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





                                                  SENATE AMENDMENT

    Bill No. HB 391

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, line 10,

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16  insert:

17         Section 1.  Subsection (14) of section 790.065, Florida

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

19  Florida, is amended to read:

20         790.065  Sale and delivery of firearms.--

21         (14)  This section is repealed effective October 1,

22  2000 1999. Before the scheduled repeal, the Office of Program

23  Policy Analysis and Government Accountability shall initiate a

24  review of the program established by this section and its

25  relationship with the federal firearms purchase criminal

26  history check system to determine whether the program should

27  be terminated, be modified, or continue unchanged.

28  Recommendations based on that review shall be submitted to the

29  Legislature and a copy submitted to the department no later

30  than December 31, 1999.

31         Section 2.  Subsection (1) of section 790.065, Florida

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                                                  SENATE AMENDMENT

    Bill No. HB 391

    Amendment No.    





 1  Statutes, 1998 Supplement, is amended to read:

 2         790.065  Sale and delivery of firearms.--

 3         (1)  A licensed importer, licensed manufacturer, or

 4  licensed dealer may not sell or deliver from her or his

 5  inventory at her or his licensed premises any firearm to

 6  another person, other than a licensed importer, licensed

 7  manufacturer, licensed dealer, or licensed collector, until

 8  she or he has:

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

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

11  Department of Law Enforcement and provided by the licensed

12  importer, licensed manufacturer, or licensed dealer, which

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

14  social security number or other identification number of such

15  potential buyer or transferee and has inspected proper

16  identification including an identification containing a

17  photograph of the potential buyer or transferee.

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

19  processing the criminal history check of the potential buyer.

20  The fee shall be established by the Department of Law

21  Enforcement and may not exceed $8 per transaction. The

22  Department of Law Enforcement may reduce, or suspend

23  collection of, the fee to reflect payment received from the

24  Federal Government applied to the cost of maintaining the

25  criminal history check system established by this section as a

26  means of facilitating or supplementing the National Instant

27  Criminal Background Check System. The Department of Law

28  Enforcement shall, by rule, establish procedures for the fees

29  to be transmitted by the licensee to the Department of Law

30  Enforcement. All such fees shall be deposited into the

31  Department of Law Enforcement Operating Trust Fund, but shall

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                                                  SENATE AMENDMENT

    Bill No. HB 391

    Amendment No.    





 1  be segregated from all other funds deposited into such trust

 2  fund and must be accounted for separately.  Such segregated

 3  funds must not be used for any purpose other than the

 4  operation of the criminal history checks required by this

 5  section. The Department of Law Enforcement, each year prior to

 6  February 1, shall make a full accounting of all receipts and

 7  expenditures of such funds to the President of the Senate, the

 8  Speaker of the House of Representatives, the majority and

 9  minority leaders of each house of the Legislature, and the

10  chairs of the appropriations committees of each house of the

11  Legislature.  In the event that the cumulative amount of funds

12  collected exceeds the cumulative amount of expenditures by

13  more than $2.5 million, excess funds may be used for the

14  purpose of purchasing soft body armor for law enforcement

15  officers.

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

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

18  information as reported and reflected in the Florida Crime

19  Information Center and National Crime Information Center

20  systems as of the date of the request.

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

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

23  and such number on the consent form.

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

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

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

28  holds an active certification from the Criminal Justice

29  Standards and Training Commission as a "law enforcement

30  officer," a "correctional officer," or a "correctional

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

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                                                  SENATE AMENDMENT

    Bill No. HB 391

    Amendment No.    





 1  (7), (8), or (9), the provisions of this subsection do not

 2  apply.

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 4  (Redesignate subsequent sections.)

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 6

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

 8  And the title is amended as follows:

 9         On page 1, lines 2 and 3, delete those lines

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11  and insert:

12         An act relating to the Department of Law

13         Enforcement; amending s. 790.065, F.S.,

14         relating to the sale and delivery of firearms;

15         postponing the expiration of that section;

16         requiring a study and report by the Office of

17         Program Policy Analysis and Government

18         Accountability; providing for modification, or

19         suspension of collection, of fees for criminal

20         history checks; amending s. 943.053, F.S.;

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