CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5 ORIGINAL STAMP BELOW
6
7
8
9
10
11 Representative(s) Miller offered the following:
12
13 Amendment (with title amendment)
14 On page 1,
15 remove from the bill: everything after the enacting clause
16
17 and insert in lieu thereof:
18 Section 1. Subsections (1), (2), (3), (4), (5), (7),
19 (9), (10) and (12) of section 790.065, Florida Statutes, are
20 amended to read:
21 790.065 Sale and delivery of firearms.--
22 (1) No person licensed importer, licensed
23 manufacturer, or licensed dealer shall sell or deliver from or
24 to a place to which the public has the right of access her or
25 his inventory at her or his licensed premises any firearm to
26 another person, other than a licensed importer, licensed
27 manufacturer, licensed dealer, or licensed collector, until
28 she or he has:
29 (a) Obtained a completed form from the potential buyer
30 or transferee, which form shall have been promulgated by the
31 Department of Law Enforcement and provided by the seller or
1
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 transferor licensed importer, licensed manufacturer, or
2 licensed dealer, which shall include the name, date of birth,
3 gender, race, and social security number or other
4 identification number of such potential buyer or transferee
5 and has inspected proper identification including an
6 identification containing a photograph of the potential buyer
7 or transferee.
8 (b) Collected a fee from the potential buyer for
9 processing the criminal history check of the potential buyer.
10 The fee shall be $8. The Department of Law Enforcement shall,
11 by rule, establish procedures for the fees to be transmitted
12 by the licensee to the Department of Law Enforcement. All such
13 fees shall be deposited into the Department of Law Enforcement
14 Operating Trust Fund, but shall be segregated from all other
15 funds deposited into such trust fund and must be accounted for
16 separately. Such segregated funds must not be used for any
17 purpose other than the operation of the criminal history
18 checks required by this section. The Department of Law
19 Enforcement, each year prior to February 1, shall make a full
20 accounting of all receipts and expenditures of such funds to
21 the President of the Senate, the Speaker of the House of
22 Representatives, the majority and minority leaders of each
23 house of the Legislature, and the chairs of the appropriations
24 committees of each house of the Legislature. In the event
25 that the cumulative amount of funds collected exceeds the
26 cumulative amount of expenditures by more than $2.5 million,
27 excess funds may be used for the purpose of purchasing soft
28 body armor for law enforcement officers.
29 (c) Requested, by means of a toll-free telephone call,
30 the Department of Law Enforcement to conduct a check of the
31 information as reported and reflected in the Florida Crime
2
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 Information Center and National Crime Information Center
2 systems as of the date of the request.
3 (d) Received a unique approval number for that inquiry
4 from the Department of Law Enforcement, and recorded the date
5 and such number on the consent form.
6
7 However, if the person purchasing, or receiving delivery of,
8 the firearm is a holder of a valid concealed weapons or
9 firearms license pursuant to the provisions of s. 790.06 or
10 holds an active certification from the Criminal Justice
11 Standards and Training Commission as a "law enforcement
12 officer," a "correctional officer," or a "correctional
13 probation officer" as defined in s. 943.10(1), (2), (3), (6),
14 (7), (8), or (9), the provisions of this subsection do not
15 apply.
16 (2) Upon receipt of a request for a criminal history
17 record check, the Department of Law Enforcement shall, during
18 the seller or transferor's licensee's call or by return call,
19 forthwith:
20 (a) Review criminal history records to determine if
21 the potential buyer or transferee has been convicted of a
22 felony and is prohibited from receipt or possession of a
23 firearm pursuant to s. 790.23 or has had adjudication of guilt
24 withheld or imposition of sentence suspended on any felony
25 unless 3 years have elapsed since probation or any other
26 conditions set by the court have been fulfilled or expunction
27 has occurred.
28 (b) Inform the seller or transferor licensee making
29 the inquiry either that records demonstrate that the buyer or
30 transferee is so prohibited and provide the seller or
31 transferor licensee with a nonapproval number, or provide the
3
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 seller or transferorlicensee with a unique approval number.
2 (c)1. Review any records available to it to determine
3 whether the potential buyer or transferee has been indicted or
4 has had an information filed against her or him for an offense
5 that is a felony under either state or federal law, or, as
6 mandated by federal law, has had an injunction for protection
7 against domestic violence entered against the potential buyer
8 or transferee under s. 741.30, has had an injunction for
9 protection against repeat violence entered against the
10 potential buyer or transferee under s. 784.046, or has been
11 arrested for a dangerous crime as specified in s.
12 907.041(4)(a) or for any of the following enumerated offenses:
13 a. Criminal anarchy under ss. 876.01 and 876.02.
14 b. Extortion under s. 836.05.
15 c. Explosives violations under s. 552.22(1) and (2).
16 d. Controlled substances violations under chapter 893.
17 e. Resisting an officer with violence under s. 843.01.
18 f. Weapons and firearms violations under this chapter.
19 g. Treason under s. 876.32.
20 h. Assisting self-murder under s. 782.08.
21 i. Sabotage under s. 876.38.
22 j. Stalking or aggravated stalking under s. 784.048.
23
24 If the review indicates any such indictment, information, or
25 arrest, the department shall provide to the seller or
26 transferor licensee a conditional nonapproval number.
27 2. Within 24 working hours, the department shall
28 determine the disposition of the indictment, information, or
29 arrest and inform the seller or transferor licensee as to
30 whether the potential buyer is prohibited from receiving or
31 possessing a firearm. For purposes of this paragraph,
4
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 "working hours" means the hours from 8 a.m. to 5 p.m. Monday
2 through Friday, excluding legal holidays.
3 3. The office of the clerk of court, at no charge to
4 the department, shall respond to any department request for
5 data on the disposition of the indictment, information, or
6 arrest as soon as possible, but in no event later than 8
7 working hours.
8 4. The department shall determine as quickly as
9 possible within the allotted time period whether the potential
10 buyer is prohibited from receiving or possessing a firearm.
11 5. If the potential buyer is not so prohibited, the
12 department shall provide the seller or transferor licensee
13 with a conditional approval number.
14 6. If the department cannot determine the disposition
15 information within the allotted time, or if the department
16 cannot determine compliance with s. 741.30, the time
17 limitation prescribed by this section shall be suspended until
18 receipt of the final disposition of proof of restoration of
19 civil and firearm rights the department shall provide the
20 licensee with a conditional approval number.
21 7. If the buyer is so prohibited, the conditional
22 nonapproval number shall become a nonapproval number.
23 8. The department shall continue its attempts to
24 obtain the disposition information and may retain a record of
25 all approval numbers granted without sufficient disposition
26 information. If the department later obtains disposition
27 information which indicates:
28 a. That the potential buyer is not prohibited from
29 owning a firearm, it shall provide the seller or transferor
30 with a unique approval number and shall treat the record of
31 the transaction in accordance with this section; or
5
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 b. That the potential buyer is prohibited from owning
2 a firearm, it shall provide the seller or transferor with a
3 nonapproval number immediately revoke the conditional approval
4 number and notify local law enforcement.
5 9. During the time that disposition of the indictment,
6 information, or arrest is pending and until the department is
7 notified by the potential buyer that there has been a final
8 disposition of the indictment, information, or arrest, the
9 conditional nonapproval number shall remain in effect.
10 (3) In the event of scheduled computer downtime,
11 electronic failure, or similar emergency beyond the control of
12 the Department of Law Enforcement, the department shall
13 immediately notify the seller or transferor licensee of the
14 reason for, and estimated length of, such delay. After such
15 notification, the department shall forthwith, and in no event
16 later than the end of the next business day of the licensee,
17 either inform the requesting seller or transferor licensee if
18 its records demonstrate that the buyer or transferee is
19 prohibited from receipt or possession of a firearm pursuant to
20 Florida and Federal law or provide the seller or transferor
21 licensee with a unique approval number. Unless notified by the
22 end of said next business day that the buyer or transferee is
23 so prohibited, and without regard to whether she or he has
24 received a unique approval number, the seller or transferor
25 licensee may complete the sale or transfer and shall not be
26 deemed in violation of this section with respect to such sale
27 or transfer.
28 (4)(a) Any records containing any of the information
29 set forth in subsection (1) pertaining to a buyer or
30 transferee who is not found to be prohibited from receipt or
31 transfer of a firearm by reason of Florida and federal law
6
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 which records are created by the Department of Law Enforcement
2 to conduct the criminal history record check shall be
3 confidential and exempt from the provisions of s. 119.07(1)
4 and may not be disclosed by the Department of Law Enforcement
5 or any officer or employee thereof to any person or to another
6 agency. The Department of Law Enforcement shall destroy any
7 such records forthwith after it communicates the approval and
8 nonapproval numbers to the seller or transferor licensee and,
9 in any event, such records shall be destroyed within 48 hours
10 after the day of the response to the seller's or transferor's
11 licensee's request.
12 (b) Notwithstanding the provisions of this subsection,
13 the Department of Law Enforcement may maintain records of NCIC
14 transactions to the extent required by the Federal Government,
15 and may maintain a log of dates of requests for criminal
16 history records checks, unique approval and nonapproval
17 numbers, license identification numbers, and transaction
18 numbers corresponding to such dates for a period of not longer
19 than 2 years or as otherwise required by law.
20 (c) Nothing in this chapter shall be construed to
21 allow the State of Florida to maintain records containing the
22 names of purchasers or transferees who receive unique approval
23 numbers or to maintain records of firearm transactions.
24 (d) Any officer or employee, or former officer or
25 employee of the Department of Law Enforcement or law
26 enforcement agency who intentionally and maliciously violates
27 the provisions of this subsection commits a felony of the
28 third degree punishable as provided in s. 775.082 or s.
29 775.083.
30 (5) The Department of Law Enforcement shall establish
31 a toll-free telephone number which shall be operational 7 days
7
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 a week with the exception of Christmas Day and New Year's Day,
2 for a period of 12 hours a day beginning at 9 a.m. and ending
3 at 9 p.m., for purposes of responding to inquiries as
4 described in this section from sellers or transferors.
5 licensed manufacturers, licensed importers, and licensed
6 dealers. The Department of Law Enforcement shall employ and
7 train such personnel as are necessary expeditiously to
8 administer the provisions of this section.
9 (6) Any person who is denied the right to receive or
10 purchase a firearm as a result of the procedures established
11 by this section may request a criminal history records review
12 and correction in accordance with the rules promulgated by the
13 Department of Law Enforcement.
14 (7) It shall be unlawful for any seller or transferor
15 to licensed dealer, licensed manufacturer, or licensed
16 importer willfully and intentionally to request criminal
17 history record information under false pretenses, or to
18 willfully and intentionally to disseminate criminal history
19 record information to any person other than the subject of
20 such information. Any person convicted of a violation of this
21 subsection commits a felony of the third degree punishable as
22 provided in s. 775.082 or s. 775.083.
23 (8) The Department of Law Enforcement shall promulgate
24 regulations to ensure the identity, confidentiality, and
25 security of all records and data provided pursuant to this
26 section.
27 (9) This section shall become effective at such time
28 as the Department of Law Enforcement has notified all licensed
29 importers, licensed manufacturers, and licensed dealers in
30 writing that the procedures and toll-free number described in
31 this section are operational. This section shall remain in
8
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 effect only during such times as the procedures described in
2 subsection (2) remain operational.
3 (10) A seller or transferor licensed importer,
4 licensed manufacturer, or licensed dealer is not required to
5 comply with the requirements of this section in the event of:
6 (a) Unavailability of telephone service at the
7 licensed premises due to the failure of the entity which
8 provides telephone service in the state, region, or other
9 geographical area in which the sale or delivery of the firearm
10 occurred licensee is located to provide telephone service to
11 the premises of the licensee due to the location of said
12 premises; or due to the interruption of telephone service by
13 reason of hurricane, tornado, flood, natural disaster, or
14 other act of God, war, invasion, insurrection, riot, or other
15 bona fide emergency, or other reason beyond the control of the
16 licensee; or
17 (b) Failure of the Department of Law Enforcement to
18 comply with the requirements of subsections (2) and (3).
19 (11) Compliance with the provisions of this chapter
20 shall be a complete defense to any claim or cause of action
21 under the laws of any state for liability for damages arising
22 from the importation or manufacture, or the subsequent sale or
23 transfer to any person who has been convicted in any court of
24 a crime punishable by imprisonment for a term exceeding 1
25 year, of any firearm which has been shipped or transported in
26 interstate or foreign commerce. The Department of Law
27 Enforcement, its agents and employees shall not be liable for
28 any claim or cause of action under the laws of any state for
29 liability for damages arising from its actions in lawful
30 compliance with this section.
31 (12)(a) Any potential buyer or transferee who
9
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 willfully and knowingly provides false information or false or
2 fraudulent identification commits a felony of the third degree
3 punishable as provided in s. 775.082 or s. 775.083.
4 (b) Any seller or transferor licensed importer,
5 licensed manufacturer, or licensed dealer who violates the
6 provisions of subsection (1) commits a felony of the third
7 degree punishable as provided in s. 775.082 or s. 775.083.
8 (c) Any employee or agency of a seller or transferor
9 licensed importer, licensed manufacturer, or licensed dealer
10 who violates the provisions of subsection (1) commits a felony
11 of the third degree punishable as provided in s. 775.082 or s.
12 775.083.
13 (d) Any person who knowingly acquires a firearm
14 through purchase or transfer intended for the use of a person
15 who is prohibited by state or federal law from possessing or
16 receiving a firearm commits a felony of the third degree,
17 punishable as provided in s. 775.082 or s. 775.083.
18 (13) This section does not apply to employees of
19 sheriff's offices, municipal police departments, correctional
20 facilities or agencies, or other criminal justice or
21 governmental agencies when the purchases or transfers are made
22 on behalf of an employing agency for official law enforcement
23 purposes.
24 Section 2. Subsection (13) of s. 790.065, Florida
25 Statutes, as created by chapter 89-191, Laws of Florida, is
26 hereby repealed.
27 Section 3. Subsection (14) of s. 790.065, Florida
28 Statutes, as created by chapter 93-197, Laws of Florida is
29 hereby repealed.
30 Section 4. Section 3 of chapter 90-316, Laws of
31 Florida, is hereby repealed.
10
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 Section 5. Subsections (1) and (3) of section
2 790.0655, Florida Statutes, are amended to read:
3 790.0655 Purchase and delivery of handguns; mandatory
4 waiting period; exceptions; penalties.--
5 (1)(a) There shall be a mandatory 3-day waiting
6 period, which shall be 3 days, excluding weekends and legal
7 holidays, between the purchase and the delivery at retail of
8 any handgun when either the purchase or delivery occurs on
9 property to which the public has the right of access.
10 "Purchase" means the transfer of money or other valuable
11 consideration to the seller or transferor by any person,
12 other than a licensed importer, licensed manufacturer,
13 licensed dealer or licensed collector retailer. "Handgun"
14 means a firearm capable of being carried and used by one hand,
15 such as a pistol or revolver. "Retailer" means and includes
16 every person engaged in the business of making sales at retail
17 or for distribution, or use, or consumption, or storage to be
18 used or consumed in this state, as defined in s. 212.02(14).
19 (b) Records of handgun sales must be available for
20 inspection by any law enforcement agency, as defined in s.
21 934.02, during normal business hours.
22 (2) The 3-day waiting period shall not apply in the
23 following circumstances:
24 (a) When a handgun is being purchased by a holder of a
25 concealed weapons permit as defined in s. 790.06.
26 (b) To a trade-in of another handgun.
27 (3) It is a felony of the third degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084:
29 (a) For any seller or transferor retailer, or any
30 employee or agent of a seller or transferor retailer, to
31 deliver a handgun before the expiration of the 3-day waiting
11
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 period, subject to the exceptions provided in subsection (2).
2 (b) For a purchaser to obtain delivery of a handgun by
3 fraud, false pretense, or false representation.
4 Section 6. Subsection (2) of section 790.33, Florida
5 Statutes, is amended to read:
6 790.33 Field of regulation of firearms and ammunition
7 preempted.--
8 (1) PREEMPTION.--Except as expressly provided by
9 general law, the Legislature hereby declares that it is
10 occupying the whole field of regulation of firearms and
11 ammunition, including the purchase, sale, transfer, taxation,
12 manufacture, ownership, possession, and transportation
13 thereof, to the exclusion of all existing and future county,
14 city, town, or municipal ordinances or regulations relating
15 thereto. Any such existing ordinances are hereby declared
16 null and void. This subsection shall not affect zoning
17 ordinances which encompass firearms businesses along with
18 other businesses. Zoning ordinances which are designed for
19 the purpose of restricting or prohibiting the sale, purchase,
20 transfer, or manufacture of firearms or ammunition as a method
21 of regulating firearms or ammunition are in conflict with this
22 subsection and are prohibited.
23 (2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD
24 ORDINANCES.--
25 (a) Any county may have the option to adopt a
26 waiting-period ordinance requiring a waiting period of up to,
27 but not less than to exceed, 3 working days nor more than 5
28 working days between the purchase and delivery of a firearm
29 handgun. For purposes of this subsection, the term "sale"
30 means the transfer of money or other valuable consideration
31 for any firearm when any part of the transaction is conducted
12
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 on property to which the public has a right of access. For
2 purposes of this subsection, "purchase" means payment of
3 deposit, payment in full, or notification of intent to
4 purchase. Adoption of a waiting-period ordinance, by any
5 county, shall require a majority vote of the county commission
6 on votes on waiting-period ordinances. This exception is
7 limited solely to individual counties and is limited to the
8 provisions and restrictions contained in this subsection.
9 (b) Ordinances authorized by this subsection shall
10 apply to all sales of firearms handguns to individuals by any
11 person a retail establishment except those sales to
12 individuals exempted in this subsection. For purposes of this
13 subsection, "retail establishment" means a gun shop, sporting
14 goods store, pawn shop, hardware store, department store,
15 discount store, bait or tackle shop, or any other store or
16 shop that offers handguns for walk-in retail sale, but does
17 not include gun collectors shows or exhibits, or gun shows.
18 (c) Ordinances authorized by this subsection shall not
19 require any reporting or notification to any source other than
20 the seller or transferor outside the retail establishment, but
21 records of firearmhandgun sales must be available for
22 inspection, during normal business hours, by any law
23 enforcement agency as defined in s. 934.02.
24 (d) The following shall be exempt from any waiting
25 period:
26 1. Individuals who are licensed to carry concealed
27 firearms under the provisions of s. 790.06 or who are licensed
28 to carry concealed firearms under any other provision of state
29 law and who show a valid license;
30 2. Individuals who already lawfully own another
31 firearm and who show a sales receipt for another firearm; who
13
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 are known to own another firearm through a prior purchase from
2 the retail establishment; or who have another firearm for
3 trade-in;
4 2. 3. A law enforcement or correctional officer as
5 defined in s. 943.10;
6 3. 4. A law enforcement agency as defined in s.
7 934.02;
8 4. 5. Sales or transactions between dealers or between
9 distributors or between dealers and distributors who have
10 current federal firearms licenses; or
11 5. 6. Any individual who has been threatened or whose
12 family has been threatened with death or bodily injury,
13 provided the individual may lawfully possess a firearm and
14 provided such threat has been duly reported to local law
15 enforcement.
16 (3) POLICY AND INTENT.--
17 (a) It is the intent of this section to provide
18 uniform firearms laws in the state; to declare all ordinances
19 and regulations null and void which have been enacted by any
20 jurisdictions other than state and federal, which regulate
21 firearms, ammunition, or components thereof; to prohibit the
22 enactment of any future ordinances or regulations relating to
23 firearms, ammunition, or components thereof unless
24 specifically authorized by this section or general law; and to
25 require local jurisdictions to enforce state firearms laws.
26 (b) As created by chapter 87-23, Laws of Florida, this
27 section shall be known and may be cited as the "Joe Carlucci
28 Uniform Firearms Act."
29 Section 7. This act shall take effect upon becoming
30 a law.
31
14
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153
HOUSE AMENDMENT
Bill No. HB 4453
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, lines 2 - 7
4 remove from the title of the bill: all of said lines
5
6 and insert in lieu thereof:
7 An act relating to firearm sales; amending s.
8 790.065, sale and delivery of firearms;
9 repealing s. 790.065(13), F.S., as created by
10 chapter 89-191, Laws of Florida; nullifying the
11 scheduled repeal of s. 790.065, F.S., on the
12 effective date of federal law which provides
13 access to national criminal history information
14 and requires national criminal history checks
15 on potential buyers or transferees on firearms;
16 repealing s. 790.065(14), F.S., as created by
17 chapter 93-197, Laws of Florida; nullifying the
18 scheduled repeal of s. 790.065, F.S., on
19 October 1, 1999; repealing s. 3, ch. 90-316,
20 Laws of Florida, which provides that ch.
21 90-316, Laws of Florida, shall not be construed
22 to nullify the expiration of s. 790.065, F.S.,
23 provided for in ch. 89-191, Laws of Florida;
24 amending s. 790.0655, F.S., purchase and
25 delivery of handguns; mandatory waiting period;
26 exceptions; penalties; amending s. 790.33,
27 field of regulation of firearms and ammunition
28 preempted; providing an effective date.
29
30
31
15
File original & 9 copies 04/23/98
hmo0008 08:36 am 04453-0059-964153