House Bill 2037c2

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    Florida House of Representatives - 1998          CS/CS/HB 2037

        By the Committees on Transportation & Economic Development
    Appropriations, Governmental Operations, 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 specified proof of

  7         residency; requiring a statement on the card as

  8         to whether the applicant is a Florida resident;

  9         providing rule adoption authority; amending s.

10         322.08, F.S.; requiring that an applicant for a

11         driver's license provide specified proof of

12         residency; requiring a statement on the license

13         as to whether the applicant is a Florida

14         resident; providing rule adoption authority;

15         amending s. 790.065, F.S.; prohibiting a

16         licensed importer, licensed manufacturer, or

17         licensed dealer from selling or delivering a

18         firearm without having determined that the

19         potential buyer or transferee of a handgun is a

20         resident of this state, under certain

21         circumstances; providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsection (1) of section 322.051, Florida

26  Statutes, is amended to read:

27         322.051  Identification cards.--

28         (1)  Any person who is 12 years of age or older, or any

29  person who has a disability, regardless of age, who applies

30  for a disabled parking permit under s. 320.0848, may be issued

31  an identification card by the department upon completion of an

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    Florida House of Representatives - 1998          CS/CS/HB 2037

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  1  application and payment of an application fee.  The

  2  application must include the applicant's full name (first,

  3  middle or maiden, and last), sex, race, residence address and

  4  mailing address, proof of birth satisfactory to the

  5  department, and other data that the department requires. An

  6  application for an identification card must be signed and

  7  verified by the applicant in a format designated by the

  8  department before a person authorized to administer oaths. The

  9  fee for an identification card is $3, including payment for

10  the color photograph or digital image of the applicant. The

11  application must be accompanied by proof of residency, which

12  shall consist of one or more of the following documents:

13         (a)  A residential lease;

14         (b)  Title to real property;

15         (c)  Voter registration card;

16         (d)  Utility bills;

17         (e)  Employment records or paychecks;

18         (f)  A document similar in nature to a document

19  described in paragraph (a), (b), (c), (d), or (e); or

20         (g)  An identification card issued under this section,

21  or a license issued pursuant to s. 322.08, to the spouse of

22  the applicant or to the parent or legal guardian of an

23  applicant who is a minor.

24

25  The identification card shall state whether the applicant is a

26  Florida resident. The department may adopt rules regulating

27  the application for, or issuance of, identification cards

28  consistent with this section.

29         Section 2.  Subsection (2) of section 322.08, Florida

30  Statutes, is amended to read:

31         322.08  Application for license.--

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    Florida House of Representatives - 1998          CS/CS/HB 2037

    198-295-98






  1         (2)  Each such application shall reflect the

  2  applicant's full name (first, middle or maiden, and last),

  3  proof of identity satisfactory to the department, proof of

  4  birth date satisfactory to the department, sex, social

  5  security number, and residence and mailing address of the

  6  applicant, and briefly describe the applicant, and shall state

  7  whether the applicant has previously been licensed to drive,

  8  and if so, when and by what state, and whether any such

  9  license or driving privilege has ever been disqualified,

10  revoked, or suspended, or whether an application has ever been

11  refused, and if so, the date of and reason for such

12  disqualification, suspension, revocation, or refusal. The

13  application must be accompanied by proof of residency, which

14  shall consist of one or more of the following documents:

15         (a)  A residential lease;

16         (b)  Title to real property;

17         (c)  Voter registration card;

18         (d)  Utility bills;

19         (e)  Employment records or paychecks;

20         (f)  A document similar in nature to a document

21  described in paragraph (a), (b), (c), (d), or (e); or

22         (g)  An identification card issued pursuant to s.

23  322.051, or a license issued pursuant to this section, to the

24  spouse of the applicant or to the parent or legal guardian of

25  an applicant who is a minor.

26

27  The license shall state whether the applicant is a Florida

28  resident. The department may adopt rules regulating the

29  application for, or issuance of, licenses consistent with this

30  section.

31

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    Florida House of Representatives - 1998          CS/CS/HB 2037

    198-295-98






  1         Section 3.  Subsection (1) of section 790.065, Florida

  2  Statutes, is amended to read:

  3         790.065  Sale and delivery of firearms.--

  4         (1)  No licensed importer, licensed manufacturer, or

  5  licensed dealer shall sell or deliver from her or his

  6  inventory at her or his licensed premises any firearm to

  7  another person, other than a licensed importer, licensed

  8  manufacturer, licensed dealer, or licensed collector, until

  9  she or he has:

10         (a)  Obtained a completed form from the potential buyer

11  or transferee, which form shall have been promulgated by the

12  Department of Law Enforcement and provided by the licensed

13  importer, licensed manufacturer, or licensed dealer, which

14  shall include the name, date of birth, gender, race, and

15  social security number or other identification number of such

16  potential buyer or transferee and has inspected proper

17  identification including an identification containing a

18  photograph of the potential buyer or transferee.

19         (b)  Determined that the potential buyer or transferee

20  of a handgun is a resident of this state, as evidenced by

21  possession of a valid Florida driver's license or Florida

22  identification card, or other documentation recognized by

23  Florida law as proof of residency.

24         (c)  Collected a fee from the potential buyer for

25  processing the criminal history check of the potential buyer.

26  The fee shall be $8.  The Department of Law Enforcement shall,

27  by rule, establish procedures for the fees to be transmitted

28  by the licensee to the Department of Law Enforcement. All such

29  fees shall be deposited into the Department of Law Enforcement

30  Operating Trust Fund, but shall be segregated from all other

31  funds deposited into such trust fund and must be accounted for

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    Florida House of Representatives - 1998          CS/CS/HB 2037

    198-295-98






  1  separately.  Such segregated funds must not be used for any

  2  purpose other than the operation of the criminal history

  3  checks required by this section. The Department of Law

  4  Enforcement, each year prior to February 1, shall make a full

  5  accounting of all receipts and expenditures of such funds to

  6  the President of the Senate, the Speaker of the House of

  7  Representatives, the majority and minority leaders of each

  8  house of the Legislature, and the chairs of the appropriations

  9  committees of each house of the Legislature.  In the event

10  that the cumulative amount of funds collected exceeds the

11  cumulative amount of expenditures by more than $2.5 million,

12  excess funds may be used for the purpose of purchasing soft

13  body armor for law enforcement officers.

14         (d)(c)  Requested, by means of a toll-free telephone

15  call, the Department of Law Enforcement to conduct a check of

16  the information as reported and reflected in the Florida Crime

17  Information Center and National Crime Information Center

18  systems as of the date of the request.

19         (e)(d)  Received a unique approval number for that

20  inquiry from the Department of Law Enforcement, and recorded

21  the date and such number on the consent form.

22

23  However, if the person purchasing, or receiving delivery of,

24  the firearm is a holder of a valid concealed weapons or

25  firearms license pursuant to the provisions of s. 790.06 or

26  holds an active certification from the Criminal Justice

27  Standards and Training Commission as a "law enforcement

28  officer," a "correctional officer," or a "correctional

29  probation officer" as defined in s. 943.10(1), (2), (3), (6),

30  (7), (8), or (9), the provisions of this subsection do not

31  apply.

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    Florida House of Representatives - 1998          CS/CS/HB 2037

    198-295-98






  1         Section 4.  This act shall take effect April 1 of the

  2  year following the year in which enacted.

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