Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 1048
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Farmer moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 790.335, Florida Statutes, is amended to
    6  read:
    7         790.335 Prohibition of registration of firearms; electronic
    8  records.—
   10         (a) The Legislature finds and declares that:
   11         1. The right of individuals to keep and bear arms is
   12  guaranteed under both the Second Amendment to the United States
   13  Constitution and s. 8, Art. I of the State Constitution.
   14         2. A list, record, or registry of legally owned firearms or
   15  law-abiding firearm owners is not a law enforcement tool and can
   16  become an instrument for profiling, harassing, or abusing law
   17  abiding citizens based on their choice to own a firearm and
   18  exercise their Second Amendment right to keep and bear arms as
   19  guaranteed under the United States Constitution. Further, such a
   20  list, record, or registry has the potential to fall into the
   21  wrong hands and become a shopping list for thieves.
   22         3. A list, record, or registry of legally owned firearms or
   23  law-abiding firearm owners is not a tool for fighting terrorism,
   24  but rather is an instrument that can be used as a means to
   25  profile innocent citizens and to harass and abuse American
   26  citizens based solely on their choice to own firearms and
   27  exercise their Second Amendment right to keep and bear arms as
   28  guaranteed under the United States Constitution.
   29         4. Law-abiding firearm owners whose names have been
   30  illegally recorded in a list, record, or registry are entitled
   31  to redress.
   32         (b) The Legislature intends through the provisions of this
   33  section to:
   34         1. Protect the right of individuals to keep and bear arms
   35  as guaranteed under both the Second Amendment to the United
   36  States Constitution and s. 8, Art. I of the State Constitution.
   37         2. Protect the privacy rights of law-abiding firearm
   38  owners.
   39         (2) PROHIBITIONS.—No state governmental agency or local
   40  government, special district, or other political subdivision or
   41  official, agent, or employee of such state or other governmental
   42  entity or any other person, public or private, shall knowingly
   43  and willfully keep or cause to be kept any list, record, or
   44  registry of privately owned firearms or any list, record, or
   45  registry of the owners of those firearms.
   46         (3) EXCEPTIONS.—The provisions of this section shall not
   47  apply to:
   48         (a) Records of firearms that have been used in committing
   49  any crime.
   50         (b) Records relating to any person who has been convicted
   51  of a crime.
   52         (c) Records of firearms that have been reported stolen that
   53  are retained for a period not in excess of 10 days after such
   54  firearms are recovered. Official documentation recording the
   55  theft of a recovered weapon may be maintained no longer than the
   56  balance of the year entered, plus 2 years.
   57         (d) Firearm records that must be retained by firearm
   58  dealers under federal law, including copies of such records
   59  transmitted to law enforcement agencies. However, no state
   60  governmental agency or local government, special district, or
   61  other political subdivision or official, agent, or employee of
   62  such state or other governmental entity or any other person,
   63  private or public, shall accumulate, compile, computerize, or
   64  otherwise collect or convert such written records into any form
   65  of list, registry, or database for any purpose.
   66         (e)1. Records kept pursuant to the recordkeeping provisions
   67  of s. 790.065; however, nothing in this section shall be
   68  construed to authorize the public release or inspection of
   69  records that are made confidential and exempt from the
   70  provisions of s. 119.07(1) by s. 790.065(4)(a).
   71         2. Nothing in this paragraph shall be construed to allow
   72  the maintaining of records containing the names of purchasers or
   73  transferees who receive unique approval numbers or the
   74  maintaining of records of firearm transactions.
   75         (f) Firearm records, including paper pawn transaction forms
   76  and contracts on firearm transactions, required by chapters 538
   77  and 539.
   78         1. Electronic firearm records held pursuant to chapter 538
   79  may only be kept by a secondhand dealer for 30 days after the
   80  date of the purchase of the firearm by the secondhand dealer.
   81         2. Electronic firearm records held pursuant to chapter 539
   82  may only be kept by a pawnbroker for 30 days after the
   83  expiration of the loan that is secured by a firearm or 30 days
   84  after the date of purchase of a firearm, whichever is
   85  applicable.
   86         3. Except as required by federal law, any firearm records
   87  kept pursuant to chapter 538 or chapter 539 shall not, at any
   88  time, be electronically transferred to any public or private
   89  entity, agency, business, or enterprise, nor shall any such
   90  records be copied or transferred for purposes of accumulation of
   91  such records into lists, registries, or databases.
   92         4. Notwithstanding subparagraph 3., secondhand dealers and
   93  pawnbrokers may electronically submit firearm transaction
   94  records to the appropriate law enforcement agencies as required
   95  by chapters 538 and 539; however, the law enforcement agencies
   96  may not electronically submit such records to any other person
   97  or entity and must destroy such records within 60 days after
   98  receipt of such records.
   99         5. Notwithstanding subparagraph 3., secondhand dealers and
  100  pawnbrokers may electronically submit limited firearms records
  101  consisting solely of the manufacturer, model, serial number, and
  102  caliber of pawned or purchased firearms to a third-party private
  103  provider that is exclusively incorporated, exclusively owned,
  104  and exclusively operated in the United States and that restricts
  105  access to such information to only appropriate law enforcement
  106  agencies for legitimate law enforcement purposes. Such records
  107  must be destroyed within 30 days by the third-party provider. As
  108  a condition of receipt of such records, the third-party provider
  109  must agree in writing to comply with the requirements of this
  110  section. Any pawnbroker or secondhand dealer who contracts with
  111  a third-party provider other than as provided in this act or
  112  electronically transmits any records of firearms transactions to
  113  any third-party provider other than the records specifically
  114  allowed by this paragraph commits a felony of the second degree,
  115  punishable as provided in s. 775.082 or s. 775.083.
  116         (g) Records kept by the Department of Law Enforcement of
  117  NCIC transactions to the extent required by federal law and a
  118  log of dates of requests for criminal history record checks,
  119  unique approval and nonapproval numbers, license identification
  120  numbers, and transaction numbers corresponding to such dates.
  121         (h) Records of an insurer that, as a condition to providing
  122  insurance against theft or loss of a firearm, identify such
  123  firearm. Such records may not be sold, commingled with records
  124  relating to other firearms, or transferred to any other person
  125  or entity. The insurer may not keep a record of such firearm
  126  more than 60 days after the policy of insurance expires or after
  127  notification by the insured that the insured is no longer the
  128  owner of such firearm.
  129         (i) Lists of customers of a firearm dealer retained by such
  130  dealer, provided that such lists do not disclose the particular
  131  firearms purchased. Such lists, or any parts thereof, may not be
  132  sold, commingled with records relating to other firearms, or
  133  transferred to any other person or entity.
  134         (j) Sales receipts retained by the seller of firearms or by
  135  a person providing credit for such purchase, provided that such
  136  receipts shall not serve as or be used for the creation of a
  137  database for registration of firearms.
  138         (k) Personal records of firearms maintained by the owner of
  139  such firearms.
  140         (l) Records maintained by a business that stores or acts as
  141  the selling agent of firearms on behalf of the lawful owner of
  142  the firearms.
  143         (m) Membership lists of organizations comprised of firearm
  144  owners.
  145         (n) Records maintained by an employer or contracting entity
  146  of the firearms owned by its officers, employees, or agents, if
  147  such firearms are used in the course of business performed on
  148  behalf of the employer.
  149         (o) Records maintained pursuant to s. 790.06 by the
  150  Department of Agriculture and Consumer Services of a person who
  151  was a licensee within the prior 2 years.
  152         (p) Records of firearms involved in criminal
  153  investigations, criminal prosecutions, criminal appeals, and
  154  postconviction motions, civil proceedings relating to the
  155  surrender or seizure of firearms including protective
  156  injunctions, Baker Act commitments, and sheriff’s levies
  157  pursuant to court judgments, and voluntary surrender by the
  158  owner or custodian of the firearm.
  159         (q) Paper documents relating to firearms involved in
  160  criminal cases, criminal investigations, and criminal
  161  prosecutions, civil proceedings relating to the surrender or
  162  seizure of firearms including protective injunctions, Baker Act
  163  commitments, and sheriff’s levies pursuant to court judgments,
  164  and voluntary surrender by the owner or custodian of the
  165  firearm.
  166         (r) Noncriminal records relating to the receipt, storage or
  167  return of firearms, including, but not limited to, records
  168  relating to firearms impounded for storage or safekeeping,
  169  receipts proving that a firearm was returned to the rightful
  170  owner and supporting records of identification and proof of
  171  ownership, or records relating to firearms impounded pursuant to
  172  levies or court orders, provided, however, that such records
  173  shall not be compiled, sorted, or otherwise arranged into any
  174  lists, indexes, or registries of firearms or firearms owners.
  175         (4) PENALTIES.—
  176         (a) Any person who, or entity that, violates a provision of
  177  this section commits a felony of the third degree, punishable as
  178  provided in s. 775.082 or s. 775.083.
  179         (b) Except as required by the provisions of s. 16, Art. I
  180  of the State Constitution or the Sixth Amendment to the United
  181  States Constitution, no public funds shall be used to defend the
  182  unlawful conduct of any person charged with a violation of this
  183  section, unless the charges against such person are dismissed or
  184  such person is determined to be not guilty at trial.
  185  Notwithstanding this paragraph, public funds may be expended to
  186  provide the services of the office of public defender or court
  187  appointed conflict counsel as provided by law.
  188         (c) The governmental entity, or the designee of such
  189  governmental entity, in whose service or employ a list, record,
  190  or registry was compiled in violation of this section may be
  191  assessed a fine of not more than $5 million, if the court
  192  determines that the evidence shows that the list, record, or
  193  registry was compiled or maintained with the knowledge or
  194  complicity of the management of the governmental entity. The
  195  Attorney General may bring a civil cause of action to enforce
  196  the fines assessed under this paragraph.
  197         (d) The state attorney in the appropriate jurisdiction
  198  shall investigate complaints of criminal violations of this
  199  section and, where evidence indicates a violation may have
  200  occurred, shall prosecute violators.
  201         (5) ELECTRONIC RECORDS.—Secondhand dealers and pawnbrokers
  202  who electronically submit firearms transaction records to the
  203  appropriate law enforcement agencies as required by chapters 538
  204  and 539 shall submit the name of the manufacturer and caliber
  205  information of each firearm in Florida Crime Information Center
  206  coding, and shall include the model and serial number of each
  207  firearm.
  208         (6) CONSTRUCTION.—This section shall be construed to
  209  effectuate its remedial and deterrent purposes. This section may
  210  not be construed to grant any substantive, procedural privacy
  211  right or civil claim to any criminal defendant, and a violation
  212  of this section may not be grounds for the suppression of
  213  evidence in any criminal case.
  214         Section 2. Section 790.336, Florida Statutes, is amended to
  215  read:
  216         790.336 Lists, records, or registries to be destroyed.—Any
  217  list, record, or registry maintained or under construction on
  218  the effective date of this act shall be destroyed, unless
  219  prohibited by law, within 60 calendar days after this act
  220  becomes law. Thereafter, failure to destroy any such list,
  221  record, or registry may result in prosecution under this act.
  222         Section 3. Paragraph (b) of subsection (5) and paragraph
  223  (b) of subsection (9) of section 409.175, Florida Statutes, are
  224  amended to read:
  225         409.175 Licensure of family foster homes, residential
  226  child-caring agencies, and child-placing agencies; public
  227  records exemption.—
  228         (5)
  229         (b) The requirements for the licensure and operation of a
  230  child-placing agency shall also include compliance with the
  231  requirements of s. ss. 63.0422 and 790.335.
  232         (9)
  233         (b) Any of the following actions by a home or agency or its
  234  personnel is a ground for denial, suspension, or revocation of a
  235  license:
  236         1. An intentional or negligent act materially affecting the
  237  health or safety of children in the home or agency.
  238         2. A violation of the provisions of this section or of
  239  licensing rules promulgated pursuant to this section.
  240         3. Noncompliance with the requirements for good moral
  241  character as specified in paragraph (5)(a).
  242         4. Failure to dismiss personnel found in noncompliance with
  243  requirements for good moral character.
  244         5. Failure to comply with the requirements of s. ss.
  245  63.0422 and 790.335.
  246         Section 4. Paragraph (a) of subsection (6) of section
  247  790.0625, Florida Statutes, is amended to read:
  248         790.0625 Appointment of tax collectors to accept
  249  applications for a concealed weapon or firearm license; fees;
  250  penalties.—
  251         (6)(a) A tax collector appointed under this section may not
  252  maintain a list or record of persons who apply for or are
  253  granted a new or renewal license to carry a concealed weapon or
  254  firearm. A tax collector who violates this paragraph commits a
  255  felony of the third degree, punishable as provided in s. 775.082
  256  or s. 775.083 violation of this paragraph is subject to s.
  257  790.335.
  258         Section 5. This act shall take effect July 1, 2018.
  260  ================= T I T L E  A M E N D M E N T ================
  261  And the title is amended as follows:
  262         Delete everything before the enacting clause
  263  and insert:
  264                        A bill to be entitled                      
  265         An act relating to the prohibited recordkeeping of
  266         firearms or firearm owners; repealing s. 790.335,
  267         F.S., relating to the prohibition of registration of
  268         firearms and the treatment of electronic records;
  269         repealing s. 790.336, F.S., relating to lists,
  270         records, or registries required to be destroyed;
  271         amending ss. 409.175 and 790.0625, F.S.; conforming
  272         provisions to changes made by the act; providing an
  273         effective date.