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