Florida Senate - 2018 SB 1476
By Senator Farmer
34-00754-18 20181476__
1 A bill to be entitled
2 An act relating to the prohibited recordkeeping of
3 firearms or firearm owners; repealing s. 790.335,
4 F.S., relating to the prohibition of registration of
5 firearms and the treatment of electronic records;
6 repealing s. 790.336, F.S., relating to lists,
7 records, or registries required to be destroyed;
8 amending ss. 409.175 and 790.0625, F.S.; conforming
9 provisions to changes made by the act; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 790.335, Florida Statutes, is amended to
15 read:
16 790.335 Prohibition of registration of firearms; electronic
17 records.—
18 (1) LEGISLATIVE FINDINGS AND INTENT.—
19 (a) The Legislature finds and declares that:
20 1. The right of individuals to keep and bear arms is
21 guaranteed under both the Second Amendment to the United States
22 Constitution and s. 8, Art. I of the State Constitution.
23 2. A list, record, or registry of legally owned firearms or
24 law-abiding firearm owners is not a law enforcement tool and can
25 become an instrument for profiling, harassing, or abusing law
26 abiding citizens based on their choice to own a firearm and
27 exercise their Second Amendment right to keep and bear arms as
28 guaranteed under the United States Constitution. Further, such a
29 list, record, or registry has the potential to fall into the
30 wrong hands and become a shopping list for thieves.
31 3. A list, record, or registry of legally owned firearms or
32 law-abiding firearm owners is not a tool for fighting terrorism,
33 but rather is an instrument that can be used as a means to
34 profile innocent citizens and to harass and abuse American
35 citizens based solely on their choice to own firearms and
36 exercise their Second Amendment right to keep and bear arms as
37 guaranteed under the United States Constitution.
38 4. Law-abiding firearm owners whose names have been
39 illegally recorded in a list, record, or registry are entitled
40 to redress.
41 (b) The Legislature intends through the provisions of this
42 section to:
43 1. Protect the right of individuals to keep and bear arms
44 as guaranteed under both the Second Amendment to the United
45 States Constitution and s. 8, Art. I of the State Constitution.
46 2. Protect the privacy rights of law-abiding firearm
47 owners.
48 (2) PROHIBITIONS.—No state governmental agency or local
49 government, special district, or other political subdivision or
50 official, agent, or employee of such state or other governmental
51 entity or any other person, public or private, shall knowingly
52 and willfully keep or cause to be kept any list, record, or
53 registry of privately owned firearms or any list, record, or
54 registry of the owners of those firearms.
55 (3) EXCEPTIONS.—The provisions of this section shall not
56 apply to:
57 (a) Records of firearms that have been used in committing
58 any crime.
59 (b) Records relating to any person who has been convicted
60 of a crime.
61 (c) Records of firearms that have been reported stolen that
62 are retained for a period not in excess of 10 days after such
63 firearms are recovered. Official documentation recording the
64 theft of a recovered weapon may be maintained no longer than the
65 balance of the year entered, plus 2 years.
66 (d) Firearm records that must be retained by firearm
67 dealers under federal law, including copies of such records
68 transmitted to law enforcement agencies. However, no state
69 governmental agency or local government, special district, or
70 other political subdivision or official, agent, or employee of
71 such state or other governmental entity or any other person,
72 private or public, shall accumulate, compile, computerize, or
73 otherwise collect or convert such written records into any form
74 of list, registry, or database for any purpose.
75 (e)1. Records kept pursuant to the recordkeeping provisions
76 of s. 790.065; however, nothing in this section shall be
77 construed to authorize the public release or inspection of
78 records that are made confidential and exempt from the
79 provisions of s. 119.07(1) by s. 790.065(4)(a).
80 2. Nothing in this paragraph shall be construed to allow
81 the maintaining of records containing the names of purchasers or
82 transferees who receive unique approval numbers or the
83 maintaining of records of firearm transactions.
84 (f) Firearm records, including paper pawn transaction forms
85 and contracts on firearm transactions, required by chapters 538
86 and 539.
87 1. Electronic firearm records held pursuant to chapter 538
88 may only be kept by a secondhand dealer for 30 days after the
89 date of the purchase of the firearm by the secondhand dealer.
90 2. Electronic firearm records held pursuant to chapter 539
91 may only be kept by a pawnbroker for 30 days after the
92 expiration of the loan that is secured by a firearm or 30 days
93 after the date of purchase of a firearm, whichever is
94 applicable.
95 3. Except as required by federal law, any firearm records
96 kept pursuant to chapter 538 or chapter 539 shall not, at any
97 time, be electronically transferred to any public or private
98 entity, agency, business, or enterprise, nor shall any such
99 records be copied or transferred for purposes of accumulation of
100 such records into lists, registries, or databases.
101 4. Notwithstanding subparagraph 3., secondhand dealers and
102 pawnbrokers may electronically submit firearm transaction
103 records to the appropriate law enforcement agencies as required
104 by chapters 538 and 539; however, the law enforcement agencies
105 may not electronically submit such records to any other person
106 or entity and must destroy such records within 60 days after
107 receipt of such records.
108 5. Notwithstanding subparagraph 3., secondhand dealers and
109 pawnbrokers may electronically submit limited firearms records
110 consisting solely of the manufacturer, model, serial number, and
111 caliber of pawned or purchased firearms to a third-party private
112 provider that is exclusively incorporated, exclusively owned,
113 and exclusively operated in the United States and that restricts
114 access to such information to only appropriate law enforcement
115 agencies for legitimate law enforcement purposes. Such records
116 must be destroyed within 30 days by the third-party provider. As
117 a condition of receipt of such records, the third-party provider
118 must agree in writing to comply with the requirements of this
119 section. Any pawnbroker or secondhand dealer who contracts with
120 a third-party provider other than as provided in this act or
121 electronically transmits any records of firearms transactions to
122 any third-party provider other than the records specifically
123 allowed by this paragraph commits a felony of the second degree,
124 punishable as provided in s. 775.082 or s. 775.083.
125 (g) Records kept by the Department of Law Enforcement of
126 NCIC transactions to the extent required by federal law and a
127 log of dates of requests for criminal history record checks,
128 unique approval and nonapproval numbers, license identification
129 numbers, and transaction numbers corresponding to such dates.
130 (h) Records of an insurer that, as a condition to providing
131 insurance against theft or loss of a firearm, identify such
132 firearm. Such records may not be sold, commingled with records
133 relating to other firearms, or transferred to any other person
134 or entity. The insurer may not keep a record of such firearm
135 more than 60 days after the policy of insurance expires or after
136 notification by the insured that the insured is no longer the
137 owner of such firearm.
138 (i) Lists of customers of a firearm dealer retained by such
139 dealer, provided that such lists do not disclose the particular
140 firearms purchased. Such lists, or any parts thereof, may not be
141 sold, commingled with records relating to other firearms, or
142 transferred to any other person or entity.
143 (j) Sales receipts retained by the seller of firearms or by
144 a person providing credit for such purchase, provided that such
145 receipts shall not serve as or be used for the creation of a
146 database for registration of firearms.
147 (k) Personal records of firearms maintained by the owner of
148 such firearms.
149 (l) Records maintained by a business that stores or acts as
150 the selling agent of firearms on behalf of the lawful owner of
151 the firearms.
152 (m) Membership lists of organizations comprised of firearm
153 owners.
154 (n) Records maintained by an employer or contracting entity
155 of the firearms owned by its officers, employees, or agents, if
156 such firearms are used in the course of business performed on
157 behalf of the employer.
158 (o) Records maintained pursuant to s. 790.06 by the
159 Department of Agriculture and Consumer Services of a person who
160 was a licensee within the prior 2 years.
161 (p) Records of firearms involved in criminal
162 investigations, criminal prosecutions, criminal appeals, and
163 postconviction motions, civil proceedings relating to the
164 surrender or seizure of firearms including protective
165 injunctions, Baker Act commitments, and sheriff’s levies
166 pursuant to court judgments, and voluntary surrender by the
167 owner or custodian of the firearm.
168 (q) Paper documents relating to firearms involved in
169 criminal cases, criminal investigations, and criminal
170 prosecutions, civil proceedings relating to the surrender or
171 seizure of firearms including protective injunctions, Baker Act
172 commitments, and sheriff’s levies pursuant to court judgments,
173 and voluntary surrender by the owner or custodian of the
174 firearm.
175 (r) Noncriminal records relating to the receipt, storage or
176 return of firearms, including, but not limited to, records
177 relating to firearms impounded for storage or safekeeping,
178 receipts proving that a firearm was returned to the rightful
179 owner and supporting records of identification and proof of
180 ownership, or records relating to firearms impounded pursuant to
181 levies or court orders, provided, however, that such records
182 shall not be compiled, sorted, or otherwise arranged into any
183 lists, indexes, or registries of firearms or firearms owners.
184 (4) PENALTIES.—
185 (a) Any person who, or entity that, violates a provision of
186 this section commits a felony of the third degree, punishable as
187 provided in s. 775.082 or s. 775.083.
188 (b) Except as required by the provisions of s. 16, Art. I
189 of the State Constitution or the Sixth Amendment to the United
190 States Constitution, no public funds shall be used to defend the
191 unlawful conduct of any person charged with a violation of this
192 section, unless the charges against such person are dismissed or
193 such person is determined to be not guilty at trial.
194 Notwithstanding this paragraph, public funds may be expended to
195 provide the services of the office of public defender or court
196 appointed conflict counsel as provided by law.
197 (c) The governmental entity, or the designee of such
198 governmental entity, in whose service or employ a list, record,
199 or registry was compiled in violation of this section may be
200 assessed a fine of not more than $5 million, if the court
201 determines that the evidence shows that the list, record, or
202 registry was compiled or maintained with the knowledge or
203 complicity of the management of the governmental entity. The
204 Attorney General may bring a civil cause of action to enforce
205 the fines assessed under this paragraph.
206 (d) The state attorney in the appropriate jurisdiction
207 shall investigate complaints of criminal violations of this
208 section and, where evidence indicates a violation may have
209 occurred, shall prosecute violators.
210 (5) ELECTRONIC RECORDS.—Secondhand dealers and pawnbrokers
211 who electronically submit firearms transaction records to the
212 appropriate law enforcement agencies as required by chapters 538
213 and 539 shall submit the name of the manufacturer and caliber
214 information of each firearm in Florida Crime Information Center
215 coding, and shall include the model and serial number of each
216 firearm.
217 (6) CONSTRUCTION.—This section shall be construed to
218 effectuate its remedial and deterrent purposes. This section may
219 not be construed to grant any substantive, procedural privacy
220 right or civil claim to any criminal defendant, and a violation
221 of this section may not be grounds for the suppression of
222 evidence in any criminal case.
223 Section 2. Section 790.336, Florida Statutes, is amended to
224 read:
225 790.336 Lists, records, or registries to be destroyed.—Any
226 list, record, or registry maintained or under construction on
227 the effective date of this act shall be destroyed, unless
228 prohibited by law, within 60 calendar days after this act
229 becomes law. Thereafter, failure to destroy any such list,
230 record, or registry may result in prosecution under this act.
231 Section 3. Paragraph (b) of subsection (5) and paragraph
232 (b) of subsection (9) of section 409.175, Florida Statutes, are
233 amended to read:
234 409.175 Licensure of family foster homes, residential
235 child-caring agencies, and child-placing agencies; public
236 records exemption.—
237 (5)
238 (b) The requirements for the licensure and operation of a
239 child-placing agency shall also include compliance with the
240 requirements of s. ss. 63.0422 and 790.335.
241 (9)
242 (b) Any of the following actions by a home or agency or its
243 personnel is a ground for denial, suspension, or revocation of a
244 license:
245 1. An intentional or negligent act materially affecting the
246 health or safety of children in the home or agency.
247 2. A violation of the provisions of this section or of
248 licensing rules promulgated pursuant to this section.
249 3. Noncompliance with the requirements for good moral
250 character as specified in paragraph (5)(a).
251 4. Failure to dismiss personnel found in noncompliance with
252 requirements for good moral character.
253 5. Failure to comply with the requirements of s. ss.
254 63.0422 and 790.335.
255 Section 4. Paragraph (a) of subsection (6) of section
256 790.0625, Florida Statutes, is amended to read:
257 790.0625 Appointment of tax collectors to accept
258 applications for a concealed weapon or firearm license; fees;
259 penalties.—
260 (6)(a) A tax collector appointed under this section may not
261 maintain a list or record of persons who apply for or are
262 granted a new or renewal license to carry a concealed weapon or
263 firearm. A tax collector who violates this paragraph commits a
264 felony of the third degree, punishable as provided in s. 775.082
265 or s. 775.083 violation of this paragraph is subject to s.
266 790.335.
267 Section 5. This act shall take effect July 1, 2018.