Florida Senate - 2024                                     SB 182
       By Senator Polsky
       30-00356-24                                            2024182__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         790.065, F.S.; providing an exemption from public
    4         records requirements for records containing certain
    5         information pertaining to a buyer or transferee who is
    6         not found to be prohibited from receipt or transfer of
    7         ammunition; providing for future legislative review
    8         and repeal of the exemption; providing for the
    9         reversion of specified statutory text unless certain
   10         conditions are met; providing a statement of public
   11         necessity; providing a contingent effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraph (a) of subsection (4) of section
   16  790.065, Florida Statutes, is amended to read:
   17         790.065 Sale and delivery of firearms and ammunition.—
   18         (4)(a) Any records containing any of the information set
   19  forth in subsection (1) pertaining to a buyer or transferee who
   20  is not found to be prohibited from receipt or transfer of a
   21  firearm or ammunition by reason of Florida and federal law,
   22  which records are created by the Department of Law Enforcement
   23  to conduct the criminal history record check, are shall be
   24  confidential and exempt from the provisions of s. 119.07(1) and
   25  s. 24(a), Art. I of the State Constitution and may not be
   26  disclosed by the Department of Law Enforcement or any officer or
   27  employee thereof to any person or to another agency. The
   28  Department of Law Enforcement shall destroy any such records
   29  forthwith after it communicates the approval and nonapproval
   30  numbers to the licensee and, in any event, such records shall be
   31  destroyed within 48 hours after the day of the response to the
   32  licensee’s request.
   33         Section 2. The amendments to s. 790.065(4)(a), Florida
   34  Statutes, made by this act are subject to the Open Government
   35  Sunset Review Act in accordance with s. 119.15, Florida
   36  Statutes, and s. 24(a), Article I of the State Constitution and
   37  shall stand repealed on October 2, 2029, and the text of s.
   38  790.065(4)(a) shall revert to that in existence on September 30,
   39  2024, except that any amendments to such text enacted other than
   40  by this act shall be preserved and continue to operate to the
   41  extent that such amendments are not dependent upon the portions
   42  of text which expire pursuant to this section, unless reviewed
   43  and saved from repeal through reenactment by the Legislature.
   44         Section 3. The Legislature finds that it is a public
   45  necessity that the information pertaining to an individual who
   46  is a buyer or transferee who is not found to be prohibited from
   47  receipt or transfer of ammunition under s. 790.065, Florida
   48  Statutes, be made confidential and exempt from public records
   49  requirements under s. 119.07(1), Florida Statutes, and s. 24(a),
   50  Article I of the State Constitution. The knowledge that someone
   51  has purchased ammunition can easily lead to the conclusion that
   52  the applicant or licensee has, in fact, armed himself or
   53  herself. The Legislature has found in prior legislative sessions
   54  and has expressed in s. 790.335(1)(a)3., Florida Statutes, that
   55  a list, record, or registry of legally owned firearms or law
   56  abiding firearm owners is “an instrument that can be used as a
   57  means to profile innocent citizens and to harass and abuse
   58  American citizens based solely on their choice to own firearms
   59  and exercise their Second Amendment right to keep and bear arms
   60  as guaranteed under the United States Constitution.” Release of
   61  personal identifying information of an individual who has
   62  purchased ammunition could be used to harass an innocent person
   63  based solely on that person’s exercised right to own a firearm.
   64  Therefore, the Legislature finds that such information must be
   65  held confidential and exempt from public records requirements.
   66         Section 4. This act shall take effect on the same date that
   67  SB ____ or similar legislation takes effect, if such legislation
   68  is adopted in the same legislative session or an extension
   69  thereof and becomes a law.