Florida Senate - 2026 SB 90 By Senator Polsky 30-00109-26 202690__ 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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (a) of subsection (4) of section 16 790.065, Florida Statutes, as amended by SB 88, 2026 Regular 17 Session, is amended to read: 18 790.065 Sale and delivery of firearms and ammunition.— 19 (4)(a) Any records containing any of the information set 20 forth in subsection (1) pertaining to a buyer or transferee who 21 is not found to be prohibited from receipt or transfer of a 22 firearm or ammunition by reason of Florida and federal law, 23 which records are created by the Department of Law Enforcement 24 to conduct the criminal history record check, areshall be25 confidential and exempt fromthe provisions ofs. 119.07(1) and 26 s. 24(a), Art. I of the State Constitution and may not be 27 disclosed by the Department of Law Enforcement or any officer or 28 employee thereof to any person or to another agency. The 29 Department of Law Enforcement shall destroy any such records 30 forthwith after it communicates the approval and nonapproval 31 numbers to the licensee and, in any event, such records shall be 32 destroyed within 48 hours after the day of the response to the 33 licensee’s request. 34 Section 2. The amendments to s. 790.065(4)(a), Florida 35 Statutes, made by this act are subject to the Open Government 36 Sunset Review Act in accordance with s. 119.15, Florida 37 Statutes, and to s. 24(a), Article I of the State Constitution 38 and shall stand repealed on October 2, 2031, and the text of s. 39 790.065(4)(a), Florida Statutes, shall revert to that in 40 existence on September 30, 2026, except that any amendments to 41 such text enacted other than by this act shall be preserved and 42 continue to operate to the extent that such amendments are not 43 dependent upon the portions of text which expire pursuant to 44 this section, unless reviewed and saved from repeal through 45 reenactment by the Legislature. 46 Section 3. The Legislature finds that it is a public 47 necessity that the information pertaining to an individual who 48 is a buyer or transferee who is not found to be prohibited from 49 receipt or transfer of ammunition under s. 790.065, Florida 50 Statutes, be made confidential and exempt from public records 51 requirements under s. 119.07(1), Florida Statutes, and s. 24(a), 52 Article I of the State Constitution. The knowledge that someone 53 has purchased ammunition can easily lead to the conclusion that 54 the applicant or licensee has, in fact, armed himself or 55 herself. The Legislature has found in prior legislative sessions 56 and has expressed in s. 790.335(1)(a)3., Florida Statutes, that 57 a list, record, or registry of legally owned firearms or law 58 abiding firearm owners is “an instrument that can be used as a 59 means to profile innocent citizens and to harass and abuse 60 American citizens based solely on their choice to own firearms 61 and exercise their Second Amendment right to keep and bear arms 62 as guaranteed under the United States Constitution.” Release of 63 personal identifying information of an individual who has 64 purchased ammunition could be used to harass an innocent person 65 based solely on that person’s exercised right to own a firearm. 66 Therefore, the Legislature finds that such information must be 67 held confidential and exempt from public records requirements. 68 Section 4. This act shall take effect on the same date that 69 SB 88 or similar legislation takes effect, if such legislation 70 is adopted in the same legislative session or an extension 71 thereof and becomes a law.