Florida Senate - 2020                                    SB 1622
       
       
        
       By Senator Book
       
       
       
       
       
       32-00498A-20                                          20201622__
    1                        A bill to be entitled                      
    2         An act relating to firearms; creating s. 397.6753,
    3         F.S.; authorizing a law enforcement officer acting in
    4         accordance with certain provisions to serve and
    5         execute a court order on any day and at any time;
    6         authorizing a law enforcement officer acting in
    7         accordance with certain provisions to use reasonable
    8         physical force to gain entry to the premises or any
    9         dwelling on such premises and take custody of the
   10         person who is the subject of the court order;
   11         requiring that a law enforcement officer who has
   12         received certain training be assigned to serve and
   13         execute the court order, when practicable; authorizing
   14         a law enforcement officer taking custody of the person
   15         who is the subject of the court order to seize and
   16         hold the person’s firearms and ammunition under
   17         certain circumstances; authorizing a law enforcement
   18         officer who takes custody of the person who is the
   19         subject of the court order to seek the voluntary
   20         surrender of firearms and ammunition under certain
   21         circumstances; authorizing a law enforcement officer
   22         to petition a court for a risk protection order under
   23         certain circumstances; requiring that firearms or
   24         ammunition seized or surrendered be made available for
   25         return within a certain timeframe and under specified
   26         circumstances; prohibiting the process for the return
   27         of such firearms or ammunition to take longer than a
   28         certain timeframe; requiring law enforcement agencies
   29         to develop specified policies and procedures; amending
   30         s. 744.3215, F.S.; authorizing a court to remove the
   31         right to purchase, own, sell, or possess firearms or
   32         ammunition or to possess a license to carry concealed
   33         weapons or firearms of a person found to be
   34         incapacitated; requiring a guardian or an agent to
   35         file an inventory of the incapacitated person’s
   36         firearms and ammunition with the court if this right
   37         is removed; requiring the guardian or agent to place
   38         the firearms and ammunition in the custody of a local
   39         law enforcement agency or petition the court for an
   40         alternative storage arrangement outside of the
   41         incapacitated person’s control; requiring a law
   42         enforcement agency to accept such firearms and
   43         ammunition; authorizing the law enforcement agency to
   44         charge a reasonable storage fee; providing for the
   45         disposal, donation, transfer, or sale of such firearms
   46         and ammunition through court petition and after a
   47         specified notice under certain circumstances;
   48         requiring a court hearing if there is an objection to
   49         the disposal, donation, transfer, or sale; amending s.
   50         790.064, F.S.; requiring the Department of Law
   51         Enforcement, in certain cases, to investigate
   52         individuals upon whom a firearm disability is imposed
   53         on or after a certain date and, if the individuals are
   54         in possession of firearms or ammunition, to seize the
   55         firearms and ammunition by following specified
   56         procedures; amending s. 790.065, F.S.; redefining the
   57         term “committed to a mental institution”; authorizing
   58         a judge or magistrate, when reviewing a petition for
   59         involuntary treatment, to refer a case to the
   60         department to investigate, in certain cases,
   61         individuals upon whom a firearm disability is imposed
   62         on or after a certain date and, if the individuals are
   63         in possession of any firearms or ammunition, to seize
   64         the firearms and ammunition by following specified
   65         procedures; requiring the Department of Children and
   66         Families, the Agency for Health Care Administration,
   67         and the Department of Law Enforcement to enforce
   68         certain reporting provisions; requiring all licensed
   69         mental health and substance abuse service providers to
   70         comply with certain provisions by a specified date;
   71         providing penalties for violations; conforming
   72         provisions to changes made by the act; providing an
   73         effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Section 397.6753, Florida Statutes, is created
   78  to read:
   79         397.6753 Ability of law enforcement to seize firearms.—
   80         (1)If a law enforcement officer is acting in accordance
   81  with the involuntary admissions procedures of this chapter or a
   82  related court order, he or she may:
   83         (a) Serve and execute such order on any day of the week, at
   84  any time of the day or night; and
   85         (b) Use reasonable physical force to gain entry to the
   86  premises or any dwellings, buildings, or other structures
   87  located on the premises and take custody of the person who is
   88  the subject of the court order. When practicable, a law
   89  enforcement officer who has received crisis intervention team
   90  training shall be assigned to serve and execute the order.
   91         (2)A law enforcement officer taking custody of a person
   92  under subsection (1) may seize and hold a firearm or any
   93  ammunition the person possesses at the time of taking him or her
   94  into custody if the person poses a potential danger to himself
   95  or herself or others and has made a credible threat of violence
   96  against himself or herself or others.
   97         (3)If the law enforcement officer takes custody of the
   98  person at the person’s residence and the criteria in subsection
   99  (2) have been met, the law enforcement officer may seek the
  100  voluntary surrender of firearms or ammunition kept in the
  101  residence which have not already been seized under subsection
  102  (2). If such firearms or ammunition are not voluntarily
  103  surrendered, or if the person has other firearms or ammunition
  104  that were not seized or voluntarily surrendered when he or she
  105  was taken into custody, a law enforcement officer may petition
  106  the appropriate court under s. 790.401 for a risk protection
  107  order to remove the person’s firearms and ammunition.
  108         (4)Firearms or ammunition seized or voluntarily
  109  surrendered pursuant to this section must be made available for
  110  return no later than 24 hours after the person taken into
  111  custody can demonstrate that he or she is no longer subject to
  112  involuntary treatment and has been released or discharged from
  113  any treatment provided, unless a risk protection order entered
  114  under s. 790.401 directs the law enforcement agency to hold the
  115  firearms or ammunition for a longer period, the person is
  116  subject to a firearm purchase disability under s. 790.065(2), or
  117  a firearm possession and firearm ownership disability under s.
  118  790.064 applies. The process for the actual return of firearms
  119  or ammunition seized or voluntarily surrendered under this
  120  section may not take longer than 7 days, and law enforcement
  121  agencies must develop policies and procedures relating to the
  122  seizure, storage, and return of firearms or ammunition held
  123  under this section.
  124         Section 2. Subsection (2) of section 744.3215, Florida
  125  Statutes, is amended to read:
  126         744.3215 Rights of persons determined incapacitated.—
  127         (2) Rights that may be removed from a person by an order
  128  determining incapacity but not delegated to a guardian include
  129  the right:
  130         (a) To marry. If the right to enter into a contract has
  131  been removed, the right to marry is subject to court approval.
  132         (b) To vote.
  133         (c) To personally apply for government benefits.
  134         (d) To have a driver license.
  135         (e) To travel.
  136         (f) To seek or retain employment.
  137         (g)1. To purchase, own, sell, or possess firearms or
  138  ammunition or to possess a license to carry concealed weapons or
  139  firearms. If this right is removed, the incapacitated person’s
  140  guardian, or the agent under a power of attorney if there is no
  141  guardianship, must file an inventory of the incapacitated
  142  person’s firearms and ammunition with the court and either place
  143  the firearms and ammunition in the custody of a local law
  144  enforcement agency in the county where the incapacitated person
  145  resides or where the guardianship is being administered, or
  146  petition the court for alternative storage of such firearms and
  147  ammunition outside of the incapacitated person’s control. This
  148  alternative storage entity must be able to legally possess
  149  firearms and ammunition, and the guardian or the agent must
  150  disclose to the court whether the entity will charge a
  151  reasonable storage fee.
  152         2. A law enforcement agency must accept such firearms and
  153  ammunition and may charge a reasonable storage fee. If, after 5
  154  years, the incapacitated person has not successfully had his or
  155  her rights under subparagraph 1. restored, the law enforcement
  156  agency or the alternative storage entity may, after notifying
  157  the incapacitated person and his or her guardian or agent in
  158  writing at least 5 days in advance, petition the court to
  159  dispose of, donate, transfer, or sell the incapacitated person’s
  160  firearms and ammunition to a person or entity legally able to
  161  possess firearms and ammunition. However, if the incapacitated
  162  person or his or her guardian or agent files a written objection
  163  with the court, the court must hold a hearing to determine
  164  whether there is good cause for the continued storage of the
  165  incapacitated person’s firearms and ammunition.
  166         Section 3. Subsections (1) and (2) of section 790.064,
  167  Florida Statutes, are amended to read:
  168         790.064 Firearm possession and firearm ownership
  169  disability.—
  170         (1) A person who has been adjudicated mentally defective or
  171  who has been committed to a mental institution or a substance
  172  abuse treatment provider, as those terms are defined in s.
  173  790.065(2), may not own a firearm or possess a firearm until
  174  relief from the firearm possession and firearm ownership
  175  disability is obtained.
  176         (2) The firearm possession and firearm ownership disability
  177  runs concurrently with the firearm purchase disability provided
  178  in s. 790.065(2). If the Department of Law Enforcement has
  179  reason to believe that an individual upon whom any type of
  180  firearm disability is imposed on or after July 1, 2020,
  181  possesses any firearms or ammunition, the department shall
  182  investigate and seize any such firearms and ammunition pursuant
  183  to the procedures in s. 790.401.
  184         Section 4. Section 790.065, Florida Statutes, is amended to
  185  read:
  186         790.065 Sale, and delivery, and possession of firearms.—
  187         (1)(a) A licensed importer, licensed manufacturer, or
  188  licensed dealer may not sell or deliver from her or his
  189  inventory at her or his licensed premises any firearm to another
  190  person, other than a licensed importer, licensed manufacturer,
  191  licensed dealer, or licensed collector, until she or he has:
  192         1. Obtained a completed form from the potential buyer or
  193  transferee, which form shall have been adopted promulgated by
  194  the Department of Law Enforcement and provided by the licensed
  195  importer, licensed manufacturer, or licensed dealer, which shall
  196  include the name, date of birth, gender, race, and social
  197  security number or other identification number of such potential
  198  buyer or transferee and has inspected proper identification
  199  including an identification containing a photograph of the
  200  potential buyer or transferee.
  201         2. Collected a fee from the potential buyer for processing
  202  the criminal history check of the potential buyer. The fee shall
  203  be established by the Department of Law Enforcement and may not
  204  exceed $8 per transaction. The Department of Law Enforcement may
  205  reduce, or suspend collection of, the fee to reflect payment
  206  received from the Federal Government applied to the cost of
  207  maintaining the criminal history check system established by
  208  this section as a means of facilitating or supplementing the
  209  National Instant Criminal Background Check System. The
  210  Department of Law Enforcement shall, by rule, establish
  211  procedures for the fees to be transmitted by the licensee to the
  212  Department of Law Enforcement. Such procedures must provide that
  213  fees may be paid or transmitted by electronic means, including,
  214  but not limited to, debit cards, credit cards, or electronic
  215  funds transfers. All such fees shall be deposited into the
  216  Department of Law Enforcement Operating Trust Fund, but shall be
  217  segregated from all other funds deposited into such trust fund
  218  and must be accounted for separately. Such segregated funds must
  219  not be used for any purpose other than the operation of the
  220  criminal history checks required by this section. The Department
  221  of Law Enforcement, each year before February 1, shall make a
  222  full accounting of all receipts and expenditures of such funds
  223  to the President of the Senate, the Speaker of the House of
  224  Representatives, the majority and minority leaders of each house
  225  of the Legislature, and the chairs of the appropriations
  226  committees of each house of the Legislature. In the event that
  227  the cumulative amount of funds collected exceeds the cumulative
  228  amount of expenditures by more than $2.5 million, excess funds
  229  may be used for the purpose of purchasing soft body armor for
  230  law enforcement officers.
  231         3. Requested, by means of a toll-free telephone call or
  232  other electronic means, the Department of Law Enforcement to
  233  conduct a check of the information as reported and reflected in
  234  the Florida Crime Information Center and National Crime
  235  Information Center systems as of the date of the request.
  236         4. Received a unique approval number for that inquiry from
  237  the Department of Law Enforcement, and recorded the date and
  238  such number on the consent form.
  239         (b) However, if the person purchasing, or receiving
  240  delivery of, the firearm is a holder of a valid concealed
  241  weapons or firearms license pursuant to the provisions of s.
  242  790.06 or holds an active certification from the Criminal
  243  Justice Standards and Training Commission as a “law enforcement
  244  officer,” a “correctional officer,” or a “correctional probation
  245  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  246  (9), this subsection does not apply.
  247         (c) This subsection does not apply to the purchase, trade,
  248  or transfer of a rifle or shotgun by a resident of this state
  249  when the resident makes such purchase, trade, or transfer from a
  250  licensed importer, licensed manufacturer, or licensed dealer in
  251  another state.
  252         (2) Upon receipt of a request for a criminal history record
  253  check, the Department of Law Enforcement shall, during the
  254  licensee’s call or by return call, forthwith:
  255         (a) Review any records available to determine if the
  256  potential buyer or transferee:
  257         1. Has been convicted of a felony and is prohibited from
  258  receipt or possession of a firearm pursuant to s. 790.23;
  259         2. Has been convicted of a misdemeanor crime of domestic
  260  violence, and therefore is prohibited from purchasing a firearm;
  261         3. Has had adjudication of guilt withheld or imposition of
  262  sentence suspended on any felony or misdemeanor crime of
  263  domestic violence unless 3 years have elapsed since probation or
  264  any other conditions set by the court have been fulfilled or
  265  expunction has occurred; or
  266         4. Has been adjudicated mentally defective or has been
  267  committed to a mental institution or a substance abuse treatment
  268  provider by a court or as provided in sub-sub-subparagraph
  269  b.(II), and as a result is prohibited by state or federal law
  270  from purchasing or possessing a firearm.
  271         a. As used in this subparagraph, “adjudicated mentally
  272  defective” means a determination by a court that a person, as a
  273  result of marked subnormal intelligence, or mental illness,
  274  incompetency, condition, or disease, is a danger to himself or
  275  herself or to others or lacks the mental capacity to contract or
  276  manage his or her own affairs. The phrase includes a judicial
  277  finding of incapacity under s. 744.331(6)(a), an acquittal by
  278  reason of insanity of a person charged with a criminal offense,
  279  and a judicial finding that a criminal defendant is not
  280  competent to stand trial.
  281         b. As used in this subparagraph, “committed to a mental
  282  institution or a substance abuse treatment provider” means:
  283         (I) Involuntary commitment, commitment for mental
  284  defectiveness or mental illness, and commitment for substance
  285  abuse. The phrase includes involuntary inpatient placement as
  286  defined in s. 394.467, involuntary outpatient placement as
  287  defined in s. 394.4655, involuntary assessment and stabilization
  288  under s. 397.6818, and involuntary substance abuse treatment
  289  under s. 397.6957, but does not include a person in a mental
  290  institution or a substance abuse treatment provider for
  291  observation or discharged from a mental institution or a
  292  substance abuse treatment provider based upon the initial review
  293  by the physician or a voluntary admission to a mental
  294  institution or a substance abuse treatment provider; or
  295         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  296  admission to a substance abuse treatment facility under s.
  297  397.601 or a mental institution for outpatient or inpatient
  298  treatment of a person who had an involuntary examination under
  299  s. 394.463 or s. 397.6957, where each of the following
  300  conditions has have been met:
  301         (A) An examining physician or the treatment facility
  302  administrator found that the person is an imminent danger to
  303  himself or herself or others.
  304         (B) The examining physician or the treatment facility
  305  administrator certified that if the person did not agree to
  306  voluntary treatment, a petition for involuntary outpatient or
  307  inpatient treatment would have been filed under s.
  308  394.463(2)(g)4. or s. 397.693; or an involuntary, or the
  309  examining physician certified that a petition was filed and the
  310  person subsequently agreed to voluntary treatment prior to a
  311  court hearing on the petition.
  312         (C) Before agreeing to voluntary treatment, the person
  313  received written notice of that finding and certification, and
  314  written notice that as a result of such finding, he or she may
  315  be prohibited from purchasing or possessing a firearm, and may
  316  not be eligible to apply for or retain a concealed weapons
  317  weapon or firearms license under s. 790.06 and the person signed
  318  or otherwise acknowledged such notice in writing, in
  319  substantially the following form:
  320  
  321  “I understand that the doctor who examined me believes I am a
  322  danger to myself or to others. I understand that if I do not
  323  agree to voluntary treatment, a petition will be filed in court
  324  to require me to receive involuntary treatment. I understand
  325  that if that petition is filed, I have the right to contest it.
  326  In the event a petition has been filed, I understand that I can
  327  subsequently agree to voluntary treatment prior to a court
  328  hearing. I understand that by agreeing to voluntary treatment in
  329  either of these situations, I may be prohibited from buying,
  330  selling, or possessing firearms and from applying for or
  331  retaining a concealed weapons or firearms license until I apply
  332  for and receive relief from that restriction under Florida law.”
  333  
  334         (D) A judge or a magistrate has, pursuant to sub-sub
  335  subparagraph c.(II), reviewed the record of the finding,
  336  certification, notice, and written acknowledgment classifying
  337  the person as an imminent danger to himself or herself or
  338  others, and ordered that such record be submitted to the
  339  department. When reviewing the petition, the judge or magistrate
  340  may also refer the case to the department, and if it has reason
  341  to believe that an individual upon whom any type of firearm
  342  disability is imposed on or after July 1, 2020, possesses any
  343  firearms or ammunition, the department shall investigate and
  344  seize any such firearms and ammunition pursuant to the
  345  procedures in s. 790.401.
  346         c. In order to check for these conditions, the department
  347  shall compile and maintain an automated database of persons who
  348  are prohibited from purchasing or possessing a firearm based on
  349  court records of adjudications of mental defectiveness or
  350  commitments to mental institutions or substance abuse treatment
  351  providers. The Department of Children and Families, the Agency
  352  for Health Care Administration, and the Department of Law
  353  Enforcement shall enforce the reporting provisions of this
  354  section, and all licensed mental health and substance abuse
  355  service providers shall fully comply with this section by
  356  January 1, 2021. If, on or after that date, either department or
  357  the agency finds that a provider is not in compliance with the
  358  reporting provisions, it may impose a $100,000 fine for the
  359  first offense and a $250,000 fine for the second offense and may
  360  suspend the provider’s license for the third offense.
  361         (I) Except as provided in sub-sub-subparagraph (II), clerks
  362  of court shall submit these records to the department within 1
  363  month after the rendition of the adjudication or commitment.
  364  Reports shall be submitted in an automated format. The reports
  365  must, at a minimum, include the name, along with any known alias
  366  or former name, the sex, and the date of birth of the subject.
  367         (II) For persons committed to a mental institution or a
  368  substance abuse treatment provider pursuant to sub-sub
  369  subparagraph b.(II), within 24 hours after the person’s
  370  agreement to voluntary admission, a record of the finding,
  371  certification, notice, and written acknowledgment must be filed
  372  by the administrator of the receiving facility or treatment
  373  facility, as defined in s. 394.455 or s. 397.311, with the clerk
  374  of the court for the county in which the involuntary examination
  375  under s. 394.463 or s. 397.6957 occurred. No fee shall be
  376  charged for the filing under this sub-sub-subparagraph. The
  377  clerk must present the records to a judge or magistrate within
  378  24 hours after receipt of the records. A judge or magistrate is
  379  required and has the lawful authority to review the records ex
  380  parte and, if the judge or magistrate determines that the record
  381  supports the classifying of the person as an imminent danger to
  382  himself or herself or others, to order that the record be
  383  submitted to the department. If a judge or magistrate orders the
  384  submittal of the record to the department, the record must be
  385  submitted to the department within 24 hours.
  386         d. A person who has been adjudicated mentally defective or
  387  committed to a mental institution or a substance abuse treatment
  388  provider, as those terms are defined in this paragraph, may
  389  petition the court that made the adjudication or commitment, or
  390  the court that ordered that the record be submitted to the
  391  department pursuant to sub-sub-subparagraph c.(II), for relief
  392  from the firearm disabilities or seizure imposed by such
  393  adjudication or commitment. A copy of the petition shall be
  394  served on the state attorney for the county in which the person
  395  was adjudicated or committed. The state attorney may object to
  396  and present evidence relevant to the relief sought by the
  397  petition. The hearing on the petition may be open or closed as
  398  the petitioner may choose. The petitioner may present evidence
  399  and subpoena witnesses to appear at the hearing on the petition.
  400  The petitioner may confront and cross-examine witnesses called
  401  by the state attorney. A record of the hearing shall be made by
  402  a certified court reporter or by court-approved electronic
  403  means. The court shall make written findings of fact and
  404  conclusions of law on the issues before it and issue a final
  405  order. The court shall grant the relief requested in the
  406  petition if the court finds, based on the evidence presented
  407  with respect to the petitioner’s reputation, the petitioner’s
  408  mental health record and, if applicable, criminal history
  409  record, the circumstances surrounding the firearm disability or
  410  seizure, and any other evidence in the record, that the
  411  petitioner will not be likely to act in a manner that is
  412  dangerous to public safety and that granting the relief would
  413  not be contrary to the public interest. If the final order
  414  denies relief, the petitioner may not petition again for relief
  415  from firearm disabilities or seizure until 1 year after the date
  416  of the final order. The petitioner may seek judicial review of a
  417  final order denying relief in the district court of appeal
  418  having jurisdiction over the court that issued the order. The
  419  review shall be conducted de novo. Relief from a firearm
  420  disability or seizure granted under this sub-subparagraph has no
  421  effect on the loss of civil rights, including firearm rights,
  422  for any reason other than the particular adjudication of mental
  423  defectiveness or commitment to a mental institution from which
  424  relief is granted.
  425         e. Upon receipt of proper notice of relief from firearm
  426  disabilities or seizure granted under sub-subparagraph d., the
  427  department shall delete any mental health record of the person
  428  granted relief from the automated database of persons who are
  429  prohibited from purchasing or possessing a firearm based on
  430  court records of adjudications of mental defectiveness or
  431  commitments to mental institutions.
  432         f. The department is authorized to disclose data collected
  433  pursuant to this subparagraph to agencies of the Federal
  434  Government and other states for use exclusively in determining
  435  the lawfulness of a firearm sale or transfer. The department is
  436  also authorized to disclose this data to the Department of
  437  Agriculture and Consumer Services for purposes of determining
  438  eligibility for issuance of a concealed weapons or concealed
  439  firearms license and for determining whether a basis exists for
  440  revoking or suspending a previously issued license pursuant to
  441  s. 790.06(10). When a potential buyer or transferee appeals a
  442  nonapproval based on these records, the clerks of court and
  443  mental institutions shall, upon request by the department,
  444  provide information to help determine whether the potential
  445  buyer or transferee is the same person as the subject of the
  446  record. Photographs and any other data that could confirm or
  447  negate identity must be made available to the department for
  448  such purposes, notwithstanding any other provision of state law
  449  to the contrary. Any such information that is made confidential
  450  or exempt from disclosure by law shall retain such confidential
  451  or exempt status when transferred to the department.
  452         (b) Inform the licensee making the inquiry either that
  453  either records demonstrate that the buyer or transferee is so
  454  prohibited and provide the licensee a nonapproval number, or
  455  provide the licensee with a unique approval number.
  456         (c)1. Review any records available to it to determine
  457  whether the potential buyer or transferee has been indicted or
  458  has had an information filed against her or him for an offense
  459  that is a felony under either state or federal law, or, as
  460  mandated by federal law, has had an injunction for protection
  461  against domestic violence entered against the potential buyer or
  462  transferee under s. 741.30, has had an injunction for protection
  463  against repeat violence entered against the potential buyer or
  464  transferee under s. 784.046, or has been arrested for a
  465  dangerous crime as specified in s. 907.041(4)(a) or for any of
  466  the following enumerated offenses:
  467         a. Criminal anarchy under ss. 876.01 and 876.02.
  468         b. Extortion under s. 836.05.
  469         c. Explosives violations under s. 552.22(1) and (2).
  470         d. Controlled substances violations under chapter 893.
  471         e. Resisting an officer with violence under s. 843.01.
  472         f. Weapons and firearms violations under this chapter.
  473         g. Treason under s. 876.32.
  474         h. Assisting self-murder under s. 782.08.
  475         i. Sabotage under s. 876.38.
  476         j. Stalking or aggravated stalking under s. 784.048.
  477  
  478  If the review indicates any such indictment, information, or
  479  arrest, the department shall provide to the licensee a
  480  conditional nonapproval number.
  481         2. Within 24 working hours, the department shall determine
  482  the disposition of the indictment, information, or arrest and
  483  inform the licensee as to whether the potential buyer is
  484  prohibited from receiving or possessing a firearm. For purposes
  485  of this paragraph, “working hours” means the hours from 8 a.m.
  486  to 5 p.m. Monday through Friday, excluding legal holidays.
  487         3. The office of the clerk of court, at no charge to the
  488  department, shall respond to any department request for data on
  489  the disposition of the indictment, information, or arrest as
  490  soon as possible, but in no event later than 8 working hours.
  491         4. The department shall determine as quickly as possible
  492  within the allotted time period whether the potential buyer is
  493  prohibited from receiving or possessing a firearm.
  494         5. If the potential buyer is not so prohibited, or if the
  495  department cannot determine the disposition information within
  496  the allotted time period, the department shall provide the
  497  licensee with a conditional approval number.
  498         6. If the buyer is so prohibited, the conditional
  499  nonapproval number shall become a nonapproval number.
  500         7. The department shall continue its attempts to obtain the
  501  disposition information and may retain a record of all approval
  502  numbers granted without sufficient disposition information. If
  503  the department later obtains disposition information that which
  504  indicates:
  505         a. That the potential buyer is not prohibited from owning a
  506  firearm, it shall treat the record of the transaction in
  507  accordance with this section; or
  508         b. That the potential buyer is prohibited from owning a
  509  firearm, it shall immediately revoke the conditional approval
  510  number and notify local law enforcement.
  511         8. During the time that disposition of the indictment,
  512  information, or arrest is pending and until the department is
  513  notified by the potential buyer that there has been a final
  514  disposition of the indictment, information, or arrest, the
  515  conditional nonapproval number shall remain in effect.
  516         (3) In the event of scheduled computer downtime, electronic
  517  failure, or similar emergency beyond the control of the
  518  Department of Law Enforcement, the department shall immediately
  519  notify the licensee of the reason for, and estimated length of,
  520  such delay. After such notification, the department shall
  521  forthwith, and in no event later than the end of the next
  522  business day of the licensee, either inform the requesting
  523  licensee if its records demonstrate that the buyer or transferee
  524  is prohibited from receipt or possession of a firearm pursuant
  525  to Florida and federal law or provide the licensee with a unique
  526  approval number. Unless notified by the end of the said next
  527  business day that the buyer or transferee is so prohibited, and
  528  without regard to whether she or he has received a unique
  529  approval number, the licensee may complete the sale or transfer
  530  and shall not be deemed in violation of this section with
  531  respect to such sale or transfer.
  532         (4)(a) Any records containing any of the information set
  533  forth in subsection (1) pertaining to a buyer or transferee who
  534  is not found to be prohibited from receipt or transfer of a
  535  firearm by reason of Florida and federal law which records are
  536  created by the Department of Law Enforcement to conduct the
  537  criminal history record check shall be confidential and exempt
  538  from the provisions of s. 119.07(1) and may not be disclosed by
  539  the Department of Law Enforcement or any officer or employee
  540  thereof to any person or to another agency. The Department of
  541  Law Enforcement shall destroy any such records forthwith after
  542  it communicates the approval and nonapproval numbers to the
  543  licensee and, in any event, such records shall be destroyed
  544  within 48 hours after the day of the response to the licensee’s
  545  request.
  546         (b) Notwithstanding the provisions of this subsection, the
  547  Department of Law Enforcement may maintain records of NCIC
  548  transactions to the extent required by the Federal Government,
  549  and may maintain a log of dates of requests for criminal history
  550  records checks, unique approval and nonapproval numbers, license
  551  identification numbers, and transaction numbers corresponding to
  552  such dates for a period of not longer than 2 years or as
  553  otherwise required by law.
  554         (c) Nothing in This chapter may not shall be construed to
  555  allow the State of Florida to maintain records containing the
  556  names of purchasers or transferees who receive unique approval
  557  numbers or to maintain records of firearm transactions.
  558         (d) Any officer or employee, or former officer or employee,
  559  of the Department of Law Enforcement or law enforcement agency
  560  who intentionally and maliciously violates the provisions of
  561  this subsection commits a felony of the third degree, punishable
  562  as provided in s. 775.082 or s. 775.083.
  563         (5) The Department of Law Enforcement shall establish a
  564  toll-free telephone number that which shall be operational 7
  565  days a week with the exception of Christmas Day and New Year’s
  566  Day, for a period of 12 hours a day beginning at 9 a.m. and
  567  ending at 9 p.m., for purposes of responding to inquiries as
  568  described in this section from licensed manufacturers, licensed
  569  importers, and licensed dealers. The Department of Law
  570  Enforcement shall employ and train such personnel as are
  571  necessary expeditiously to administer the provisions of this
  572  section.
  573         (6) Any person who is denied the right to receive or
  574  purchase a firearm as a result of the procedures established by
  575  this section may request a criminal history records review and
  576  correction in accordance with the rules adopted promulgated by
  577  the Department of Law Enforcement.
  578         (7) It is shall be unlawful for any licensed dealer,
  579  licensed manufacturer, or licensed importer willfully and
  580  intentionally to request criminal history record information
  581  under false pretenses, or willfully and intentionally to
  582  disseminate criminal history record information to any person
  583  other than the subject of such information. Any person convicted
  584  of a violation of this subsection commits a felony of the third
  585  degree, punishable as provided in s. 775.082 or s. 775.083.
  586         (8) The Department of Law Enforcement shall adopt
  587  promulgate regulations to ensure the identity, confidentiality,
  588  and security of all records and data provided pursuant to this
  589  section.
  590         (9) This section shall become effective at such time as the
  591  Department of Law Enforcement has notified all licensed
  592  importers, licensed manufacturers, and licensed dealers in
  593  writing that the procedures and toll-free number described in
  594  this section are operational. This section shall remain in
  595  effect only during such times as the procedures described in
  596  subsection (2) remain operational.
  597         (10) A licensed importer, licensed manufacturer, or
  598  licensed dealer is not required to comply with the requirements
  599  of this section in the event of:
  600         (a) Unavailability of telephone service at the licensed
  601  premises due to the failure of the entity that which provides
  602  telephone service in the state, region, or other geographical
  603  area in which the licensee is located to provide telephone
  604  service to the premises of the licensee due to the location of
  605  said premises; or the interruption of telephone service by
  606  reason of hurricane, tornado, flood, natural disaster, or other
  607  act of God, war, invasion, insurrection, riot, or other bona
  608  fide emergency, or other reason beyond the control of the
  609  licensee; or
  610         (b) Failure of the Department of Law Enforcement to comply
  611  with the requirements of subsections (2) and (3).
  612         (11) Compliance with the provisions of this chapter shall
  613  be a complete defense to any claim or cause of action under the
  614  laws of any state for liability for damages arising from the
  615  importation or manufacture, or the subsequent sale or transfer
  616  to any person who has been convicted in any court of a crime
  617  punishable by imprisonment for a term exceeding 1 year, of any
  618  firearm that which has been shipped or transported in interstate
  619  or foreign commerce. The Department of Law Enforcement, its
  620  agents, and employees shall not be liable for any claim or cause
  621  of action under the laws of any state for liability for damages
  622  arising from its actions in lawful compliance with this section.
  623         (12)(a) Any potential buyer or transferee who willfully and
  624  knowingly provides false information or false or fraudulent
  625  identification commits a felony of the third degree, punishable
  626  as provided in s. 775.082 or s. 775.083.
  627         (b) Any licensed importer, licensed manufacturer, or
  628  licensed dealer who violates the provisions of subsection (1)
  629  commits a felony of the third degree, punishable as provided in
  630  s. 775.082 or s. 775.083.
  631         (c) Any employee or agency of a licensed importer, licensed
  632  manufacturer, or licensed dealer who violates the provisions of
  633  subsection (1) commits a felony of the third degree, punishable
  634  as provided in s. 775.082 or s. 775.083.
  635         (d) Any person who knowingly acquires a firearm through
  636  purchase or transfer intended for the use of a person who is
  637  prohibited by state or federal law from possessing or receiving
  638  a firearm commits a felony of the third degree, punishable as
  639  provided in s. 775.082 or s. 775.083.
  640         (13) A person younger than 21 years of age may not purchase
  641  a firearm. The sale or transfer of a firearm to a person younger
  642  than 21 years of age may not be made or facilitated by a
  643  licensed importer, licensed manufacturer, or licensed dealer. A
  644  person who violates this subsection commits a felony of the
  645  third degree, punishable as provided in s. 775.082, s. 775.083,
  646  or s. 775.084. The prohibitions of this subsection do not apply
  647  to the purchase of a rifle or shotgun by a law enforcement
  648  officer or correctional officer, as those terms are defined in
  649  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  650  servicemember as defined in s. 250.01.
  651         (14) This section does not apply to employees of sheriff’s
  652  offices, municipal police departments, correctional facilities
  653  or agencies, or other criminal justice or governmental agencies
  654  when the purchases or transfers are made on behalf of an
  655  employing agency for official law enforcement purposes.
  656         Section 5. This act shall take effect July 1, 2020.