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21         (14)  This section is repealed effective June 1, 2000

22  October 1, 1999.

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

24  Statutes, 1998 Supplement, is amended to read:

25         790.065  Sale and delivery of firearms.--

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

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

28  inventory at her or his licensed premises any firearm to

29  another person, other than a licensed importer, licensed

30  manufacturer, licensed dealer, or licensed collector, until

31  she or he has:

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                                                  SENATE AMENDMENT

    Bill No. HB 391

    Amendment No.    





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

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

 3  Department of Law Enforcement and provided by the licensed

 4  importer, licensed manufacturer, or licensed dealer, which

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

 6  social security number or other identification number of such

 7  potential buyer or transferee and has inspected proper

 8  identification including an identification containing a

 9  photograph of the potential buyer or transferee.

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

11  processing the criminal history check of the potential buyer.

12  The fee shall be established by the Department of Law

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

14  Department of Law Enforcement may reduce, or suspend

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

16  Federal Government applied to the cost of maintaining the

17  criminal history check system established by this section as a

18  means of facilitating or supplementing the National Instant

19  Criminal Background Check System. The Department of Law

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

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

22  Enforcement. All such fees shall be deposited into the

23  Department of Law Enforcement Operating Trust Fund, but shall

24  be segregated from all other funds deposited into such trust

25  fund and must be accounted for separately.  Such segregated

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

27  operation of the criminal history checks required by this

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

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

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

31  Speaker of the House of Representatives, the majority and

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                                                  SENATE AMENDMENT

    Bill No. HB 391

    Amendment No.    





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

 2  chairs of the appropriations committees of each house of the

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

 4  collected exceeds the cumulative amount of expenditures by

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

 6  purpose of purchasing soft body armor for law enforcement

 7  officers.

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

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

10  information as reported and reflected in the Florida Crime

11  Information Center and National Crime Information Center

12  systems as of the date of the request.

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

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

15  and such number on the consent form.

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

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

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

20  holds an active certification from the Criminal Justice

21  Standards and Training Commission as a "law enforcement

22  officer," a "correctional officer," or a "correctional

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

24  (7), (8), or (9), the provisions of this subsection do not

25  apply.

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27  (Redesignate subsequent sections.)

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

31  And the title is amended as follows:

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                                                  SENATE AMENDMENT

    Bill No. HB 391

    Amendment No.    





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

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 3  and insert:

 4         An act relating to the Department of Law

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

 6         relating to the sale and delivery of firearms;

 7         postponing the expiration of that section;

 8         providing for modification, or suspension of

 9         collection, of fees for criminal history

10         checks; amending s. 943.053, F.S.;

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