Florida Senate - 2018 CS for SB 152 By the Committee on Judiciary; and Senator Steube 590-01121-18 2018152c1 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 that criminal history check requests by 8 licensed importers, manufacturers, and dealers to the 9 department may be made by electronic means; providing 10 an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (a) of subsection (1) of section 15 790.065, Florida Statutes, is amended to read: 16 790.065 Sale and delivery of firearms.— 17 (1)(a) A licensed importer, licensed manufacturer, or 18 licensed dealer may not sell or deliver from her or his 19 inventory at her or his licensed premises any firearm to another 20 person, other than a licensed importer, licensed manufacturer, 21 licensed dealer, or licensed collector, until she or he has: 22 1. Obtained a completed form from the potential buyer or 23 transferee, which form shall have been promulgated by the 24 Department of Law Enforcement and provided by the licensed 25 importer, licensed manufacturer, or licensed dealer, which shall 26 include the name, date of birth, gender, race, and social 27 security number or other identification number of such potential 28 buyer or transferee and has inspected proper identification 29 including an identification containing a photograph of the 30 potential buyer or transferee. 31 2. Collected a fee from the potential buyer for processing 32 the criminal history check of the potential buyer. The fee shall 33 be established by the Department of Law Enforcement and may not 34 exceed $8 per transaction. The Department of Law Enforcement may 35 reduce, or suspend collection of, the fee to reflect payment 36 received from the Federal Government applied to the cost of 37 maintaining the criminal history check system established by 38 this section as a means of facilitating or supplementing the 39 National Instant Criminal Background Check System. The 40 Department of Law Enforcement shall, by rule, establish 41 procedures for the fees to be transmitted by the licensee to the 42 Department of Law Enforcement. Such procedures must provide that 43 fees may be paid or transmitted by electronic means, including, 44 but not limited to, debit cards, credit cards, or electronic 45 fund transfers. All such fees shall be deposited into the 46 Department of Law Enforcement Operating Trust Fund, but shall be 47 segregated from all other funds deposited into such trust fund 48 and must be accounted for separately. Such segregated funds must 49 not be used for any purpose other than the operation of the 50 criminal history checks required by this section. The Department 51 of Law Enforcement, each year before
prior toFebruary 1, shall 52 make a full accounting of all receipts and expenditures of such 53 funds to the President of the Senate, the Speaker of the House 54 of Representatives, the majority and minority leaders of each 55 house of the Legislature, and the chairs of the appropriations 56 committees of each house of the Legislature. In the event that 57 the cumulative amount of funds collected exceeds the cumulative 58 amount of expenditures by more than $2.5 million, excess funds 59 may be used for the purpose of purchasing soft body armor for 60 law enforcement officers. 61 3. Requested, by means of a toll-free telephone call or 62 other electronic means, the Department of Law Enforcement to 63 conduct a check of the information as reported and reflected in 64 the Florida Crime Information Center and National Crime 65 Information Center systems as of the date of the request. 66 4. Received a unique approval number for that inquiry from 67 the Department of Law Enforcement, and recorded the date and 68 such number on the consent form. 69 Section 2. This act shall take effect October 1, 2018.