Florida Senate - 2023 SB 1024 By Senator Stewart 17-00594A-23 20231024__ 1 A bill to be entitled 2 An act relating to firearm liability insurance; 3 creating s. 790.0651, F.S.; defining the terms 4 “purchaser” and “qualified liability insurance 5 policy”; requiring specified purchasers of firearms to 6 be covered by a qualified liability insurance policy; 7 prohibiting a private seller or transferor, licensed 8 importer, licensed manufacturer, or licensed dealer 9 from knowingly and willfully selling or delivering a 10 firearm to a purchaser not meeting such requirement; 11 providing that a private seller or transferor, 12 licensed importer, licensed manufacturer, or licensed 13 dealer is not subject to criminal liability if certain 14 conditions are met; requiring the Department of Law 15 Enforcement to adopt a certain form by rule; providing 16 criminal penalties; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 790.0651, Florida Statutes, is created 21 to read: 22 790.0651 Required liability insurance for the purchase of a 23 firearm by certain persons; prohibitions; penalties.— 24 (1) As used in this section, the term: 25 (a) “Purchaser” means a person buying a firearm who resides 26 at the same address as any person 21 years of age or younger. 27 (b) “Qualified liability insurance policy” means a 28 liability insurance policy that: 29 1. Covers a purchaser specifically for losses resulting 30 from use of a firearm while it is owned by the purchaser; 31 2. Provides such coverage in the amounts of at least 32 $25,000 in medical benefits for injuries incurred as a result of 33 the discharge of the firearm and $10,000 in liability coverage 34 for property damage resulting from the discharge of the firearm; 35 and 36 3. Is issued by an insurer authorized to transact insurance 37 in this state. 38 (2) Notwithstanding any law to the contrary, a purchaser 39 shall be covered by a qualified liability insurance policy while 40 the purchaser is in possession of a firearm or while the 41 purchaser resides at the same address as any person 21 years of 42 age or younger. 43 (3) Notwithstanding any law to the contrary, a private 44 seller or transferor, licensed importer, licensed manufacturer, 45 or licensed dealer may not knowingly and willfully sell or 46 deliver a firearm to a purchaser who does not meet the 47 requirements of subsection (2). 48 (4) A private seller or transferor, licensed importer, 49 licensed manufacturer, or licensed dealer is not subject to 50 criminal liability under this section if: 51 (a) The purchaser provides the private seller or 52 transferor, licensed importer, licensed manufacturer, or 53 licensed dealer proof that the purchaser has a qualified 54 liability insurance policy before the sale or transfer, and the 55 private seller or transferor, licensed importer, licensed 56 manufacturer, or licensed dealer provides such proof to the 57 Department of Law Enforcement; or 58 (b) The buyer attests in a written declaration, in a form 59 prescribed by rule of the Department of Law Enforcement and 60 verified in accordance with s. 92.525(2), that he or she does 61 not reside at the same address as any person 21 years of age or 62 younger, and the private seller or transferor, licensed 63 importer, licensed manufacturer, or licensed dealer provides 64 such declaration to the Department of Law Enforcement. 65 (5) A purchaser who violates subsection (2) commits a 66 misdemeanor of the first degree, punishable as provided in s. 67 775.082 or s. 775.083. A person who knowingly makes a false 68 declaration under paragraph (4)(b) violates s. 92.525(3), 69 punishable as provided in that section. 70 (6) A private seller or transferor, licensed importer, 71 licensed manufacturer, or licensed dealer who violates 72 subsection (3) commits a felony of the third degree, punishable 73 as provided in s. 775.082, s. 775.083, or s. 775.084. 74 Section 2. This act shall take effect October 1, 2023.