Bill Text: FL S0548 | 2020 | Regular Session | Introduced
Bill Title: Firearms
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S0548 Detail]
Download: Florida-2020-S0548-Introduced.html
Florida Senate - 2020 SB 548 By Senator Rodriguez 37-00391-20 2020548__ 1 A bill to be entitled 2 An act relating to firearms; amending s. 790.065, 3 F.S.; requiring the Department of Law Enforcement to 4 include on a standard form certain questions 5 concerning a potential firearm buyer’s or transferee’s 6 criminal history and other information relating to the 7 person’s eligibility to make the firearm purchase; 8 requiring the department to notify certain law 9 enforcement agencies when a potential sale or transfer 10 receives a nonapproval number; providing requirements 11 for the notification of nonapproval; requiring that, 12 if neither party to a prospective firearms sale, 13 lease, or transfer is a licensed dealer, the parties 14 must complete the sale, lease, or transfer through a 15 licensed dealer; specifying procedures and 16 requirements for a licensed dealer, seller, lessor, or 17 transferor and a buyer, lessee, or transferee, 18 including a required background check; providing 19 applicability; revising the applicability of certain 20 requirements imposed on licensed importers, licensed 21 manufacturers, or licensed dealers; revising 22 applicability of the prohibition against certain sales 23 or deliveries of firearms to include certain 24 purchases, trades, and transfers of a rifle or 25 shotgun; deleting provisions exempting, under certain 26 circumstances, a licensed importer, licensed 27 manufacturer, or licensed dealer from the sale and 28 delivery requirements; deleting provisions authorizing 29 a licensee to complete the sale or transfer of a 30 firearm to a person without receiving notification 31 from the department informing the licensee as to 32 whether the person is prohibited from receipt or 33 possession of a firearm or providing a unique approval 34 number; prohibiting the sale or transfer, or 35 facilitation of a sale or transfer, of a firearm to a 36 person younger than a certain age by any person or 37 entity; revising an exception to the prohibitions; 38 amending s. 790.335, F.S.; conforming a cross 39 reference; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Subsections (1) and (3), paragraph (a) of 44 present subsection (4), subsection (10), paragraphs (b) and (c) 45 of present subsection (12), and present subsection (13) of 46 section 790.065, Florida Statutes, are amended to read: 47 790.065 Sale and delivery of firearms.— 48 (1)(a) A licensed importer, licensed manufacturer, or 49 licensed dealer may not sell or deliver from her or his 50 inventory at her or his licensed premises any firearm to another 51 person, other than a licensed importer, licensed manufacturer, 52 licensed dealer, or licensed collector, until she or he has: 53 1. Provided to and obtaineda completed formfrom the 54 potential buyer or transferee a completed form, adopted by the 55 Department of Law Enforcement,which form shall have been56promulgatedby the Department of Law Enforcement and provided by57the licensed importer, licensed manufacturer, or licensed58dealer,which, at a minimum, mustshallinclude the name, date 59 of birth, gender, race, and social security number or other 60 identification number of thesuchpotential buyer or transferee; 61 questions as to any criminal history of the potential buyer or 62 transferee; and other information relating to his or her 63 eligibility to purchase a firearm, and has inspected proper 64 identification, which must includeincluding an identification65containinga photograph of the potential buyer or transferee. 66 a. If the review of records under subsection (2) indicates 67 that the potential buyer or transferee is prohibited under state 68 or federal law from having in her or his care, custody, 69 possession, or control a firearm and that the potential 70 transfer, sale, or purchase has received a nonapproval number, 71 the Department of Law Enforcement shall send notification of the 72 nonapproval to the federal or state correctional, law 73 enforcement, prosecutorial, and other criminal justice agencies 74 that have jurisdiction in the county where the transfer or 75 purchase was attempted. 76 b. The Department of Law Enforcement shall, for each 77 county, identify the federal or state correctional, law 78 enforcement, prosecutorial, and other criminal justice agencies 79 that must receive the notification of nonapproval. 80 c. The notification of nonapproval must include the 81 identity of the potential buyer or transferee, the identity of 82 the licensee who made the inquiry, the date and time of issuance 83 of the nonapproval number, the reason for the nonapproval, and 84 the location where the attempted purchase or transfer occurred. 85 d. Except in instances in which a delay is necessary to 86 avoid compromising an ongoing investigation, in which case the 87 Department of Law Enforcement may delay notification for as long 88 as necessary, the department shall notify the required agencies 89 within 1 week after issuing the notification of nonapproval. 90 Such notifications, which may be made by any means, whether 91 oral, written, or electronic, may be aggregated, provided that 92 they are timely made. 93 2. Collected a fee from the potential buyer or transferee 94 for processing the criminal history checkof the potential95buyer. Thefee shall be established by theDepartment of Law 96 Enforcement shall establish the fee, whichandmay not exceed $8 97 per transaction. The Department of Law Enforcement may reduce, 98 or suspend collection of, the fee to reflect payment received 99 from the Federal Government applied to the cost of maintaining 100 the criminal history check system established by this section as 101 a means of facilitating or supplementing the National Instant 102 Criminal Background Check System. The Department of Law 103 Enforcement shall, by rule, establish procedures for the fees to 104 be transmitted by the licensee to the Department of Law 105 Enforcement. Such procedures must provide that fees may be paid 106 or transmitted by electronic means, including, but not limited 107 to, debit cards, credit cards, or electronic funds transfers. 108 All such fees shall be deposited into the Department of Law 109 Enforcement Operating Trust Fund, but shall be segregated from 110 all other funds deposited into thesuchtrust fund and must be 111 accounted for separately. Such segregated funds must not be used 112 for any purpose other than the operation of the criminal history 113 checks required by this section. The Department of Law 114 Enforcement, each year before February 1, shall make a full 115 accounting of all receipts and expenditures of such funds to the 116 President of the Senate, the Speaker of the House of 117 Representatives, the majority and minority leaders of each house 118 of the Legislature, and the chairs of the appropriations 119 committees of each house of the Legislature. In the event that 120 the cumulative amount of funds collected exceeds the cumulative 121 amount of expenditures by more than $2.5 million, excess funds 122 may be used for the purpose of purchasing soft body armor for 123 law enforcement officers. 124 3. Requested, by means of a toll-free telephone call or 125 other electronic means, the Department of Law Enforcement to 126 conduct a check of the information as reported and reflected in 127 the Florida Crime Information Center and National Crime 128 Information Center systems as of the date of the request. 129 4. Received a unique approval number for that inquiry from 130 the Department of Law Enforcement, and recorded the date and the 131 approvalsuchnumber on the consent form. 132 (b)1. If neither party to a prospective firearms sale, 133 lease, or transfer is a licensed dealer, the parties to the 134 transaction must complete the sale, lease, or transfer through a 135 licensed dealer as follows: 136 a. The seller, lessor, or transferor shall deliver the 137 firearm to a licensed dealer, who shall process the sale, lease, 138 or transfer as if she or he were the seller, lessor, or 139 transferor, except that the seller, lessor, or transferor who is 140 not a licensed dealer may remove the firearm from the business 141 premises of the licensed dealer while the background check is 142 being conducted and while the waiting period requirement set 143 forth in s. 790.0655 is being met. Other than allowing the 144 unlicensed seller or transferor to remove the firearm from the 145 licensed dealer’s business premises, the licensed dealer shall 146 comply with all requirements of federal and state law which 147 would apply if she or he were the seller, lessor, or transferor 148 of the firearm; 149 b. The licensed dealer shall conduct a background check on 150 the buyer or other transferee as provided in this section and, 151 unless the transaction is prohibited, and after all other legal 152 requirements are met, including those set forth in s. 790.0655, 153 the licensed dealer shall either: 154 (I) Deliver the firearm to the seller, lessor, or 155 transferor, who shall complete the transaction and deliver the 156 firearm to the buyer; or 157 (II) If the seller, lessor, or transferor has removed the 158 firearm from the licensed dealer’s business premises, contact 159 the seller, lessor, or transferor to inform her or him that she 160 or he may complete the transaction and deliver the firearm to 161 the buyer; and 162 c. If the licensed dealer cannot legally complete the 163 transaction, the dealer must: 164 (I) Return the firearm to the seller, lessor, or 165 transferor; or 166 (II) If the seller, lessor, or transferor has removed the 167 firearm from the licensed dealer’s business premises, contact 168 the seller, lessor, or transferor to inform her or him that the 169 transaction is prohibited and that the seller, lessor, or 170 transferor may not deliver the firearm to the buyer. 171 2. This paragraph does not apply to: 172 a. The activities of the United States Marshals Service, 173 members of the United States Armed Forces or the National Guard, 174 or federal officials required to carry firearms while performing 175 their official duties; or 176 b. The following activities, unless the lawful owner knows 177 or has reasonable cause to believe that federal, state, or local 178 law prohibits the transferee from purchasing or possessing 179 firearms or that the transferee is likely to use the firearm for 180 unlawful purposes: 181 (I) The delivery of a firearm to a gunsmith for service or 182 repair or the return of the firearm to its owner by the 183 gunsmith; 184 (II) The transfer of a firearm to a carrier, warehouseman, 185 or other person engaged in the business of transportation or 186 storage, to the extent that the receipt, possession, or having 187 on or about the person any firearm is in the ordinary course of 188 business and in conformity with federal, state, and local laws, 189 and not for the personal use of any such person; 190 (III) The loan of a firearm solely for the purpose of 191 shooting at targets, if the loan occurs on the premises of a 192 properly licensed target facility and if the firearm is at all 193 times kept within the premises of the target facility; 194 (IV) The loan of a firearm to a person who is under 18 195 years of age for lawful hunting, sporting, or educational 196 purposes while under the direct supervision and control of a 197 responsible adult; 198 (V) The loan of a firearm to a person who is 18 years of 199 age or older if the firearm remains in the person’s possession 200 only while the person is accompanying the lawful owner and using 201 the firearm for lawful hunting, sporting, or recreational 202 purposes; or 203 (VI) The loan of a firearm to an adult family member of the 204 lawful owner of the firearm if the lawful owner resides with the 205 family member but is not present in the residence and the family 206 member does not maintain control over the firearm for more than 207 10 consecutive days. 208 209 This subsection does not apply(b)However,if the person 210 purchasing,or receiving delivery of,the firearmis a holder of211a valid concealed weapons or firearms license pursuant to the212provisions of s. 790.06 orholds an active certification from 213 the Criminal Justice Standards and Training Commission as a “law 214 enforcement officer,” a “correctional officer,” or a 215 “correctional probation officer” as defined in s. 943.10(1), 216 (2), (3), (6), (7), (8), or (9), this subsection does not apply. 217(c) This subsection does not apply to the purchase, trade,218or transfer of a rifle or shotgun by a resident of this state219when the resident makes such purchase, trade, or transfer from a220licensed importer, licensed manufacturer, or licensed dealer in221another state.222(3) In the event of scheduled computer downtime, electronic223failure, or similar emergency beyond the control of the224Department of Law Enforcement, the department shall immediately225notify the licensee of the reason for, and estimated length of,226such delay. After such notification, the department shall227forthwith, and in no event later than the end of the next228business day of the licensee, either inform the requesting229licensee if its records demonstrate that the buyer or transferee230is prohibited from receipt or possession of a firearm pursuant231to Florida and Federal law or provide the licensee with a unique232approval number. Unless notified by the end of said next233business day that the buyer or transferee is so prohibited, and234without regard to whether she or he has received a unique235approval number, the licensee may complete the sale or transfer236and shall not be deemed in violation of this section with237respect to such sale or transfer.238 (3)(a)(4)(a)Any records containing any of the information 239 set forth in subsection (1) pertaining to a buyer or transferee 240 who is not found to be prohibited from receipt or transfer of a 241 firearm by reason of stateFloridaand federal law which records 242 are created by the Department of Law Enforcement to conduct the 243 criminal history record check shall be confidential and exempt 244 fromthe provisions ofs. 119.07(1) and may not be disclosed by 245 the Department of Law Enforcement or any officer or employee 246 thereof to any person or to another agency. The Department of 247 Law Enforcement shall destroy any such records forthwith after 248 it communicates the approval and nonapproval numbers to the 249 licensee and, in any event, such records shall be destroyed 250 within 48 hours after the day of the response to the licensee’s 251 request. 252(10) A licensed importer, licensed manufacturer, or253licensed dealer is not required to comply with the requirements254of this section in the event of:255(a) Unavailability of telephone service at the licensed256premises due to the failure of the entity which provides257telephone service in the state, region, or other geographical258area in which the licensee is located to provide telephone259service to the premises of the licensee due to the location of260said premises; or the interruption of telephone service by261reason of hurricane, tornado, flood, natural disaster, or other262act of God, war, invasion, insurrection, riot, or other bona263fide emergency, or other reason beyond the control of the264licensee; or265(b) Failure of the Department of Law Enforcement to comply266with the requirements of subsections (2) and (3).267 (10)(12)268 (b) Any licensed importer, licensed manufacturer, or 269 licensed dealer who violatesthe provisions ofsubsection (1) 270 commits a felony of the third degree, punishable as provided in 271 s. 775.082 or s. 775.083. 272 (c) Any employee or agency of a licensed importer, licensed 273 manufacturer, or licensed dealer who violatesthe provisions of274 subsection (1) commits a felony of the third degree, punishable 275 as provided in s. 775.082 or s. 775.083. 276 (11)(13)A person younger than 21 years of age may not 277 purchase a firearm, and a person may not sell or transfer. The278sale or transfer ofa firearm to a person younger than 21 years 279 of agemay not be made or facilitated by a licensed importer,280licensed manufacturer, or licensed dealer. The sale or transfer 281 of a firearm to a person younger than 21 years of age may not be 282 facilitated by any other person or entity on behalf of the 283 person younger than 21 years of age. A person who violates this 284 subsection commits a felony of the third degree, punishable as 285 provided in s. 775.082, s. 775.083, or s. 775.084.The286prohibitions ofThis subsection doesdonot apply to the 287 purchase of a rifle or shotgun by a law enforcement officer or 288 correctional officer, as those terms are defined in s. 289 943.10(1), (2), (3), (6), (7), (8), or (9), or by a person on 290 active duty in the Armed Forces of the United States or full 291 time duty in the National Guarda servicemember as defined in s.292250.01. 293 Section 2. Paragraph (e) of subsection (3) of section 294 790.335, Florida Statutes, is amended to read: 295 790.335 Prohibition of registration of firearms; electronic 296 records.— 297 (3) EXCEPTIONS.—The provisions of this section shall not 298 apply to: 299 (e)1. Records kept pursuant to the recordkeeping provisions 300 of s. 790.065; however, nothing in this section shall be 301 construed to authorize the public release or inspection of 302 records that are made confidential and exempt from the 303 provisions of s. 119.07(1) by s. 790.065(3)(a)s. 790.065(4)(a). 304 2. Nothing in this paragraph shall be construed to allow 305 the maintaining of records containing the names of purchasers or 306 transferees who receive unique approval numbers or the 307 maintaining of records of firearm transactions. 308 Section 3. This act shall take effect July 1, 2020.