Florida Senate - 2017 SB 1196 By Senator Bracy 11-01030-17 20171196__ 1 A bill to be entitled 2 An act relating to firearm purchases; amending s. 3 790.065, F.S.; requiring the Department of Law 4 Enforcement to include questions concerning a 5 potential firearm buyer’s criminal history or other 6 information relating to the person’s eligibility to 7 make the purchase on a standard form for potential 8 buyers; requiring the department to notify law 9 enforcement officials when a potential sale or 10 transfer receives a nonapproval number; providing 11 requirements for such notice; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (a) of subsection (1) of section 17 790.065, Florida Statutes, is amended to read: 18 790.065 Sale and delivery of firearms.— 19 (1)(a) A licensed importer, licensed manufacturer, or 20 licensed dealer may not sell or deliver from her or his 21 inventory at her or his licensed premises any firearm to another 22 person, other than a licensed importer, licensed manufacturer, 23 licensed dealer, or licensed collector, until she or he has: 24 1. Obtained a completed form from the potential buyer or 25 transferee, which form shall have been promulgated by the 26 Department of Law Enforcement and provided by the licensed 27 importer, licensed manufacturer, or licensed dealer, which shall 28 include the name, date of birth, gender, race, questions about 29 the buyer’s criminal history and other information relating to 30 the potential buyer or transferee’s eligibility to purchase a 31 firearm, and social security number or other identification 32 number of such potential buyer or transferee and has inspected 33 proper identification including an identification containing a 34 photograph of the potential buyer or transferee. 35 a. In any case in which records reviewed pursuant to 36 subsection (2) indicate that the potential buyer or transferee 37 is prohibited from having in her or his care, custody, 38 possession, or control any firearm under state or federal law 39 and the potential transfer, sale, or purchase has received a 40 nonapproval number, the Department of Law Enforcement shall send 41 notification of such nonapproval to the correctional, law 42 enforcement, prosecutorial, and other criminal justice agencies 43 that have jurisdiction over the county where the attempted 44 transfer or purchase was made. 45 b. The Department of Law enforcement shall, for each 46 county, identify appropriate federal or state correctional, law 47 enforcement, prosecutorial, and other criminal justice agencies 48 to receive the notification described in sub-subparagraph a. 49 c. The notification described in sub-subparagraph a. shall 50 include the identity of the potential buyer or transferee, the 51 identity of the licensee who made the inquiry, the date and time 52 when a nonapproval number was issued, the prohibiting criteria 53 for the nonapproval, and the location where the attempted 54 purchase or transfer occurred. 55 d. The Department of Law Enforcement shall make the 56 notification described in sub-subparagraph a. within 1 week 57 after receipt of the notice of the nonapproval, and may 58 aggregate any notifications required to be issued by sub 59 subparagraph a. and issue them together within the required time 60 frame, except that a notification may be delayed for so long as 61 necessary to avoid compromising an ongoing investigation. 62 e. The Department of Law Enforcement may make the 63 notification required by sub-subparagraph a. in any form, 64 including, but not limited to, by oral or written communication 65 or by electronic means. 66 2. Collected a fee from the potential buyer for processing 67 the criminal history check of the potential buyer. The fee shall 68 be established by the Department of Law Enforcement and may not 69 exceed $8 per transaction. The Department of Law Enforcement may 70 reduce, or suspend collection of, the fee to reflect payment 71 received from the Federal Government applied to the cost of 72 maintaining the criminal history check system established by 73 this section as a means of facilitating or supplementing the 74 National Instant Criminal Background Check System. The 75 Department of Law Enforcement shall, by rule, establish 76 procedures for the fees to be transmitted by the licensee to the 77 Department of Law Enforcement. All such fees shall be deposited 78 into the Department of Law Enforcement Operating Trust Fund, but 79 shall be segregated from all other funds deposited into such 80 trust fund and must be accounted for separately. Such segregated 81 funds must not be used for any purpose other than the operation 82 of the criminal history checks required by this section. The 83 Department of Law Enforcement, each year prior to February 1, 84 shall make a full accounting of all receipts and expenditures of 85 such funds to the President of the Senate, the Speaker of the 86 House of Representatives, the majority and minority leaders of 87 each house of the Legislature, and the chairs of the 88 appropriations committees of each house of the Legislature. In 89 the event that the cumulative amount of funds collected exceeds 90 the cumulative amount of expenditures by more than $2.5 million, 91 excess funds may be used for the purpose of purchasing soft body 92 armor for law enforcement officers. 93 3. Requested, by means of a toll-free telephone call, the 94 Department of Law Enforcement to conduct a check of the 95 information as reported and reflected in the Florida Crime 96 Information Center and National Crime Information Center systems 97 as of the date of the request. 98 4. Received a unique approval number for that inquiry from 99 the Department of Law Enforcement, and recorded the date and 100 such number on the consent form. 101 Section 2. This act shall take effect upon becoming a law.