Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS/HB 543, 1st Eng. Ì244120`Î244120 LEGISLATIVE ACTION Senate . House . . . Floor: 6/F/2R . 03/29/2023 05:24 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Berman moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 872 - 875 4 and insert: 5 Section 11. Subsection (1) of section 790.065, Florida 6 Statutes, is amended to read: 7 790.065 Sale and delivery of firearms.— 8 (1)(a) A licensed importer, licensed manufacturer, or 9 licensed dealer may not sell or deliver from her or his 10 inventory at her or his licensed premises any firearm to another 11 person, other than a licensed importer, licensed manufacturer, 12 licensed dealer, or licensed collector, until she or he has: 13 1. Obtained a completed form from the potential buyer or 14 transferee, which form shall have been adoptedpromulgatedby 15 the Department of Law Enforcement and provided by the licensed 16 importer, licensed manufacturer, or licensed dealer, which shall 17 include the name, date of birth, gender, race, and social 18 security number or other identification number of such potential 19 buyer or transferee and has inspected proper identification 20 including an identification containing a photograph of the 21 potential buyer or transferee. 22 2. Collected a fee from the potential buyer for processing 23 the criminal history check of the potential buyer. The fee shall 24 be established by the Department of Law Enforcement and may not 25 exceed $8 per transaction. The Department of Law Enforcement may 26 reduce, or suspend collection of, the fee to reflect payment 27 received from the Federal Government applied to the cost of 28 maintaining the criminal history check system established by 29 this section as a means of facilitating or supplementing the 30 National Instant Criminal Background Check System. The 31 Department of Law Enforcement shall, by rule, establish 32 procedures for the fees to be transmitted by the licensee to the 33 Department of Law Enforcement. Such procedures must provide that 34 fees may be paid or transmitted by electronic means, including, 35 but not limited to, debit cards, credit cards, or electronic 36 funds transfers. All such fees shall be deposited into the 37 Department of Law Enforcement Operating Trust Fund, but shall be 38 segregated from all other funds deposited into such trust fund 39 and must be accounted for separately. Such segregated funds must 40 not be used for any purpose other than the operation of the 41 criminal history checks required by this section. The Department 42 of Law Enforcement, each year before February 1, shall make a 43 full accounting of all receipts and expenditures of such funds 44 to the President of the Senate, the Speaker of the House of 45 Representatives, the majority and minority leaders of each house 46 of the Legislature, and the chairs of the appropriations 47 committees of each house of the Legislature. In the event that 48 the cumulative amount of funds collected exceeds the cumulative 49 amount of expenditures by more than $2.5 million, excess funds 50 may be used for the purpose of purchasing soft body armor for 51 law enforcement officers. 52 3. Requested, by means of a toll-free telephone call or 53 other electronic means, the Department of Law Enforcement to 54 conduct a check of the information as reported and reflected in 55 the Florida Crime Information Center and National Crime 56 Information Center systems as of the date of the request. 57 4. Received a unique approval number for that inquiry from 58 the Department of Law Enforcement, and recorded the date and 59 such number on the consent form. 60 (b) However, if the person purchasing, or receiving 61 delivery of, the firearm is a holder of a valid concealed 62 weapons or firearms license pursuant tothe provisions ofs. 63 790.06 or holds an active certification from the Criminal 64 Justice Standards and Training Commission as a “law enforcement 65 officer,” a “correctional officer,” or a “correctional probation 66 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 67 (9), this subsection does not apply. 68 (c) This subsection does not apply to the purchase, trade, 69 or transfer of a rifle or shotgun by a resident of this state 70 when the resident makes such purchase, trade, or transfer from a 71 licensed importer, licensed manufacturer, or licensed dealer in 72 another state. 73 (d)1. If neither party to a prospective firearms sale, 74 lease, or transfer is a licensed dealer, the parties to the 75 transaction must complete the sale, lease, or other transfer 76 through a licensed dealer as follows: 77 a. The seller, lessor, or transferor must deliver the 78 firearm to a licensed dealer who shall process the sale, lease, 79 or transfer as if he or she were the seller, lessor, or 80 transferor, except that the seller, lessor, or transferor who is 81 not a licensed dealer may remove the firearm from the business 82 premises of the licensed dealer while the background check is 83 being conducted and while the waiting period requirement set 84 forth in s. 790.0655 is being met. Other than allowing the 85 unlicensed seller or transferor to remove the firearm from the 86 licensed dealer’s business premises, the licensed dealer shall 87 comply with all requirements of federal and state law which 88 would apply if he or she were the seller, lessor, or transferor 89 of the firearm; 90 b. The licensed dealer shall conduct a background check on 91 the buyer or other transferee in accordance with this section 92 and, unless the transaction is prohibited, after all other legal 93 requirements are met, including those set forth in s. 790.0655, 94 the dealer shall either: 95 (I) Deliver the firearm to the seller, lessor, or 96 transferor, who shall complete the transaction and deliver the 97 firearm to the buyer; or 98 (II) If the seller, lessor, or transferor has removed the 99 firearm from the licensed dealer’s business premises, contact 100 the seller, lessor, or transferor to let him or her know that he 101 or she may complete the transaction and deliver the firearm to 102 the buyer; and 103 c. If the licensed dealer cannot legally complete the 104 transaction, the dealer must: 105 (I) Return the firearm to the seller, lessor, or 106 transferor; or 107 (II) If the seller, lessor, or transferor has removed the 108 firearm from the licensed dealer’s business premises, contact 109 the seller, lessor, or transferor to let him or her know that 110 the transaction is prohibited, and the seller, lessor, or 111 transferor may not deliver the firearm to the buyer. 112 2. The licensed dealer may require the buyer or other 113 transferee to pay a fee covering the administrative costs 114 incurred by the licensed dealer for facilitating the transfer of 115 the firearm, plus applicable fees pursuant to federal and state 116 law. 117 3. This paragraph does not apply to: 118 a. The activities of the United States Marshals Service, 119 members of the United States Armed Forces or the National Guard, 120 or federal officials required to carry firearms while engaged in 121 performing their official duties; and 122 b. The following activities, unless the lawful owner knows 123 or has reasonable cause to believe that federal, state, or local 124 law prohibits the transferee from purchasing or possessing a 125 firearm, or that the transferee is likely to use the firearm for 126 unlawful purposes: 127 (I) The delivery of a firearm to a gunsmith for service or 128 repair, or the return of the firearm to its owner by the 129 gunsmith; 130 (II) The transfer of a firearm to a carrier, warehouseman, 131 or other person engaged in the business of transportation or 132 storage, if the receipt, possession, or having on or about the 133 person of any firearm is in the ordinary course of business and 134 in conformity with federal, state, and local laws, and not for 135 the personal use of any such person; 136 (III) The loan of a firearm solely for the purpose of 137 shooting at targets, if the loan occurs on the premises of a 138 properly licensed target facility and if the firearm is at all 139 times kept within the premises of the target facility; 140 (IV) The loan of a firearm to a person who is younger than 141 18 years of age for lawful hunting, sporting, or educational 142 purposes while under the direct supervision and control of a 143 responsible adult; 144 (V) The loan of a firearm to a person who is 18 years of 145 age or older if the firearm remains in the person’s possession 146 only while the person is accompanying the lawful owner and using 147 the firearm for lawful hunting, sporting, or recreational 148 purposes; or 149 (VI) The loan of a firearm to an adult family member of the 150 lawful owner of the firearm, if the lawful owner resides with 151 the family member but is not present in the residence, provided 152 that the family member does not maintain control over the 153 firearm for more than 10 consecutive days. 154 Section 12. Paragraph (a) of subsection (1) and paragraph 155 (a) of subsection (2) of section 790.0655, Florida Statutes, are 156 amended to read: 157 790.0655 Purchase and delivery of firearms; mandatory 158 waiting period; exceptions; penalties.— 159 (1)(a) A mandatory waiting period is imposed between the 160 purchase and delivery of a firearm, or the delivery through a 161 private sale facilitated through a licensed dealer as provided 162 in s. 790.065(1)(d). The mandatory waiting period is 3 days, 163 excluding weekends and legal holidays, or expires upon the 164 completion of the records checks required under s. 790.065, 165 whichever occurs later. “Purchase” means the transfer of money 166 or other valuable consideration to the retailer. “Retailer” 167 means and includes a licensed importer, licensed manufacturer, 168 or licensed dealer engaged in the business of making firearm 169 sales at retail or for distribution, or use, or consumption, or 170 storage to be used or consumed in this state, as defined in s. 171 212.02(13). 172 173 ================= T I T L E A M E N D M E N T ================ 174 And the title is amended as follows: 175 Delete line 48 176 and insert: 177 amending s. 790.065, F.S.; requiring that, if neither 178 party to a sale, lease, or transfer of a firearm is a 179 licensed dealer, the parties complete the sale, lease, 180 or transfer through a licensed dealer; specifying 181 procedures and requirements for a licensed dealer, 182 seller, lessor, or transferor and for a buyer, lessee, 183 or transferee; authorizing a licensed dealer to charge 184 a buyer or transferee specified fees; providing 185 applicability; amending s. 790.0655, F.S.; applying 186 the mandatory 3-day waiting period to private sales of 187 firearms facilitated through a licensed dealer; making 188 technical changes;