Florida Senate - 2018 SB 152 By Senator Steube 23-00322-18 2018152__ 1 A bill to be entitled 2 An act relating to the sale of firearms; amending s. 3 790.065, F.S.; requiring Department of Law Enforcement 4 procedures to allow the payment or transmittal of 5 processing fees for criminal history checks of 6 potential firearms buyers by electronic means; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (a) of subsection (1) of section 12 790.065, Florida Statutes, is amended to read: 13 790.065 Sale and delivery of firearms.— 14 (1)(a) A licensed importer, licensed manufacturer, or 15 licensed dealer may not sell or deliver from her or his 16 inventory at her or his licensed premises any firearm to another 17 person, other than a licensed importer, licensed manufacturer, 18 licensed dealer, or licensed collector, until she or he has: 19 1. Obtained a completed form from the potential buyer or 20 transferee, which form shall have been promulgated by the 21 Department of Law Enforcement and provided by the licensed 22 importer, licensed manufacturer, or licensed dealer, which shall 23 include the name, date of birth, gender, race, and social 24 security number or other identification number of such potential 25 buyer or transferee and has inspected proper identification 26 including an identification containing a photograph of the 27 potential buyer or transferee. 28 2. Collected a fee from the potential buyer for processing 29 the criminal history check of the potential buyer. The fee shall 30 be established by the Department of Law Enforcement and may not 31 exceed $8 per transaction. The Department of Law Enforcement may 32 reduce, or suspend collection of, the fee to reflect payment 33 received from the Federal Government applied to the cost of 34 maintaining the criminal history check system established by 35 this section as a means of facilitating or supplementing the 36 National Instant Criminal Background Check System. The 37 Department of Law Enforcement shall, by rule, establish 38 procedures for the fees to be transmitted by the licensee to the 39 Department of Law Enforcement. Such procedures must provide that 40 fees may be paid or transmitted by electronic means, including, 41 but not limited to, debit cards, credit cards, or electronic 42 funds transfers. All such fees shall be deposited into the 43 Department of Law Enforcement Operating Trust Fund, but shall be 44 segregated from all other funds deposited into such trust fund 45 and must be accounted for separately. Such segregated funds must 46 not be used for any purpose other than the operation of the 47 criminal history checks required by this section. The Department 48 of Law Enforcement, each year before
prior toFebruary 1, shall 49 make a full accounting of all receipts and expenditures of such 50 funds to the President of the Senate, the Speaker of the House 51 of Representatives, the majority and minority leaders of each 52 house of the Legislature, and the chairs of the appropriations 53 committees of each house of the Legislature. In the event that 54 the cumulative amount of funds collected exceeds the cumulative 55 amount of expenditures by more than $2.5 million, excess funds 56 may be used for the purpose of purchasing soft body armor for 57 law enforcement officers. 58 3. Requested, by means of a toll-free telephone call, the 59 Department of Law Enforcement to conduct a check of the 60 information as reported and reflected in the Florida Crime 61 Information Center and National Crime Information Center systems 62 as of the date of the request. 63 4. Received a unique approval number for that inquiry from 64 the Department of Law Enforcement, and recorded the date and 65 such number on the consent form. 66 Section 2. This act shall take effect July 1, 2018.