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.
    9  Be It Enacted by the Legislature of the State of Florida:
   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 to February 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.