Bill Text: FL S1622 | 2020 | Regular Session | Introduced
Bill Title: Firearms
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S1622 Detail]
Download: Florida-2020-S1622-Introduced.html
Florida Senate - 2020 SB 1622 By Senator Book 32-00498A-20 20201622__ 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 who is the subject of the court order; 11 requiring that a law enforcement officer who has 12 received certain training be assigned to serve and 13 execute the court order, when practicable; authorizing 14 a law enforcement officer taking custody of the person 15 who is the subject of the court order to seize and 16 hold the person’s firearms and ammunition under 17 certain circumstances; authorizing a law enforcement 18 officer who takes custody of the person who is the 19 subject of the court order to seek the voluntary 20 surrender of firearms and ammunition under certain 21 circumstances; authorizing a law enforcement officer 22 to petition a court for a risk protection order under 23 certain circumstances; requiring that firearms or 24 ammunition seized or surrendered be made available for 25 return within a certain timeframe and under specified 26 circumstances; prohibiting the process for the return 27 of such firearms or ammunition to take longer than a 28 certain timeframe; requiring law enforcement agencies 29 to develop specified policies and procedures; amending 30 s. 744.3215, F.S.; authorizing a court to remove the 31 right to purchase, own, sell, or possess firearms or 32 ammunition or to possess a license to carry concealed 33 weapons or firearms of a person found to be 34 incapacitated; requiring a guardian or an agent to 35 file an inventory of the incapacitated person’s 36 firearms and ammunition with the court if this right 37 is removed; requiring the guardian or agent to place 38 the firearms and ammunition in the custody of a local 39 law enforcement agency or petition the court for an 40 alternative storage arrangement outside of the 41 incapacitated person’s control; requiring a law 42 enforcement agency to accept such firearms and 43 ammunition; authorizing the law enforcement agency to 44 charge a reasonable storage fee; providing for the 45 disposal, donation, transfer, or sale of such firearms 46 and ammunition through court petition and after a 47 specified notice under certain circumstances; 48 requiring a court hearing if there is an objection to 49 the disposal, donation, transfer, or sale; amending s. 50 790.064, F.S.; requiring the Department of Law 51 Enforcement, in certain cases, to investigate 52 individuals upon whom a firearm disability is imposed 53 on or after a certain date and, if the individuals are 54 in possession of firearms or ammunition, to seize the 55 firearms and ammunition by following specified 56 procedures; amending s. 790.065, F.S.; redefining the 57 term “committed to a mental institution”; authorizing 58 a judge or magistrate, when reviewing a petition for 59 involuntary treatment, to refer a case to the 60 department to investigate, in certain cases, 61 individuals upon whom a firearm disability is imposed 62 on or after a certain date and, if the individuals are 63 in possession of any firearms or ammunition, to seize 64 the firearms and ammunition by following specified 65 procedures; requiring the Department of Children and 66 Families, the Agency for Health Care Administration, 67 and the Department of Law Enforcement to enforce 68 certain reporting provisions; requiring all licensed 69 mental health and substance abuse service providers to 70 comply with certain provisions by a specified date; 71 providing penalties for violations; 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 others. 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 the person’s firearms and ammunition. 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 section 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 or 138 ammunition or to possess a license to carry concealed weapons or 139 firearms. If this right is removed, the incapacitated person’s 140 guardian, or the agent under a power of attorney if there is no 141 guardianship, must file an inventory of the incapacitated 142 person’s firearms and ammunition with the court and either place 143 the firearms and ammunition in the custody of a local law 144 enforcement agency in the county where the incapacitated person 145 resides or where the guardianship is being administered, or 146 petition the court for alternative storage of such firearms and 147 ammunition outside of the incapacitated person’s control. This 148 alternative storage entity must be able to legally possess 149 firearms and ammunition, and the guardian or the agent must 150 disclose to the court whether the entity will charge a 151 reasonable storage fee. 152 2. A law enforcement agency must accept such firearms and 153 ammunition and may charge a reasonable storage fee. If, after 5 154 years, the incapacitated person has not successfully had his or 155 her rights under subparagraph 1. restored, the law enforcement 156 agency or the alternative storage entity may, after notifying 157 the incapacitated person and his or her guardian or agent in 158 writing at least 5 days in advance, petition the court to 159 dispose of, donate, transfer, or sell the incapacitated person’s 160 firearms and ammunition to a person or entity legally able to 161 possess firearms and ammunition. However, if the incapacitated 162 person or his or her guardian or agent files a written objection 163 with the court, the court must hold a hearing to determine 164 whether there is good cause for the continued storage of the 165 incapacitated person’s firearms and ammunition. 166 Section 3. Subsections (1) and (2) of section 790.064, 167 Florida Statutes, are amended to read: 168 790.064 Firearm possession and firearm ownership 169 disability.— 170 (1) A person who has been adjudicated mentally defective or 171 who has been committed to a mental institution or a substance 172 abuse treatment provider, as those terms are defined in s. 173 790.065(2), may not own a firearm or possess a firearm until 174 relief from the firearm possession and firearm ownership 175 disability is obtained. 176 (2) The firearm possession and firearm ownership disability 177 runs concurrently with the firearm purchase disability provided 178 in s. 790.065(2). If the Department of Law Enforcement has 179 reason to believe that an individual upon whom any type of 180 firearm disability is imposed on or after July 1, 2020, 181 possesses any firearms or ammunition, the department shall 182 investigate and seize any such firearms and ammunition pursuant 183 to the procedures in s. 790.401. 184 Section 4. Section 790.065, Florida Statutes, is amended to 185 read: 186 790.065 Sale,anddelivery, and possession of firearms.— 187 (1)(a) A licensed importer, licensed manufacturer, or 188 licensed dealer may not sell or deliver from her or his 189 inventory at her or his licensed premises any firearm to another 190 person, other than a licensed importer, licensed manufacturer, 191 licensed dealer, or licensed collector, until she or he has: 192 1. Obtained a completed form from the potential buyer or 193 transferee, which form shall have been adoptedpromulgatedby 194 the Department of Law Enforcement and provided by the licensed 195 importer, licensed manufacturer, or licensed dealer, which shall 196 include the name, date of birth, gender, race, and social 197 security number or other identification number of such potential 198 buyer or transferee and has inspected proper identification 199 including an identification containing a photograph of the 200 potential buyer or transferee. 201 2. Collected a fee from the potential buyer for processing 202 the criminal history check of the potential buyer. The fee shall 203 be established by the Department of Law Enforcement and may not 204 exceed $8 per transaction. The Department of Law Enforcement may 205 reduce, or suspend collection of, the fee to reflect payment 206 received from the Federal Government applied to the cost of 207 maintaining the criminal history check system established by 208 this section as a means of facilitating or supplementing the 209 National Instant Criminal Background Check System. The 210 Department of Law Enforcement shall, by rule, establish 211 procedures for the fees to be transmitted by the licensee to the 212 Department of Law Enforcement. Such procedures must provide that 213 fees may be paid or transmitted by electronic means, including, 214 but not limited to, debit cards, credit cards, or electronic 215 funds transfers. All such fees shall be deposited into the 216 Department of Law Enforcement Operating Trust Fund, but shall be 217 segregated from all other funds deposited into such trust fund 218 and must be accounted for separately. Such segregated funds must 219 not be used for any purpose other than the operation of the 220 criminal history checks required by this section. The Department 221 of Law Enforcement, each year before February 1, shall make a 222 full accounting of all receipts and expenditures of such funds 223 to the President of the Senate, the Speaker of the House of 224 Representatives, the majority and minority leaders of each house 225 of the Legislature, and the chairs of the appropriations 226 committees of each house of the Legislature. In the event that 227 the cumulative amount of funds collected exceeds the cumulative 228 amount of expenditures by more than $2.5 million, excess funds 229 may be used for the purpose of purchasing soft body armor for 230 law enforcement officers. 231 3. Requested, by means of a toll-free telephone call or 232 other electronic means, the Department of Law Enforcement to 233 conduct a check of the information as reported and reflected in 234 the Florida Crime Information Center and National Crime 235 Information Center systems as of the date of the request. 236 4. Received a unique approval number for that inquiry from 237 the Department of Law Enforcement, and recorded the date and 238 such number on the consent form. 239 (b) However, if the person purchasing, or receiving 240 delivery of, the firearm is a holder of a valid concealed 241 weapons or firearms license pursuant tothe provisions ofs. 242 790.06 or holds an active certification from the Criminal 243 Justice Standards and Training Commission as a “law enforcement 244 officer,” a “correctional officer,” or a “correctional probation 245 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 246 (9), this subsection does not apply. 247 (c) This subsection does not apply to the purchase, trade, 248 or transfer of a rifle or shotgun by a resident of this state 249 when the resident makes such purchase, trade, or transfer from a 250 licensed importer, licensed manufacturer, or licensed dealer in 251 another state. 252 (2) Upon receipt of a request for a criminal history record 253 check, the Department of Law Enforcement shall, during the 254 licensee’s call or by return call, forthwith: 255 (a) Review any records available to determine if the 256 potential buyer or transferee: 257 1. Has been convicted of a felony and is prohibited from 258 receipt or possession of a firearm pursuant to s. 790.23; 259 2. Has been convicted of a misdemeanor crime of domestic 260 violence, and therefore is prohibited from purchasing a firearm; 261 3. Has had adjudication of guilt withheld or imposition of 262 sentence suspended on any felony or misdemeanor crime of 263 domestic violence unless 3 years have elapsed since probation or 264 any other conditions set by the court have been fulfilled or 265 expunction has occurred; or 266 4. Has been adjudicated mentally defective or has been 267 committed to a mental institution or a substance abuse treatment 268 provider by a court or as provided in sub-sub-subparagraph 269 b.(II), and as a result is prohibited by state or federal law 270 from purchasing or possessing a firearm. 271 a. As used in this subparagraph, “adjudicated mentally 272 defective” means a determination by a court that a person, as a 273 result of marked subnormal intelligence, or mental illness, 274 incompetency, condition, or disease, is a danger to himself or 275 herself or to others or lacks the mental capacity to contract or 276 manage his or her own affairs. The phrase includes a judicial 277 finding of incapacity under s. 744.331(6)(a), an acquittal by 278 reason of insanity of a person charged with a criminal offense, 279 and a judicial finding that a criminal defendant is not 280 competent to stand trial. 281 b. As used in this subparagraph, “committed to a mental 282 institution or a substance abuse treatment provider” means: 283 (I) Involuntary commitment, commitment for mental 284 defectiveness or mental illness, and commitment for substance 285 abuse. The phrase includes involuntary inpatient placement as 286 defined in s. 394.467, involuntary outpatient placement as 287 defined in s. 394.4655,involuntary assessment and stabilization288under s. 397.6818,and involuntary substance abuse treatment 289 under s. 397.6957, but does not include a person in a mental 290 institution or a substance abuse treatment provider for 291 observation or discharged from a mental institution or a 292 substance abuse treatment provider based upon the initial review 293 by the physician or a voluntary admission to a mental 294 institution or a substance abuse treatment provider; or 295 (II) Notwithstanding sub-sub-subparagraph (I), voluntary 296 admission to a substance abuse treatment facility under s. 297 397.601 or a mental institution for outpatient or inpatient 298 treatment of a person who had an involuntary examination under 299 s. 394.463 or s. 397.6957, where each of the following 300 conditions hashavebeen met: 301 (A) An examining physician or the treatment facility 302 administrator found that the person is an imminent danger to 303 himself or herself or others. 304 (B) The examining physician or the treatment facility 305 administrator certified that if the person did not agree to 306 voluntary treatment, a petition for involuntaryoutpatient or307inpatienttreatment would have been filed under s. 308 394.463(2)(g)4. or s. 397.693; or an involuntary, or the309examining physician certified that apetition was filed and the 310 person subsequently agreed to voluntary treatment prior to a 311 court hearing on the petition. 312 (C) Before agreeing to voluntary treatment, the person 313 received written notice of that finding and certification, and 314 written notice that as a result of such finding, he or she may 315 be prohibited from purchasing or possessing a firearm, and may 316 not be eligible to apply for or retain a concealed weapons 317weaponor firearms license under s. 790.06 and the person signed 318 or otherwise acknowledged such notice in writing, in 319 substantially the following form: 320 321 “I understand that the doctor who examined me believes I am a 322 danger to myself or to others. I understand that if I do not 323 agree to voluntary treatment, a petition will be filed in court 324 to require me to receive involuntary treatment. I understand 325 that if that petition is filed, I have the right to contest it. 326 In the event a petition has been filed, I understand that I can 327 subsequently agree to voluntary treatment prior to a court 328 hearing. I understand that by agreeing to voluntary treatment in 329 either of these situations, I may be prohibited from buying, 330 selling, or possessing firearms and from applying for or 331 retaining a concealed weapons or firearms license until I apply 332 for and receive relief from that restriction under Florida law.” 333 334 (D) A judge or a magistrate has, pursuant to sub-sub 335 subparagraph c.(II), reviewed the record of the finding, 336 certification, notice, and written acknowledgment classifying 337 the person as an imminent danger to himself or herself or 338 others, and ordered that such record be submitted to the 339 department. When reviewing the petition, the judge or magistrate 340 may also refer the case to the department, and if it has reason 341 to believe that an individual upon whom any type of firearm 342 disability is imposed on or after July 1, 2020, possesses any 343 firearms or ammunition, the department shall investigate and 344 seize any such firearms and ammunition pursuant to the 345 procedures in s. 790.401. 346 c. In order to check for these conditions, the department 347 shall compile and maintain an automated database of persons who 348 are prohibited from purchasing or possessing a firearm based on 349 court records of adjudications of mental defectiveness or 350 commitments to mental institutions or substance abuse treatment 351 providers. The Department of Children and Families, the Agency 352 for Health Care Administration, and the Department of Law 353 Enforcement shall enforce the reporting provisions of this 354 section, and all licensed mental health and substance abuse 355 service providers shall fully comply with this section by 356 January 1, 2021. If, on or after that date, either department or 357 the agency finds that a provider is not in compliance with the 358 reporting provisions, it may impose a $100,000 fine for the 359 first offense and a $250,000 fine for the second offense and may 360 suspend the provider’s license for the third offense. 361 (I) Except as provided in sub-sub-subparagraph (II), clerks 362 of court shall submit these records to the department within 1 363 month after the rendition of the adjudication or commitment. 364 Reports shall be submitted in an automated format. The reports 365 must, at a minimum, include the name, along with any known alias 366 or former name, the sex, and the date of birth of the subject. 367 (II) For persons committed to a mental institution or a 368 substance abuse treatment provider pursuant to sub-sub 369 subparagraph b.(II), within 24 hours after the person’s 370 agreement to voluntary admission, a record of the finding, 371 certification, notice, and written acknowledgment must be filed 372 by the administrator of the receiving facility or treatment 373 facility, as defined in s. 394.455 or s. 397.311, with the clerk 374 of the court for the county in which the involuntary examination 375 under s. 394.463 or s. 397.6957 occurred. No fee shall be 376 charged for the filing under this sub-sub-subparagraph. The 377 clerk must present the records to a judge or magistrate within 378 24 hours after receipt of the records. A judge or magistrate is 379 required and has the lawful authority to review the records ex 380 parte and, if the judge or magistrate determines that the record 381 supports the classifying of the person as an imminent danger to 382 himself or herself or others, to order that the record be 383 submitted to the department. If a judge or magistrate orders the 384 submittal of the record to the department, the record must be 385 submitted to the department within 24 hours. 386 d. A person who has been adjudicated mentally defective or 387 committed to a mental institution or a substance abuse treatment 388 provider, as those terms are defined in this paragraph, may 389 petition the court that made the adjudication or commitment, or 390 the court that ordered that the record be submitted to the 391 department pursuant to sub-sub-subparagraph c.(II), for relief 392 from the firearm disabilities or seizure imposed by such 393 adjudication or commitment. A copy of the petition shall be 394 served on the state attorney for the county in which the person 395 was adjudicated or committed. The state attorney may object to 396 and present evidence relevant to the relief sought by the 397 petition. The hearing on the petition may be open or closed as 398 the petitioner may choose. The petitioner may present evidence 399 and subpoena witnesses to appear at the hearing on the petition. 400 The petitioner may confront and cross-examine witnesses called 401 by the state attorney. A record of the hearing shall be made by 402 a certified court reporter or by court-approved electronic 403 means. The court shall make written findings of fact and 404 conclusions of law on the issues before it and issue a final 405 order. The court shall grant the relief requested in the 406 petition if the court finds, based on the evidence presented 407 with respect to the petitioner’s reputation, the petitioner’s 408 mental health record and, if applicable, criminal history 409 record, the circumstances surrounding the firearm disability or 410 seizure, and any other evidence in the record, that the 411 petitioner will not be likely to act in a manner that is 412 dangerous to public safety and that granting the relief would 413 not be contrary to the public interest. If the final order 414 denies relief, the petitioner may not petition again for relief 415 from firearm disabilities or seizure until 1 year after the date 416 of the final order. The petitioner may seek judicial review of a 417 final order denying relief in the district court of appeal 418 having jurisdiction over the court that issued the order. The 419 review shall be conducted de novo. Relief from a firearm 420 disability or seizure granted under this sub-subparagraph has no 421 effect on the loss of civil rights, including firearm rights, 422 for any reason other than the particular adjudication of mental 423 defectiveness or commitment to a mental institution from which 424 relief is granted. 425 e. Upon receipt of proper notice of relief from firearm 426 disabilities or seizure granted under sub-subparagraph d., the 427 department shall delete any mental health record of the person 428 granted relief from the automated database of persons who are 429 prohibited from purchasing or possessing a firearm based on 430 court records of adjudications of mental defectiveness or 431 commitments to mental institutions. 432 f. The department is authorized to disclose data collected 433 pursuant to this subparagraph to agencies of the Federal 434 Government and other states for use exclusively in determining 435 the lawfulness of a firearm sale or transfer. The department is 436 also authorized to disclose this data to the Department of 437 Agriculture and Consumer Services for purposes of determining 438 eligibility for issuance of a concealed weapons or concealed 439 firearms license and for determining whether a basis exists for 440 revoking or suspending a previously issued license pursuant to 441 s. 790.06(10). When a potential buyer or transferee appeals a 442 nonapproval based on these records, the clerks of court and 443 mental institutions shall, upon request by the department, 444 provide information to help determine whether the potential 445 buyer or transferee is the same person as the subject of the 446 record. Photographs and any other data that could confirm or 447 negate identity must be made available to the department for 448 such purposes, notwithstanding any otherprovision ofstate law 449 to the contrary. Any such information that is made confidential 450 or exempt from disclosure by law shall retain such confidential 451 or exempt status when transferred to the department. 452 (b) Inform the licensee making the inquiryeitherthat 453 either records demonstrate that the buyer or transferee is so 454 prohibited and provide the licensee a nonapproval number, or 455 provide the licensee with a unique approval number. 456 (c)1. Review any records available to it to determine 457 whether the potential buyer or transferee has been indicted or 458 has had an information filed against her or him for an offense 459 that is a felony under either state or federal law, or, as 460 mandated by federal law, has had an injunction for protection 461 against domestic violence entered against the potential buyer or 462 transferee under s. 741.30, has had an injunction for protection 463 against repeat violence entered against the potential buyer or 464 transferee under s. 784.046, or has been arrested for a 465 dangerous crime as specified in s. 907.041(4)(a) or for any of 466 the following enumerated offenses: 467 a. Criminal anarchy under ss. 876.01 and 876.02. 468 b. Extortion under s. 836.05. 469 c. Explosives violations under s. 552.22(1) and (2). 470 d. Controlled substances violations under chapter 893. 471 e. Resisting an officer with violence under s. 843.01. 472 f. Weapons and firearms violations under this chapter. 473 g. Treason under s. 876.32. 474 h. Assisting self-murder under s. 782.08. 475 i. Sabotage under s. 876.38. 476 j. Stalking or aggravated stalking under s. 784.048. 477 478 If the review indicates any such indictment, information, or 479 arrest, the department shall provide to the licensee a 480 conditional nonapproval number. 481 2. Within 24 working hours, the department shall determine 482 the disposition of the indictment, information, or arrest and 483 inform the licensee as to whether the potential buyer is 484 prohibited from receiving or possessing a firearm. For purposes 485 of this paragraph, “working hours” means the hours from 8 a.m. 486 to 5 p.m. Monday through Friday, excluding legal holidays. 487 3. The office of the clerk of court, at no charge to the 488 department, shall respond to any department request for data on 489 the disposition of the indictment, information, or arrest as 490 soon as possible, but in no event later than 8 working hours. 491 4. The department shall determine as quickly as possible 492 within the allotted time period whether the potential buyer is 493 prohibited from receiving or possessing a firearm. 494 5. If the potential buyer is not so prohibited, or if the 495 department cannot determine the disposition information within 496 the allotted time period, the department shall provide the 497 licensee with a conditional approval number. 498 6. If the buyer is so prohibited, the conditional 499 nonapproval number shall become a nonapproval number. 500 7. The department shall continue its attempts to obtain the 501 disposition information and may retain a record of all approval 502 numbers granted without sufficient disposition information. If 503 the department later obtains disposition information thatwhich504 indicates: 505 a. That the potential buyer is not prohibited from owning a 506 firearm, it shall treat the record of the transaction in 507 accordance with this section; or 508 b. That the potential buyer is prohibited from owning a 509 firearm, it shall immediately revoke the conditional approval 510 number and notify local law enforcement. 511 8. During the time that disposition of the indictment, 512 information, or arrest is pending and until the department is 513 notified by the potential buyer that there has been a final 514 disposition of the indictment, information, or arrest, the 515 conditional nonapproval number shall remain in effect. 516 (3) In the event of scheduled computer downtime, electronic 517 failure, or similar emergency beyond the control of the 518 Department of Law Enforcement, the department shall immediately 519 notify the licensee of the reason for, and estimated length of, 520 such delay. After such notification, the department shall 521 forthwith, and in no event later than the end of the next 522 business day of the licensee, either inform the requesting 523 licensee if its records demonstrate that the buyer or transferee 524 is prohibited from receipt or possession of a firearm pursuant 525 to Florida and federal law or provide the licensee with a unique 526 approval number. Unless notified by the end of thesaidnext 527 business day that the buyer or transferee is so prohibited, and 528 without regard to whether she or he has received a unique 529 approval number, the licensee may complete the sale or transfer 530 and shall not be deemed in violation of this section with 531 respect to such sale or transfer. 532 (4)(a) Any records containing any of the information set 533 forth in subsection (1) pertaining to a buyer or transferee who 534 is not found to be prohibited from receipt or transfer of a 535 firearm by reason of Florida and federal law which records are 536 created by the Department of Law Enforcement to conduct the 537 criminal history record check shall be confidential and exempt 538 fromthe provisions ofs. 119.07(1) and may not be disclosed by 539 the Department of Law Enforcement or any officer or employee 540 thereof to any person or to another agency. The Department of 541 Law Enforcement shall destroy any such records forthwith after 542 it communicates the approval and nonapproval numbers to the 543 licensee and, in any event, such records shall be destroyed 544 within 48 hours after the day of the response to the licensee’s 545 request. 546 (b) Notwithstandingthe provisions ofthis subsection, the 547 Department of Law Enforcement may maintain records of NCIC 548 transactions to the extent required by the Federal Government, 549 and may maintain a log of dates of requests for criminal history 550 records checks, unique approval and nonapproval numbers, license 551 identification numbers, and transaction numbers corresponding to 552 such dates for a period of not longer than 2 years or as 553 otherwise required by law. 554 (c)Nothing inThis chapter may notshallbe construed to 555 allow the State of Florida to maintain records containing the 556 names of purchasers or transferees who receive unique approval 557 numbers or to maintain records of firearm transactions. 558 (d) Any officer or employee, or former officer or employee, 559 of the Department of Law Enforcement or law enforcement agency 560 who intentionally and maliciously violatesthe provisions of561 this subsection commits a felony of the third degree, punishable 562 as provided in s. 775.082 or s. 775.083. 563 (5) The Department of Law Enforcement shall establish a 564 toll-free telephone number thatwhichshall be operational 7 565 days a week with the exception of Christmas Day and New Year’s 566 Day, for a period of 12 hours a day beginning at 9 a.m. and 567 ending at 9 p.m., for purposes of responding to inquiries as 568 described in this section from licensed manufacturers, licensed 569 importers, and licensed dealers. The Department of Law 570 Enforcement shall employ and train such personnel as are 571 necessary expeditiously to administerthe provisions ofthis 572 section. 573 (6) Any person who is denied the right to receive or 574 purchase a firearm as a result of the procedures established by 575 this section may request a criminal history records review and 576 correction in accordance with the rules adoptedpromulgatedby 577 the Department of Law Enforcement. 578 (7) It isshall beunlawful for any licensed dealer, 579 licensed manufacturer, or licensed importer willfully and 580 intentionally to request criminal history record information 581 under false pretenses, or willfully and intentionally to 582 disseminate criminal history record information to any person 583 other than the subject of such information. Any person convicted 584 of a violation of this subsection commits a felony of the third 585 degree, punishable as provided in s. 775.082 or s. 775.083. 586 (8) The Department of Law Enforcement shall adopt 587promulgateregulations to ensure the identity, confidentiality, 588 and security of all records and data provided pursuant to this 589 section. 590 (9) This section shall become effective at such time as the 591 Department of Law Enforcement has notified all licensed 592 importers, licensed manufacturers, and licensed dealers in 593 writing that the procedures and toll-free number described in 594 this section are operational. This section shall remain in 595 effect only during such times as the procedures described in 596 subsection (2) remain operational. 597 (10) A licensed importer, licensed manufacturer, or 598 licensed dealer is not required to comply with the requirements 599 of this section in the event of: 600 (a) Unavailability of telephone service at the licensed 601 premises due to the failure of the entity thatwhichprovides 602 telephone service in the state, region, or other geographical 603 area in which the licensee is located to provide telephone 604 service to the premises of the licensee due to the location of 605 said premises; or the interruption of telephone service by 606 reason of hurricane, tornado, flood, natural disaster, or other 607 act of God, war, invasion, insurrection, riot, or other bona 608 fide emergency, or other reason beyond the control of the 609 licensee; or 610 (b) Failure of the Department of Law Enforcement to comply 611 with the requirements of subsections (2) and (3). 612 (11) Compliance withthe provisions ofthis chapter shall 613 be a complete defense to any claim or cause of action under the 614 laws of any state for liability for damages arising from the 615 importation or manufacture, or the subsequent sale or transfer 616 to any person who has been convicted in any court of a crime 617 punishable by imprisonment for a term exceeding 1 year, of any 618 firearm thatwhichhas been shipped or transported in interstate 619 or foreign commerce. The Department of Law Enforcement, its 620 agents, and employees shall not be liable for any claim or cause 621 of action under the laws of any state for liability for damages 622 arising from its actions in lawful compliance with this section. 623 (12)(a) Any potential buyer or transferee who willfully and 624 knowingly provides false information or false or fraudulent 625 identification commits a felony of the third degree, punishable 626 as provided in s. 775.082 or s. 775.083. 627 (b) Any licensed importer, licensed manufacturer, or 628 licensed dealer who violatesthe provisions ofsubsection (1) 629 commits a felony of the third degree, punishable as provided in 630 s. 775.082 or s. 775.083. 631 (c) Any employee or agency of a licensed importer, licensed 632 manufacturer, or licensed dealer who violatesthe provisions of633 subsection (1) commits a felony of the third degree, punishable 634 as provided in s. 775.082 or s. 775.083. 635 (d) Any person who knowingly acquires a firearm through 636 purchase or transfer intended for the use of a person who is 637 prohibited by state or federal law from possessing or receiving 638 a firearm commits a felony of the third degree, punishable as 639 provided in s. 775.082 or s. 775.083. 640 (13) A person younger than 21 years of age may not purchase 641 a firearm. The sale or transfer of a firearm to a person younger 642 than 21 years of age may not be made or facilitated by a 643 licensed importer, licensed manufacturer, or licensed dealer. A 644 person who violates this subsection commits a felony of the 645 third degree, punishable as provided in s. 775.082, s. 775.083, 646 or s. 775.084. The prohibitions of this subsection do not apply 647 to the purchase of a rifle or shotgun by a law enforcement 648 officer or correctional officer, as those terms are defined in 649 s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 650 servicemember as defined in s. 250.01. 651 (14) This section does not apply to employees of sheriff’s 652 offices, municipal police departments, correctional facilities 653 or agencies, or other criminal justice or governmental agencies 654 when the purchases or transfers are made on behalf of an 655 employing agency for official law enforcement purposes. 656 Section 5. This act shall take effect July 1, 2020.