Florida Senate - 2018 SB 334 By Senator Bracy 11-00412-18 2018334__ 1 A bill to be entitled 2 An act relating to firearm purchases; amending s. 3 790.065, F.S.; requiring the Department of Law 4 Enforcement to include on a standard form certain 5 questions concerning a potential firearm buyer’s 6 criminal history or other information relating to the 7 person’s eligibility to make the firearm purchase; 8 requiring the department to notify law enforcement 9 officials when a potential sale or transfer receives a 10 nonapproval number; providing requirements for such 11 notice; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (a) of subsection (1) of section 16 790.065, Florida Statutes, is amended, and paragraph (a) of 17 subsection (4) and paragraphs (b) and (c) of subsection (12) are 18 republished, to read: 19 790.065 Sale and delivery of firearms.— 20 (1)(a) A licensed importer, licensed manufacturer, or 21 licensed dealer may not sell or deliver from her or his 22 inventory at her or his licensed premises any firearm to another 23 person, other than a licensed importer, licensed manufacturer, 24 licensed dealer, or licensed collector, until she or he has: 25 1. Obtained a completed form from the potential buyer or 26 transferee, which form shall have been promulgated by the 27 Department of Law Enforcement and provided by the licensed 28 importer, licensed manufacturer, or licensed dealer, which shall 29 include the name, date of birth, gender, race, questions about 30 the buyer’s criminal history and other information relating to 31 the potential buyer or transferee’s eligibility to purchase a 32 firearm, and social security number or other identification 33 number of the
suchpotential buyer or transferee and has 34 inspected proper identification including an identification 35 containing a photograph of the potential buyer or transferee. 36 a. In any case in which records reviewed pursuant to 37 subsection (2) indicate that the potential buyer or transferee 38 is prohibited from having in her or his care, custody, 39 possession, or control any firearm under state or federal law 40 and the potential transfer, sale, or purchase has received a 41 nonapproval number, the Department of Law Enforcement shall send 42 notification of such nonapproval to the federal or state 43 correctional, law enforcement, prosecutorial, and other criminal 44 justice agencies that have jurisdiction in the county where the 45 attempted transfer or purchase was made. 46 b. The Department of Law Enforcement shall, for each 47 county, identify appropriate federal or state correctional, law 48 enforcement, prosecutorial, and other criminal justice agencies 49 to receive the notification described in sub-subparagraph a. 50 c. The notification described in sub-subparagraph a. must 51 include the identity of the potential buyer or transferee, the 52 identity of the licensee who made the inquiry, the date and time 53 when a nonapproval number was issued, the prohibiting criteria 54 for the nonapproval, and the location where the attempted 55 purchase or transfer occurred. 56 d. The Department of Law Enforcement shall make the 57 notification described in sub-subparagraph a. within 1 week 58 after receipt of the notice of the nonapproval, and may 59 aggregate any notifications required pursuant to sub 60 subparagraph a. and issue them together within the required 61 timeframe, except that a notification may be delayed for as long 62 as necessary to avoid compromising an ongoing investigation. 63 e. The Department of Law Enforcement may make the 64 notification required pursuant to sub-subparagraph a. in any 65 form, including, but not limited to, by oral or written 66 communication or by electronic means. 67 2. Collected a fee from the potential buyer for processing 68 the criminal history check of the potential buyer. The fee shall 69 be established by the Department of Law Enforcement and may not 70 exceed $8 per transaction. The Department of Law Enforcement may 71 reduce, or suspend collection of, the fee to reflect payment 72 received from the Federal Government applied to the cost of 73 maintaining the criminal history check system established by 74 this section as a means of facilitating or supplementing the 75 National Instant Criminal Background Check System. The 76 Department of Law Enforcement shall, by rule, establish 77 procedures for the fees to be transmitted by the licensee to the 78 Department of Law Enforcement. All such fees shall be deposited 79 into the Department of Law Enforcement Operating Trust Fund, but 80 shall be segregated from all other funds deposited into such 81 trust fund and must be accounted for separately. Such segregated 82 funds must not be used for any purpose other than the operation 83 of the criminal history checks required by this section. The 84 Department of Law Enforcement, each year prior to February 1, 85 shall make a full accounting of all receipts and expenditures of 86 such funds to the President of the Senate, the Speaker of the 87 House of Representatives, the majority and minority leaders of 88 each house of the Legislature, and the chairs of the 89 appropriations committees of each house of the Legislature. In 90 the event that the cumulative amount of funds collected exceeds 91 the cumulative amount of expenditures by more than $2.5 million, 92 excess funds may be used for the purpose of purchasing soft body 93 armor for law enforcement officers. 94 3. Requested, by means of a toll-free telephone call, the 95 Department of Law Enforcement to conduct a check of the 96 information as reported and reflected in the Florida Crime 97 Information Center and National Crime Information Center systems 98 as of the date of the request. 99 4. Received a unique approval number for that inquiry from 100 the Department of Law Enforcement, and recorded the date and 101 such number on the consent form. 102 (4)(a) Any records containing any of the information set 103 forth in subsection (1) pertaining to a buyer or transferee who 104 is not found to be prohibited from receipt or transfer of a 105 firearm by reason of Florida and federal law which records are 106 created by the Department of Law Enforcement to conduct the 107 criminal history record check shall be confidential and exempt 108 from the provisions of s. 119.07(1) and may not be disclosed by 109 the Department of Law Enforcement or any officer or employee 110 thereof to any person or to another agency. The Department of 111 Law Enforcement shall destroy any such records forthwith after 112 it communicates the approval and nonapproval numbers to the 113 licensee and, in any event, such records shall be destroyed 114 within 48 hours after the day of the response to the licensee’s 115 request. 116 (12) 117 (b) Any licensed importer, licensed manufacturer, or 118 licensed dealer who violates the provisions of subsection (1) 119 commits a felony of the third degree punishable as provided in 120 s. 775.082 or s. 775.083. 121 (c) Any employee or agency of a licensed importer, licensed 122 manufacturer, or licensed dealer who violates the provisions of 123 subsection (1) commits a felony of the third degree punishable 124 as provided in s. 775.082 or s. 775.083. 125 Section 2. This act shall take effect upon becoming a law.