Florida Senate - 2021                                    SB 1172
       By Senator Book
       32-01448-21                                           20211172__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         790.065, F.S.; expanding an existing exemption from
    4         public records requirements to include records
    5         containing certain information pertaining to a buyer
    6         or transferee who is not found to be prohibited from
    7         receipt or transfer of ammunition; providing for
    8         future legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing a
   10         contingent effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (a) of subsection (4) of section
   15  790.065, Florida Statutes, as amended by SB ____, 2021 Regular
   16  Session, is amended to read:
   17         790.065 Sale and delivery of firearms and ammunition.—
   18         (4)(a) Any records containing any of the information set
   19  forth in subsection (1) pertaining to a buyer or transferee who
   20  is not found to be prohibited from receipt or transfer of a
   21  firearm or ammunition by reason of Florida and federal law which
   22  records are created by the Department of Law Enforcement to
   23  conduct the criminal history record check shall be confidential
   24  and exempt from the provisions of s. 119.07(1) and s. 24(a),
   25  Art. I of the State Constitution and may not be disclosed by the
   26  Department of Law Enforcement or any officer or employee thereof
   27  to any person or to another agency. The Department of Law
   28  Enforcement shall destroy any such records forthwith after it
   29  communicates the approval and nonapproval numbers to the
   30  licensee and, in any event, such records shall be destroyed
   31  within 48 hours after the day of the response to the licensee’s
   32  request.
   33         Section 2. The amendments to s. 790.065(4)(a), Florida
   34  Statutes, made by this act are subject to the Open Government
   35  Sunset Review Act in accordance with s. 119.15, Florida
   36  Statutes, and s. 24(a), Article I of the State Constitution and
   37  shall stand repealed on October 2, 2026, and the text of this
   38  paragraph shall revert to that in existence on July 1, 2021,
   39  except that any amendments to such text enacted other than by
   40  this act shall be preserved and continue to operate to the
   41  extent that such amendments are not dependent upon the portions
   42  of text which expire pursuant to this section, unless reviewed
   43  and saved from repeal through reenactment by the Legislature.
   44         Section 3. The Legislature finds that it is a public
   45  necessity that the information pertaining to an individual who
   46  is a buyer or transferee who is not found to be prohibited from
   47  receipt or transfer of ammunition under s. 790.065, Florida
   48  Statutes, be made confidential and exempt from public records
   49  requirements under s. 119.07(1), Florida Statutes, and s. 24(a),
   50  Article I of the State Constitution. The knowledge that someone
   51  has purchased ammunition can easily lead to the conclusion that
   52  the applicant or licensee has in fact armed himself or herself.
   53  The Legislature has found in prior legislative sessions and has
   54  expressed in s. 790.335(1)(a)3., Florida Statutes, that a list,
   55  record, or registry of legally owned firearms or law-abiding
   56  firearm owners is “an instrument that can be used as a means to
   57  profile innocent citizens and to harass and abuse American
   58  citizens based solely on their choice to own firearms and
   59  exercise their Second Amendment right to keep and bear arms as
   60  guaranteed under the United States Constitution.” Release of
   61  personal identifying information of an individual who has
   62  purchased ammunition could be used to harass an innocent person
   63  based solely on that person’s exercised right to own a firearm.
   64  Therefore, the Legislature finds that such information must be
   65  held confidential and exempt from public records requirements.
   66         Section 4. This act shall take effect on the same date that
   67  SB ____ or similar legislation takes effect, if such legislation
   68  is adopted in the same legislative session or an extension
   69  thereof and becomes a law.