Bill Text: FL S0788 | 2019 | Regular Session | Introduced
Bill Title: Firearms
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S0788 Detail]
Download: Florida-2019-S0788-Introduced.html
Florida Senate - 2019 SB 788 By Senator Book 32-00288C-19 2019788__ 1 A bill to be entitled 2 An act relating to firearms; creating s. 397.6753, 3 F.S.; authorizing a law enforcement officer acting in 4 accordance with certain provisions to serve and 5 execute a court order on any day and at any time; 6 authorizing a law enforcement officer acting in 7 accordance with certain provisions to use reasonable 8 physical force to gain entry to the premises or any 9 dwelling on such premises and take custody of the 10 person subject to the court order; requiring the 11 assigning of serving and executing the court order to 12 a law enforcement officer with certain training, when 13 practicable; authorizing a law enforcement officer 14 taking custody of the person to seize and hold that 15 person’s firearms and ammunition under certain 16 circumstances; authorizing a law enforcement officer, 17 taking custody of the person subject to the court 18 order, to seek the voluntary surrender of firearms and 19 ammunition under certain circumstances; authorizing a 20 law enforcement officer to petition for a risk 21 protection order under certain circumstances; 22 requiring that firearms seized or surrendered be made 23 available for return within a certain timeframe and 24 under specified circumstances; prohibiting the process 25 for the return of such firearms or ammunition to take 26 longer than a certain timeframe; requiring law 27 enforcement agencies to develop specified policies and 28 procedures; amending s. 744.3215, F.S.; authorizing a 29 court to remove the right to purchase, own, sell, or 30 possess firearms or ammunition of a person found to be 31 incapacitated; requiring a guardian or an agent to 32 file an inventory of the incapacitated person’s 33 firearms and ammunition with the court if this right 34 is removed; requiring the guardian or agent to place 35 the firearms and ammunition in the custody of a local 36 law enforcement agency or petition the court for an 37 alternative storage arrangement outside of the 38 incapacitated person’s control; requiring a law 39 enforcement agency to accept such firearms and 40 ammunition; providing for the disposal, donation, 41 transfer, or sale of the firearms and ammunition under 42 certain circumstances, through court petition; 43 requiring written notification by certified mail to 44 the court and the incapacitated person of such intent 45 to petition; requiring a court hearing if there is an 46 objection to the disposal, donation, transfer, or 47 sale; amending s. 790.064, F.S.; requiring the 48 Department of Law Enforcement, in certain cases, to 49 investigate individuals upon whom a firearm disability 50 is imposed on or after a certain date and, if they are 51 in possession of firearms or ammunition, to seize the 52 firearms and ammunition following specified 53 procedures; amending s. 790.065, F.S.; revising the 54 definition of the term “committed to a mental 55 institution”; authorizing a judge or magistrate, when 56 reviewing a petition for involuntary treatment, to 57 refer a case to the department to investigate, in 58 certain cases, individuals upon whom a firearm 59 disability is imposed on or after a certain date and, 60 if they are in possession of any firearms or 61 ammunition, to seize the firearms and ammunition 62 following specified procedures; requiring the 63 Department of Children and Families and the Department 64 of Law Enforcement to enforce certain reporting 65 provisions; requiring all licensed mental health and 66 substance abuse service providers to comply with 67 certain provisions by a specified date; providing 68 penalties for violations; increasing the time periods 69 under which a clerk of the court must present certain 70 records to a judge or magistrate and submit such 71 records to the department, if applicable; conforming 72 provisions to changes made by the act; providing an 73 effective date. 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. Section 397.6753, Florida Statutes, is created 78 to read: 79 397.6753 Ability of law enforcement to seize firearms.— 80 (1) If a law enforcement officer is acting in accordance 81 with the involuntary admissions procedures of this chapter or a 82 related court order, he or she may: 83 (a) Serve and execute such order on any day of the week, at 84 any time of the day or night; and 85 (b) Use reasonable physical force to gain entry to the 86 premises or any dwellings, buildings, or other structures 87 located on the premises and take custody of the person who is 88 the subject of the court order. When practicable, a law 89 enforcement officer who has received crisis intervention team 90 training shall be assigned to serve and execute the order. 91 (2) A law enforcement officer taking custody of a person 92 under subsection (1) may seize and hold a firearm or any 93 ammunition the person possesses at the time of taking him or her 94 into custody if the person poses a potential danger to himself 95 or herself or others and has made a credible threat of violence 96 against himself or herself or another person. 97 (3) If the law enforcement officer takes custody of the 98 person at the person’s residence and the criteria in subsection 99 (2) have been met, the law enforcement officer may seek the 100 voluntary surrender of firearms or ammunition kept in the 101 residence which have not already been seized under subsection 102 (2). If such firearms or ammunition are not voluntarily 103 surrendered, or if the person has other firearms or ammunition 104 that were not seized or voluntarily surrendered when he or she 105 was taken into custody, a law enforcement officer may petition 106 the appropriate court under s. 790.401 for a risk protection 107 order to remove such firearms and ammunition of the person. 108 (4) Firearms or ammunition seized or voluntarily 109 surrendered pursuant to this section must be made available for 110 return no later than 24 hours after the person taken into 111 custody can demonstrate that he or she is no longer subject to 112 involuntary treatment and has been released or discharged from 113 any treatment provided, unless a risk protection order entered 114 under s. 790.401 directs the law enforcement agency to hold the 115 firearms or ammunition for a longer period, the person is 116 subject to a firearm purchase disability under s. 790.065(2), or 117 a firearm possession and firearm ownership disability under s. 118 790.064 applies. The process for the actual return of firearms 119 or ammunition seized or voluntarily surrendered under this 120 subsection may not take longer than 7 days, and law enforcement 121 agencies must develop policies and procedures relating to the 122 seizure, storage, and return of firearms or ammunition held 123 under this section. 124 Section 2. Subsection (2) of section 744.3215, Florida 125 Statutes, is amended to read: 126 744.3215 Rights of persons determined incapacitated.— 127 (2) Rights that may be removed from a person by an order 128 determining incapacity but not delegated to a guardian include 129 the right: 130 (a) To marry. If the right to enter into a contract has 131 been removed, the right to marry is subject to court approval. 132 (b) To vote. 133 (c) To personally apply for government benefits. 134 (d) To have a driver license. 135 (e) To travel. 136 (f) To seek or retain employment. 137 (g)1. To purchase, own, sell, or possess firearms and 138 ammunition. If this right is removed, the guardian, or the agent 139 under a power of attorney if there is no guardianship, must file 140 an inventory of the incapacitated person’s firearms and 141 ammunition with the court and either place the firearms and 142 ammunition in the custody of a local law enforcement agency in 143 the county where the incapacitated person resides or where the 144 guardianship is being administered, or petition the court for 145 alternative storage of such firearms and ammunition outside of 146 the incapacitated person’s control. This alternative storage 147 entity must be able to legally possess firearms and ammunition, 148 and the guardian or the agent must disclose to the court whether 149 the entity will charge a storage fee. 150 2. A law enforcement agency must accept such firearms and 151 ammunition. If, after 10 years, the incapacitated person has not 152 successfully had his or her firearm and ammunition right 153 restored, the law enforcement agency or the alternative storage 154 entity may petition the court to dispose of, donate, transfer, 155 or sell the incapacitated person’s firearms and ammunition to a 156 person or entity legally able to possess firearms and 157 ammunition. Before petitioning the court, the law enforcement 158 agency or the alternative storage entity must notify the court 159 and the incapacitated person in writing by certified mail of its 160 intent. If the incapacitated person or his or her guardian or 161 agent files a written objection with the court, the court must 162 hold a hearing to determine whether there is good cause for the 163 continued storage of the incapacitated person’s firearms and 164 ammunition. 165 Section 3. Subsection (2) of section 790.064, Florida 166 Statutes, is amended to read: 167 790.064 Firearm possession and firearm ownership 168 disability.— 169 (2) The firearm possession and firearm ownership disability 170 runs concurrently with the firearm purchase disability provided 171 in s. 790.065(2). If the Department of Law Enforcement has 172 reason to believe that an individual upon whom any type of 173 firearm disability is imposed on or after July 1, 2019, 174 possesses any firearms or ammunition, the department shall 175 investigate and seize any such firearms and ammunition pursuant 176 to the procedures in s. 790.401. 177 Section 4. Section 790.065, Florida Statutes, is amended to 178 read: 179 790.065 Sale,anddelivery, and possession of firearms.— 180 (1)(a) A licensed importer, licensed manufacturer, or 181 licensed dealer may not sell or deliver from her or his 182 inventory at her or his licensed premises any firearm to another 183 person, other than a licensed importer, licensed manufacturer, 184 licensed dealer, or licensed collector, until she or he has: 185 1. Obtained a completed form from the potential buyer or 186 transferee, which form shall have been adoptedpromulgatedby 187 the Department of Law Enforcement and provided by the licensed 188 importer, licensed manufacturer, or licensed dealer, which shall 189 include the name, date of birth, gender, race, and social 190 security number or other identification number of such potential 191 buyer or transferee and has inspected proper identification 192 including an identification containing a photograph of the 193 potential buyer or transferee. 194 2. Collected a fee from the potential buyer for processing 195 the criminal history check of the potential buyer. The fee shall 196 be established by the Department of Law Enforcement and may not 197 exceed $8 per transaction. The Department of Law Enforcement may 198 reduce, or suspend collection of, the fee to reflect payment 199 received from the Federal Government applied to the cost of 200 maintaining the criminal history check system established by 201 this section as a means of facilitating or supplementing the 202 National Instant Criminal Background Check System. The 203 Department of Law Enforcement shall, by rule, establish 204 procedures for the fees to be transmitted by the licensee to the 205 Department of Law Enforcement. Such procedures must provide that 206 fees may be paid or transmitted by electronic means, including, 207 but not limited to, debit cards, credit cards, or electronic 208 funds transfers. All such fees shall be deposited into the 209 Department of Law Enforcement Operating Trust Fund, but shall be 210 segregated from all other funds deposited into such trust fund 211 and must be accounted for separately. Such segregated funds must 212 not be used for any purpose other than the operation of the 213 criminal history checks required by this section. The Department 214 of Law Enforcement, each year before February 1, shall make a 215 full accounting of all receipts and expenditures of such funds 216 to the President of the Senate, the Speaker of the House of 217 Representatives, the majority and minority leaders of each house 218 of the Legislature, and the chairs of the appropriations 219 committees of each house of the Legislature. In the event that 220 the cumulative amount of funds collected exceeds the cumulative 221 amount of expenditures by more than $2.5 million, excess funds 222 may be used for the purpose of purchasing soft body armor for 223 law enforcement officers. 224 3. Requested, by means of a toll-free telephone call or 225 other electronic means, the Department of Law Enforcement to 226 conduct a check of the information as reported and reflected in 227 the Florida Crime Information Center and National Crime 228 Information Center systems as of the date of the request. 229 4. Received a unique approval number for that inquiry from 230 the Department of Law Enforcement, and recorded the date and 231 such number on the consent form. 232 (b) However, if the person purchasing, or receiving 233 delivery of, the firearm is a holder of a valid concealed 234 weapons or firearms license pursuant to the provisions of s. 235 790.06 or holds an active certification from the Criminal 236 Justice Standards and Training Commission as a “law enforcement 237 officer,” a “correctional officer,” or a “correctional probation 238 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 239 (9), this subsection does not apply. 240 (c) This subsection does not apply to the purchase, trade, 241 or transfer of a rifle or shotgun by a resident of this state 242 when the resident makes such purchase, trade, or transfer from a 243 licensed importer, licensed manufacturer, or licensed dealer in 244 another state. 245 (2) Upon receipt of a request for a criminal history record 246 check, the Department of Law Enforcement shall, during the 247 licensee’s call or by return call, forthwith: 248 (a) Review any records available to determine if the 249 potential buyer or transferee: 250 1. Has been convicted of a felony and is prohibited from 251 receipt or possession of a firearm pursuant to s. 790.23; 252 2. Has been convicted of a misdemeanor crime of domestic 253 violence, and therefore is prohibited from purchasing a firearm; 254 3. Has had adjudication of guilt withheld or imposition of 255 sentence suspended on any felony or misdemeanor crime of 256 domestic violence unless 3 years have elapsed since probation or 257 any other conditions set by the court have been fulfilled or 258 expunction has occurred; or 259 4. Has been adjudicated mentally defective or has been 260 committed to a mental institution by a court or as provided in 261 sub-sub-subparagraph b.(II), and as a result is prohibited by 262 state or federal law from purchasing or possessing a firearm. 263 a. As used in this subparagraph, “adjudicated mentally 264 defective” means a determination by a court that a person, as a 265 result of marked subnormal intelligence, or mental illness, 266 incompetency, condition, or disease, is a danger to himself or 267 herself or to others or lacks the mental capacity to contract or 268 manage his or her own affairs. The phrase includes a judicial 269 finding of incapacity under s. 744.331(6)(a), an acquittal by 270 reason of insanity of a person charged with a criminal offense, 271 and a judicial finding that a criminal defendant is not 272 competent to stand trial. 273 b. As used in this subparagraph, “committed to a mental 274 institution” means: 275 (I) Involuntary commitment, commitment for mental 276 defectiveness or mental illness, and commitment for substance 277 abuse. The phrase includes involuntary inpatient placement as 278 defined in s. 394.467, involuntary outpatient placement as 279 defined in s. 394.4655,involuntary assessment and stabilization280under s. 397.6818,and involuntary substance abuse treatment 281 under s. 397.6957, but does not include a person in a mental 282 institution for observation or discharged from a mental 283 institution based upon the initial review by the physician or a 284 voluntary admission to a mental institution; or 285 (II) Notwithstanding sub-sub-subparagraph (I), voluntary 286 admission to a substance abuse treatment facility under s. 287 397.601 or a mental institution for outpatient or inpatient 288 treatment of a person who had an involuntary examination under 289 s. 394.463, where each of the following conditions hashavebeen 290 met: 291 (A) An examining physician or the treatment facility 292 administrator found that the person is an imminent danger to 293 himself or herself or others. 294 (B) The examining physician or the treatment facility 295 administrator certified that if the person did not agree to 296 voluntary treatment, a petition for involuntaryoutpatient or297inpatienttreatment would have been filed under s. 298 394.463(2)(g)4. or s. 397.693; or an involuntary, or the299examining physician certified that apetition was filed and the 300 person subsequently agreed to voluntary treatment prior to a 301 court hearing on the petition. 302 (C) Before agreeing to voluntary treatment, the person 303 received written notice of that finding and certification, and 304 written notice that as a result of such finding, he or she may 305 be prohibited from purchasing or possessing a firearm, and may 306 not be eligible to apply for or retain a concealed weapon or 307 firearms license under s. 790.06 and the person signed or 308 otherwise acknowledged such notice in writing, in substantially 309 the following form: 310 311 “I understand that the doctor who examined me believes I am a 312 danger to myself or to others. I understand that if I do not 313 agree to voluntary treatment, a petition will be filed in court 314 to require me to receive involuntary treatment. I understand 315 that if that petition is filed, I have the right to contest it. 316 In the event a petition has been filed, I understand that I can 317 subsequently agree to voluntary treatment prior to a court 318 hearing. I understand that by agreeing to voluntary treatment in 319 either of these situations, I may be prohibited from buying, 320 selling, or possessing firearms and from applying for or 321 retaining a concealed weapons or firearms license until I apply 322 for and receive relief from that restriction under Florida law.” 323 324 (D) A judge or a magistrate has, pursuant to sub-sub 325 subparagraph c.(II), reviewed the record of the finding, 326 certification, notice, and written acknowledgment classifying 327 the person as an imminent danger to himself or herself or 328 others, and ordered that such record be submitted to the 329 department. When reviewing the petition, the judge or magistrate 330 may also refer the case to the department, and if it has reason 331 to believe that an individual upon whom any type of firearm 332 disability is imposed on or after July 1, 2019, possesses any 333 firearms or ammunition, the department shall investigate and 334 seize any such firearms and ammunition pursuant to the 335 procedures in s. 790.401. 336 c. In order to check for these conditions, the department 337 shall compile and maintain an automated database of persons who 338 are prohibited from purchasing or possessing a firearm based on 339 court records of adjudications of mental defectiveness or 340 commitments to mental institutions. The Department of Children 341 and Families and the Department of Law Enforcement shall enforce 342 the reporting provisions of this section, and all licensed 343 mental health and substance abuse service providers shall fully 344 comply with this section by January 1, 2020. If, on or after 345 that date, either department finds that a provider is not in 346 compliance with the reporting provisions, it may impose a 347 $100,000 fine for the first offense and a $250,000 fine for the 348 second offense and may suspend the provider’s license for the 349 third offense. 350 (I) Except as provided in sub-sub-subparagraph (II), clerks 351 of court shall submit these records to the department within 1 352 month after the rendition of the adjudication or commitment. 353 Reports shall be submitted in an automated format. The reports 354 must, at a minimum, include the name, along with any known alias 355 or former name, the sex, and the date of birth of the subject. 356 (II) For persons committed to a mental institution pursuant 357 to sub-sub-subparagraph b.(II), within 24 hours after the 358 person’s agreement to voluntary admission, a record of the 359 finding, certification, notice, and written acknowledgment must 360 be filed by the administrator of the receiving or treatment 361 facility, as defined in s. 394.455, with the clerk of the court 362 for the county in which the involuntary examination under s. 363 394.463 occurred. No fee shall be charged for the filing under 364 this sub-sub-subparagraph. The clerk must present the records to 365 a judge or magistrate within 7224hours after receipt of the 366 records. A judge or magistrate is required and has the lawful 367 authority to review the records ex parte and, if the judge or 368 magistrate determines that the record supports the classifying 369 of the person as an imminent danger to himself or herself or 370 others, to order that the record be submitted to the department. 371 If a judge or magistrate orders the submittal of the record to 372 the department, the record must be submitted to the department 373 within 7224hours. 374 d. A person who has been adjudicated mentally defective or 375 committed to a mental institution, as those terms are defined in 376 this paragraph, may petition the court that made the 377 adjudication or commitment, or the court that ordered that the 378 record be submitted to the department pursuant to sub-sub 379 subparagraph c.(II), for relief from the firearm disabilities or 380 seizure imposed by such adjudication or commitment. A copy of 381 the petition shall be served on the state attorney for the 382 county in which the person was adjudicated or committed. The 383 state attorney may object to and present evidence relevant to 384 the relief sought by the petition. The hearing on the petition 385 may be open or closed as the petitioner may choose. The 386 petitioner may present evidence and subpoena witnesses to appear 387 at the hearing on the petition. The petitioner may confront and 388 cross-examine witnesses called by the state attorney. A record 389 of the hearing shall be made by a certified court reporter or by 390 court-approved electronic means. The court shall make written 391 findings of fact and conclusions of law on the issues before it 392 and issue a final order. The court shall grant the relief 393 requested in the petition if the court finds, based on the 394 evidence presented with respect to the petitioner’s reputation, 395 the petitioner’s mental health record and, if applicable, 396 criminal history record, the circumstances surrounding the 397 firearm disability or seizure, and any other evidence in the 398 record, that the petitioner will not be likely to act in a 399 manner that is dangerous to public safety and that granting the 400 relief would not be contrary to the public interest. If the 401 final order denies relief, the petitioner may not petition again 402 for relief from firearm disabilities or seizure until 1 year 403 after the date of the final order. The petitioner may seek 404 judicial review of a final order denying relief in the district 405 court of appeal having jurisdiction over the court that issued 406 the order. The review shall be conducted de novo. Relief from a 407 firearm disability or seizure granted under this sub 408 subparagraph has no effect on the loss of civil rights, 409 including firearm rights, for any reason other than the 410 particular adjudication of mental defectiveness or commitment to 411 a mental institution from which relief is granted. 412 e. Upon receipt of proper notice of relief from firearm 413 disabilities or seizure granted under sub-subparagraph d., the 414 department shall delete any mental health record of the person 415 granted relief from the automated database of persons who are 416 prohibited from purchasing or possessing a firearm based on 417 court records of adjudications of mental defectiveness or 418 commitments to mental institutions. 419 f. The department is authorized to disclose data collected 420 pursuant to this subparagraph to agencies of the Federal 421 Government and other states for use exclusively in determining 422 the lawfulness of a firearm sale or transfer. The department is 423 also authorized to disclose this data to the Department of 424 Agriculture and Consumer Services for purposes of determining 425 eligibility for issuance of a concealed weapons or concealed 426 firearms license and for determining whether a basis exists for 427 revoking or suspending a previously issued license pursuant to 428 s. 790.06(10). When a potential buyer or transferee appeals a 429 nonapproval based on these records, the clerks of court and 430 mental institutions shall, upon request by the department, 431 provide information to help determine whether the potential 432 buyer or transferee is the same person as the subject of the 433 record. Photographs and any other data that could confirm or 434 negate identity must be made available to the department for 435 such purposes, notwithstanding any other provision of state law 436 to the contrary. Any such information that is made confidential 437 or exempt from disclosure by law shall retain such confidential 438 or exempt status when transferred to the department. 439 (b) Inform the licensee making the inquiryeitherthat 440 either records demonstrate that the buyer or transferee is so 441 prohibited and provide the licensee a nonapproval number, or 442 provide the licensee with a unique approval number. 443 (c)1. Review any records available to it to determine 444 whether the potential buyer or transferee has been indicted or 445 has had an information filed against her or him for an offense 446 that is a felony under either state or federal law, or, as 447 mandated by federal law, has had an injunction for protection 448 against domestic violence entered against the potential buyer or 449 transferee under s. 741.30, has had an injunction for protection 450 against repeat violence entered against the potential buyer or 451 transferee under s. 784.046, or has been arrested for a 452 dangerous crime as specified in s. 907.041(4)(a) or for any of 453 the following enumerated offenses: 454 a. Criminal anarchy under ss. 876.01 and 876.02. 455 b. Extortion under s. 836.05. 456 c. Explosives violations under s. 552.22(1) and (2). 457 d. Controlled substances violations under chapter 893. 458 e. Resisting an officer with violence under s. 843.01. 459 f. Weapons and firearms violations under this chapter. 460 g. Treason under s. 876.32. 461 h. Assisting self-murder under s. 782.08. 462 i. Sabotage under s. 876.38. 463 j. Stalking or aggravated stalking under s. 784.048. 464 465 If the review indicates any such indictment, information, or 466 arrest, the department shall provide to the licensee a 467 conditional nonapproval number. 468 2. Within 24 working hours, the department shall determine 469 the disposition of the indictment, information, or arrest and 470 inform the licensee as to whether the potential buyer is 471 prohibited from receiving or possessing a firearm. For purposes 472 of this paragraph, “working hours” means the hours from 8 a.m. 473 to 5 p.m. Monday through Friday, excluding legal holidays. 474 3. The office of the clerk of court, at no charge to the 475 department, shall respond to any department request for data on 476 the disposition of the indictment, information, or arrest as 477 soon as possible, but in no event later than 8 working hours. 478 4. The department shall determine as quickly as possible 479 within the allotted time period whether the potential buyer is 480 prohibited from receiving or possessing a firearm. 481 5. If the potential buyer is not so prohibited, or if the 482 department cannot determine the disposition information within 483 the allotted time period, the department shall provide the 484 licensee with a conditional approval number. 485 6. If the buyer is so prohibited, the conditional 486 nonapproval number shall become a nonapproval number. 487 7. The department shall continue its attempts to obtain the 488 disposition information and may retain a record of all approval 489 numbers granted without sufficient disposition information. If 490 the department later obtains disposition information thatwhich491 indicates: 492 a. That the potential buyer is not prohibited from owning a 493 firearm, it shall treat the record of the transaction in 494 accordance with this section; or 495 b. That the potential buyer is prohibited from owning a 496 firearm, it shall immediately revoke the conditional approval 497 number and notify local law enforcement. 498 8. During the time that disposition of the indictment, 499 information, or arrest is pending and until the department is 500 notified by the potential buyer that there has been a final 501 disposition of the indictment, information, or arrest, the 502 conditional nonapproval number shall remain in effect. 503 (3) In the event of scheduled computer downtime, electronic 504 failure, or similar emergency beyond the control of the 505 Department of Law Enforcement, the department shall immediately 506 notify the licensee of the reason for, and estimated length of, 507 such delay. After such notification, the department shall 508 forthwith, and in no event later than the end of the next 509 business day of the licensee, either inform the requesting 510 licensee if its records demonstrate that the buyer or transferee 511 is prohibited from receipt or possession of a firearm pursuant 512 to Florida and Federal law or provide the licensee with a unique 513 approval number. Unless notified by the end of thesaidnext 514 business day that the buyer or transferee is so prohibited, and 515 without regard to whether she or he has received a unique 516 approval number, the licensee may complete the sale or transfer 517 and shall not be deemed in violation of this section with 518 respect to such sale or transfer. 519 (4)(a) Any records containing any of the information set 520 forth in subsection (1) pertaining to a buyer or transferee who 521 is not found to be prohibited from receipt or transfer of a 522 firearm by reason of Florida and federal law which records are 523 created by the Department of Law Enforcement to conduct the 524 criminal history record check shall be confidential and exempt 525 fromthe provisions ofs. 119.07(1) and may not be disclosed by 526 the Department of Law Enforcement or any officer or employee 527 thereof to any person or to another agency. The Department of 528 Law Enforcement shall destroy any such records forthwith after 529 it communicates the approval and nonapproval numbers to the 530 licensee and, in any event, such records shall be destroyed 531 within 48 hours after the day of the response to the licensee’s 532 request. 533 (b) Notwithstandingthe provisions ofthis subsection, the 534 Department of Law Enforcement may maintain records of NCIC 535 transactions to the extent required by the Federal Government, 536 and may maintain a log of dates of requests for criminal history 537 records checks, unique approval and nonapproval numbers, license 538 identification numbers, and transaction numbers corresponding to 539 such dates for a period of not longer than 2 years or as 540 otherwise required by law. 541 (c) Nothing in this chapter shall be construed to allow the 542 State of Florida to maintain records containing the names of 543 purchasers or transferees who receive unique approval numbers or 544 to maintain records of firearm transactions. 545 (d) Any officer or employee, or former officer or employee 546 of the Department of Law Enforcement or law enforcement agency 547 who intentionally and maliciously violatesthe provisions of548 this subsection commits a felony of the third degree punishable 549 as provided in s. 775.082 or s. 775.083. 550 (5) The Department of Law Enforcement shall establish a 551 toll-free telephone number which shall be operational 7 days a 552 week with the exception of Christmas Day and New Year’s Day, for 553 a period of 12 hours a day beginning at 9 a.m. and ending at 9 554 p.m., for purposes of responding to inquiries as described in 555 this section from licensed manufacturers, licensed importers, 556 and licensed dealers. The Department of Law Enforcement shall 557 employ and train such personnel as are necessary expeditiously 558 to administer the provisions of this section. 559 (6) Any person who is denied the right to receive or 560 purchase a firearm as a result of the procedures established by 561 this section may request a criminal history records review and 562 correction in accordance with the rules adoptedpromulgatedby 563 the Department of Law Enforcement. 564 (7) It isshall beunlawful for any licensed dealer, 565 licensed manufacturer, or licensed importer willfully and 566 intentionally to request criminal history record information 567 under false pretenses, or willfully and intentionally to 568 disseminate criminal history record information to any person 569 other than the subject of such information. Any person convicted 570 of a violation of this subsection commits a felony of the third 571 degree punishable as provided in s. 775.082 or s. 775.083. 572 (8) The Department of Law Enforcement shall adopt 573promulgateregulations to ensure the identity, confidentiality, 574 and security of all records and data provided pursuant to this 575 section. 576 (9) This section shall become effective at such time as the 577 Department of Law Enforcement has notified all licensed 578 importers, licensed manufacturers, and licensed dealers in 579 writing that the procedures and toll-free number described in 580 this section are operational. This section shall remain in 581 effect only during such times as the procedures described in 582 subsection (2) remain operational. 583 (10) A licensed importer, licensed manufacturer, or 584 licensed dealer is not required to comply with the requirements 585 of this section in the event of: 586 (a) Unavailability of telephone service at the licensed 587 premises due to the failure of the entity which provides 588 telephone service in the state, region, or other geographical 589 area in which the licensee is located to provide telephone 590 service to the premises of the licensee due to the location of 591 said premises; or the interruption of telephone service by 592 reason of hurricane, tornado, flood, natural disaster, or other 593 act of God, war, invasion, insurrection, riot, or other bona 594 fide emergency, or other reason beyond the control of the 595 licensee; or 596 (b) Failure of the Department of Law Enforcement to comply 597 with the requirements of subsections (2) and (3). 598 (11) Compliance withthe provisions ofthis chapter shall 599 be a complete defense to any claim or cause of action under the 600 laws of any state for liability for damages arising from the 601 importation or manufacture, or the subsequent sale or transfer 602 to any person who has been convicted in any court of a crime 603 punishable by imprisonment for a term exceeding 1 year, of any 604 firearm thatwhichhas been shipped or transported in interstate 605 or foreign commerce. The Department of Law Enforcement, its 606 agents and employees shall not be liable for any claim or cause 607 of action under the laws of any state for liability for damages 608 arising from its actions in lawful compliance with this section. 609 (12)(a) Any potential buyer or transferee who willfully and 610 knowingly provides false information or false or fraudulent 611 identification commits a felony of the third degree punishable 612 as provided in s. 775.082 or s. 775.083. 613 (b) Any licensed importer, licensed manufacturer, or 614 licensed dealer who violates the provisions of subsection (1) 615 commits a felony of the third degree punishable as provided in 616 s. 775.082 or s. 775.083. 617 (c) Any employee or agency of a licensed importer, licensed 618 manufacturer, or licensed dealer who violates the provisions of 619 subsection (1) commits a felony of the third degree punishable 620 as provided in s. 775.082 or s. 775.083. 621 (d) Any person who knowingly acquires a firearm through 622 purchase or transfer intended for the use of a person who is 623 prohibited by state or federal law from possessing or receiving 624 a firearm commits a felony of the third degree, punishable as 625 provided in s. 775.082 or s. 775.083. 626 (13) A person younger than 21 years of age may not purchase 627 a firearm. The sale or transfer of a firearm to a person younger 628 than 21 years of age may not be made or facilitated by a 629 licensed importer, licensed manufacturer, or licensed dealer. A 630 person who violates this subsection commits a felony of the 631 third degree, punishable as provided in s. 775.082, s. 775.083, 632 or s. 775.084. The prohibitions of this subsection do not apply 633 to the purchase of a rifle or shotgun by a law enforcement 634 officer or correctional officer, as those terms are defined in 635 s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 636 servicemember as defined in s. 250.01. 637 (14) This section does not apply to employees of sheriff’s 638 offices, municipal police departments, correctional facilities 639 or agencies, or other criminal justice or governmental agencies 640 when the purchases or transfers are made on behalf of an 641 employing agency for official law enforcement purposes. 642 Section 5. This act shall take effect July 1, 2019.