or after a certain date and, if the individuals are
   57         in possession of firearms or ammunition or a license
   58         to carry a concealed weapon or firearm, to seize the
   59         firearms or ammunition or license to carry a concealed
   60         weapon or firearm by following specified procedures;
   61         amending s. 790.065, F.S.; renaming the term
   62         “committed to a mental institution” to “committed to a
   63         mental institution or a substance abuse treatment
   64         provider” and revising the definition; authorizing a
   65         judge or magistrate, when reviewing a petition for
   66         involuntary treatment, to refer a case to the
   67         department to investigate, in certain cases,
   68         individuals upon whom a firearm disability is imposed
   69         on or after a certain date and, if the individuals are
   70         in possession of any firearms or ammunition or a
   71         license to carry a concealed weapon or firearm, to
   72         seize the firearms or ammunition or license to carry a
   73         concealed weapon or firearm by following specified
   74         procedures; requiring the Department of Children and
   75         Families, the Agency for Health Care Administration,
   76         and the Department of Law Enforcement to enforce
   77         certain reporting provisions; requiring all licensed
   78         mental health and substance abuse service providers to
   79         comply with certain provisions by a specified date;
   80         providing penalties for violations; conforming
   81         provisions to changes made by the act; providing an
   82         effective date.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Section 397.6753, Florida Statutes, is created
   87  to read:
   88         397.6753 Ability of law enforcement to seize firearms,
   89  ammunition, and license to carry concealed weapons or firearms.—
   90         (1)If a law enforcement officer is acting in accordance
   91  with the involuntary admissions procedures of this chapter or a
   92  related court order, he or she may:
   93         (a) Serve and execute such order on any day of the week, at
   94  any time of the day or night; and
   95         (b) Use reasonable physical force to gain entry to the
   96  premises or any dwellings, buildings, or other structures
   97  located on the premises and to take custody of the person who is
   98  the subject of such court order. When practicable, a law
   99  enforcement officer who has received crisis intervention team
  100  training shall be assigned to serve and execute the court order.
  101         (2)A law enforcement officer taking custody of a person
  102  under subsection (1) may seize and hold any firearm or
  103  ammunition or license to carry a concealed weapon or firearm the
  104  person possesses at the time such person is taken into custody
  105  if the person poses a potential danger to himself or herself or
  106  others and has made a credible threat of violence against
  107  himself or herself or others.
  108         (3)If the law enforcement officer takes custody of the
  109  person at the person’s residence and the criteria in subsection
  110  (2) are met, the law enforcement officer may seek the voluntary
  111  surrender of any firearms or ammunition or license to carry a
  112  concealed weapon or firearm kept in the residence which have not
  113  already been seized under subsection (2). If such firearms or
  114  ammunition or license to carry a concealed weapon or firearm are
  115  not voluntarily surrendered, or if the person has other firearms
  116  or ammunition or a license to carry a concealed weapon or
  117  firearm which were not seized or voluntarily surrendered when he
  118  or she was taken into custody, a law enforcement officer may
  119  petition the appropriate court under s. 790.401 for a risk
  120  protection order to remove the person’s firearms or ammunition
  121  or license to carry a concealed weapon or firearm.
  122         (4)Firearms or ammunition or a license to carry a
  123  concealed weapon or firearm which are seized or voluntarily
  124  surrendered pursuant to this section must be made available for
  125  return no later than 24 hours after the person who is taken into
  126  custody demonstrates that he or she is no longer subject to
  127  involuntary treatment and has been released or discharged from
  128  any treatment provided, unless a risk protection order entered
  129  under s. 790.401 directs the law enforcement agency to hold the
  130  firearms or ammunition or license to carry a concealed weapon or
  131  firearm for a longer period, the person is subject to a firearm
  132  purchase disability under s. 790.065(2), or a firearm possession
  133  and firearm ownership disability under s. 790.064 applies. The
  134  process for the actual return of any firearms or ammunition or
  135  license to carry a concealed weapon or firearm seized or
  136  voluntarily surrendered under this section may not exceed 7
  137  days, and law enforcement agencies must develop policies and
  138  procedures relating to the seizure, storage, and return of items
  139  held under this section.
  140         Section 2. Subsection (2) of section 744.3215, Florida
  141  Statutes, is amended to read:
  142         744.3215 Rights of persons determined incapacitated.—
  143         (2) Rights that may be removed from a person by an order
  144  determining incapacity but not delegated to a guardian include
  145  the right:
  146         (a) To marry. If the right to enter into a contract has
  147  been removed, the right to marry is subject to court approval.
  148         (b) To vote.
  149         (c) To personally apply for government benefits.
  150         (d) To have a driver license.
  151         (e) To travel.
  152         (f) To seek or retain employment.
  153         (g)1. To purchase, own, sell, or possess firearms or
  154  ammunition or to possess a license to carry concealed weapons or
  155  firearms. If this right is removed, the incapacitated person’s
  156  guardian, or the agent under a power of attorney if there is no
  157  guardianship, must file an inventory of the incapacitated
  158  person’s firearms or ammunition with the court and either place
  159  the firearms and ammunition in the custody of a local law
  160  enforcement agency in the county where the incapacitated person
  161  resides or where the guardianship is being administered, or
  162  petition the court for alternative storage of such firearms and
  163  ammunition outside the incapacitated person’s control. This
  164  alternative storage entity must be able to legally possess
  165  firearms and ammunition, and the guardian or the agent must
  166  disclose to the court whether such entity will charge a
  167  reasonable storage fee.
  168         2. A law enforcement agency must accept such firearms or
  169  ammunition and may charge a reasonable storage fee. If the
  170  incapacitated person has not successfully had his or her rights
  171  under subparagraph 1. restored after 5 years, the law
  172  enforcement agency or the alternative storage entity may, after
  173  notifying the incapacitated person and his or her guardian or
  174  agent in writing at least 5 days in advance, petition the court
  175  to dispose of, donate, transfer, or sell the incapacitated
  176  person’s firearms or ammunition to a person or an entity legally
  177  able to possess firearms and ammunition. However, if the
  178  incapacitated person or his or her guardian or agent files a
  179  written objection with the court, the court must hold a hearing
  180  to determine whether there is good cause for the continued
  181  storage of the incapacitated person’s firearms or ammunition.
  182         Section 3. Subsections (1) and (2) of section 790.064,
  183  Florida Statutes, are amended to read:
  184         790.064 Firearm possession and firearm ownership
  185  disability.—
  186         (1) A person who has been adjudicated mentally defective or
  187  who has been committed to a mental institution or a substance
  188  abuse treatment provider, as those terms are defined in s.
  189  790.065(2), may not own a firearm or possess a firearm until
  190  relief from the firearm possession and firearm ownership
  191  disability is obtained.
  192         (2) The firearm possession and firearm ownership disability
  193  runs concurrently with the firearm purchase disability provided
  194  in s. 790.065(2). If the Department of Law Enforcement has
  195  reason to believe that an individual upon whom any type of
  196  firearm disability is imposed on or after July 1, 2021,
  197  possesses any firearms or ammunition or a license to carry a
  198  concealed weapon or firearm, the department shall investigate
  199  and seize any such firearms or ammunition or license to carry a
  200  concealed weapon or firearm pursuant to the procedures in s.
  201  790.401.
  202         Section 4. Section 790.065, Florida Statutes, is amended to
  203  read:
  204         790.065 Sale, and delivery, and possession of firearms.—
  205         (1)(a) A licensed importer, licensed manufacturer, or
  206  licensed dealer may not sell or deliver from her or his
  207  inventory at her or his licensed premises any firearm to another
  208  person, other than a licensed importer, licensed manufacturer,
  209  licensed dealer, or licensed collector, until she or he has:
  210         1. Obtained a completed form from the potential buyer or
  211  transferee, which form shall have been adopted promulgated by
  212  the Department of Law Enforcement and provided by the licensed
  213  importer, licensed manufacturer, or licensed dealer, which shall
  214  include the name, date of birth, gender, race, and social
  215  security number or other identification number of such potential
  216  buyer or transferee and has inspected proper identification
  217  including an identification containing a photograph of the
  218  potential buyer or transferee.
  219         2. Collected a fee from the potential buyer for processing
  220  the criminal history check of the potential buyer. The fee shall
  221  be established by the Department of Law Enforcement and may not
  222  exceed $8 per transaction. The Department of Law Enforcement may
  223  reduce, or suspend collection of, the fee to reflect payment
  224  received from the Federal Government applied to the cost of
  225  maintaining the criminal history check system established by
  226  this section as a means of facilitating or supplementing the
  227  National Instant Criminal Background Check System. The
  228  Department of Law Enforcement shall, by rule, establish
  229  procedures for the fees to be transmitted by the licensee to the
  230  Department of Law Enforcement. Such procedures must provide that
  231  fees may be paid or transmitted by electronic means, including,
  232  but not limited to, debit cards, credit cards, or electronic
  233  funds transfers. All such fees shall be deposited into the
  234  Department of Law Enforcement Operating Trust Fund, but shall be
  235  segregated from all other funds deposited into such trust fund
  236  and must be accounted for separately. Such segregated funds must
  237  not be used for any purpose other than the operation of the
  238  criminal history checks required by this section. The Department
  239  of Law Enforcement, each year before February 1, shall make a
  240  full accounting of all receipts and expenditures of such funds
  241  to the President of the Senate, the Speaker of the House of
  242  Representatives, the majority and minority leaders of each house
  243  of the Legislature, and the chairs of the appropriations
  244  committees of each house of the Legislature. In the event that
  245  the cumulative amount of funds collected exceeds the cumulative
  246  amount of expenditures by more than $2.5 million, excess funds
  247  may be used for the purpose of purchasing soft body armor for
  248  law enforcement officers.
  249         3. Requested, by means of a toll-free telephone call or
  250  other electronic means, the Department of Law Enforcement to
  251  conduct a check of the information as reported and reflected in
  252  the Florida Crime Information Center and National Crime
  253  Information Center systems as of the date of the request.
  254         4. Received a unique approval number for that inquiry from
  255  the Department of Law Enforcement, and recorded the date and
  256  such number on the consent form.
  257         (b) However, if the person purchasing, or receiving
  258  delivery of, the firearm is a holder of a valid concealed
  259  weapons or firearms license pursuant to the provisions of s.
  260  790.06 or holds an active certification from the Criminal
  261  Justice Standards and Training Commission as a “law enforcement
  262  officer,” a “correctional officer,” or a “correctional probation
  263  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  264  (9), this subsection does not apply.
  265         (c) This subsection does not apply to the purchase, trade,
  266  or transfer of a rifle or shotgun by a resident of this state
  267  when the resident makes such purchase, trade, or transfer from a
  268  licensed importer, licensed manufacturer, or licensed dealer in
  269  another state.
  270         (2) Upon receipt of a request for a criminal history record
  271  check, the Department of Law Enforcement shall, during the
  272  licensee’s call or by return call, forthwith:
  273         (a) Review any records available to determine if the
  274  potential buyer or transferee:
  275         1. Has been convicted of a felony and is prohibited from
  276  receipt or possession of a firearm pursuant to s. 790.23;
  277         2. Has been convicted of a misdemeanor crime of domestic
  278  violence, and therefore is prohibited from purchasing a firearm;
  279         3. Has had adjudication of guilt withheld or imposition of
  280  sentence suspended on any felony or misdemeanor crime of
  281  domestic violence unless 3 years have elapsed since probation or
  282  any other conditions set by the court have been fulfilled or
  283  expunction has occurred; or
  284         4. Has been adjudicated mentally defective or has been
  285  committed to a mental institution or a substance abuse treatment
  286  provider by a court or as provided in sub-sub-subparagraph
  287  b.(II), and as a result is prohibited by state or federal law
  288  from purchasing or possessing a firearm.
  289         a. As used in this subparagraph, “adjudicated mentally
  290  defective” means a determination by a court that a person, as a
  291  result of marked subnormal intelligence, or mental illness,
  292  incompetency, condition, or disease, is a danger to himself or
  293  herself or to others or lacks the mental capacity to contract or
  294  manage his or her own affairs. The phrase includes a judicial
  295  finding of incapacity under s. 744.331(6)(a), an acquittal by
  296  reason of insanity of a person charged with a criminal offense,
  297  and a judicial finding that a criminal defendant is not
  298  competent to stand trial.
  299         b. As used in this subparagraph, “committed to a mental
  300  institution or a substance abuse treatment provider” means:
  301         (I) Involuntary commitment, commitment for mental
  302  defectiveness or mental illness, and commitment for substance
  303  abuse. The phrase includes involuntary inpatient placement as
  304  defined in s. 394.467, involuntary outpatient placement as
  305  defined in s. 394.4655, involuntary assessment and stabilization
  306  under s. 397.6818, and involuntary substance abuse treatment
  307  under s. 397.6957, but does not include a person in a mental
  308  institution or at a substance abuse treatment provider for
  309  observation or discharged from a mental institution or a
  310  substance abuse treatment provider based upon the initial review
  311  by the physician or a voluntary admission to a mental
  312  institution or a substance abuse treatment provider; or
  313         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  314  admission to a substance abuse treatment facility under s.
  315  397.601 or a mental institution for outpatient or inpatient
  316  treatment of a person who had an involuntary examination under
  317  s. 394.463 or s. 397.6957, where each of the following
  318  conditions has have been met:
  319         (A) An examining physician or the treatment facility
  320  administrator found that the person is an imminent danger to
  321  himself or herself or others.
  322         (B) The examining physician or the treatment facility
  323  administrator certified that if the person did not agree to
  324  voluntary treatment, a petition for involuntary outpatient or
  325  inpatient treatment would have been filed under s.
  326  394.463(2)(g)4. or s. 397.693; or an involuntary, or the
  327  examining physician certified that a petition was filed and the
  328  person subsequently agreed to voluntary treatment prior to a
  329  court hearing on the petition.
  330         (C) Before agreeing to voluntary treatment, the person
  331  received written notice of that finding and certification, and
  332  written notice that as a result of such finding, he or she may
  333  be prohibited from purchasing or possessing a firearm, and may
  334  not be eligible to apply for or retain a concealed weapons
  335  weapon or firearms license under s. 790.06, and the person
  336  signed or otherwise acknowledged such notice in writing, in
  337  substantially the following form:
  338  
  339  “I understand that the doctor who examined me believes I am a
  340  danger to myself or to others. I understand that if I do not
  341  agree to voluntary treatment, a petition will be filed in court
  342  to require me to receive involuntary treatment. I understand
  343  that if that petition is filed, I have the right to contest it.
  344  In the event a petition has been filed, I understand that I can
  345  subsequently agree to voluntary treatment prior to a court
  346  hearing. I understand that by agreeing to voluntary treatment in
  347  either of these situations, I may be prohibited from buying,
  348  selling, or possessing firearms and from applying for or
  349  retaining a concealed weapons or firearms license until I apply
  350  for and receive relief from that restriction under Florida law.”
  351  
  352         (D) A judge or a magistrate has, pursuant to sub-sub
  353  subparagraph c.(II), reviewed the record of the finding,
  354  certification, notice, and written acknowledgment classifying
  355  the person as an imminent danger to himself or herself or
  356  others, and ordered that such record be submitted to the
  357  department. When reviewing the petition, the judge or magistrate
  358  may also refer the case to the department, and if it has reason
  359  to believe that an individual upon whom any type of firearm
  360  disability is imposed on or after July 1, 2021, possesses any
  361  firearms or ammunition or a license to carry a concealed weapon
  362  or firearm, the department shall investigate and seize any such
  363  firearms or ammunition or license to carry a concealed weapon or
  364  firearm pursuant to the procedures in s. 790.401.
  365         c. In order to check for these conditions, the department
  366  shall compile and maintain an automated database of persons who
  367  are prohibited from purchasing or possessing a firearm based on
  368  court records of adjudications of mental defectiveness or
  369  commitments to mental institutions or substance abuse treatment
  370  providers. The Department of Children and Families, the Agency
  371  for Health Care Administration, and the Department of Law
  372  Enforcement shall enforce the reporting provisions of this
  373  section, and all licensed mental health and substance abuse
  374  service providers shall fully comply with this section by
  375  January 1, 2022. If, on or after that date, either department or
  376  the agency finds that a provider is not in compliance with the
  377  reporting provisions, it may impose a $100,000 fine for the
  378  first offense and a $250,000 fine for the second offense and may
  379  suspend the provider’s license for the third offense.
  380         (I) Except as provided in sub-sub-subparagraph (II), clerks
  381  of court shall submit these records to the department within 1
  382  month after the rendition of the adjudication or commitment.
  383  Reports shall be submitted in an automated format. The reports
  384  must, at a minimum, include the name, along with any known alias
  385  or former name, the sex, and the date of birth of the subject.
  386         (II) For persons committed to a mental institution or a
  387  substance abuse treatment provider pursuant to sub-sub
  388  subparagraph b.(II), within 24 hours after the person’s
  389  agreement to voluntary admission, a record of the finding,
  390  certification, notice, and written acknowledgment must be filed
  391  by the administrator of the receiving facility or treatment
  392  facility, as defined in s. 394.455 or s. 397.311, with the clerk
  393  of the court for the county in which the involuntary examination
  394  under s. 394.463 or s. 397.6957 occurred. No fee shall be
  395  charged for the filing under this sub-sub-subparagraph. The
  396  clerk must present the records to a judge or magistrate within
  397  24 hours after receipt of the records. A judge or magistrate is
  398  required and has the lawful authority to review the records ex
  399  parte and, if the judge or magistrate determines that the record
  400  supports the classifying of the person as an imminent danger to
  401  himself or herself or others, to order that the record be
  402  submitted to the department. If a judge or magistrate orders the
  403  submittal of the record to the department, the record must be
  404  submitted to the department within 24 hours.
  405         d. A person who has been adjudicated mentally defective or
  406  committed to a mental institution or a substance abuse treatment
  407  provider, as those terms are defined in this paragraph, may
  408  petition the court that made the adjudication or commitment, or
  409  the court that ordered that the record be submitted to the
  410  department pursuant to sub-sub-subparagraph c.(II), for relief
  411  from the firearm disabilities or seizure imposed by such
  412  adjudication or commitment. A copy of the petition shall be
  413  served on the state attorney for the county in which the person
  414  was adjudicated or committed. The state attorney may object to
  415  and present evidence relevant to the relief sought by the
  416  petition. The hearing on the petition may be open or closed as
  417  the petitioner may choose. The petitioner may present evidence
  418  and subpoena witnesses to appear at the hearing on the petition.
  419  The petitioner may confront and cross-examine witnesses called
  420  by the state attorney. A record of the hearing shall be made by
  421  a certified court reporter or by court-approved electronic
  422  means. The court shall make written findings of fact and
  423  conclusions of law on the issues before it and issue a final
  424  order. The court shall grant the relief requested in the
  425  petition if the court finds, based on the evidence presented
  426  with respect to the petitioner’s reputation, the petitioner’s
  427  mental health record and, if applicable, criminal history
  428  record, the circumstances surrounding the firearm disability or
  429  seizure, and any other evidence in the record, that the
  430  petitioner will not be likely to act in a manner that is
  431  dangerous to public safety and that granting the relief would
  432  not be contrary to the public interest. If the final order
  433  denies relief, the petitioner may not petition again for relief
  434  from firearm disabilities or seizure until 1 year after the date
  435  of the final order. The petitioner may seek judicial review of a
  436  final order denying relief in the district court of appeal
  437  having jurisdiction over the court that issued the order. The
  438  review shall be conducted de novo. Relief from a firearm
  439  disability or seizure granted under this sub-subparagraph has no
  440  effect on the loss of civil rights, including firearm rights,
  441  for any reason other than the particular adjudication of mental
  442  defectiveness or commitment to a mental institution from which
  443  relief is granted.
  444         e. Upon receipt of proper notice of relief from firearm
  445  disabilities or seizure granted under sub-subparagraph d., the
  446  department shall delete any mental health record of the person
  447  granted relief from the automated database of persons who are
  448  prohibited from purchasing or possessing a firearm based on
  449  court records of adjudications of mental defectiveness or
  450  commitments to mental institutions.
  451         f. The department is authorized to disclose data collected
  452  pursuant to this subparagraph to agencies of the Federal
  453  Government and other states for use exclusively in determining
  454  the lawfulness of a firearm sale or transfer. The department is
  455  also authorized to disclose this data to the Department of
  456  Agriculture and Consumer Services for purposes of determining
  457  eligibility for issuance of a concealed weapons or concealed
  458  firearms license and for determining whether a basis exists for
  459  revoking or suspending a previously issued license pursuant to
  460  s. 790.06(10). When a potential buyer or transferee appeals a
  461  nonapproval based on these records, the clerks of court and
  462  mental institutions shall, upon request by the department,
  463  provide information to help determine whether the potential
  464  buyer or transferee is the same person as the subject of the
  465  record. Photographs and any other data that could confirm or
  466  negate identity must be made available to the department for
  467  such purposes, notwithstanding any other provision of state law
  468  to the contrary. Any such information that is made confidential
  469  or exempt from disclosure by law shall retain such confidential
  470  or exempt status when transferred to the department.
  471         (b) Either inform the licensee making the inquiry either
  472  that records demonstrate that the buyer or transferee is so
  473  prohibited and provide the licensee a nonapproval number, or
  474  provide the licensee with a unique approval number.
  475         (c)1. Review any records available to it to determine
  476  whether the potential buyer or transferee has been indicted or
  477  has had an information filed against her or him for an offense
  478  that is a felony under either state or federal law, or, as
  479  mandated by federal law, has had an injunction for protection
  480  against domestic violence entered against the potential buyer or
  481  transferee under s. 741.30, has had an injunction for protection
  482  against repeat violence entered against the potential buyer or
  483  transferee under s. 784.046, or has been arrested for a
  484  dangerous crime as specified in s. 907.041(4)(a) or for any of
  485  the following enumerated offenses:
  486         a. Criminal anarchy under ss. 876.01 and 876.02.
  487         b. Extortion under s. 836.05.
  488         c. Explosives violations under s. 552.22(1) and (2).
  489         d. Controlled substances violations under chapter 893.
  490         e. Resisting an officer with violence under s. 843.01.
  491         f. Weapons and firearms violations under this chapter.
  492         g. Treason under s. 876.32.
  493         h. Assisting self-murder under s. 782.08.
  494         i. Sabotage under s. 876.38.
  495         j. Stalking or aggravated stalking under s. 784.048.
  496  
  497  If the review indicates any such indictment, information, or
  498  arrest, the department shall provide to the licensee a
  499  conditional nonapproval number.
  500         2. Within 24 working hours, the department shall determine
  501  the disposition of the indictment, information, or arrest and
  502  inform the licensee as to whether the potential buyer is
  503  prohibited from receiving or possessing a firearm. For purposes
  504  of this paragraph, “working hours” means the hours from 8 a.m.
  505  to 5 p.m. Monday through Friday, excluding legal holidays.
  506         3. The office of the clerk of court, at no charge to the
  507  department, shall respond to any department request for data on
  508  the disposition of the indictment, information, or arrest as
  509  soon as possible, but in no event later than 8 working hours.
  510         4. The department shall determine as quickly as possible
  511  within the allotted time period whether the potential buyer is
  512  prohibited from receiving or possessing a firearm.
  513         5. If the potential buyer is not so prohibited, or if the
  514  department cannot determine the disposition information within
  515  the allotted time period, the department shall provide the
  516  licensee with a conditional approval number.
  517         6. If the buyer is so prohibited, the conditional
  518  nonapproval number shall become a nonapproval number.
  519         7. The department shall continue its attempts to obtain the
  520  disposition information and may retain a record of all approval
  521  numbers granted without sufficient disposition information. If
  522  the department later obtains disposition information that which
  523  indicates:
  524         a. That the potential buyer is not prohibited from owning a
  525  firearm, it shall treat the record of the transaction in
  526  accordance with this section; or
  527         b. That the potential buyer is prohibited from owning a
  528  firearm, it shall immediately revoke the conditional approval
  529  number and notify local law enforcement.
  530         8. During the time that disposition of the indictment,
  531  information, or arrest is pending and until the department is
  532  notified by the potential buyer that there has been a final
  533  disposition of the indictment, information, or arrest, the
  534  conditional nonapproval number shall remain in effect.
  535         (3) In the event of scheduled computer downtime, electronic
  536  failure, or similar emergency beyond the control of the
  537  Department of Law Enforcement, the department shall immediately
  538  notify the licensee of the reason for, and estimated length of,
  539  such delay. After such notification, the department shall
  540  forthwith, and in no event later than the end of the next
  541  business day of the licensee, either inform the requesting
  542  licensee if its records demonstrate that the buyer or transferee
  543  is prohibited from receipt or possession of a firearm pursuant
  544  to Florida and federal law or provide the licensee with a unique
  545  approval number. Unless notified by the end of the said next
  546  business day that the buyer or transferee is so prohibited, and
  547  without regard to whether she or he has received a unique
  548  approval number, the licensee may complete the sale or transfer
  549  and shall not be deemed in violation of this section with
  550  respect to such sale or transfer.
  551         (4)(a) Any records containing any of the information set
  552  forth in subsection (1) pertaining to a buyer or transferee who
  553  is not found to be prohibited from receipt or transfer of a
  554  firearm by reason of Florida and federal law which records are
  555  created by the Department of Law Enforcement to conduct the
  556  criminal history record check shall be confidential and exempt
  557  from the provisions of s. 119.07(1) and may not be disclosed by
  558  the Department of Law Enforcement or any officer or employee
  559  thereof to any person or to another agency. The Department of
  560  Law Enforcement shall destroy any such records forthwith after
  561  it communicates the approval and nonapproval numbers to the
  562  licensee and, in any event, such records shall be destroyed
  563  within 48 hours after the day of the response to the licensee’s
  564  request.
  565         (b) Notwithstanding the provisions of this subsection, the
  566  Department of Law Enforcement may maintain records of NCIC
  567  transactions to the extent required by the Federal Government,
  568  and may maintain a log of dates of requests for criminal history
  569  records checks, unique approval and nonapproval numbers, license
  570  identification numbers, and transaction numbers corresponding to
  571  such dates for a period of not longer than 2 years or as
  572  otherwise required by law.
  573         (c) Nothing in This chapter may not shall be construed to
  574  allow the State of Florida to maintain records containing the
  575  names of purchasers or transferees who receive unique approval
  576  numbers or to maintain records of firearm transactions.
  577         (d) Any officer or employee, or former officer or employee,
  578  of the Department of Law Enforcement or law enforcement agency
  579  who intentionally and maliciously violates the provisions of
  580  this subsection commits a felony of the third degree, punishable
  581  as provided in s. 775.082 or s. 775.083.
  582         (5) The Department of Law Enforcement shall establish a
  583  toll-free telephone number that which shall be operational 7
  584  days a week with the exception of Christmas Day and New Year’s
  585  Day, for a period of 12 hours a day beginning at 9 a.m. and
  586  ending at 9 p.m., for purposes of responding to inquiries as
  587  described in this section from licensed manufacturers, licensed
  588  importers, and licensed dealers. The Department of Law
  589  Enforcement shall employ and train such personnel as are
  590  necessary expeditiously to administer the provisions of this
  591  section.
  592         (6) Any person who is denied the right to receive or
  593  purchase a firearm as a result of the procedures established by
  594  this section may request a criminal history records review and
  595  correction in accordance with the rules adopted promulgated by
  596  the Department of Law Enforcement.
  597         (7) It is shall be unlawful for any licensed dealer,
  598  licensed manufacturer, or licensed importer willfully and
  599  intentionally to request criminal history record information
  600  under false pretenses, or willfully and intentionally to
  601  disseminate criminal history record information to any person
  602  other than the subject of such information. Any person convicted
  603  of a violation of this subsection commits a felony of the third
  604  degree, punishable as provided in s. 775.082 or s. 775.083.
  605         (8) The Department of Law Enforcement shall adopt
  606  promulgate regulations to ensure the identity, confidentiality,
  607  and security of all records and data provided pursuant to this
  608  section.
  609         (9) This section shall become effective at such time as the
  610  Department of Law Enforcement has notified all licensed
  611  importers, licensed manufacturers, and licensed dealers in
  612  writing that the procedures and toll-free number described in
  613  this section are operational. This section shall remain in
  614  effect only during such times as the procedures described in
  615  subsection (2) remain operational.
  616         (10) A licensed importer, licensed manufacturer, or
  617  licensed dealer is not required to comply with the requirements
  618  of this section in the event of:
  619         (a) Unavailability of telephone service at the licensed
  620  premises due to the failure of the entity that which provides
  621  telephone service in the state, region, or other geographical
  622  area in which the licensee is located to provide telephone
  623  service to the premises of the licensee due to the location of
  624  said premises; or the interruption of telephone service by
  625  reason of hurricane, tornado, flood, natural disaster, or other
  626  act of God, war, invasion, insurrection, riot, or other bona
  627  fide emergency, or other reason beyond the control of the
  628  licensee; or
  629         (b) Failure of the Department of Law Enforcement to comply
  630  with the requirements of subsections (2) and (3).
  631         (11) Compliance with the provisions of this chapter shall
  632  be a complete defense to any claim or cause of action under the
  633  laws of any state for liability for damages arising from the
  634  importation or manufacture, or the subsequent sale or transfer
  635  to any person who has been convicted in any court of a crime
  636  punishable by imprisonment for a term exceeding 1 year, of any
  637  firearm that which has been shipped or transported in interstate
  638  or foreign commerce. The Department of Law Enforcement, its
  639  agents, and employees shall not be liable for any claim or cause
  640  of action under the laws of any state for liability for damages
  641  arising from its actions in lawful compliance with this section.
  642         (12)(a) Any potential buyer or transferee who willfully and
  643  knowingly provides false information or false or fraudulent
  644  identification commits a felony of the third degree, punishable
  645  as provided in s. 775.082 or s. 775.083.
  646         (b) Any licensed importer, licensed manufacturer, or
  647  licensed dealer who violates the provisions of subsection (1)
  648  commits a felony of the third degree, punishable as provided in
  649  s. 775.082 or s. 775.083.
  650         (c) Any employee or agency of a licensed importer, licensed
  651  manufacturer, or licensed dealer who violates the provisions of
  652  subsection (1) commits a felony of the third degree, punishable
  653  as provided in s. 775.082 or s. 775.083.
  654         (d) Any person who knowingly acquires a firearm through
  655  purchase or transfer intended for the use of a person who is
  656  prohibited by state or federal law from possessing or receiving
  657  a firearm commits a felony of the third degree, punishable as
  658  provided in s. 775.082 or s. 775.083.
  659         (13) A person younger than 21 years of age may not purchase
  660  a firearm. The sale or transfer of a firearm to a person younger
  661  than 21 years of age may not be made or facilitated by a
  662  licensed importer, licensed manufacturer, or licensed dealer. A
  663  person who violates this subsection commits a felony of the
  664  third degree, punishable as provided in s. 775.082, s. 775.083,
  665  or s. 775.084. The prohibitions of this subsection do not apply
  666  to the purchase of a rifle or shotgun by a law enforcement
  667  officer or correctional officer, as those terms are defined in
  668  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  669  servicemember as defined in s. 250.01.
  670         (14) This section does not apply to employees of sheriff’s
  671  offices, municipal police departments, correctional facilities
  672  or agencies, or other criminal justice or governmental agencies
  673  when the purchases or transfers are made on behalf of an
  674  employing agency for official law enforcement purposes.
  675         Section 5. This act shall take effect July 1, 2021.