Florida Senate - 2021                                     SB 330
       By Senator Farmer
       34-00610-21                                            2021330__
    1                        A bill to be entitled                      
    2         An act relating to the sale and delivery of firearms;
    3         amending s. 790.065, F.S.; requiring the parties, if
    4         neither party to a sale, lease, or other transfer of a
    5         firearm is a licensed dealer, to complete the sale,
    6         lease, or other transfer through a licensed dealer;
    7         specifying procedures and requirements for a licensed
    8         dealer, seller, lessor, or transferor, and a buyer or
    9         transferee; authorizing a licensed dealer to charge a
   10         buyer or transferee specified fees; providing
   11         applicability; deleting provisions authorizing a
   12         licensee to complete the sale or transfer of a firearm
   13         to a person without receiving certain notification
   14         from the Department of Law Enforcement informing the
   15         licensee that such person is prohibited from receipt
   16         or possession of a firearm or providing a unique
   17         approval number under certain circumstances; deleting
   18         provisions exempting a licensed importer, licensed
   19         manufacturer, or licensed dealer from such sale and
   20         delivery requirements under certain circumstances;
   21         amending s. 790.335, F.S.; conforming a cross
   22         reference; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Subsections (1), (3), and (10) of section
   27  790.065, Florida Statutes, are amended to read:
   28         790.065 Sale and delivery of firearms.—
   29         (1)(a) A licensed importer, licensed manufacturer, or
   30  licensed dealer may not sell or deliver from her or his
   31  inventory at her or his licensed premises any firearm to another
   32  person, other than a licensed importer, licensed manufacturer,
   33  licensed dealer, or licensed collector, until she or he has:
   34         1. Obtained a completed form from the potential buyer or
   35  transferee, which form shall have been promulgated by the
   36  Department of Law Enforcement and provided by the licensed
   37  importer, licensed manufacturer, or licensed dealer, which shall
   38  include the name, date of birth, gender, race, and social
   39  security number or other identification number of such potential
   40  buyer or transferee and has inspected proper identification
   41  including an identification containing a photograph of the
   42  potential buyer or transferee.
   43         2. Collected a fee from the potential buyer for processing
   44  the criminal history check of the potential buyer. The fee shall
   45  be established by the Department of Law Enforcement and may not
   46  exceed $8 per transaction. The Department of Law Enforcement may
   47  reduce, or suspend collection of, the fee to reflect payment
   48  received from the Federal Government applied to the cost of
   49  maintaining the criminal history check system established by
   50  this section as a means of facilitating or supplementing the
   51  National Instant Criminal Background Check System. The
   52  Department of Law Enforcement shall, by rule, establish
   53  procedures for the fees to be transmitted by the licensee to the
   54  Department of Law Enforcement. Such procedures must provide that
   55  fees may be paid or transmitted by electronic means, including,
   56  but not limited to, debit cards, credit cards, or electronic
   57  funds transfers. All such fees shall be deposited into the
   58  Department of Law Enforcement Operating Trust Fund, but shall be
   59  segregated from all other funds deposited into such trust fund
   60  and must be accounted for separately. Such segregated funds must
   61  not be used for any purpose other than the operation of the
   62  criminal history checks required by this section. The Department
   63  of Law Enforcement, each year before February 1, shall make a
   64  full accounting of all receipts and expenditures of such funds
   65  to the President of the Senate, the Speaker of the House of
   66  Representatives, the majority and minority leaders of each house
   67  of the Legislature, and the chairs of the appropriations
   68  committees of each house of the Legislature. In the event that
   69  the cumulative amount of funds collected exceeds the cumulative
   70  amount of expenditures by more than $2.5 million, excess funds
   71  may be used for the purpose of purchasing soft body armor for
   72  law enforcement officers.
   73         3. Requested, by means of a toll-free telephone call or
   74  other electronic means, the Department of Law Enforcement to
   75  conduct a check of the information as reported and reflected in
   76  the Florida Crime Information Center and National Crime
   77  Information Center systems as of the date of the request.
   78         4. Received a unique approval number for that inquiry from
   79  the Department of Law Enforcement, and recorded the date and
   80  such number on the consent form.
   81         (b) However, if the person purchasing, or receiving
   82  delivery of, the firearm is a holder of a valid concealed
   83  weapons or firearms license pursuant to the provisions of s.
   84  790.06 or holds an active certification from the Criminal
   85  Justice Standards and Training Commission as a “law enforcement
   86  officer,” a “correctional officer,” or a “correctional probation
   87  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   88  (9), this subsection does not apply.
   89         (c) This subsection does not apply to the purchase, trade,
   90  or transfer of a rifle or shotgun by a resident of this state
   91  when the resident makes such purchase, trade, or transfer from a
   92  licensed importer, licensed manufacturer, or licensed dealer in
   93  another state.
   94         (d)1.If neither party to a prospective firearms sale,
   95  lease, or other transfer is a licensed dealer, the parties to
   96  such transaction must complete the sale, lease, or other
   97  transfer through a licensed dealer as follows:
   98         a. The seller, lessor, or transferor must deliver the
   99  firearm to a licensed dealer who shall process the sale, lease,
  100  or transfer as if she or he were the seller, lessor, or
  101  transferor, except that the seller, lessor, or transferor who is
  102  not a licensed dealer may remove the firearm from the business
  103  premises of the licensed dealer while the background check is
  104  being conducted and while the waiting period requirement set
  105  forth in s. 790.0655 is being met. Other than allowing the
  106  unlicensed seller, lessor, or transferor to remove the firearm
  107  from the licensed dealer’s business premises, the licensed
  108  dealer shall comply with all requirements of federal and state
  109  law which would apply if she or he were the seller, lessor, or
  110  transferor of the firearm;
  111         b. The licensed dealer shall conduct a background check on
  112  the buyer or other transferee in accordance with this section
  113  and, unless the transaction is prohibited and after all other
  114  legal requirements are met, including those set forth in s.
  115  790.0655, the dealer shall either:
  116         (I) Deliver the firearm to the seller, lessor, or
  117  transferor, who shall complete the transaction and deliver the
  118  firearm to the buyer or other transferee; or
  119         (II) If the seller, lessor, or transferor has removed the
  120  firearm from the licensed dealer’s business premises, contact
  121  the seller, lessor, or transferor to let her or him know that
  122  she or he may complete the transaction and deliver the firearm
  123  to the buyer or other transferee;
  124         c. If the licensed dealer cannot legally complete the
  125  transaction, the dealer must:
  126         (I) Return the firearm to the seller, lessor, or
  127  transferor; or
  128         (II) If the seller, lessor, or transferor has removed the
  129  firearm from the licensed dealer’s business premises, contact
  130  the seller, lessor, or transferor to let her or him know that
  131  the transaction is prohibited and the seller, lessor, or
  132  transferor may not deliver the firearm to the buyer; and
  133         d. The licensed dealer may require the buyer or other
  134  transferee to pay a fee covering the administrative costs
  135  incurred by the licensed dealer for facilitating the transfer of
  136  the firearm, plus applicable fees pursuant to federal and state
  137  law.
  138         2. This paragraph does not apply to:
  139         a. The activities of the United States Marshals Service,
  140  members of the United States Armed Forces or the National Guard,
  141  or federal officials required to carry firearms while engaged in
  142  performing their official duties; or
  143         b. The following activities, unless the lawful owner knows
  144  or has reasonable cause to believe that federal, state, or local
  145  laws prohibit the transferee from purchasing or possessing
  146  firearms, or that the transferee is likely to use the firearm
  147  for unlawful purposes:
  148         (I) The delivery of a firearm to a gunsmith for service or
  149  repair, or the return of the firearm to its owner by the
  150  gunsmith;
  151         (II) The transfer of a firearm to a carrier, warehouseman,
  152  or other person engaged in the business of transportation or
  153  storage, to the extent that the receipt, possession, or having
  154  on or about the person of any firearm is in the ordinary course
  155  of business and in conformity with federal, state, and local
  156  laws, and not for the personal use of any such person;
  157         (III) The loan of a firearm solely for the purpose of
  158  shooting at targets, if the loan occurs on the premises of a
  159  properly licensed target facility and if the firearm is at all
  160  times kept within the premises of the target facility;
  161         (IV) The loan of a firearm to a person who is under 18
  162  years of age for lawful hunting, sporting, or educational
  163  purposes while under the direct supervision and control of a
  164  responsible adult;
  165         (V) The loan of a firearm to a person who is 18 years of
  166  age or older if the firearm remains in the person’s possession
  167  only while the person is accompanying the lawful owner and using
  168  the firearm for lawful hunting, sporting, or recreational
  169  purposes; or
  170         (VI) The loan of a firearm to an adult family member of the
  171  lawful owner of the firearm if the lawful owner resides with the
  172  family member but is not present in the residence, provided that
  173  the family member does not maintain control over the firearm for
  174  more than 10 consecutive days.
  175         (3) In the event of scheduled computer downtime, electronic
  176  failure, or similar emergency beyond the control of the
  177  Department of Law Enforcement, the department shall immediately
  178  notify the licensee of the reason for, and estimated length of,
  179  such delay. After such notification, the department shall
  180  forthwith, and in no event later than the end of the next
  181  business day of the licensee, either inform the requesting
  182  licensee if its records demonstrate that the buyer or transferee
  183  is prohibited from receipt or possession of a firearm pursuant
  184  to Florida and Federal law or provide the licensee with a unique
  185  approval number. Unless notified by the end of said next
  186  business day that the buyer or transferee is so prohibited, and
  187  without regard to whether she or he has received a unique
  188  approval number, the licensee may complete the sale or transfer
  189  and shall not be deemed in violation of this section with
  190  respect to such sale or transfer.
  191         (10) A licensed importer, licensed manufacturer, or
  192  licensed dealer is not required to comply with the requirements
  193  of this section in the event of:
  194         (a) Unavailability of telephone service at the licensed
  195  premises due to the failure of the entity which provides
  196  telephone service in the state, region, or other geographical
  197  area in which the licensee is located to provide telephone
  198  service to the premises of the licensee due to the location of
  199  said premises; or the interruption of telephone service by
  200  reason of hurricane, tornado, flood, natural disaster, or other
  201  act of God, war, invasion, insurrection, riot, or other bona
  202  fide emergency, or other reason beyond the control of the
  203  licensee; or
  204         (b) Failure of the Department of Law Enforcement to comply
  205  with the requirements of subsections (2) and (3).
  206         Section 2. Paragraph (e) of subsection (3) of section
  207  790.335, Florida Statutes, is amended to read:
  208         790.335 Prohibition of registration of firearms; electronic
  209  records.—
  210         (3) EXCEPTIONS.—The provisions of this section shall not
  211  apply to:
  212         (e)1. Records kept pursuant to the recordkeeping provisions
  213  of s. 790.065; however, nothing in this section shall be
  214  construed to authorize the public release or inspection of
  215  records that are made confidential and exempt from the
  216  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  217         2. Nothing in this paragraph shall be construed to allow
  218  the maintaining of records containing the names of purchasers or
  219  transferees who receive unique approval numbers or the
  220  maintaining of records of firearm transactions.
  221         Section 3. This act shall take effect July 1, 2021.