Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for SB 7026
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LEGISLATIVE ACTION
Senate . House
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Senator Rodriguez moved the following:
1 Senate Amendment to Amendment (318628) (with title
2 amendment)
3
4 Delete lines 2231 - 2247
5 and insert:
6 Section 33. Section 790.335, Florida Statutes, is amended
7 to read:
8 790.335 Prohibition of registration of firearms; electronic
9 records.—
10 (1) LEGISLATIVE FINDINGS AND INTENT.—
11 (a) The Legislature finds and declares that:
12 1. The right of individuals to keep and bear arms is
13 guaranteed under both the Second Amendment to the United States
14 Constitution and s. 8, Art. I of the State Constitution.
15 2. A list, record, or registry of legally owned firearms or
16 law-abiding firearm owners is not a law enforcement tool and can
17 become an instrument for profiling, harassing, or abusing law
18 abiding citizens based on their choice to own a firearm and
19 exercise their Second Amendment right to keep and bear arms as
20 guaranteed under the United States Constitution. Further, such a
21 list, record, or registry has the potential to fall into the
22 wrong hands and become a shopping list for thieves.
23 3. A list, record, or registry of legally owned firearms or
24 law-abiding firearm owners is not a tool for fighting terrorism,
25 but rather is an instrument that can be used as a means to
26 profile innocent citizens and to harass and abuse American
27 citizens based solely on their choice to own firearms and
28 exercise their Second Amendment right to keep and bear arms as
29 guaranteed under the United States Constitution.
30 4. Law-abiding firearm owners whose names have been
31 illegally recorded in a list, record, or registry are entitled
32 to redress.
33 (b) The Legislature intends through the provisions of this
34 section to:
35 1. Protect the right of individuals to keep and bear arms
36 as guaranteed under both the Second Amendment to the United
37 States Constitution and s. 8, Art. I of the State Constitution.
38 2. Protect the privacy rights of law-abiding firearm
39 owners.
40 (2) PROHIBITIONS.—No state governmental agency or local
41 government, special district, or other political subdivision or
42 official, agent, or employee of such state or other governmental
43 entity or any other person, public or private, shall knowingly
44 and willfully keep or cause to be kept any list, record, or
45 registry of privately owned firearms or any list, record, or
46 registry of the owners of those firearms.
47 (3) EXCEPTIONS.—The provisions of this section shall not
48 apply to:
49 (a) Records of firearms that have been used in committing
50 any crime.
51 (b) Records relating to any person who has been convicted
52 of a crime.
53 (c) Records of firearms that have been reported stolen that
54 are retained for a period not in excess of 10 days after such
55 firearms are recovered. Official documentation recording the
56 theft of a recovered weapon may be maintained no longer than the
57 balance of the year entered, plus 2 years.
58 (d) Firearm records that must be retained by firearm
59 dealers under federal law, including copies of such records
60 transmitted to law enforcement agencies. However, no state
61 governmental agency or local government, special district, or
62 other political subdivision or official, agent, or employee of
63 such state or other governmental entity or any other person,
64 private or public, shall accumulate, compile, computerize, or
65 otherwise collect or convert such written records into any form
66 of list, registry, or database for any purpose.
67 (e)1. Records kept pursuant to the recordkeeping provisions
68 of s. 790.065; however, nothing in this section shall be
69 construed to authorize the public release or inspection of
70 records that are made confidential and exempt from the
71 provisions of s. 119.07(1) by s. 790.065(4)(a).
72 2. Nothing in this paragraph shall be construed to allow
73 the maintaining of records containing the names of purchasers or
74 transferees who receive unique approval numbers or the
75 maintaining of records of firearm transactions.
76 (f) Firearm records, including paper pawn transaction forms
77 and contracts on firearm transactions, required by chapters 538
78 and 539.
79 1. Electronic firearm records held pursuant to chapter 538
80 may only be kept by a secondhand dealer for 30 days after the
81 date of the purchase of the firearm by the secondhand dealer.
82 2. Electronic firearm records held pursuant to chapter 539
83 may only be kept by a pawnbroker for 30 days after the
84 expiration of the loan that is secured by a firearm or 30 days
85 after the date of purchase of a firearm, whichever is
86 applicable.
87 3. Except as required by federal law, any firearm records
88 kept pursuant to chapter 538 or chapter 539 shall not, at any
89 time, be electronically transferred to any public or private
90 entity, agency, business, or enterprise, nor shall any such
91 records be copied or transferred for purposes of accumulation of
92 such records into lists, registries, or databases.
93 4. Notwithstanding subparagraph 3., secondhand dealers and
94 pawnbrokers may electronically submit firearm transaction
95 records to the appropriate law enforcement agencies as required
96 by chapters 538 and 539; however, the law enforcement agencies
97 may not electronically submit such records to any other person
98 or entity and must destroy such records within 60 days after
99 receipt of such records.
100 5. Notwithstanding subparagraph 3., secondhand dealers and
101 pawnbrokers may electronically submit limited firearms records
102 consisting solely of the manufacturer, model, serial number, and
103 caliber of pawned or purchased firearms to a third-party private
104 provider that is exclusively incorporated, exclusively owned,
105 and exclusively operated in the United States and that restricts
106 access to such information to only appropriate law enforcement
107 agencies for legitimate law enforcement purposes. Such records
108 must be destroyed within 30 days by the third-party provider. As
109 a condition of receipt of such records, the third-party provider
110 must agree in writing to comply with the requirements of this
111 section. Any pawnbroker or secondhand dealer who contracts with
112 a third-party provider other than as provided in this act or
113 electronically transmits any records of firearms transactions to
114 any third-party provider other than the records specifically
115 allowed by this paragraph commits a felony of the second degree,
116 punishable as provided in s. 775.082 or s. 775.083.
117 (g) Records kept by the Department of Law Enforcement of
118 NCIC transactions to the extent required by federal law and a
119 log of dates of requests for criminal history record checks,
120 unique approval and nonapproval numbers, license identification
121 numbers, and transaction numbers corresponding to such dates.
122 (h) Records of an insurer that, as a condition to providing
123 insurance against theft or loss of a firearm, identify such
124 firearm. Such records may not be sold, commingled with records
125 relating to other firearms, or transferred to any other person
126 or entity. The insurer may not keep a record of such firearm
127 more than 60 days after the policy of insurance expires or after
128 notification by the insured that the insured is no longer the
129 owner of such firearm.
130 (i) Lists of customers of a firearm dealer retained by such
131 dealer, provided that such lists do not disclose the particular
132 firearms purchased. Such lists, or any parts thereof, may not be
133 sold, commingled with records relating to other firearms, or
134 transferred to any other person or entity.
135 (j) Sales receipts retained by the seller of firearms or by
136 a person providing credit for such purchase, provided that such
137 receipts shall not serve as or be used for the creation of a
138 database for registration of firearms.
139 (k) Personal records of firearms maintained by the owner of
140 such firearms.
141 (l) Records maintained by a business that stores or acts as
142 the selling agent of firearms on behalf of the lawful owner of
143 the firearms.
144 (m) Membership lists of organizations comprised of firearm
145 owners.
146 (n) Records maintained by an employer or contracting entity
147 of the firearms owned by its officers, employees, or agents, if
148 such firearms are used in the course of business performed on
149 behalf of the employer.
150 (o) Records maintained pursuant to s. 790.06 by the
151 Department of Agriculture and Consumer Services of a person who
152 was a licensee within the prior 2 years.
153 (p) Records of firearms involved in criminal
154 investigations, criminal prosecutions, criminal appeals, and
155 postconviction motions, civil proceedings relating to the
156 surrender or seizure of firearms including protective
157 injunctions, Baker Act commitments, and sheriff’s levies
158 pursuant to court judgments, and voluntary surrender by the
159 owner or custodian of the firearm.
160 (q) Paper documents relating to firearms involved in
161 criminal cases, criminal investigations, and criminal
162 prosecutions, civil proceedings relating to the surrender or
163 seizure of firearms including protective injunctions, Baker Act
164 commitments, and sheriff’s levies pursuant to court judgments,
165 and voluntary surrender by the owner or custodian of the
166 firearm.
167 (r) Noncriminal records relating to the receipt, storage or
168 return of firearms, including, but not limited to, records
169 relating to firearms impounded for storage or safekeeping,
170 receipts proving that a firearm was returned to the rightful
171 owner and supporting records of identification and proof of
172 ownership, or records relating to firearms impounded pursuant to
173 levies or court orders, provided, however, that such records
174 shall not be compiled, sorted, or otherwise arranged into any
175 lists, indexes, or registries of firearms or firearms owners.
176 (4) PENALTIES.—
177 (a) Any person who, or entity that, violates a provision of
178 this section commits a felony of the third degree, punishable as
179 provided in s. 775.082 or s. 775.083.
180 (b) Except as required by the provisions of s. 16, Art. I
181 of the State Constitution or the Sixth Amendment to the United
182 States Constitution, no public funds shall be used to defend the
183 unlawful conduct of any person charged with a violation of this
184 section, unless the charges against such person are dismissed or
185 such person is determined to be not guilty at trial.
186 Notwithstanding this paragraph, public funds may be expended to
187 provide the services of the office of public defender or court
188 appointed conflict counsel as provided by law.
189 (c) The governmental entity, or the designee of such
190 governmental entity, in whose service or employ a list, record,
191 or registry was compiled in violation of this section may be
192 assessed a fine of not more than $5 million, if the court
193 determines that the evidence shows that the list, record, or
194 registry was compiled or maintained with the knowledge or
195 complicity of the management of the governmental entity. The
196 Attorney General may bring a civil cause of action to enforce
197 the fines assessed under this paragraph.
198 (d) The state attorney in the appropriate jurisdiction
199 shall investigate complaints of criminal violations of this
200 section and, where evidence indicates a violation may have
201 occurred, shall prosecute violators.
202 (5) ELECTRONIC RECORDS.—Secondhand dealers and pawnbrokers
203 who electronically submit firearms transaction records to the
204 appropriate law enforcement agencies as required by chapters 538
205 and 539 shall submit the name of the manufacturer and caliber
206 information of each firearm in Florida Crime Information Center
207 coding, and shall include the model and serial number of each
208 firearm.
209 (6) CONSTRUCTION.—This section shall be construed to
210 effectuate its remedial and deterrent purposes. This section may
211 not be construed to grant any substantive, procedural privacy
212 right or civil claim to any criminal defendant, and a violation
213 of this section may not be grounds for the suppression of
214 evidence in any criminal case.
215 Section 34. Section 790.336, Florida Statutes, is amended
216 to read:
217 790.336 Lists, records, or registries to be destroyed.—Any
218 list, record, or registry maintained or under construction on
219 the effective date of this act shall be destroyed, unless
220 prohibited by law, within 60 calendar days after this act
221 becomes law. Thereafter, failure to destroy any such list,
222 record, or registry may result in prosecution under this act.
223 Section 35. Section 790.339, Florida Statutes, is created
224 to read:
225 790.339 Registration of firearms.—
226 (1) It is the intent of the Legislature to keep our
227 communities and schools safe. The Legislature believes that a
228 step toward that objective is knowing who owns a firearm in our
229 state and knowing the quantity and type of firearms owned by
230 each person.
231 (2) The Department of Law Enforcement shall implement and
232 administer a registry of all firearms sold in the state through
233 a licensed importer, licensed manufacturer, or licensed dealer
234 and create procedures through which such firearm sellers must
235 report to the department, on a form approved by the department,
236 the following information related to the sale, including, but
237 not limited to:
238 (a) The buyer’s and seller’s full legal names.
239 (b) The seller’s business name and business address.
240 (c) The driver license or identification card number of the
241 buyer.
242 (d) The date and time of the sale.
243 (e) The serial number of the firearm.
244 (f) The make and model of the firearm.
245 (3) The Department of Law Enforcement shall adopt rules to
246 administer this section.
247 Section 36. Paragraph (b) of subsection (5) and paragraph
248 (b) of subsection (9) of section 409.175, Florida Statutes, are
249 amended to read:
250 409.175 Licensure of family foster homes, residential
251 child-caring agencies, and child-placing agencies; public
252 records exemption.—
253 (5)
254 (b) The requirements for the licensure and operation of a
255 child-placing agency shall also include compliance with the
256 requirements of s. 63.0422 ss. 63.0422 and 790.335.
257 (9)
258 (b) Any of the following actions by a home or agency or its
259 personnel is a ground for denial, suspension, or revocation of a
260 license:
261 1. An intentional or negligent act materially affecting the
262 health or safety of children in the home or agency.
263 2. A violation of the provisions of this section or of
264 licensing rules promulgated pursuant to this section.
265 3. Noncompliance with the requirements for good moral
266 character as specified in paragraph (5)(a).
267 4. Failure to dismiss personnel found in noncompliance with
268 requirements for good moral character.
269 5. Failure to comply with the requirements of s. 63.0422
270 ss. 63.0422 and 790.335.
271 Section 37. Paragraph (a) of subsection (6) of section
272 790.0625, Florida Statutes, is amended to read:
273 790.0625 Appointment of tax collectors to accept
274 applications for a concealed weapon or firearm license; fees;
275 penalties.—
276 (6)(a) A tax collector appointed under this section may not
277 maintain a list or record of persons who apply for or are
278 granted a new or renewal license to carry a concealed weapon or
279 firearm. A tax collector who violates this paragraph commits a
280 felony of the third degree, punishable as provided in s. 775.082
281 or s. 775.083 violation of this paragraph is subject to s.
282 790.335.
283
284 ================= T I T L E A M E N D M E N T ================
285 And the title is amended as follows:
286 Delete lines 2720 - 2725
287 and insert:
288 purposes; reenacting s. 397.6760(2), F.S., relating to
289 the confidentiality of court records, to incorporate
290 the amendment made to s. 790.065, F.S., in a reference
291 thereto; repealing s. 790.335, F.S., relating to the
292 prohibition of registration of firearms and the
293 treatment of electronic records; repealing s. 790.336,
294 F.S., relating to lists, records, or registries
295 required to be destroyed; creating s. 790.339, F.S.;
296 providing legislative intent; requiring the Department
297 of Law Enforcement to implement and administer a
298 firearms registry of all firearms sold in the state
299 through a licensed importer, a licensed manufacturer,
300 or a licensed dealer; requiring the department to
301 create procedures through which such firearm sellers
302 must report, on a form approved by the department,
303 specified information; requiring the department to
304 adopt rules; amending ss. 409.175 and 790.0625, F.S.;
305 conforming provisions to changes made by the act;
306 requiring the Department of Agriculture and