Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 7026
Ì941870,Î941870
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/28/2018 .
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The Committee on Appropriations (Gibson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 382 and 383
4 insert:
5 Section 9. Section 790.335, Florida Statutes, is amended to
6 read:
7 790.335 Prohibition of registration of firearms; electronic
8 records.—
9 (1) LEGISLATIVE FINDINGS AND INTENT.—
10 (a) The Legislature finds and declares that:
11 1. The right of individuals to keep and bear arms is
12 guaranteed under both the Second Amendment to the United States
13 Constitution and s. 8, Art. I of the State Constitution.
14 2. A list, record, or registry of legally owned firearms or
15 law-abiding firearm owners is not a law enforcement tool and can
16 become an instrument for profiling, harassing, or abusing law
17 abiding citizens based on their choice to own a firearm and
18 exercise their Second Amendment right to keep and bear arms as
19 guaranteed under the United States Constitution. Further, such a
20 list, record, or registry has the potential to fall into the
21 wrong hands and become a shopping list for thieves.
22 3. A list, record, or registry of legally owned firearms or
23 law-abiding firearm owners is not a tool for fighting terrorism,
24 but rather is an instrument that can be used as a means to
25 profile innocent citizens and to harass and abuse American
26 citizens based solely on their choice to own firearms and
27 exercise their Second Amendment right to keep and bear arms as
28 guaranteed under the United States Constitution.
29 4. Law-abiding firearm owners whose names have been
30 illegally recorded in a list, record, or registry are entitled
31 to redress.
32 (b) The Legislature intends through the provisions of this
33 section to:
34 1. Protect the right of individuals to keep and bear arms
35 as guaranteed under both the Second Amendment to the United
36 States Constitution and s. 8, Art. I of the State Constitution.
37 2. Protect the privacy rights of law-abiding firearm
38 owners.
39 (2) PROHIBITIONS.—No state governmental agency or local
40 government, special district, or other political subdivision or
41 official, agent, or employee of such state or other governmental
42 entity or any other person, public or private, shall knowingly
43 and willfully keep or cause to be kept any list, record, or
44 registry of privately owned firearms or any list, record, or
45 registry of the owners of those firearms.
46 (3) EXCEPTIONS.—The provisions of this section shall not
47 apply to:
48 (a) Records of firearms that have been used in committing
49 any crime.
50 (b) Records relating to any person who has been convicted
51 of a crime.
52 (c) Records of firearms that have been reported stolen that
53 are retained for a period not in excess of 10 days after such
54 firearms are recovered. Official documentation recording the
55 theft of a recovered weapon may be maintained no longer than the
56 balance of the year entered, plus 2 years.
57 (d) Firearm records that must be retained by firearm
58 dealers under federal law, including copies of such records
59 transmitted to law enforcement agencies. However, no state
60 governmental agency or local government, special district, or
61 other political subdivision or official, agent, or employee of
62 such state or other governmental entity or any other person,
63 private or public, shall accumulate, compile, computerize, or
64 otherwise collect or convert such written records into any form
65 of list, registry, or database for any purpose.
66 (e)1. Records kept pursuant to the recordkeeping provisions
67 of s. 790.065; however, nothing in this section shall be
68 construed to authorize the public release or inspection of
69 records that are made confidential and exempt from the
70 provisions of s. 119.07(1) by s. 790.065(4)(a).
71 2. Nothing in this paragraph shall be construed to allow
72 the maintaining of records containing the names of purchasers or
73 transferees who receive unique approval numbers or the
74 maintaining of records of firearm transactions.
75 (f) Firearm records, including paper pawn transaction forms
76 and contracts on firearm transactions, required by chapters 538
77 and 539.
78 1. Electronic firearm records held pursuant to chapter 538
79 may only be kept by a secondhand dealer for 30 days after the
80 date of the purchase of the firearm by the secondhand dealer.
81 2. Electronic firearm records held pursuant to chapter 539
82 may only be kept by a pawnbroker for 30 days after the
83 expiration of the loan that is secured by a firearm or 30 days
84 after the date of purchase of a firearm, whichever is
85 applicable.
86 3. Except as required by federal law, any firearm records
87 kept pursuant to chapter 538 or chapter 539 shall not, at any
88 time, be electronically transferred to any public or private
89 entity, agency, business, or enterprise, nor shall any such
90 records be copied or transferred for purposes of accumulation of
91 such records into lists, registries, or databases.
92 4. Notwithstanding subparagraph 3., secondhand dealers and
93 pawnbrokers may electronically submit firearm transaction
94 records to the appropriate law enforcement agencies as required
95 by chapters 538 and 539; however, the law enforcement agencies
96 may not electronically submit such records to any other person
97 or entity and must destroy such records within 60 days after
98 receipt of such records.
99 5. Notwithstanding subparagraph 3., secondhand dealers and
100 pawnbrokers may electronically submit limited firearms records
101 consisting solely of the manufacturer, model, serial number, and
102 caliber of pawned or purchased firearms to a third-party private
103 provider that is exclusively incorporated, exclusively owned,
104 and exclusively operated in the United States and that restricts
105 access to such information to only appropriate law enforcement
106 agencies for legitimate law enforcement purposes. Such records
107 must be destroyed within 30 days by the third-party provider. As
108 a condition of receipt of such records, the third-party provider
109 must agree in writing to comply with the requirements of this
110 section. Any pawnbroker or secondhand dealer who contracts with
111 a third-party provider other than as provided in this act or
112 electronically transmits any records of firearms transactions to
113 any third-party provider other than the records specifically
114 allowed by this paragraph commits a felony of the second degree,
115 punishable as provided in s. 775.082 or s. 775.083.
116 (g) Records kept by the Department of Law Enforcement of
117 NCIC transactions to the extent required by federal law and a
118 log of dates of requests for criminal history record checks,
119 unique approval and nonapproval numbers, license identification
120 numbers, and transaction numbers corresponding to such dates.
121 (h) Records of an insurer that, as a condition to providing
122 insurance against theft or loss of a firearm, identify such
123 firearm. Such records may not be sold, commingled with records
124 relating to other firearms, or transferred to any other person
125 or entity. The insurer may not keep a record of such firearm
126 more than 60 days after the policy of insurance expires or after
127 notification by the insured that the insured is no longer the
128 owner of such firearm.
129 (i) Lists of customers of a firearm dealer retained by such
130 dealer, provided that such lists do not disclose the particular
131 firearms purchased. Such lists, or any parts thereof, may not be
132 sold, commingled with records relating to other firearms, or
133 transferred to any other person or entity.
134 (j) Sales receipts retained by the seller of firearms or by
135 a person providing credit for such purchase, provided that such
136 receipts shall not serve as or be used for the creation of a
137 database for registration of firearms.
138 (k) Personal records of firearms maintained by the owner of
139 such firearms.
140 (l) Records maintained by a business that stores or acts as
141 the selling agent of firearms on behalf of the lawful owner of
142 the firearms.
143 (m) Membership lists of organizations comprised of firearm
144 owners.
145 (n) Records maintained by an employer or contracting entity
146 of the firearms owned by its officers, employees, or agents, if
147 such firearms are used in the course of business performed on
148 behalf of the employer.
149 (o) Records maintained pursuant to s. 790.06 by the
150 Department of Agriculture and Consumer Services of a person who
151 was a licensee within the prior 2 years.
152 (p) Records of firearms involved in criminal
153 investigations, criminal prosecutions, criminal appeals, and
154 postconviction motions, civil proceedings relating to the
155 surrender or seizure of firearms including protective
156 injunctions, Baker Act commitments, and sheriff’s levies
157 pursuant to court judgments, and voluntary surrender by the
158 owner or custodian of the firearm.
159 (q) Paper documents relating to firearms involved in
160 criminal cases, criminal investigations, and criminal
161 prosecutions, civil proceedings relating to the surrender or
162 seizure of firearms including protective injunctions, Baker Act
163 commitments, and sheriff’s levies pursuant to court judgments,
164 and voluntary surrender by the owner or custodian of the
165 firearm.
166 (r) Noncriminal records relating to the receipt, storage or
167 return of firearms, including, but not limited to, records
168 relating to firearms impounded for storage or safekeeping,
169 receipts proving that a firearm was returned to the rightful
170 owner and supporting records of identification and proof of
171 ownership, or records relating to firearms impounded pursuant to
172 levies or court orders, provided, however, that such records
173 shall not be compiled, sorted, or otherwise arranged into any
174 lists, indexes, or registries of firearms or firearms owners.
175 (4) PENALTIES.—
176 (a) Any person who, or entity that, violates a provision of
177 this section commits a felony of the third degree, punishable as
178 provided in s. 775.082 or s. 775.083.
179 (b) Except as required by the provisions of s. 16, Art. I
180 of the State Constitution or the Sixth Amendment to the United
181 States Constitution, no public funds shall be used to defend the
182 unlawful conduct of any person charged with a violation of this
183 section, unless the charges against such person are dismissed or
184 such person is determined to be not guilty at trial.
185 Notwithstanding this paragraph, public funds may be expended to
186 provide the services of the office of public defender or court
187 appointed conflict counsel as provided by law.
188 (c) The governmental entity, or the designee of such
189 governmental entity, in whose service or employ a list, record,
190 or registry was compiled in violation of this section may be
191 assessed a fine of not more than $5 million, if the court
192 determines that the evidence shows that the list, record, or
193 registry was compiled or maintained with the knowledge or
194 complicity of the management of the governmental entity. The
195 Attorney General may bring a civil cause of action to enforce
196 the fines assessed under this paragraph.
197 (d) The state attorney in the appropriate jurisdiction
198 shall investigate complaints of criminal violations of this
199 section and, where evidence indicates a violation may have
200 occurred, shall prosecute violators.
201 (5) ELECTRONIC RECORDS.—Secondhand dealers and pawnbrokers
202 who electronically submit firearms transaction records to the
203 appropriate law enforcement agencies as required by chapters 538
204 and 539 shall submit the name of the manufacturer and caliber
205 information of each firearm in Florida Crime Information Center
206 coding, and shall include the model and serial number of each
207 firearm.
208 (6) CONSTRUCTION.—This section shall be construed to
209 effectuate its remedial and deterrent purposes. This section may
210 not be construed to grant any substantive, procedural privacy
211 right or civil claim to any criminal defendant, and a violation
212 of this section may not be grounds for the suppression of
213 evidence in any criminal case.
214 Section 10. Section 790.336, Florida Statutes, is amended
215 to read:
216 790.336 Lists, records, or registries to be destroyed.—Any
217 list, record, or registry maintained or under construction on
218 the effective date of this act shall be destroyed, unless
219 prohibited by law, within 60 calendar days after this act
220 becomes law. Thereafter, failure to destroy any such list,
221 record, or registry may result in prosecution under this act.
222 Section 11. Paragraph (b) of subsection (5) and paragraph
223 (b) of subsection (9) of section 409.175, Florida Statutes, are
224 amended to read:
225 409.175 Licensure of family foster homes, residential
226 child-caring agencies, and child-placing agencies; public
227 records exemption.—
228 (5)
229 (b) The requirements for the licensure and operation of a
230 child-placing agency shall also include compliance with the
231 requirements of s. 63.0422 ss. 63.0422 and 790.335.
232 (9)
233 (b) Any of the following actions by a home or agency or its
234 personnel is a ground for denial, suspension, or revocation of a
235 license:
236 1. An intentional or negligent act materially affecting the
237 health or safety of children in the home or agency.
238 2. A violation of the provisions of this section or of
239 licensing rules promulgated pursuant to this section.
240 3. Noncompliance with the requirements for good moral
241 character as specified in paragraph (5)(a).
242 4. Failure to dismiss personnel found in noncompliance with
243 requirements for good moral character.
244 5. Failure to comply with the requirements of s. 63.0422
245 ss. 63.0422 and 790.335.
246 Section 12. Paragraph (a) of subsection (6) of section
247 790.0625, Florida Statutes, is amended to read:
248 790.0625 Appointment of tax collectors to accept
249 applications for a concealed weapon or firearm license; fees;
250 penalties.—
251 (6)(a) A tax collector appointed under this section may not
252 maintain a list or record of persons who apply for or are
253 granted a new or renewal license to carry a concealed weapon or
254 firearm. A tax collector who violates this paragraph commits a
255 felony of the third degree, punishable as provided in s. 775.082
256 or s. 775.083 violation of this paragraph is subject to s.
257 790.335.
258
259 ================= T I T L E A M E N D M E N T ================
260 And the title is amended as follows:
261 Between lines 41 and 42
262 insert:
263 repealing s. 790.335, F.S., relating to the
264 prohibition of registration of firearms and the
265 treatment of electronic records; repealing s. 790.336,
266 F.S., relating to lists, records, or registries
267 required to be destroyed; amending ss. 409.175 and
268 790.0625, F.S.; conforming provisions to changes made
269 by the act;