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House Bill 2037

Florida House of Representatives - 1997 HB 2037 By the Committee on Law Enforcement & Public Safety and Representative Futch 1 A bill to be entitled 2 An act relating to determination of residency 3 for regulatory purposes; amending s. 322.051, 4 F.S., relating to identification cards; 5 requiring that an applicant for an 6 identification card provide information 7 sufficient for the Department of Highway Safety 8 and Motor Vehicles to determine the applicant's 9 residency in the state; amending s. 322.08, 10 F.S.; requiring that an applicant for a 11 driver's license provide information sufficient 12 for the department to determine the applicant's 13 residency in the state; amending s. 790.065, 14 F.S.; prohibiting a licensed importer, licensed 15 manufacturer, or licensed dealer from selling 16 or delivering a firearm without having 17 determined that the potential buyer or 18 transferee is a resident of this state, under 19 certain circumstances; providing an effective 20 date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (1) of section 322.051, Florida 25 Statutes, 1996 Supplement, is amended to read: 26 322.051 Identification cards.-- 27 (1) Any person who is 12 years of age or older, or any 28 person who has a disability, regardless of age, who applies 29 for a disabled parking permit under s. 320.0848, may be issued 30 an identification card by the department upon completion of an 31 application and payment of an application fee. The 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2037 604-111-97 1 application must include the applicant's full name (first, 2 middle or maiden, and last), sex, race, residence address and 3 mailing address, proof of birth satisfactory to the 4 department, and other data that the department requires, 5 including information sufficient to determine residency in 6 this state. An application for an identification card must be 7 signed and verified by the applicant in a format designated by 8 the department before a person authorized to administer oaths. 9 The fee for an identification card is $3, including payment 10 for the color photograph or digital image of the applicant. 11 Section 2. Subsection (2) of section 322.08, Florida 12 Statutes, 1996 Supplement, is amended to read: 13 322.08 Application for license.-- 14 (2) Each such application shall reflect the 15 applicant's full name (first, middle or maiden, and last), 16 proof of identity satisfactory to the department, proof of 17 birth date satisfactory to the department, sex, social 18 security number, and residence and mailing address, and 19 information sufficient to determine residency in this state of 20 the applicant, and briefly describe the applicant, and shall 21 state whether the applicant has previously been licensed to 22 drive, and if so, when and by what state, and whether any such 23 license or driving privilege has ever been disqualified, 24 revoked, or suspended, or whether an application has ever been 25 refused, and if so, the date of and reason for such 26 disqualification, suspension, revocation, or refusal. 27 Section 3. Subsection (1) of section 790.065, Florida 28 Statutes, 1996 Supplement, is amended to read: 29 790.065 Sale and delivery of firearms.-- 30 (1) No licensed importer, licensed manufacturer, or 31 licensed dealer shall sell or deliver from his inventory at 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2037 604-111-97 1 his licensed premises any firearm to another person, other 2 than a licensed importer, licensed manufacturer, licensed 3 dealer, or licensed collector, until he has: 4 (a) Obtained a completed form from the potential buyer 5 or transferee, which form shall have been promulgated by the 6 Department of Law Enforcement and provided by the licensed 7 importer, licensed manufacturer, or licensed dealer, which 8 shall include the name, date of birth, gender, race, and 9 social security number or other identification number of such 10 potential buyer or transferee and has inspected proper 11 identification including an identification containing a 12 photograph of the potential buyer or transferee. 13 (b) Determined that the potential buyer or transferee 14 is a resident of this state. 15 (c)1. Collected a fee from the potential buyer for 16 processing the criminal history check of the potential buyer. 17 The fee shall be $8. The Department of Law Enforcement shall, 18 by rule, establish procedures for the fees to be transmitted 19 by the licensee to the Department of Law Enforcement. All such 20 fees shall be deposited into the Department of Law Enforcement 21 Operating Trust Fund, but shall be segregated from all other 22 funds deposited into such trust fund and must be accounted for 23 separately. Such segregated funds must not be used for any 24 purpose other than the operation of the criminal history 25 checks required by this section. The Department of Law 26 Enforcement, each year prior to February 1, shall make a full 27 accounting of all receipts and expenditures of such funds to 28 the President of the Senate, the Speaker of the House of 29 Representatives, the majority and minority leaders of each 30 house of the Legislature, and the chairs of the appropriations 31 committees of each house of the Legislature. In the event 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2037 604-111-97 1 that the cumulative amount of funds collected exceeds the 2 cumulative amount of expenditures by more than $2.5 million, 3 excess funds may be used for the purpose of purchasing soft 4 body armor for law enforcement officers. 5 2. For the 1995-1996 fiscal year only, if the 6 cumulative amount of funds collected exceeds the cumulative 7 amount of expenditures by more than $2.5 million, $1.5 million 8 of such excess funds may be transferred to the General Revenue 9 Fund. This subparagraph is repealed on July 1, 1996. 10 (d)(c) Requested, by means of a toll-free telephone 11 call, the Department of Law Enforcement to conduct a check of 12 the information as reported and reflected in the Florida Crime 13 Information Center and National Crime Information Center 14 systems as of the date of the request. 15 (e)(d) Received a unique approval number for that 16 inquiry from the Department of Law Enforcement, and recorded 17 the date and such number on the consent form. 18 19 However, if the person purchasing, or receiving delivery of, 20 the firearm is a holder of a valid concealed weapons or 21 firearms license pursuant to the provisions of s. 790.06 or 22 holds an active certification from the Criminal Justice 23 Standards and Training Commission as a "law enforcement 24 officer," a "correctional officer," or a "correctional 25 probation officer" as defined in s. 943.10(1), (2), (3), (6), 26 (7), (8), or (9), the provisions of this subsection do not 27 apply. 28 Section 4. This act shall take effect upon becoming a 29 law. 30 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2037 604-111-97 1 ***************************************** 2 HOUSE SUMMARY 3 Requires that an applicant for an identification card or 4 a driver's license provide information sufficient for the Department of Highway Safety and Motor Vehicles to 5 determine the applicant's residency in the state. 6 Prohibits a licensed importer, licensed manufacturer, or 7 licensed dealer from selling or delivering a firearm without having determined that the potential buyer or 8 transferee is a resident of this state, under certain circumstances. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5