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. Subsections (1), (3), and (10) of section
    6  790.065, Florida Statutes, are amended to read:
    7         790.065 Sale and delivery of firearms.—
    8         (1)(a) A licensed importer, licensed manufacturer, or
    9  licensed dealer may not sell or deliver from her or his
   10  inventory at her or his licensed premises any firearm to another
   11  person, other than a licensed importer, licensed manufacturer,
   12  licensed dealer, or licensed collector, until she or he has:
   13         1. Obtained a completed form from the potential buyer or
   14  transferee, which form shall have been adopted promulgated by
   15  the Department of Law Enforcement and provided by the licensed
   16  importer, licensed manufacturer, or licensed dealer, which shall
   17  include the name, date of birth, gender, race, and social
   18  security number or other identification number of such potential
   19  buyer or transferee and has inspected proper identification
   20  including an identification containing a photograph of the
   21  potential buyer or transferee.
   22         2. Collected a fee from the potential buyer for processing
   23  the criminal history check of the potential buyer. The fee shall
   24  be established by the Department of Law Enforcement and may not
   25  exceed $8 per transaction. The Department of Law Enforcement may
   26  reduce, or suspend collection of, the fee to reflect payment
   27  received from the Federal Government applied to the cost of
   28  maintaining the criminal history check system established by
   29  this section as a means of facilitating or supplementing the
   30  National Instant Criminal Background Check System. The
   31  Department of Law Enforcement shall, by rule, establish
   32  procedures for the fees to be transmitted by the licensee to the
   33  Department of Law Enforcement. All such fees shall be deposited
   34  into the Department of Law Enforcement Operating Trust Fund, but
   35  shall be segregated from all other funds deposited into such
   36  trust fund and must be accounted for separately. Such segregated
   37  funds must not be used for any purpose other than the operation
   38  of the criminal history checks required by this section. The
   39  Department of Law Enforcement, each year before prior to
   40  February 1, shall make a full accounting of all receipts and
   41  expenditures of such funds to the President of the Senate, the
   42  Speaker of the House of Representatives, the majority and
   43  minority leaders of each house of the Legislature, and the
   44  chairs of the appropriations committees of each house of the
   45  Legislature. In the event that the cumulative amount of funds
   46  collected exceeds the cumulative amount of expenditures by more
   47  than $2.5 million, excess funds may be used for the purpose of
   48  purchasing soft body armor for law enforcement officers.
   49         3. Requested, by means of a toll-free telephone call, the
   50  Department of Law Enforcement to conduct a check of the
   51  information as reported and reflected in the Florida Crime
   52  Information Center and National Crime Information Center systems
   53  as of the date of the request.
   54         4. Received a unique approval number for that inquiry from
   55  the Department of Law Enforcement, and recorded the date and
   56  such number on the consent form.
   57         (b) However, if the person purchasing, or receiving
   58  delivery of, the firearm is a holder of a valid concealed
   59  weapons or firearms license pursuant to the provisions of s.
   60  790.06 or holds an active certification from the Criminal
   61  Justice Standards and Training Commission as a “law enforcement
   62  officer,” a “correctional officer,” or a “correctional probation
   63  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   64  (9), this subsection does not apply.
   65         (c) This subsection does not apply to the purchase, trade,
   66  or transfer of a rifle or shotgun by a resident of this state
   67  when the resident makes such purchase, trade, or transfer from a
   68  licensed importer, licensed manufacturer, or licensed dealer in
   69  another state.
   70         (d)1.If neither party to a prospective firearms sale,
   71  lease, or transfer is a licensed dealer, the parties to the
   72  transaction must complete the sale, lease, or transfer through a
   73  licensed dealer as follows:
   74         a. The seller, lessor, or transferor must deliver the
   75  firearm to a licensed dealer, who shall process the sale, lease,
   76  or transfer as if she or he were the seller, lessor, or
   77  transferor, except that the seller, lessor, or transferor who is
   78  not a licensed dealer may remove the firearm from the business
   79  premises of the licensed dealer while the background check is
   80  being conducted and while the waiting period requirement set
   81  forth in s. 790.0655 is being met. Other than allowing the
   82  unlicensed seller or transferor to remove the firearm from the
   83  licensed dealer’s business premises, the licensed dealer shall
   84  comply with all requirements of federal and state law which
   85  would apply if she or he were the seller, lessor, or transferor
   86  of the firearm;
   87         b. The licensed dealer shall conduct a background check on
   88  the buyer or other transferee as provided in this section and,
   89  unless the transaction is prohibited, and after all other legal
   90  requirements are met, including those set forth in s. 790.0655,
   91  the licensed dealer shall either:
   92         (I) Deliver the firearm to the seller, lessor, or
   93  transferor, who shall complete the transaction and deliver the
   94  firearm to the buyer; or
   95         (II) If the seller, lessor, or transferor has removed the
   96  firearm from the licensed dealer’s business premises, contact
   97  the seller, lessor, or transferor to let her or him know that
   98  she or he may complete the transaction and deliver the firearm
   99  to the buyer;
  100         c. If the licensed dealer cannot legally complete the
  101  transaction, the dealer must:
  102         (I) Return the firearm to the seller, lessor, or
  103  transferor; or
  104         (II) If the seller, lessor, or transferor has removed the
  105  firearm from the licensed dealer’s business premises, contact
  106  the seller, lessor, or transferor to let her or him know that
  107  the transaction is prohibited, and that the seller, lessor, or
  108  transferor may not deliver the firearm to the buyer; and
  109         d. The licensed dealer may require the buyer or other
  110  transferee to pay a fee covering the administrative costs
  111  incurred by the licensed dealer for facilitating the transfer of
  112  the firearm, plus applicable fees pursuant to federal and state
  113  law.
  114         2. This paragraph does not apply to:
  115         a. The activities of the United States Marshals Service,
  116  members of the United States Armed Forces or the National Guard,
  117  or federal officials required to carry firearms while engaged in
  118  performing their official duties; or
  119         b. The following activities, unless the lawful owner knows
  120  or has reasonable cause to believe that federal, state, or local
  121  law prohibits the transferee from purchasing or possessing
  122  firearms, or that the transferee is likely to use the firearm
  123  for unlawful purposes:
  124         (I) The delivery of a firearm to a gunsmith for service or
  125  repair, or the return of the firearm to its owner by the
  126  gunsmith;
  127         (II) The transfer of a firearm to a carrier, warehouseman,
  128  or other person engaged in the business of transportation or
  129  storage, to the extent that the receipt, possession, or having
  130  on or about the person any firearm is in the ordinary course of
  131  business and in conformity with federal, state, and local laws,
  132  and not for the personal use of any such person;
  133         (III) The loan of a firearm solely for the purpose of
  134  shooting at targets, if the loan occurs on the premises of a
  135  properly licensed target facility and if the firearm is at all
  136  times kept within the premises of the target facility;
  137         (IV) The loan of a firearm to a person who is under 18
  138  years of age for lawful hunting, sporting, or educational
  139  purposes while under the direct supervision and control of a
  140  responsible adult;
  141         (V) The loan of a firearm to a person who is 18 years of
  142  age or older if the firearm remains in the person’s possession
  143  only while the person is accompanying the lawful owner and using
  144  the firearm for lawful hunting, sporting, or recreational
  145  purposes; or
  146         (VI) The loan of a firearm to an adult family member of the
  147  lawful owner of the firearm if the lawful owner resides with the
  148  family member but is not present in the residence, provided that
  149  the family member does not maintain control over the firearm for
  150  more than 10 consecutive days.
  151         (3) In the event of scheduled computer downtime, electronic
  152  failure, or similar emergency beyond the control of the
  153  Department of Law Enforcement, the department shall immediately
  154  notify the licensee of the reason for, and estimated length of,
  155  such delay. After such notification, the department shall
  156  forthwith, and in no event later than the end of the next
  157  business day of the licensee, either inform the requesting
  158  licensee if its records demonstrate that the buyer or transferee
  159  is prohibited from receipt or possession of a firearm pursuant
  160  to Florida and Federal law or provide the licensee with a unique
  161  approval number. Unless notified by the end of said next
  162  business day that the buyer or transferee is so prohibited, and
  163  without regard to whether she or he has received a unique
  164  approval number, the licensee may complete the sale or transfer
  165  and shall not be deemed in violation of this section with
  166  respect to such sale or transfer.
  167         (10) A licensed importer, licensed manufacturer, or
  168  licensed dealer is not required to comply with the requirements
  169  of this section in the event of:
  170         (a) Unavailability of telephone service at the licensed
  171  premises due to the failure of the entity which provides
  172  telephone service in the state, region, or other geographical
  173  area in which the licensee is located to provide telephone
  174  service to the premises of the licensee due to the location of
  175  said premises; or the interruption of telephone service by
  176  reason of hurricane, tornado, flood, natural disaster, or other
  177  act of God, war, invasion, insurrection, riot, or other bona
  178  fide emergency, or other reason beyond the control of the
  179  licensee; or
  180         (b) Failure of the Department of Law Enforcement to comply
  181  with the requirements of subsections (2) and (3).
  182         Section 2. Paragraph (a) of subsection (1) of section
  183  790.0655, Florida Statutes, is amended to read:
  184         790.0655 Purchase and delivery of handguns; mandatory
  185  waiting period; exceptions; penalties.—
  186         (1)(a) There shall be a mandatory 3-day waiting period,
  187  which shall be 3 days, excluding weekends and legal holidays,
  188  between the purchase and the delivery at retail, or the delivery
  189  through a private sale facilitated through a licensed dealer
  190  under s. 790.065(1)(d), of any handgun. “Purchase” means the
  191  transfer of money or other valuable consideration to the
  192  retailer. “Handgun” means a firearm capable of being carried and
  193  used by one hand, such as a pistol or revolver. “Retailer” means
  194  and includes every person engaged in the business of making
  195  sales at retail or for distribution, or use, or consumption, or
  196  storage to be used or consumed in this state, as defined in s.
  197  212.02(13).
  198         Section 3. Paragraph (e) of subsection (3) of section
  199  790.335, Florida Statutes, is amended to read:
  200         790.335 Prohibition of registration of firearms; electronic
  201  records.—
  202         (3) EXCEPTIONS.—The provisions of this section shall not
  203  apply to:
  204         (e)1. Records kept pursuant to the recordkeeping provisions
  205  of s. 790.065; however, nothing in this section shall be
  206  construed to authorize the public release or inspection of
  207  records that are made confidential and exempt from the
  208  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  209         2. Nothing in this paragraph shall be construed to allow
  210  the maintaining of records containing the names of purchasers or
  211  transferees who receive unique approval numbers or the
  212  maintaining of records of firearm transactions.
  213         Section 4. This act shall take effect July 1, 2018.
  215  ================= T I T L E  A M E N D M E N T ================
  216  And the title is amended as follows:
  217         Delete everything before the enacting clause
  218  and insert:
  219                        A bill to be entitled                      
  220         An act relating to the sale and delivery of firearms;
  221         amending s. 790.065, F.S.; requiring that the parties,
  222         if neither party to a sale, lease, or transfer of a
  223         firearm is a licensed dealer, complete the sale,
  224         lease, or transfer through a licensed dealer;
  225         specifying procedures and requirements for a licensed
  226         dealer, a seller, lessor, or transferor, and a buyer,
  227         lessee, or transferee; authorizing a licensed dealer
  228         to charge a buyer or transferee specified fees;
  229         providing applicability; deleting provisions
  230         authorizing a licensee to complete the sale or
  231         transfer of a firearm to a person without receiving
  232         notification from the Department of Law Enforcement
  233         informing the licensee as to whether such person is
  234         prohibited from receipt or possession of a firearm or
  235         providing a unique approval number under certain
  236         circumstances; deleting provisions exempting a
  237         licensed importer, licensed manufacturer, or licensed
  238         dealer from the sale and delivery requirements, under
  239         certain circumstances; amending s. 790.0655, F.S.;
  240         applying the mandatory 3-day waiting period to private
  241         sales of handguns facilitated through a licensed
  242         dealer; amending s. 790.335, F.S.; conforming a cross
  243         reference; providing an effective date.