Bill Text: FL S0586 | 2020 | Regular Session | Introduced
Bill Title: Firearms
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S0586 Detail]
Download: Florida-2020-S0586-Introduced.html
Florida Senate - 2020 SB 586 By Senator Rodriguez 37-00696A-20 2020586__ 1 A bill to be entitled 2 An act relating to firearms; amending s. 790.065, 3 F.S.; requiring that, if neither party to a firearm 4 sale or transfer is a licensed importer, licensed 5 manufacturer, or licensed dealer, all other sales or 6 transfers may be conducted only between two persons 7 who have valid concealed weapons or firearms licenses; 8 requiring such a seller or transferor to retain a copy 9 of the buyer’s or transferee’s concealed weapons or 10 firearms license and the serial number of the firearm 11 sold; creating a civil cause of action; revising 12 applicability; deleting applicability; expanding the 13 applicability of certain criminal penalties; providing 14 an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsections (1) and (12) of section 790.065, 19 Florida Statutes, are amended to read: 20 790.065 Sale and delivery of firearms.— 21 (1)(a) A licensed importer, licensed manufacturer, or 22 licensed dealer may not sell or deliver from her or his 23 inventory at her or his licensed premises any firearm to another 24 person, other than a licensed importer, licensed manufacturer, 25 licensed dealer, or licensed collector, until she or he has: 26 1. Obtained a completed form from the potential buyer or 27 transferee, which form shall have been adoptedpromulgatedby 28 the Department of Law Enforcement and provided by the licensed 29 importer, licensed manufacturer, or licensed dealer, which shall 30 include the name, date of birth, gender, race, and social 31 security number or other identification number of such potential 32 buyer or transferee and has inspected proper identification 33 including an identification containing a photograph of the 34 potential buyer or transferee. 35 2. Collected a fee from the potential buyer for processing 36 the criminal history check of the potential buyer. The fee shall 37 be established by the Department of Law Enforcement and may not 38 exceed $8 per transaction. The Department of Law Enforcement may 39 reduce, or suspend collection of, the fee to reflect payment 40 received from the Federal Government applied to the cost of 41 maintaining the criminal history check system established by 42 this section as a means of facilitating or supplementing the 43 National Instant Criminal Background Check System. The 44 Department of Law Enforcement shall, by rule, establish 45 procedures for the fees to be transmitted by the licensee to the 46 Department of Law Enforcement. Such procedures must provide that 47 fees may be paid or transmitted by electronic means, including, 48 but not limited to, debit cards, credit cards, or electronic 49 funds transfers. All such fees shall be deposited into the 50 Department of Law Enforcement Operating Trust Fund, but shall be 51 segregated from all other funds deposited into thesuchtrust 52 fund and must be accounted for separately. Such segregated funds 53 must not be used for any purpose other than the operation of the 54 criminal history checks required by this section. The Department 55 of Law Enforcement, each year before February 1, shall make a 56 full accounting of all receipts and expenditures of such funds 57 to the President of the Senate, the Speaker of the House of 58 Representatives, the majority and minority leaders of each house 59 of the Legislature, and the chairs of the appropriations 60 committees of each house of the Legislature. In the event that 61 the cumulative amount of funds collected exceeds the cumulative 62 amount of expenditures by more than $2.5 million, excess funds 63 may be used for the purpose of purchasing soft body armor for 64 law enforcement officers. 65 3. Requested, by means of a toll-free telephone call or 66 other electronic means, the Department of Law Enforcement to 67 conduct a check of the information as reported and reflected in 68 the Florida Crime Information Center and National Crime 69 Information Center systems as of the date of the request. 70 4. Received a unique approval number for that inquiry from 71 the Department of Law Enforcement, and recorded the date and the 72 approvalsuchnumber on the consent form. 73 (b) If neither party to a firearm sale or transfer is a 74 licensed importer, licensed manufacturer, or licensed dealer and 75 the sale or transaction is not conducted pursuant to paragraph 76 (a), all other firearm sales or transfers may be conducted only 77 between two persons who have valid concealed weapons or firearms 78 licenses as follows: 79 1. A seller or transferor must hold a valid concealed 80 weapons or firearms license and may sell or transfer a firearm 81 only to another person who holds a valid concealed weapons or 82 firearms license at the time of the transaction. 83 2. The seller or transferor must retain a copy of the 84 buyer’s or transferee’s concealed weapons or firearms license 85 and the serial number of the firearm that she or he sold to the 86 buyer or transferee. There is created a civil cause of action 87 for an aggrieved person in this state to seek compensatory 88 damages against a seller or transferor who violates this 89 paragraph by selling or transferring a firearm to a person who 90 does not hold a valid concealed weapons or firearms license. 91 92 This subsection does not apply(b)However,if the person 93 purchasing,or receiving delivery of,the firearmis a holder of94a valid concealed weapons or firearms license pursuant to the95provisions of s. 790.06 orholds an active certification from 96 the Criminal Justice Standards and Training Commission as a “law 97 enforcement officer,” a “correctional officer,” or a 98 “correctional probation officer” as defined in s. 943.10(1), 99 (2), (3), (6), (7), (8), or (9), this subsection does not apply. 100(c) This subsection does not apply to the purchase, trade,101or transfer of a rifle or shotgun by a resident of this state102when the resident makes such purchase, trade, or transfer from a103licensed importer, licensed manufacturer, or licensed dealer in104another state.105 (12)(a) Any potential buyer or transferee who willfully and 106 knowingly provides false information or false or fraudulent 107 identification commits a felony of the third degree, punishable 108 as provided in s. 775.082 or s. 775.083. 109 (b) Any person, including a licensed importer, licensed 110 manufacturer, or licensed dealer, who violatesthe provisions of111 subsection (1) commits a felony of the third degree, punishable 112 as provided in s. 775.082 or s. 775.083. 113 (c) Any employee or agency of a licensed importer, licensed 114 manufacturer, or licensed dealer who violatesthe provisions of115 subsection (1) commits a felony of the third degree, punishable 116 as provided in s. 775.082 or s. 775.083. 117 (d) Any person who knowingly acquires a firearm through 118 purchase or transfer intended for the use of a person who is 119 prohibited by state or federal law from possessing or receiving 120 a firearm commits a felony of the third degree, punishable as 121 provided in s. 775.082 or s. 775.083. 122 Section 2. This act shall take effect July 1, 2020.