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.