CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    

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10                                                                

11  Senator Silver moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, between lines 9 and 10,

15

16  insert:

17         Section 2.  Section 790.065, Florida Statutes, is

18  amended to read:

19         790.065  Sale and delivery of firearms.--

20         (1)  No person licensed importer, licensed

21  manufacturer, or licensed dealer shall sell or deliver from

22  her or his inventory at her or his licensed premises any

23  firearm to another person, other than a licensed importer,

24  licensed manufacturer, licensed dealer, or licensed collector,

25  until she or he has:

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

27  or transferee, which form shall have been prescribed

28  promulgated by the Department of Law Enforcement and provided

29  by the seller or transferor licensed importer, licensed

30  manufacturer, or licensed dealer, which shall include the

31  name, date of birth, gender, race, and social security number

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  or other identification number of such potential buyer or

 2  transferee and has inspected proper identification including

 3  an identification containing a photograph of the potential

 4  buyer or transferee.

 5         (b)  Collected a fee from the potential buyer for

 6  processing the criminal history check of the potential buyer.

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

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

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

10  fees shall be deposited into the Department of Law Enforcement

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

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

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

14  purpose other than the operation of the criminal history

15  checks required by this section. The Department of Law

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

17  accounting of all receipts and expenditures of such funds to

18  the President of the Senate, the Speaker of the House of

19  Representatives, the majority and minority leaders of each

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

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

22  that the cumulative amount of funds collected exceeds the

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

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

25  body armor for law enforcement officers.

26         (c)  Requested, by means of a toll-free telephone call,

27  the Department of Law Enforcement to conduct a check of the

28  information as reported and reflected in the Florida Crime

29  Information Center and National Crime Information Center

30  systems as of the date of the request.

31         (d)  Received a unique approval number for that inquiry

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  from the Department of Law Enforcement, and recorded the date

 2  and such number on the consent form.

 3

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

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

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

 7  holds an active certification from the Criminal Justice

 8  Standards and Training Commission as a "law enforcement

 9  officer," a "correctional officer," or a "correctional

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

11  (7), (8), or (9), the provisions of this subsection do not

12  apply.

13         (2)  Upon receipt of a request for a criminal history

14  record check, the Department of Law Enforcement shall, during

15  the seller's or transferor's licensee's call or by return

16  call, forthwith:

17         (a)  Review criminal history records to determine if

18  the potential buyer or transferee has been convicted of a

19  felony and is prohibited from receipt or possession of a

20  firearm pursuant to s. 790.23 or has had adjudication of guilt

21  withheld or imposition of sentence suspended on any felony

22  unless 3 years have elapsed since probation or any other

23  conditions set by the court have been fulfilled or expunction

24  has occurred.

25         (b)  Inform the seller or transferor licensee making

26  the inquiry either that records demonstrate that the buyer or

27  transferee is so prohibited and provide the seller or

28  transferor licensee a nonapproval number, or provide the

29  seller or transferor licensee with a unique approval number.

30         (c)1.  Review any records available to it to determine

31  whether the potential buyer or transferee has been indicted or

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  has had an information filed against her or him for an offense

 2  that is a felony under either state or federal law, or, as

 3  mandated by federal law, has had an injunction for protection

 4  against domestic violence entered against the potential buyer

 5  or transferee under s. 741.30, has had an injunction for

 6  protection against repeat violence entered against the

 7  potential buyer or transferee under s. 784.046, or has been

 8  arrested for a dangerous crime as specified in s.

 9  907.041(4)(a) or for any of the following enumerated offenses:

10         a.  Criminal anarchy under ss. 876.01 and 876.02.

11         b.  Extortion under s. 836.05.

12         c.  Explosives violations under s. 552.22(1) and (2).

13         d.  Controlled substances violations under chapter 893.

14         e.  Resisting an officer with violence under s. 843.01.

15         f.  Weapons and firearms violations under this chapter.

16         g.  Treason under s. 876.32.

17         h.  Assisting self-murder under s. 782.08.

18         i.  Sabotage under s. 876.38.

19         j.  Stalking or aggravated stalking under s. 784.048.

20

21  If the review indicates any such indictment, information, or

22  arrest, the department shall provide to the seller or

23  transferor licensee a conditional nonapproval number.

24         2.  Within 24 working hours, the department shall

25  determine the disposition of the indictment, information, or

26  arrest and inform the seller or transferor licensee as to

27  whether the potential buyer is prohibited from receiving or

28  possessing a firearm.  For purposes of this paragraph,

29  "working hours" means the hours from 8 a.m. to 5 p.m. Monday

30  through Friday, excluding legal holidays.

31         3.  The office of the clerk of court, at no charge to

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  the department, shall respond to any department request for

 2  data on the disposition of the indictment, information, or

 3  arrest as soon as possible, but in no event later than 8

 4  working hours.

 5         4.  The department shall determine as quickly as

 6  possible within the allotted time period whether the potential

 7  buyer is prohibited from receiving or possessing a firearm.

 8         5.  If the potential buyer is not so prohibited, or if

 9  the department cannot determine the disposition information

10  within the allotted time period, the department shall provide

11  the seller or transferor licensee with a conditional approval

12  number.

13         6.  If the department cannot determine the disposition

14  information within the allotted time, or if the department

15  cannot determine compliance with s. 741.30(4), the time

16  limitation prescribed by this section shall be suspended until

17  receipt of the final disposition or proof of restoration of

18  civil and firearm rights.

19         7.6.  If the buyer is so prohibited, the conditional

20  nonapproval number shall become a nonapproval number.

21         8.7.  The department shall continue its attempts to

22  obtain the disposition information and may retain a record of

23  all approval numbers granted without sufficient disposition

24  information.  If the department later obtains disposition

25  information that which indicates:

26         a.  That the potential buyer is not prohibited from

27  owning a firearm, it shall provide the seller or transferor

28  with a unique approval number and treat the record of the

29  transaction in accordance with this section; or

30         b.  That the potential buyer is prohibited from owning

31  a firearm, it shall provide the seller or transferor with a

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    Bill No. SB 2090

    Amendment No.    





 1  nonapproval immediately revoke the conditional approval number

 2  and notify local law enforcement.

 3         9.8.  During the time that disposition of the

 4  indictment, information, or arrest is pending and until the

 5  department is notified by the potential buyer that there has

 6  been a final disposition of the indictment, information, or

 7  arrest, the conditional nonapproval number shall remain in

 8  effect.

 9         (3)  In the event of scheduled computer downtime,

10  electronic failure, or similar emergency beyond the control of

11  the Department of Law Enforcement, the department shall

12  immediately notify the seller or transferor licensee of the

13  reason for, and estimated length of, such delay.  After such

14  notification, the department shall forthwith, and in no event

15  later than the end of the next business day of the licensee,

16  either inform the requesting seller or transferor licensee if

17  its records demonstrate that the buyer or transferee is

18  prohibited from receipt or possession of a firearm pursuant to

19  Florida and Federal law or provide the seller or transferor

20  licensee with a unique approval number. Unless notified by the

21  end of said next business day that the buyer or transferee is

22  so prohibited, and without regard to whether she or he has

23  received a unique approval number, the seller or transferor

24  licensee may complete the sale or transfer and shall not be

25  deemed in violation of this section with respect to such sale

26  or transfer.

27         (4)(a)  Any records containing any of the information

28  set forth in subsection (1) pertaining to a buyer or

29  transferee who is not found to be prohibited from receipt or

30  transfer of a firearm by reason of Florida and federal law

31  which records are created by the Department of Law Enforcement

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  to conduct the criminal history record check shall be

 2  confidential and exempt from the provisions of s. 119.07(1)

 3  and may not be disclosed by the Department of Law Enforcement

 4  or any officer or employee thereof to any person or to another

 5  agency. The Department of Law Enforcement shall destroy any

 6  such records forthwith after it communicates the approval and

 7  nonapproval numbers to the seller or transferor licensee and,

 8  in any event, such records shall be destroyed within 48 hours

 9  after the day of the response to the seller's or transferor's

10  licensee's request.

11         (b)  Notwithstanding the provisions of this subsection,

12  the Department of Law Enforcement may maintain records of NCIC

13  transactions to the extent required by the Federal Government,

14  and may maintain a log of dates of requests for criminal

15  history records checks, unique approval and nonapproval

16  numbers, license identification numbers, and transaction

17  numbers corresponding to such dates for a period of not longer

18  than 2 years or as otherwise required by law.

19         (c)  Nothing in this chapter shall be construed to

20  allow the State of Florida to maintain records containing the

21  names of purchasers or transferees who receive unique approval

22  numbers or to maintain records of firearm transactions.

23         (d)  Any officer or employee, or former officer or

24  employee of the Department of Law Enforcement or law

25  enforcement agency who intentionally and maliciously violates

26  the provisions of this subsection commits a felony of the

27  third degree punishable as provided in s. 775.082 or s.

28  775.083.

29         (5)  The Department of Law Enforcement shall establish

30  a toll-free telephone number which shall be operational 7 days

31  a week with the exception of Christmas Day and New Year's Day,

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 1  for a period of 12 hours a day beginning at 9 a.m. and ending

 2  at 9 p.m., for purposes of responding to inquiries as

 3  described in this section from sellers or transferors licensed

 4  manufacturers, licensed importers, and licensed dealers.  The

 5  Department of Law Enforcement shall employ and train such

 6  personnel as are necessary expeditiously to administer the

 7  provisions of this section.

 8         (6)  Any person who is denied the right to receive or

 9  purchase a firearm as a result of the procedures established

10  by this section may request a criminal history records review

11  and correction in accordance with the rules promulgated by the

12  Department of Law Enforcement.

13         (7)  It shall be unlawful for any seller or transferor

14  licensed dealer, licensed manufacturer, or licensed importer

15  willfully and intentionally to request criminal history record

16  information under false pretenses, or willfully and

17  intentionally to disseminate criminal history record

18  information to any person other than the subject of such

19  information.  Any person convicted of a violation of this

20  subsection commits a felony of the third degree punishable as

21  provided in s. 775.082 or s. 775.083.

22         (8)  The Department of Law Enforcement shall promulgate

23  regulations to ensure the identity, confidentiality, and

24  security of all records and data provided pursuant to this

25  section.

26         (9)  This section shall become effective at such time

27  as the Department of Law Enforcement has notified all licensed

28  importers, licensed manufacturers, and licensed dealers in

29  writing that the procedures and toll-free number described in

30  this section are operational. This section shall remain in

31  effect only during such times as the procedures described in

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 1  subsection (2) remain operational.

 2         (10)  A seller or transferor licensed importer,

 3  licensed manufacturer, or licensed dealer is not required to

 4  comply with the requirements of this section in the event of:

 5         (a)  Unavailability of telephone service at the

 6  licensed premises due to the failure of the entity which

 7  provides telephone service in the state, region, or other

 8  geographical area in which the sale or delivery of the firearm

 9  occurred licensee is located to provide telephone service to

10  the premises of the licensee due to the location of said

11  premises; or the interruption of telephone service by reason

12  of hurricane, tornado, flood, natural disaster, or other act

13  of God, war, invasion, insurrection, riot, or other bona fide

14  emergency, or other reason beyond the control of the licensee;

15  or

16         (b)  Failure of the Department of Law Enforcement to

17  comply with the requirements of subsections (2) and (3).

18         (11)  Compliance with the provisions of this chapter

19  shall be a complete defense to any claim or cause of action

20  under the laws of any state for liability for damages arising

21  from the importation or manufacture, or the subsequent sale or

22  transfer to any person who has been convicted in any court of

23  a crime punishable by imprisonment for a term exceeding 1

24  year, of any firearm which has been shipped or transported in

25  interstate or foreign commerce.  The Department of Law

26  Enforcement, its agents and employees shall not be liable for

27  any claim or cause of action under the laws of any state for

28  liability for damages arising from its actions in lawful

29  compliance with this section.

30         (12)(a)  Any potential buyer or transferee who

31  willfully and knowingly provides false information or false or

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 1  fraudulent identification commits a felony of the third degree

 2  punishable as provided in s. 775.082 or s. 775.083.

 3         (b)  Any seller or transferor licensed importer,

 4  licensed manufacturer, or licensed dealer who violates the

 5  provisions of subsection (1) commits a felony of the third

 6  degree punishable as provided in s. 775.082 or s. 775.083.

 7         (c)  Any employee or agency of a seller or transferor

 8  licensed importer, licensed manufacturer, or licensed dealer

 9  who violates the provisions of subsection (1) commits a felony

10  of the third degree punishable as provided in s. 775.082 or s.

11  775.083.

12         (d)  Any person who knowingly acquires a firearm

13  through purchase or transfer intended for the use of a person

14  who is prohibited by state or federal law from possessing or

15  receiving a firearm commits a felony of the third degree,

16  punishable as provided in s. 775.082 or s. 775.083.

17         (13)  This section does not apply to employees of

18  sheriff's offices, municipal police departments, correctional

19  facilities or agencies, or other criminal justice or

20  governmental agencies when the purchases or transfers are made

21  on behalf of an employing agency for official law enforcement

22  purposes.

23         Section 3.  Subsection (13) of section 790.065, Florida

24  Statutes, as created by section 1 of chapter 89-191, Laws of

25  Florida, and subsection (14) of section 790.065, Florida

26  Statutes, as created by section 1 of chapter 93-197, Laws of

27  Florida, are repealed.

28         Section 4.  Section 790.0655, Florida Statutes, is

29  amended to read:

30         790.0655  Purchase and delivery of handguns; mandatory

31  waiting period; exceptions; penalties.--

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1         (1)(a)  There shall be a mandatory 3-day waiting

 2  period, which shall be 3 days, excluding weekends and legal

 3  holidays, between the purchase and the delivery at retail of

 4  any handgun when either the purchase or delivery occurs on

 5  property to which the public has the right of access.

 6  "Purchase" means the transfer of money or other valuable

 7  consideration to the seller or transferor by another person,

 8  other than a licensed importer, licensed manufacturer,

 9  licensed dealer, or licensed collector retailer. "Handgun"

10  means a firearm capable of being carried and used by one hand,

11  such as a pistol or revolver. "Retailer" means and includes

12  every person engaged in the business of making sales at retail

13  or for distribution, or use, or consumption, or storage to be

14  used or consumed in this state, as defined in s. 212.02(14).

15         (b)  Records of handgun sales must be available for

16  inspection by any law enforcement agency, as defined in s.

17  934.02, during normal business hours.

18         (2)  The 3-day waiting period shall not apply in the

19  following circumstances:

20         (a)  When a handgun is being purchased by a holder of a

21  concealed weapons permit as defined in s. 790.06.

22         (b)  To a trade-in of another handgun.

23         (3)  It is a felony of the third degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084:

25         (a)  For any seller or transferor retailer, or any

26  employee or agent of a seller or transferor retailer, to

27  deliver a handgun before the expiration of the 3-day waiting

28  period, subject to the exceptions provided in subsection (2).

29         (b)  For a purchaser to obtain delivery of a handgun by

30  fraud, false pretense, or false representation.

31         Section 5.  Section 790.33, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  amended to read:

 2         790.33  Field of regulation of firearms and ammunition

 3  preempted.--

 4         (1)  PREEMPTION.--Except as expressly provided by

 5  general law, the Legislature hereby declares that it is

 6  occupying the whole field of regulation of firearms and

 7  ammunition, including the purchase, sale, transfer, taxation,

 8  manufacture, ownership, possession, and transportation

 9  thereof, to the exclusion of all existing and future county,

10  city, town, or municipal ordinances or regulations relating

11  thereto.  Any such existing ordinances are hereby declared

12  null and void.  This subsection shall not affect zoning

13  ordinances which encompass firearms businesses along with

14  other businesses.  Zoning ordinances which are designed for

15  the purpose of restricting or prohibiting the sale, purchase,

16  transfer, or manufacture of firearms or ammunition as a method

17  of regulating firearms or ammunition are in conflict with this

18  subsection and are prohibited.

19         (2)  LIMITED EXCEPTION; COUNTY WAITING-PERIOD

20  ORDINANCES.--

21         (a)  Any county may have the option to adopt a

22  waiting-period ordinance requiring a waiting period of up to,

23  but not less than to exceed, 3 working days no more than 5

24  working days between the purchase and delivery of a firearm

25  handgun.  For purposes of this subsection, "purchase" means

26  payment of deposit, payment in full, or notification of intent

27  to purchase.  As used in this subsection, the term "sale"

28  means the transfer of money or other valuable consideration

29  for any firearm when any part of the transaction is conducted

30  on property to which the public has the right of access.

31  Adoption of a waiting-period ordinance, by any county, shall

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    Bill No. SB 2090

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 1  require a majority vote of the county commission on votes on

 2  waiting-period ordinances.  This exception is limited solely

 3  to individual counties and is limited to the provisions and

 4  restrictions contained in this subsection.

 5         (b)  Ordinances authorized by this subsection shall

 6  apply to all sales of firearms handguns to individuals by any

 7  person a retail establishment except those sales to

 8  individuals exempted in this subsection.  For purposes of this

 9  subsection, "retail establishment" means a gun shop, sporting

10  goods store, pawn shop, hardware store, department store,

11  discount store, bait or tackle shop, or any other store or

12  shop that offers handguns for walk-in retail sale but does not

13  include gun collectors shows or exhibits, or gun shows.

14         (c)  Ordinances authorized by this subsection shall not

15  require any reporting or notification to any source other than

16  the seller or transferor outside the retail establishment, but

17  records of firearm handgun sales must be available for

18  inspection, during normal business hours, by any law

19  enforcement agency as defined in s. 934.02.

20         (d)  The following shall be exempt from any waiting

21  period:

22         1.  Individuals who are licensed to carry concealed

23  firearms under the provisions of s. 790.06 or who are licensed

24  to carry concealed firearms under any other provision of state

25  law and who show a valid license;

26         2.  Individuals who already lawfully own another

27  firearm and who show a sales receipt for another firearm; who

28  are known to own another firearm through a prior purchase from

29  the retail establishment; or who have another firearm for

30  trade-in;

31         2.3.  A law enforcement or correctional officer as

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 1  defined in s. 943.10;

 2         3.4.  A law enforcement agency as defined in s. 934.02;

 3         4.5.  Sales or transactions between dealers or between

 4  distributors or between dealers and distributors who have

 5  current federal firearms licenses; or

 6         5.6.  Any individual who has been threatened or whose

 7  family has been threatened with death or bodily injury,

 8  provided the individual may lawfully possess a firearm and

 9  provided such threat has been duly reported to local law

10  enforcement.

11         (3)  POLICY AND INTENT.--

12         (a)  It is the intent of this section to provide

13  uniform firearms laws in the state; to declare all ordinances

14  and regulations null and void which have been enacted by any

15  jurisdictions other than state and federal, which regulate

16  firearms, ammunition, or components thereof; to prohibit the

17  enactment of any future ordinances or regulations relating to

18  firearms, ammunition, or components thereof unless

19  specifically authorized by this section or general law; and to

20  require local jurisdictions to enforce state firearms laws.

21         (b)  As created by chapter 87-23, Laws of Florida, this

22  section shall be known and may be cited as the "Joe Carlucci

23  Uniform Firearms Act."

24

25  (Redesignate subsequent sections.)

26

27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 1, line 7, after the semicolon,

31

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  insert:

 2         amending ss. 790.065, 790.0655, 790.33, F.S.;

 3         regulating the sale and delivery of firearms;

 4         abrogating the future repeal of s. 790.065,

 5         F.S.;

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