Florida Senate - 2022                                     SB 334
       By Senator Polsky
       29-00583-22                                            2022334__
    1                        A bill to be entitled                      
    2         An act relating to the sale or transfer of ammunition;
    3         providing a short title; amending s. 790.065, F.S.;
    4         requiring background checks for the sale or transfer
    5         of 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. Subsections (1), (2), and (3), paragraphs (b),
   13  (c), and (d) of subsection (4), and subsections (6), (11), and
   14  (12) of section 790.065, Florida Statutes, are amended, and
   15  subsections (8), (10), and (14) of that section are republished,
   16  to read:
   17         790.065 Sale and delivery of firearms and ammunition.—
   18         (1)(a) A licensed importer, licensed manufacturer, or
   19  licensed dealer may not sell or deliver from her or his
   20  inventory at her or his licensed premises any firearm or
   21  ammunition to another person, other than a licensed importer,
   22  licensed manufacturer, licensed dealer, or licensed collector,
   23  until she or he has:
   24         1. Obtained a completed form from the potential buyer or
   25  transferee, which form shall have been promulgated by the
   26  Department of Law Enforcement and provided by the licensed
   27  importer, licensed manufacturer, or licensed dealer, which shall
   28  include the name, date of birth, gender, race, and social
   29  security number or other identification number of such potential
   30  buyer or transferee and has inspected proper identification
   31  including an identification containing a photograph of the
   32  potential buyer or transferee.
   33         2. Collected a fee from the potential buyer for processing
   34  the criminal history check of the potential buyer. The fee shall
   35  be established by the Department of Law Enforcement and may not
   36  exceed $8 per transaction. The Department of Law Enforcement may
   37  reduce, or suspend collection of, the fee to reflect payment
   38  received from the Federal Government applied to the cost of
   39  maintaining the criminal history check system established by
   40  this section as a means of facilitating or supplementing the
   41  National Instant Criminal Background Check System. The
   42  Department of Law Enforcement shall, by rule, establish
   43  procedures for the fees to be transmitted by the licensee to the
   44  Department of Law Enforcement. Such procedures must provide that
   45  fees may be paid or transmitted by electronic means, including,
   46  but not limited to, debit cards, credit cards, or electronic
   47  funds transfers. All such fees shall be deposited into the
   48  Department of Law Enforcement Operating Trust Fund, but shall be
   49  segregated from all other funds deposited into such trust fund
   50  and must be accounted for separately. Such segregated funds must
   51  not be used for any purpose other than the operation of the
   52  criminal history checks required by this section. The Department
   53  of Law Enforcement, each year before February 1, shall make a
   54  full accounting of all receipts and expenditures of such funds
   55  to the President of the Senate, the Speaker of the House of
   56  Representatives, the majority and minority leaders of each house
   57  of the Legislature, and the chairs of the appropriations
   58  committees of each house of the Legislature. In the event that
   59  the cumulative amount of funds collected exceeds the cumulative
   60  amount of expenditures by more than $2.5 million, excess funds
   61  may be used for the purpose of purchasing soft body armor for
   62  law enforcement officers.
   63         3. Requested, by means of a toll-free telephone call or
   64  other electronic means, the Department of Law Enforcement to
   65  conduct a check of the information as reported and reflected in
   66  the Florida Crime Information Center and National Crime
   67  Information Center systems as of the date of the request.
   68         4. Received a unique approval number for that inquiry from
   69  the Department of Law Enforcement, and recorded the date and
   70  such number on the consent form.
   71         (b) However, if the person purchasing, or receiving
   72  delivery of, the firearm or ammunition is a holder of a valid
   73  concealed weapons or firearms license pursuant to the provisions
   74  of s. 790.06 or holds an active certification from the Criminal
   75  Justice Standards and Training Commission as a “law enforcement
   76  officer,” a “correctional officer,” or a “correctional probation
   77  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   78  (9), this subsection does not apply.
   79         (c) This subsection does not apply to the purchase, trade,
   80  or transfer of a rifle or shotgun or rifle or shotgun ammunition
   81  by a resident of this state when the resident makes such
   82  purchase, trade, or transfer from a licensed importer, licensed
   83  manufacturer, or licensed dealer in another state.
   84         (d)This subsection does not apply to a transfer of
   85  ammunition if the transferor has no reason to believe that the
   86  transferee will use or intends to use the ammunition in a crime
   87  or that the transferee is prohibited from possessing ammunition
   88  under state or federal law, and the transfer takes place and the
   89  transferee’s possession of the ammunition is exclusively:
   90         1.At a shooting range or in a shooting gallery or other
   91  area designated for the purpose of target shooting; or
   92         2.While reasonably necessary for the purposes of hunting,
   93  trapping, or fishing, if the transferor:
   94         a.Has no reason to believe that the transferee intends to
   95  use the ammunition in a place where it is illegal; and
   96         b.Has reason to believe that the transferee will comply
   97  with all licensing and permit requirements for such hunting,
   98  trapping, or fishing; or
   99         c.Is in the presence of the transferee.
  100         (2) Upon receipt of a request for a criminal history record
  101  check, the Department of Law Enforcement shall, during the
  102  licensee’s call or by return call, forthwith:
  103         (a) Review any records available to determine if the
  104  potential buyer or transferee:
  105         1. Has been convicted of a felony and is prohibited from
  106  receipt or possession of a firearm or ammunition pursuant to s.
  107  790.23;
  108         2. Has been convicted of a misdemeanor crime of domestic
  109  violence, and therefore is prohibited from purchasing a firearm
  110  or ammunition;
  111         3. Has had adjudication of guilt withheld or imposition of
  112  sentence suspended on any felony or misdemeanor crime of
  113  domestic violence unless 3 years have elapsed since probation or
  114  any other conditions set by the court have been fulfilled or
  115  expunction has occurred; or
  116         4. Has been adjudicated mentally defective or has been
  117  committed to a mental institution by a court or as provided in
  118  sub-sub-subparagraph b.(II), and as a result is prohibited by
  119  state or federal law from purchasing a firearm.
  120         a. As used in this subparagraph, “adjudicated mentally
  121  defective” means a determination by a court that a person, as a
  122  result of marked subnormal intelligence, or mental illness,
  123  incompetency, condition, or disease, is a danger to himself or
  124  herself or to others or lacks the mental capacity to contract or
  125  manage his or her own affairs. The phrase includes a judicial
  126  finding of incapacity under s. 744.331(6)(a), an acquittal by
  127  reason of insanity of a person charged with a criminal offense,
  128  and a judicial finding that a criminal defendant is not
  129  competent to stand trial.
  130         b. As used in this subparagraph, “committed to a mental
  131  institution” means:
  132         (I) Involuntary commitment, commitment for mental
  133  defectiveness or mental illness, and commitment for substance
  134  abuse. The phrase includes involuntary inpatient placement under
  135  as defined in s. 394.467, involuntary outpatient placement under
  136  as defined in s. 394.4655, involuntary assessment and
  137  stabilization under s. 397.6818, and involuntary substance abuse
  138  treatment under s. 397.6957, but does not include a person in a
  139  mental institution for observation or discharged from a mental
  140  institution based upon the initial review by the physician or a
  141  voluntary admission to a mental institution; or
  142         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  143  admission to a mental institution for outpatient or inpatient
  144  treatment of a person who had an involuntary examination under
  145  s. 394.463, where each of the following conditions have been
  146  met:
  147         (A) An examining physician found that the person is an
  148  imminent danger to himself or herself or others.
  149         (B) The examining physician certified that if the person
  150  did not agree to voluntary treatment, a petition for involuntary
  151  outpatient or inpatient treatment would have been filed under s.
  152  394.463(2)(g)4., or the examining physician certified that a
  153  petition was filed and the person subsequently agreed to
  154  voluntary treatment prior to a court hearing on the petition.
  155         (C) Before agreeing to voluntary treatment, the person
  156  received written notice of that finding and certification, and
  157  written notice that as a result of such finding, he or she may
  158  be prohibited from purchasing a firearm, and may not be eligible
  159  to apply for or retain a concealed weapon or firearms license
  160  under s. 790.06 and the person acknowledged such notice in
  161  writing, in substantially the following form:
  162  “I understand that the doctor who examined me believes I am a
  163  danger to myself or to others. I understand that if I do not
  164  agree to voluntary treatment, a petition will be filed in court
  165  to require me to receive involuntary treatment. I understand
  166  that if that petition is filed, I have the right to contest it.
  167  In the event a petition has been filed, I understand that I can
  168  subsequently agree to voluntary treatment prior to a court
  169  hearing. I understand that by agreeing to voluntary treatment in
  170  either of these situations, I may be prohibited from buying
  171  firearms and from applying for or retaining a concealed weapons
  172  or firearms license until I apply for and receive relief from
  173  that restriction under Florida law.”
  174         (D) A judge or a magistrate has, pursuant to sub-sub
  175  subparagraph c.(II), reviewed the record of the finding,
  176  certification, notice, and written acknowledgment classifying
  177  the person as an imminent danger to himself or herself or
  178  others, and ordered that such record be submitted to the
  179  department.
  180         c. In order to check for these conditions, the department
  181  shall compile and maintain an automated database of persons who
  182  are prohibited from purchasing a firearm based on court records
  183  of adjudications of mental defectiveness or commitments to
  184  mental institutions.
  185         (I) Except as provided in sub-sub-subparagraph (II), clerks
  186  of court shall submit these records to the department within 1
  187  month after the rendition of the adjudication or commitment.
  188  Reports shall be submitted in an automated format. The reports
  189  must, at a minimum, include the name, along with any known alias
  190  or former name, the sex, and the date of birth of the subject.
  191         (II) For persons committed to a mental institution pursuant
  192  to sub-sub-subparagraph b.(II), within 24 hours after the
  193  person’s agreement to voluntary admission, a record of the
  194  finding, certification, notice, and written acknowledgment must
  195  be filed by the administrator of the receiving or treatment
  196  facility, as defined in s. 394.455, with the clerk of the court
  197  for the county in which the involuntary examination under s.
  198  394.463 occurred. No fee shall be charged for the filing under
  199  this sub-sub-subparagraph. The clerk must present the records to
  200  a judge or magistrate within 24 hours after receipt of the
  201  records. A judge or magistrate is required and has the lawful
  202  authority to review the records ex parte and, if the judge or
  203  magistrate determines that the record supports the classifying
  204  of the person as an imminent danger to himself or herself or
  205  others, to order that the record be submitted to the department.
  206  If a judge or magistrate orders the submittal of the record to
  207  the department, the record must be submitted to the department
  208  within 24 hours.
  209         d. A person who has been adjudicated mentally defective or
  210  committed to a mental institution, as those terms are defined in
  211  this paragraph, may petition the court that made the
  212  adjudication or commitment, or the court that ordered that the
  213  record be submitted to the department pursuant to sub-sub
  214  subparagraph c.(II), for relief from the firearm disabilities
  215  imposed by such adjudication or commitment. A copy of the
  216  petition shall be served on the state attorney for the county in
  217  which the person was adjudicated or committed. The state
  218  attorney may object to and present evidence relevant to the
  219  relief sought by the petition. The hearing on the petition may
  220  be open or closed as the petitioner may choose. The petitioner
  221  may present evidence and subpoena witnesses to appear at the
  222  hearing on the petition. The petitioner may confront and cross
  223  examine witnesses called by the state attorney. A record of the
  224  hearing shall be made by a certified court reporter or by court
  225  approved electronic means. The court shall make written findings
  226  of fact and conclusions of law on the issues before it and issue
  227  a final order. The court shall grant the relief requested in the
  228  petition if the court finds, based on the evidence presented
  229  with respect to the petitioner’s reputation, the petitioner’s
  230  mental health record and, if applicable, criminal history
  231  record, the circumstances surrounding the firearm disability,
  232  and any other evidence in the record, that the petitioner will
  233  not be likely to act in a manner that is dangerous to public
  234  safety and that granting the relief would not be contrary to the
  235  public interest. If the final order denies relief, the
  236  petitioner may not petition again for relief from firearm
  237  disabilities until 1 year after the date of the final order. The
  238  petitioner may seek judicial review of a final order denying
  239  relief in the district court of appeal having jurisdiction over
  240  the court that issued the order. The review shall be conducted
  241  de novo. Relief from a firearm disability granted under this
  242  sub-subparagraph has no effect on the loss of civil rights,
  243  including firearm rights, for any reason other than the
  244  particular adjudication of mental defectiveness or commitment to
  245  a mental institution from which relief is granted.
  246         e. Upon receipt of proper notice of relief from firearm
  247  disabilities granted under sub-subparagraph d., the department
  248  shall delete any mental health record of the person granted
  249  relief from the automated database of persons who are prohibited
  250  from purchasing a firearm based on court records of
  251  adjudications of mental defectiveness or commitments to mental
  252  institutions.
  253         f. The department is authorized to disclose data collected
  254  pursuant to this subparagraph to agencies of the Federal
  255  Government and other states for use exclusively in determining
  256  the lawfulness of a firearm sale or transfer. The department is
  257  also authorized to disclose this data to the Department of
  258  Agriculture and Consumer Services for purposes of determining
  259  eligibility for issuance of a concealed weapons or concealed
  260  firearms license and for determining whether a basis exists for
  261  revoking or suspending a previously issued license pursuant to
  262  s. 790.06(10). When a potential buyer or transferee appeals a
  263  nonapproval based on these records, the clerks of court and
  264  mental institutions shall, upon request by the department,
  265  provide information to help determine whether the potential
  266  buyer or transferee is the same person as the subject of the
  267  record. Photographs and any other data that could confirm or
  268  negate identity must be made available to the department for
  269  such purposes, notwithstanding any other provision of state law
  270  to the contrary. Any such information that is made confidential
  271  or exempt from disclosure by law shall retain such confidential
  272  or exempt status when transferred to the department.
  273         (b) Inform the licensee making the inquiry either that
  274  records demonstrate that the buyer or transferee is so
  275  prohibited and provide the licensee a nonapproval number, or
  276  provide the licensee with a unique approval number.
  277         (c)1. Review any records available to it to determine
  278  whether the potential buyer or transferee has been indicted or
  279  has had an information filed against her or him for an offense
  280  that is a felony under either state or federal law, or, as
  281  mandated by federal law, has had an injunction for protection
  282  against domestic violence entered against the potential buyer or
  283  transferee under s. 741.30, has had an injunction for protection
  284  against repeat violence entered against the potential buyer or
  285  transferee under s. 784.046, or has been arrested for a
  286  dangerous crime as specified in s. 907.041(4)(a) or for any of
  287  the following enumerated offenses:
  288         a. Criminal anarchy under ss. 876.01 and 876.02.
  289         b. Extortion under s. 836.05.
  290         c. Explosives violations under s. 552.22(1) and (2).
  291         d. Controlled substances violations under chapter 893.
  292         e. Resisting an officer with violence under s. 843.01.
  293         f. Weapons and firearms violations under this chapter.
  294         g. Treason under s. 876.32.
  295         h. Assisting self-murder under s. 782.08.
  296         i. Sabotage under s. 876.38.
  297         j. Stalking or aggravated stalking under s. 784.048.
  299  If the review indicates any such indictment, information, or
  300  arrest, the department shall provide to the licensee a
  301  conditional nonapproval number.
  302         2. Within 24 working hours, the department shall determine
  303  the disposition of the indictment, information, or arrest and
  304  inform the licensee as to whether the potential buyer is
  305  prohibited from receiving or possessing a firearm or ammunition.
  306  For purposes of this paragraph, “working hours” means the hours
  307  from 8 a.m. to 5 p.m. Monday through Friday, excluding legal
  308  holidays.
  309         3. The office of the clerk of court, at no charge to the
  310  department, shall respond to any department request for data on
  311  the disposition of the indictment, information, or arrest as
  312  soon as possible, but in no event later than 8 working hours.
  313         4. The department shall determine as quickly as possible
  314  within the allotted time period whether the potential buyer is
  315  prohibited from receiving or possessing a firearm or ammunition.
  316         5. If the potential buyer is not so prohibited, or if the
  317  department cannot determine the disposition information within
  318  the allotted time period, the department shall provide the
  319  licensee with a conditional approval number.
  320         6. If the buyer is so prohibited, the conditional
  321  nonapproval number shall become a nonapproval number.
  322         7. The department shall continue its attempts to obtain the
  323  disposition information and may retain a record of all approval
  324  numbers granted without sufficient disposition information. If
  325  the department later obtains disposition information which
  326  indicates:
  327         a. That the potential buyer is not prohibited from owning a
  328  firearm or ammunition, it shall treat the record of the
  329  transaction in accordance with this section; or
  330         b. That the potential buyer is prohibited from owning a
  331  firearm or ammunition, it shall immediately revoke the
  332  conditional approval number and notify local law enforcement.
  333         8. During the time that disposition of the indictment,
  334  information, or arrest is pending and until the department is
  335  notified by the potential buyer that there has been a final
  336  disposition of the indictment, information, or arrest, the
  337  conditional nonapproval number shall remain in effect.
  338         (3) In the event of scheduled computer downtime, electronic
  339  failure, or similar emergency beyond the control of the
  340  Department of Law Enforcement, the department shall immediately
  341  notify the licensee of the reason for, and estimated length of,
  342  such delay. After such notification, the department shall
  343  forthwith, and in no event later than the end of the next
  344  business day of the licensee, either inform the requesting
  345  licensee if its records demonstrate that the buyer or transferee
  346  is prohibited from receipt or possession of a firearm or
  347  ammunition pursuant to Florida and Federal law or provide the
  348  licensee with a unique approval number. Unless notified by the
  349  end of said next business day that the buyer or transferee is so
  350  prohibited, and without regard to whether she or he has received
  351  a unique approval number, the licensee may complete the sale or
  352  transfer and shall not be deemed in violation of this section
  353  with respect to such sale or transfer.
  354         (4)
  355         (b) Notwithstanding the provisions of this subsection, the
  356  Department of Law Enforcement may maintain records of NCIC
  357  transactions to the extent required by the Federal Government,
  358  and may maintain a log of dates of requests for criminal history
  359  records checks, unique approval and nonapproval numbers, license
  360  identification numbers, and transaction numbers corresponding to
  361  such dates for a period of not longer than 2 years or as
  362  otherwise required by law.
  363         (c) Nothing in this chapter shall be construed to allow the
  364  State of Florida to maintain records containing the names of
  365  purchasers or transferees who receive unique approval numbers or
  366  to maintain records of firearm or ammunition transactions.
  367         (d) Any officer or employee, or former officer or employee,
  368  of the Department of Law Enforcement or a law enforcement agency
  369  who intentionally and maliciously violates the provisions of
  370  this subsection commits a felony of the third degree, punishable
  371  as provided in s. 775.082 or s. 775.083.
  372         (6) Any person who is denied the right to receive or
  373  purchase a firearm or ammunition as a result of the procedures
  374  established by this section may request a criminal history
  375  records review and correction in accordance with the rules
  376  promulgated by the Department of Law Enforcement.
  377         (8) The Department of Law Enforcement shall promulgate
  378  regulations to ensure the identity, confidentiality, and
  379  security of all records and data provided pursuant to this
  380  section.
  381         (10) A licensed importer, licensed manufacturer, or
  382  licensed dealer is not required to comply with the requirements
  383  of this section in the event of:
  384         (a) Unavailability of telephone service at the licensed
  385  premises due to the failure of the entity which provides
  386  telephone service in the state, region, or other geographical
  387  area in which the licensee is located to provide telephone
  388  service to the premises of the licensee due to the location of
  389  said premises; or the interruption of telephone service by
  390  reason of hurricane, tornado, flood, natural disaster, or other
  391  act of God, war, invasion, insurrection, riot, or other bona
  392  fide emergency, or other reason beyond the control of the
  393  licensee; or
  394         (b) Failure of the Department of Law Enforcement to comply
  395  with the requirements of subsections (2) and (3).
  396         (11) Compliance with the provisions of this chapter shall
  397  be a complete defense to any claim or cause of action under the
  398  laws of any state for liability for damages arising from the
  399  importation or manufacture, or the subsequent sale or transfer
  400  to any person who has been convicted in any court of a crime
  401  punishable by imprisonment for a term exceeding 1 year, of any
  402  firearm or ammunition that which has been shipped or transported
  403  in interstate or foreign commerce. The Department of Law
  404  Enforcement and, its agents and employees shall not be liable
  405  for any claim or cause of action under the laws of any state for
  406  liability for damages arising from its actions in lawful
  407  compliance with this section.
  408         (12)(a) Any potential buyer or transferee who willfully and
  409  knowingly provides false information or false or fraudulent
  410  identification commits a felony of the third degree, punishable
  411  as provided in s. 775.082 or s. 775.083.
  412         (b) Any licensed importer, licensed manufacturer, or
  413  licensed dealer who violates the provisions of subsection (1)
  414  commits a felony of the third degree, punishable as provided in
  415  s. 775.082 or s. 775.083.
  416         (c) Any employee or agency of a licensed importer, licensed
  417  manufacturer, or licensed dealer who violates the provisions of
  418  subsection (1) commits a felony of the third degree, punishable
  419  as provided in s. 775.082 or s. 775.083.
  420         (d) Any person who knowingly acquires a firearm or
  421  ammunition through purchase or transfer intended for the use of
  422  a person who is prohibited by state or federal law from
  423  possessing or receiving a firearm or ammunition commits a felony
  424  of the third degree, punishable as provided in s. 775.082 or s.
  425  775.083.
  426         (14) This section does not apply to employees of sheriff’s
  427  offices, municipal police departments, correctional facilities
  428  or agencies, or other criminal justice or governmental agencies
  429  when the purchases or transfers are made on behalf of an
  430  employing agency for official law enforcement purposes.
  431         Section 3. This act shall take effect October 1, 2022.