Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Farmer moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 357 - 409
    4  and insert:
    5         Section 7. Present subsection (13) of section 790.065,
    6  Florida Statutes, is redesignated as subsection (12),
    7  subsections (1), (3), and (10) of that section are amended, and
    8  a new subsection (11) is added to that section, to read:
    9         790.065 Sale and delivery of firearms.—
   10         (1)(a) A licensed importer, licensed manufacturer, or
   11  licensed dealer may not sell or deliver from her or his
   12  inventory at her or his licensed premises any firearm to another
   13  person, other than a licensed importer, licensed manufacturer,
   14  licensed dealer, or licensed collector, until she or he has:
   15         1. Obtained a completed form from the potential buyer or
   16  transferee, which form shall have been adopted promulgated by
   17  the Department of Law Enforcement and provided by the licensed
   18  importer, licensed manufacturer, or licensed dealer, which shall
   19  include the name, date of birth, gender, race, and social
   20  security number or other identification number of such potential
   21  buyer or transferee and has inspected proper identification
   22  including an identification containing a photograph of the
   23  potential buyer or transferee.
   24         2. Collected a fee from the potential buyer for processing
   25  the criminal history check of the potential buyer. The fee shall
   26  be established by the Department of Law Enforcement and may not
   27  exceed $8 per transaction. The Department of Law Enforcement may
   28  reduce, or suspend collection of, the fee to reflect payment
   29  received from the Federal Government applied to the cost of
   30  maintaining the criminal history check system established by
   31  this section as a means of facilitating or supplementing the
   32  National Instant Criminal Background Check System. The
   33  Department of Law Enforcement shall, by rule, establish
   34  procedures for the fees to be transmitted by the licensee to the
   35  Department of Law Enforcement. All such fees shall be deposited
   36  into the Department of Law Enforcement Operating Trust Fund, but
   37  shall be segregated from all other funds deposited into such
   38  trust fund and must be accounted for separately. Such segregated
   39  funds must not be used for any purpose other than the operation
   40  of the criminal history checks required by this section. The
   41  Department of Law Enforcement, each year before prior to
   42  February 1, shall make a full accounting of all receipts and
   43  expenditures of such funds to the President of the Senate, the
   44  Speaker of the House of Representatives, the majority and
   45  minority leaders of each house of the Legislature, and the
   46  chairs of the appropriations committees of each house of the
   47  Legislature. In the event that the cumulative amount of funds
   48  collected exceeds the cumulative amount of expenditures by more
   49  than $2.5 million, excess funds may be used for the purpose of
   50  purchasing soft body armor for law enforcement officers.
   51         3. Requested, by means of a toll-free telephone call, the
   52  Department of Law Enforcement to conduct a check of the
   53  information as reported and reflected in the Florida Crime
   54  Information Center and National Crime Information Center systems
   55  as of the date of the request.
   56         4. Received a unique approval number for that inquiry from
   57  the Department of Law Enforcement, and recorded the date and
   58  such number on the consent form.
   59         (b) However, if the person purchasing, or receiving
   60  delivery of, the firearm is a holder of a valid concealed
   61  weapons or firearms license pursuant to the provisions of s.
   62  790.06 or holds an active certification from the Criminal
   63  Justice Standards and Training Commission as a “law enforcement
   64  officer,” a “correctional officer,” or a “correctional probation
   65  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   66  (9), this subsection does not apply.
   67         (c) This subsection does not apply to the purchase, trade,
   68  or transfer of a rifle or shotgun by a resident of this state
   69  when the resident makes such purchase, trade, or transfer from a
   70  licensed importer, licensed manufacturer, or licensed dealer in
   71  another state.
   72         (d)1.If neither party to a prospective firearms sale,
   73  lease, or transfer is a licensed dealer, the parties to the
   74  transaction must complete the sale, lease, or transfer through a
   75  licensed dealer as follows:
   76         a. The seller, lessor, or transferor must deliver the
   77  firearm to a licensed dealer, who shall process the sale, lease,
   78  or transfer as if she or he were the seller, lessor, or
   79  transferor, except that the seller, lessor, or transferor who is
   80  not a licensed dealer may remove the firearm from the business
   81  premises of the licensed dealer while the background check is
   82  being conducted and while the waiting period requirement set
   83  forth in s. 790.0655 is being met. Other than allowing the
   84  unlicensed seller or transferor to remove the firearm from the
   85  licensed dealer’s business premises, the licensed dealer shall
   86  comply with all requirements of federal and state law which
   87  would apply if she or he were the seller, lessor, or transferor
   88  of the firearm;
   89         b. The licensed dealer shall conduct a background check on
   90  the buyer or other transferee as provided in this section and,
   91  unless the transaction is prohibited, and after all other legal
   92  requirements are met, including those set forth in s. 790.0655,
   93  the licensed dealer shall either:
   94         (I) Deliver the firearm to the seller, lessor, or
   95  transferor, who shall complete the transaction and deliver the
   96  firearm to the buyer; or
   97         (II) If the seller, lessor, or transferor has removed the
   98  firearm from the licensed dealer’s business premises, contact
   99  the seller, lessor, or transferor to let her or him know that he
  100  or she may complete the transaction and deliver the firearm to
  101  the buyer.
  102         c. If the licensed dealer cannot legally complete the
  103  transaction, the dealer must:
  104         (I) Return the firearm to the seller, lessor, or
  105  transferor; or
  106         (II) If the seller, lessor, or transferor has removed the
  107  firearm from the licensed dealer’s business premises, contact
  108  the seller, lessor, or transferor to let her or him know that
  109  the transaction is prohibited, and that the seller, lessor, or
  110  transferor may not deliver the firearm to the buyer; and
  111         d. The licensed dealer may require the buyer or other
  112  transferee to pay a fee covering the administrative costs
  113  incurred by the licensed dealer for facilitating the transfer of
  114  the firearm, plus applicable fees pursuant to federal and state
  115  law.
  116         2. This paragraph does not apply to:
  117         a. The activities of the United States Marshals Service,
  118  members of the United States Armed Forces or the National Guard,
  119  or federal officials required to carry firearms while engaged in
  120  performing their official duties; or
  121         b. The following activities, unless the lawful owner knows
  122  or has reasonable cause to believe that federal, state, or local
  123  law prohibits the transferee from purchasing or possessing
  124  firearms, or that the transferee is likely to use the firearm
  125  for unlawful purposes:
  126         (I) The delivery of a firearm to a gunsmith for service or
  127  repair, or the return of the firearm to its owner by the
  128  gunsmith;
  129         (II) The transfer of a firearm to a carrier, warehouseman,
  130  or other person engaged in the business of transportation or
  131  storage, to the extent that the receipt, possession, or having
  132  on or about the person any firearm is in the ordinary course of
  133  business and in conformity with federal, state, and local laws,
  134  and not for the personal use of any such person;
  135         (III) The loan of a firearm solely for the purpose of
  136  shooting at targets, if the loan occurs on the premises of a
  137  properly licensed target facility and if the firearm is at all
  138  times kept within the premises of the target facility;
  139         (IV) The loan of a firearm to a person who is under 18
  140  years of age for lawful hunting, sporting, or educational
  141  purposes while under the direct supervision and control of a
  142  responsible adult;
  143         (V) The loan of a firearm to a person who is 18 years of
  144  age or older if the firearm remains in the person’s possession
  145  only while the person is accompanying the lawful owner and using
  146  the firearm for lawful hunting, sporting, or recreational
  147  purposes; or
  148         (VI) The loan of a firearm to an adult family member of the
  149  lawful owner of the firearm if the lawful owner resides with the
  150  family member but is not present in the residence, provided that
  151  the family member does not maintain control over the firearm for
  152  more than 10 consecutive days.
  153         (3) In the event of scheduled computer downtime, electronic
  154  failure, or similar emergency beyond the control of the
  155  Department of Law Enforcement, the department shall immediately
  156  notify the licensee of the reason for, and estimated length of,
  157  such delay. After such notification, the department shall
  158  forthwith, and in no event later than the end of the next
  159  business day of the licensee, either inform the requesting
  160  licensee if its records demonstrate that the buyer or transferee
  161  is prohibited from receipt or possession of a firearm pursuant
  162  to Florida and Federal law or provide the licensee with a unique
  163  approval number. Unless notified by the end of said next
  164  business day that the buyer or transferee is so prohibited, and
  165  without regard to whether she or he has received a unique
  166  approval number, the licensee may complete the sale or transfer
  167  and shall not be deemed in violation of this section with
  168  respect to such sale or transfer.
  169         (10) A licensed importer, licensed manufacturer, or
  170  licensed dealer is not required to comply with the requirements
  171  of this section in the event of:
  172         (a) Unavailability of telephone service at the licensed
  173  premises due to the failure of the entity which provides
  174  telephone service in the state, region, or other geographical
  175  area in which the licensee is located to provide telephone
  176  service to the premises of the licensee due to the location of
  177  said premises; or the interruption of telephone service by
  178  reason of hurricane, tornado, flood, natural disaster, or other
  179  act of God, war, invasion, insurrection, riot, or other bona
  180  fide emergency, or other reason beyond the control of the
  181  licensee; or
  182         (b) Failure of the Department of Law Enforcement to comply
  183  with the requirements of subsections (2) and (3).
  184         (11) A person younger than 21 years of age may not purchase
  185  a firearm. The sale or transfer of a firearm to a person younger
  186  than 21 years of age may not be made or facilitated by a
  187  licensed importer, licensed manufacturer, or licensed dealer. A
  188  person who violates this subsection commits a felony of the
  189  third degree, punishable as provided in s. 775.082, s. 775.083,
  190  or s. 775.084. The prohibitions of this subsection do not apply
  191  to the purchase of a rifle or shotgun by a law enforcement
  192  officer or a correctional officer, as those terms are defined in
  193  s. 943.10, or to a person on active duty in the Armed Forces of
  194  the United States or full-time duty in the National Guard.
  195         Section 8. Section 790.0655, Florida Statutes, is amended
  196  to read:
  197         790.0655 Purchase and delivery of firearms handguns;
  198  mandatory waiting period; exceptions; penalties.—
  199         (1)(a) There shall be A mandatory 3-day waiting period is
  200  imposed between the purchase and delivery of a firearm. The
  201  mandatory waiting period is, which shall be 3 days, excluding
  202  weekends and legal holidays, or expires upon the completion of
  203  the records checks required under s. 790.065, whichever occurs
  204  later. The mandatory waiting period applies to the delivery of a
  205  firearm through a private sale facilitated through a licensed
  206  dealer under s. 790.065(1)(d) between the purchase and the
  207  delivery at retail of any handgun. “Purchase” means the transfer
  208  of money or other valuable consideration to the retailer.
  209  “Handgun” means a firearm capable of being carried and used by
  210  one hand, such as a pistol or revolver. “Retailer” means and
  211  includes a licensed importer, licensed manufacturer, or licensed
  212  dealer every person engaged in the business of making firearm
  213  sales at retail or for distribution, or use, or consumption, or
  214  storage to be used or consumed in this state, as defined in s.
  215  212.02(13).
  216         (b) Records of firearm handgun sales must be available for
  217  inspection by any law enforcement agency, as defined in s.
  218  934.02, during normal business hours.
  219         (2) The 3-day waiting period does shall not apply in the
  220  following circumstances:
  221         (a) When a firearm handgun is being purchased by a holder
  222  of a concealed weapons permit as defined in s. 790.06.
  223         (b) To a trade-in of another firearm handgun.
  224         (c) To a person who completes a 16-hour hunter education or
  225  hunter safety course approved by the Fish and Wildlife
  226  Conservation Commission or similar agency of another state,
  227  unless that person is purchasing a handgun.
  228         (3) It is a felony of the third degree, punishable as
  229  provided in s. 775.082, s. 775.083, or s. 775.084:
  230         (a) For any retailer, or any employee or agent of a
  231  retailer, to deliver a firearm handgun before the expiration of
  232  the 3-day waiting period, subject to the exceptions provided in
  233  subsection (2).
  234         (b) For a purchaser to obtain delivery of a firearm handgun
  235  by fraud, false pretense, or false representation.
  236         Section 9. Paragraph (e) of subsection (3) of section
  237  790.335, Florida Statutes, is amended to read:
  238         790.335 Prohibition of registration of firearms; electronic
  239  records.—
  240         (3) EXCEPTIONS.—The provisions of this section shall not
  241  apply to:
  242         (e)1. Records kept pursuant to the recordkeeping provisions
  243  of s. 790.065; however, nothing in this section shall be
  244  construed to authorize the public release or inspection of
  245  records that are made confidential and exempt from the
  246  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  247         2. Nothing in this paragraph shall be construed to allow
  248  the maintaining of records containing the names of purchasers or
  249  transferees who receive unique approval numbers or the
  250  maintaining of records of firearm transactions.
  252  ================= T I T L E  A M E N D M E N T ================
  253  And the title is amended as follows:
  254         Delete lines 44 - 58
  255  and insert:
  256         s. 790.065, F.S.; requiring that, if neither party to
  257         a prospective firearms sale, lease, or transfer is a
  258         licensed dealer, the parties complete the sale, lease,
  259         or transfer through a licensed dealer; specifying
  260         procedures and requirements for a licensed dealer, a
  261         seller, lessor, or transferor, and a buyer, lessee, or
  262         transferee, including a required background check;
  263         authorizing a licensed dealer to charge a buyer or
  264         transferee specified fees; providing applicability;
  265         deleting provisions authorizing a licensee to complete
  266         the sale or transfer of a firearm to a person without
  267         receiving notification from the Department of Law
  268         Enforcement informing the licensee as to whether such
  269         person is prohibited from receipt or possession of a
  270         firearm or providing a unique approval number under
  271         certain circumstances; deleting provisions exempting a
  272         licensed importer, licensed manufacturer, or licensed
  273         dealer from the sale and delivery requirements, under
  274         certain circumstances; prohibiting a person younger
  275         than a certain age from purchasing a firearm;
  276         prohibiting the sale or transfer, or facilitation of a
  277         sale or transfer, of a firearm to a person younger
  278         than a certain age by a licensed importer, licensed
  279         manufacturer, or licensed dealer; providing criminal
  280         penalties; providing an exception; amending s.
  281         790.0655, F.S.; revising the mandatory waiting period
  282         to the later of either 3 days, excluding weekends and
  283         legal holidays, or upon the completion of certain
  284         records checks; applying the mandatory waiting period
  285         to private sales of firearms facilitated through a
  286         licensed dealer; revising and redefining terms;
  287         requiring that records of firearm sales be available
  288         for inspection by any law enforcement agency during
  289         normal business hours; revising applicability of the
  290         waiting period; conforming provisions to changes made
  291         by the act; amending s. 790.335, F.S.; conforming a
  292         cross-reference;