Bill Text: FL S7028 | 2020 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Safety

Spectrum: Partisan Bill (? 1-0)

Status: (Failed) 2020-03-14 - Died in Judiciary [S7028 Detail]

Download: Florida-2020-S7028-Prefiled.html
       Florida Senate - 2020                   (PROPOSED BILL) SPB 7028
       
       
        
       FOR CONSIDERATION By the Committee on Infrastructure and
       Security
       
       
       
       
       596-02084D-20                                         20207028pb
    1                        A bill to be entitled                      
    2         An act relating to public safety; amending s. 401.30,
    3         F.S.; requiring emergency medical technicians and
    4         paramedics to disclose certain confidential
    5         communications to law enforcement agencies to
    6         communicate a threat under certain circumstances;
    7         requiring law enforcement agencies receiving such
    8         notifications to take appropriate actions to reduce
    9         the risk of harm to the potential victims; providing
   10         emergency medical technicians and paramedics with
   11         immunity from specified legal action or liability for
   12         such disclosure; amending s. 456.059, F.S.; defining
   13         the term “specified licensee”; requiring specified
   14         licensees, rather than psychiatrists, to disclose
   15         certain confidential communications to law enforcement
   16         agencies to communicate a threat under certain
   17         circumstances; providing specified licensees with
   18         immunity from specified legal action or liability for
   19         such disclosure; amending s. 790.065, F.S.;
   20         authorizing a person who is not a licensed importer, a
   21         licensed manufacturer, or a licensed dealer and who
   22         chooses to not use a licensed importer, a licensed
   23         manufacturer, or a licensed dealer to facilitate a
   24         private sale of his or her firearm to sell the firearm
   25         if he or she complies with specified requirements;
   26         providing criminal penalties; creating s. 790.0653,
   27         F.S.; defining the term “property to which the public
   28         has the right of access”; prohibiting a person from
   29         selling, offering for sale, delivering, or
   30         transferring a firearm to another person for
   31         consideration if any part of the transaction is
   32         conducted on property to which the public has the
   33         right of access, unless that person first meets
   34         certain requirements; providing that a seller or
   35         transferor who is not a licensed importer, a licensed
   36         manufacturer, or a licensed dealer may comply by
   37         requesting that a licensed importer, a licensed
   38         manufacturer, or a licensed dealer meet certain
   39         requirements on behalf of the seller or transferor;
   40         authorizing a licensed importer, a licensed
   41         manufacturer, or a licensed dealer to charge an
   42         administrative fee; requiring unlicensed sellers or
   43         transferors to prominently display specified
   44         information next to firearms being sold on property to
   45         which the public has the right of access; requiring
   46         firearm transaction records to be maintained in
   47         accordance with federal law; providing criminal
   48         penalties; providing applicability; amending s.
   49         790.0655, F.S.; conforming a provision to changes made
   50         by the act; amending 790.174, F.S.; revising a
   51         provision related to requiring a person who stores or
   52         leaves a loaded firearm on a premises under his or her
   53         control to keep the firearm securely stored; revising
   54         applicability; redefining the term “minor”; amending
   55         s. 943.0311, F.S.; requiring the Chief of Domestic
   56         Security to oversee the development of a statewide
   57         strategy for targeted violence prevention; requiring
   58         the chief to coordinate with state and local law
   59         enforcement agencies in the development of the
   60         statewide strategy and in its implementation;
   61         requiring periodic evaluation of the statewide
   62         strategy; providing construction; providing an
   63         appropriation; providing effective dates.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Present subsection (5) of section 401.30,
   68  Florida Statutes, is redesignated as subsection (6), and a new
   69  subsection (5) is added to that section, to read:
   70         401.30 Records.—
   71         (5)(a) Notwithstanding subsection (4), an emergency medical
   72  technician or a paramedic must disclose confidential
   73  communications to a law enforcement agency to the extent
   74  necessary to communicate a threat if:
   75         1.A person has received basic life support or advanced
   76  life support from an emergency medical technician or a paramedic
   77  within the scope of the emergency medical technician’s or the
   78  paramedic’s employment pursuant to this part;
   79         2.Such person has communicated to the emergency medical
   80  technician or paramedic a specific threat to cause serious
   81  bodily injury or death to an identified or a readily available
   82  person; and
   83         3. The emergency medical technician or paramedic in good
   84  faith believes that the person has the apparent intent and
   85  ability to imminently or immediately carry out such threat.
   86         (b)A law enforcement agency that receives notification of
   87  such threat under this subsection must take appropriate action
   88  to prevent the risk of harm, including, but not limited to,
   89  notifying the potential victim of the threat or initiating a
   90  risk protection order.
   91         (c)An emergency medical technician’s or a paramedic’s
   92  disclosure of confidential communications pursuant to this
   93  subsection may not be the basis of any legal action or criminal
   94  or civil liability against the emergency medical technician or
   95  paramedic.
   96         Section 2. Section 456.059, Florida Statutes, is amended to
   97  read:
   98         456.059 Communications confidential; exceptions.—
   99         (1)As used in this section, the term ″specified licensee″
  100  means any health care practitioner certified or licensed under
  101  chapter 458, chapter 459, chapter 462, part I of chapter 464,
  102  chapter 490, or chapter 491.
  103         (2) Communications between a patient and a psychiatrist, as
  104  defined in s. 394.455, shall be held confidential and may not be
  105  disclosed except upon the request of the patient or the
  106  patient’s legal representative. Provision of psychiatric records
  107  and reports is governed by s. 456.057.
  108         (3) Notwithstanding subsection (2) or any other law
  109  relating to the confidentiality of communications between a
  110  specified licensee and a patient, if provision of this section
  111  or s. 90.503, when:
  112         (a)(1) A patient has received health care services provided
  113  by a specified licensee is engaged in a treatment relationship
  114  with a psychiatrist;
  115         (b)(2) Such patient has communicated to the specified
  116  licensee psychiatrist a specific threat to cause serious bodily
  117  injury or death to an identified or a readily available person;
  118  and
  119         (c)(3) The specified licensee in good faith believes
  120  treating psychiatrist makes a clinical judgment that the patient
  121  has the apparent intent and ability to imminently or immediately
  122  carry out such threat,
  123  
  124  the specified licensee psychiatrist may disclose patient
  125  communications to the extent necessary to warn any potential
  126  victim and must disclose patient communications to the extent
  127  necessary to communicate the threat to a law enforcement agency.
  128  A law enforcement agency that receives notification of a
  129  specific threat under this section must take appropriate action
  130  to prevent the risk of harm, including, but not limited to,
  131  notifying the intended victim of such threat or initiating a
  132  risk protection order. A specified licensee’s psychiatrist’s
  133  disclosure of confidential communications when communicating a
  134  threat pursuant to this section may not be the basis of any
  135  legal action or criminal or civil liability against the
  136  specified licensee psychiatrist.
  137         Section 3. Present subsection (14) of section 790.065,
  138  Florida Statutes, is redesignated as subsection (15), and a new
  139  subsection (14) is added to that section, to read:
  140         790.065 Sale and delivery of firearms.—
  141         (14)(a) A person who is not a licensed importer, a licensed
  142  manufacturer, or a licensed dealer and who chooses not to use a
  143  licensed importer, a licensed manufacturer, or a licensed dealer
  144  to facilitate a private sale may sell his or her firearm to
  145  another person if all of the following requirements are met:
  146         1. The seller confirms by examining the purchaser’s valid
  147  government-issued photo identification that the purchaser is 21
  148  years of age or older and is therefore of a lawful age to
  149  purchase a firearm.
  150         2. The seller makes and preserves a dated record of the
  151  sale for each firearm which includes:
  152         a. The make, model, and serial number of the firearm sold
  153  to the purchaser. This information about the firearm must match
  154  the information provided on the affidavit required under this
  155  paragraph for the private sale of a firearm;
  156         b. The date of the sale;
  157         c. The purchaser’s name and date of birth and the
  158  identification number on the purchaser’s valid government-issued
  159  photo identification. This information about the purchaser must
  160  match the information provided on the affidavit for private sale
  161  of a firearm; and
  162         d. A copy of an affidavit for the private sale of a firearm
  163  signed by the purchaser and a notary public. At a minimum, the
  164  affidavit must be in substantially the following general form,
  165  but such form is not exclusive:
  166  
  167  STATE OF FLORIDA
  168  COUNTY OF ....
  169  
  170  Before the undersigned authority personally appeared ...(Firearm
  171  purchaser’s full legal name)..., who on oath does solemnly swear
  172  (or affirm) that she or he has knowledge of the matters stated
  173  herein; that a purchase of a firearm is being made for a
  174  ...(Manufacturer of firearm)... ...(Model of firearm)...
  175  ...(Type of firearm)... with a serial number of ...(Firearm
  176  serial number)..., and who has provided a yes or no response to
  177  each of the following questions:
  178  
  179  1. Are you the actual purchaser of the firearm listed on this
  180  affidavit? Yes .... No ....
  181  2. Are you under indictment or information in any court for a
  182  felony, or any other crime for which the judge could imprison
  183  you for more than 1 year? Yes .... No ....
  184  3. Have you ever been convicted in any court of a felony, or any
  185  other crime for which the judge could have imprisoned you for
  186  more than 1 year, even if you received a shorter sentence,
  187  including probation, and not had your rights restored pursuant
  188  to law? Yes .... No ....
  189  4. Are you a fugitive from justice? Yes .... No ....
  190  5. Are you an unlawful user of, or addicted to, marijuana or any
  191  depressant, stimulant, narcotic drug, or any other controlled
  192  substance? Yes .... No ....
  193  6. Have you ever been adjudicated as mentally defective or have
  194  you ever been committed to a mental institution and not had a
  195  petition for relief from the firearm disabilities imposed by
  196  such adjudication or commitment approved? Yes .... No ....
  197  7. Have you been discharged from the United States Armed Forces
  198  under dishonorable conditions? Yes .... No ....
  199  8. Are you subject to a court order restraining you from
  200  harassing, stalking, or threatening your child or an intimate
  201  partner or child of such partner? Yes .... No ....
  202  9. Have you ever been convicted in any court of a misdemeanor
  203  crime of domestic violence? Yes .... No ....
  204  10. Are you under indictment or information in any court for a
  205  crime of domestic violence? Yes .... No ....
  206  11. Have you ever renounced your United States citizenship? Yes
  207  .... No ....
  208  12. Are you an alien illegally or unlawfully in the United
  209  States? Yes .... No ....
  210  13. Are you an alien who has been admitted to the United States
  211  under a nonimmigrant visa? Yes .... No ....
  212  
  213  ...(Firearm purchaser’s full legal name)... has a valid
  214  government-issued photo identification in the form of a ...(Type
  215  of valid government photo identification)... with an
  216  identification number of ...(Identification number of valid
  217  government photo identification)..., which indicates the
  218  purchaser’s date of birth as ...(Date of birth on valid
  219  government photo identification)..., has indicated the physical
  220  address of the purchaser’s current residence as ...(Physical
  221  address of current residence)..., and will provide a copy of
  222  this affidavit to ...(Firearm seller’s full legal name)....
  223  
  224  I, ...(Firearm purchaser’s full legal name)..., understand that
  225  I am swearing or affirming under oath to the truthfulness of the
  226  above information and statements made in this affidavit, and
  227  that the punishment for knowingly making a false statement may
  228  include fines or imprisonment, or both.
  229  
  230  Dated ...(Day, month, year)...
  231  Signed ...(Signature of firearm purchaser)...
  232  ________________________________________________________________
  233  
  234  Sworn to (or affirmed) and subscribed before me this .... day of
  235  ...(Month)..., ...(Year)..., by ...(Firearm purchaser’s full
  236  legal name)....
  237  
  238  ...(Signature of Notary Public - State of Florida)...
  239  ...(Print, type, or stamp Commissioned Name of Notary Public)...
  240  
  241  Personally Known .... or Produced Identification ....
  242  
  243  Type of Identification Produced ....
  244  
  245         3.The seller has confirmed the purchaser’s answer to each
  246  question on the affidavit for private sale of a firearm is “No.
  247         4. The seller has no knowledge or reason to believe that
  248  the purchaser is of unsound mind.
  249         (b) A seller who violates this subsection commits a
  250  misdemeanor of the second degree, punishable as provided in s.
  251  775.082 or 775.083.
  252         Section 4. Section 790.0653, Florida Statutes, is created
  253  to read:
  254         790.0653 Sale, delivery, or transfer of firearms conducted
  255  on property to which the public has the right of access.—
  256         (1) As used in this section, the term “property to which
  257  the public has the right of access” means any property that is
  258  open for public access, regardless of whether an admission fee
  259  is charged, and includes, but is not limited to, a flea market,
  260  a gun show, or a firearm exhibit.
  261         (2) A person may not sell, offer for sale, deliver, or
  262  transfer a firearm to another person for consideration if any
  263  part of the transaction is conducted on property to which the
  264  public has the right of access, unless he or she first meets the
  265  requirements that apply to a licensed importer, a licensed
  266  manufacturer, or a licensed dealer under s. 790.065(1)(a)1., 3.,
  267  and 4.
  268         (a) A seller or transferor who is not a licensed importer,
  269  a licensed manufacturer, or a licensed dealer may comply with
  270  this subsection by requesting that a licensed importer, a
  271  licensed manufacturer, or a licensed dealer, on behalf of the
  272  seller or transferor, for the purpose of a sale or transfer,
  273  perform the functions required under s. 790.065(1)(a). The
  274  licensed importer, licensed manufacturer, or licensed dealer may
  275  charge the unlicensed seller or transferor an administrative fee
  276  to cover the costs associated with the performance of those
  277  functions. The unlicensed seller or transferor shall prominently
  278  display next to any firearms being sold on property to which the
  279  public has the right of access the following information:
  280         1.The full legal name of the seller or transferor; and
  281         2.The full legal name and the license number of the
  282  licensed importer, licensed manufacturer, or licensed dealer who
  283  will be completing a transaction on behalf of the seller or
  284  transferor.
  285         (b)A licensed importer, a licensed manufacturer, or a
  286  licensed dealer who conducts a criminal history records check
  287  pursuant to this subsection shall maintain the firearms
  288  transaction records in accordance with federal law and shall
  289  provide a copy of the firearms transaction record to the seller
  290  or transferor if he or she is not a licensed importer, a
  291  licensed manufacturer, or a licensed dealer.
  292         (3)A person who violates subsection (2):
  293         (a) Commits a misdemeanor of the first degree, punishable
  294  as provided in s. 775.082 or s. 775.083 for a first offense.
  295         (b) Commits a felony of the third degree, punishable as
  296  provided in s. 775.082, s. 775.083, or s. 775.084 for a second
  297  or subsequent offense.
  298         (4) The mandatory waiting period, exceptions, and penalties
  299  of s. 790.0655 apply to this section.
  300         Section 5. Paragraph (b) of subsection (3) of section
  301  790.0655, Florida Statutes, is redesignated as paragraph (c) of
  302  that subsection, a new paragraph (b) is added to that
  303  subsection, and subsections (1) and (2) of that section are
  304  republished, to read:
  305         790.0655 Purchase and delivery of firearms; mandatory
  306  waiting period; exceptions; penalties.—
  307         (1)(a) A mandatory waiting period is imposed between the
  308  purchase and delivery of a firearm. The mandatory waiting period
  309  is 3 days, excluding weekends and legal holidays, or expires
  310  upon the completion of the records checks required under s.
  311  790.065, whichever occurs later. “Purchase” means the transfer
  312  of money or other valuable consideration to the retailer.
  313  “Retailer” means and includes a licensed importer, licensed
  314  manufacturer, or licensed dealer engaged in the business of
  315  making firearm sales at retail or for distribution, or use, or
  316  consumption, or storage to be used or consumed in this state, as
  317  defined in s. 212.02(13).
  318         (b) Records of firearm sales must be available for
  319  inspection by any law enforcement agency, as defined in s.
  320  934.02, during normal business hours.
  321         (2) The waiting period does not apply in the following
  322  circumstances:
  323         (a) When a firearm is being purchased by a holder of a
  324  concealed weapons permit as defined in s. 790.06.
  325         (b) To a trade-in of another firearm.
  326         (c) To the purchase of a rifle or shotgun, upon a person’s
  327  successfully completing a minimum of a 16-hour hunter safety
  328  course and possessing a hunter safety certification card issued
  329  under s. 379.3581. A person who is exempt from the hunter safety
  330  course requirements under s. 379.3581 and holds a valid Florida
  331  hunting license is exempt from the mandatory waiting period
  332  under this section for the purchase of a rifle or shotgun.
  333         (d) When a rifle or shotgun is being purchased by a law
  334  enforcement officer or correctional officer, as those terms are
  335  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  336  servicemember as defined in s. 250.01.
  337         (3) It is a felony of the third degree, punishable as
  338  provided in s. 775.082, s. 775.083, or s. 775.084:
  339         (a) For any retailer, or any employee or agent of a
  340  retailer, to deliver a firearm before the expiration of the
  341  waiting period, subject to the exceptions provided in subsection
  342  (2).
  343         (b) For a seller or transferor under s. 790.0653, or an
  344  employee or agent of such seller or transferor, to deliver a
  345  firearm before the expiration of the waiting period, subject to
  346  the exceptions provided in subsection (2).
  347         (c) For a purchaser to obtain delivery of a firearm by
  348  fraud, false pretense, or false representation.
  349         Section 6. Section 790.174, Florida Statutes, is amended to
  350  read:
  351         790.174 Safe storage of firearms required.—
  352         (1) A person who stores or leaves, on a premises premise
  353  under his or her control, a loaded firearm, as defined in s.
  354  790.001, and who has actual knowledge that a person of unsound
  355  mind or who knows or reasonably should know that a minor is
  356  likely to gain access to the firearm without the lawful
  357  permission of the minor’s parent or the person having charge of
  358  the minor, or without the supervision required by law, shall
  359  keep the firearm in a securely locked box or container or in a
  360  location which a reasonable person would believe to be secure or
  361  shall secure it with a trigger lock, except when the person is
  362  carrying the firearm on his or her body or within such close
  363  proximity thereto that he or she can retrieve and use it as
  364  easily and quickly as if he or she carried it on his or her
  365  body.
  366         (2) It is a misdemeanor of the second degree, punishable as
  367  provided in s. 775.082 or s. 775.083, if a person violates
  368  subsection (1) by failing to store or leave a firearm in the
  369  required manner and as a result thereof a person of unsound mind
  370  or a minor gains access to the firearm, without the lawful
  371  permission of the minor’s parent or the person having charge of
  372  the minor, and possesses or exhibits it, without the supervision
  373  required by law:
  374         (a) In a public place; or
  375         (b) In a rude, careless, angry, or threatening manner in
  376  violation of s. 790.10.
  377  
  378  This subsection does not apply if the person of unsound mind or
  379  minor obtains the firearm as a result of an unlawful entry by
  380  any person.
  381         (3) As used in this section act, the term “minor” means any
  382  person under 18 years of the age of 16.
  383         Section 7. Effective upon the same date that SB ____ or
  384  similar legislation takes effect, only if such legislation is
  385  adopted in the same legislative session or an extension thereof
  386  and becomes a law, present subsection (7) of section 943.0311,
  387  Florida Statutes, is redesignated as subsection (10), and a new
  388  subsection (7) and subsections (8) and (9) are added to that
  389  section, to read:
  390         943.0311 Chief of Domestic Security; duties of the
  391  department with respect to domestic security.—
  392         (7) The chief shall oversee the development of a statewide
  393  strategy for targeted violence prevention to develop a
  394  comprehensive threat assessment strategy and appropriate
  395  training to be used by state and local law enforcement agencies.
  396  The chief shall coordinate with state and local law enforcement
  397  agencies in the development of the statewide strategy and its
  398  implementation.
  399         (8) Any statewide strategy for targeted violence prevention
  400  shall be evaluated periodically, as determined by the
  401  department, and after any event of targeted violence, to
  402  incorporate changes needed to address deficiencies and improve
  403  effectiveness.
  404         (9) Subsections (7) and (8) may not be construed to
  405  abrogate or diminish any person’s right to be secure in their
  406  persons, houses, papers, and effects against unreasonable
  407  seizures and searches as provided in the United States and
  408  Florida Constitutions, and in the laws of this state and the
  409  Federal Government, including, but not limited to, s. 933.04.
  410         Section 8. Effective upon the same date that SB ____ or
  411  similar legislation takes effect, only if such legislation is
  412  adopted in the same legislative session or an extension thereof
  413  and becomes a law, for the 2020-2021 fiscal year, 37 full-time
  414  equivalent positions with an associated total salary rate of
  415  2,045,705 are authorized and the recurring sum of $4,827,538 and
  416  the nonrecurring sum of $1,043,415 is appropriated from the
  417  General Revenue Fund to the Department of Law Enforcement for
  418  the purpose of implementing a statewide strategy for targeted
  419  violence prevention.
  420         Section 9. Except as otherwise expressly provided in this
  421  act, this act shall take effect July 1, 2020.

feedback