Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 55
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Farmer moved the following:
    1         Senate Amendment (with directory and title amendments)
    3         Between lines 68 and 69
    4  insert:
    5         (b) However, if the person purchasing, or receiving
    6  delivery of, the firearm is a holder of a valid concealed
    7  weapons or firearms license pursuant to the provisions of s.
    8  790.06 or holds an active certification from the Criminal
    9  Justice Standards and Training Commission as a “law enforcement
   10  officer,” a “correctional officer,” or a “correctional probation
   11  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   12  (9), this subsection does not apply.
   13         (c) This subsection does not apply to the purchase, trade,
   14  or transfer of a rifle or shotgun by a resident of this state
   15  when the resident makes such purchase, trade, or transfer from a
   16  licensed importer, licensed manufacturer, or licensed dealer in
   17  another state.
   18         (d)1.If neither party to a prospective firearms sale,
   19  lease, or transfer is a licensed dealer, the parties to the
   20  transaction must complete the sale, lease, or other transfer
   21  through a licensed dealer as follows:
   22         a. The seller, lessor, or transferor must deliver the
   23  firearm to a licensed dealer who shall process the sale, lease,
   24  or transfer as if he or she were the seller, lessor, or
   25  transferor, except that the seller, lessor, or transferor who is
   26  not a licensed dealer may remove the firearm from the business
   27  premises of the licensed dealer while the background check is
   28  being conducted and while the waiting period requirement set
   29  forth in s. 790.0655 is being met. Other than allowing the
   30  unlicensed seller or transferor to remove the firearm from the
   31  licensed dealer’s business premises, the licensed dealer shall
   32  comply with all requirements of federal and state law which
   33  would apply if he or she were the seller, lessor, or transferor
   34  of the firearm;
   35         b. The licensed dealer shall conduct a background check on
   36  the buyer or other transferee in accordance with this section
   37  and, unless the transaction is prohibited, after all other legal
   38  requirements are met, including those set forth in s. 790.0655,
   39  the dealer shall either:
   40         (I) Deliver the firearm to the seller, lessor, or
   41  transferor, who shall complete the transaction and deliver the
   42  firearm to the buyer; or
   43         (II) If the seller, lessor, or transferor has removed the
   44  firearm from the licensed dealer’s business premises, contact
   45  the seller, lessor, or transferor to let him or her know that he
   46  or she may complete the transaction and deliver the firearm to
   47  the buyer;
   48         c. If the licensed dealer cannot legally complete the
   49  transaction, the dealer must:
   50         (I) Return the firearm to the seller, lessor, or
   51  transferor; or
   52         (II) If the seller, lessor, or transferor has removed the
   53  firearm from the licensed dealer’s business premises, contact
   54  the seller, lessor, or transferor to let him or her know that
   55  the transaction is prohibited, and the seller, lessor, or
   56  transferor may not deliver the firearm to the buyer; and
   57         d. The licensed dealer may require the buyer or other
   58  transferee to pay a fee covering the administrative costs
   59  incurred by the licensed dealer for facilitating the transfer of
   60  the firearm, plus applicable fees pursuant to federal and state
   61  law.
   62         2. This paragraph does not apply to:
   63         a. The activities of the United States Marshals Service,
   64  members of the United States Armed Forces or the National Guard,
   65  or federal officials required to carry firearms while engaged in
   66  performing their official duties; and
   67         b. The following activities, unless the lawful owner knows
   68  or has reasonable cause to believe that federal, state, or local
   69  law prohibits the transferee from purchasing or possessing
   70  firearms, or that the transferee is likely to use the firearm
   71  for unlawful purposes:
   72         (I) The delivery of a firearm to a gunsmith for service or
   73  repair, or the return of the firearm to its owner by the
   74  gunsmith;
   75         (II) The transfer of a firearm to a carrier, warehouseman,
   76  or other person engaged in the business of transportation or
   77  storage, to the extent that the receipt, possession, or having
   78  on or about the person of any firearm is in the ordinary course
   79  of business and in conformity with federal, state, and local
   80  laws, and not for the personal use of any such person;
   81         (III) The loan of a firearm solely for the purpose of
   82  shooting at targets, if the loan occurs on the premises of a
   83  properly licensed target facility and if the firearm is at all
   84  times kept within the premises of the target facility;
   85         (IV) The loan of a firearm to a person who is under 18
   86  years of age for lawful hunting, sporting, or educational
   87  purposes while under the direct supervision and control of a
   88  responsible adult;
   89         (V) The loan of a firearm to a person who is 18 years of
   90  age or older if the firearm remains in the person’s possession
   91  only while the person is accompanying the lawful owner and using
   92  the firearm for lawful hunting, sporting, or recreational
   93  purposes; or
   94         (VI) The loan of a firearm to an adult family member of the
   95  lawful owner of the firearm if the lawful owner resides with the
   96  family member but is not present in the residence, provided that
   97  the family member does not maintain control over the firearm for
   98  more than 10 consecutive days.
   99         (3) In the event of scheduled computer downtime, electronic
  100  failure, or similar emergency beyond the control of the
  101  Department of Law Enforcement, the department shall immediately
  102  notify the licensee of the reason for, and estimated length of,
  103  such delay. After such notification, the department shall
  104  forthwith, and in no event later than the end of the next
  105  business day of the licensee, either inform the requesting
  106  licensee if its records demonstrate that the buyer or transferee
  107  is prohibited from receipt or possession of a firearm pursuant
  108  to Florida and Federal law or provide the licensee with a unique
  109  approval number. Unless notified by the end of said next
  110  business day that the buyer or transferee is so prohibited, and
  111  without regard to whether she or he has received a unique
  112  approval number, the licensee may complete the sale or transfer
  113  and shall not be deemed in violation of this section with
  114  respect to such sale or transfer.
  115         (10) A licensed importer, licensed manufacturer, or
  116  licensed dealer is not required to comply with the requirements
  117  of this section in the event of:
  118         (a) Unavailability of telephone service at the licensed
  119  premises due to the failure of the entity which provides
  120  telephone service in the state, region, or other geographical
  121  area in which the licensee is located to provide telephone
  122  service to the premises of the licensee due to the location of
  123  said premises; or the interruption of telephone service by
  124  reason of hurricane, tornado, flood, natural disaster, or other
  125  act of God, war, invasion, insurrection, riot, or other bona
  126  fide emergency, or other reason beyond the control of the
  127  licensee; or
  128         (b) Failure of the Department of Law Enforcement to comply
  129  with the requirements of subsections (2) and (3).
  130         Section 2. Paragraph (a) of subsection (1) of section
  131  790.0655, Florida Statutes, is amended to read:
  132         790.0655 Purchase and delivery of handguns; mandatory
  133  waiting period; exceptions; penalties.—
  134         (1)(a) There shall be a mandatory 3-day waiting period,
  135  which shall be 3 days, excluding weekends and legal holidays,
  136  between the purchase and the delivery at retail, or the delivery
  137  through a private sale facilitated through a licensed dealer
  138  under s. 790.065(1)(d), of any handgun. “Purchase” means the
  139  transfer of money or other valuable consideration to the
  140  retailer. “Handgun” means a firearm capable of being carried and
  141  used by one hand, such as a pistol or revolver. “Retailer” means
  142  and includes every person engaged in the business of making
  143  sales at retail or for distribution, or use, or consumption, or
  144  storage to be used or consumed in this state, as defined in s.
  145  212.02(13).
  146         Section 3. Paragraph (e) of subsection (3) of section
  147  790.335, Florida Statutes, is amended to read:
  148         790.335 Prohibition of registration of firearms; electronic
  149  records.—
  150         (3) EXCEPTIONS.—The provisions of this section shall not
  151  apply to:
  152         (e)1. Records kept pursuant to the recordkeeping provisions
  153  of s. 790.065; however, nothing in this section shall be
  154  construed to authorize the public release or inspection of
  155  records that are made confidential and exempt from the
  156  provisions of s. 119.07(1) by s. 790.065(3)(a) s. 790.065(4)(a).
  157         2. Nothing in this paragraph shall be construed to allow
  158  the maintaining of records containing the names of purchasers or
  159  transferees who receive unique approval numbers or the
  160  maintaining of records of firearm transactions.
  162  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  163  And the directory clause is amended as follows:
  164         Delete lines 14 - 15
  165  and insert:
  166         Section 1. Subsections (1), (3), and (10) of section
  167  790.065, Florida Statutes, are amended to read:
  169  ================= T I T L E  A M E N D M E N T ================
  170  And the title is amended as follows:
  171         Delete lines 2 - 9
  172  and insert:
  173         An act relating to the sale and delivery of firearms;
  174         amending s. 790.065, F.S.; requiring Department of Law
  175         Enforcement procedures to allow the payment or
  176         transmittal of processing fees for criminal history
  177         checks of potential firearms buyers by electronic
  178         means; providing that criminal history check requests
  179         by licensed importers, manufacturers, and dealers to
  180         the department may be made by electronic means;
  181         requiring the parties, if neither party to a sale,
  182         lease, or transfer of a firearm is a licensed dealer,
  183         to complete the sale, lease, or transfer through a
  184         licensed dealer; specifying procedures and
  185         requirements for a licensed dealer, a seller, lessor,
  186         or transferor, and a buyer, lessee, or transferee;
  187         authorizing a licensed dealer to charge a buyer or
  188         transferee specified fees; providing applicability;
  189         deleting provisions authorizing a licensee to complete
  190         the sale or transfer of a firearm to a person without
  191         receiving certain notification from the department
  192         informing the licensee that such person is prohibited
  193         from receipt or possession of a firearm or providing a
  194         unique approval number under certain circumstances;
  195         deleting provisions exempting a licensed importer,
  196         licensed manufacturer, or licensed dealer from the
  197         sale and delivery requirements, under certain
  198         circumstances; amending s. 790.0655, F.S.; applying
  199         the mandatory 3-day waiting period to private sales of
  200         handguns facilitated through a licensed dealer;
  201         amending s. 790.335, F.S.; conforming a cross
  202         reference; providing