Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì257862@Î257862                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Taddeo moved the following:
       
    1         Senate Amendment to Amendment (318628) (with title
    2  amendment)
    3  
    4         Delete lines 361 - 364
    5  and insert:
    6         Section 10. Present subsection (13) of section 790.065,
    7  Florida Statutes, is redesignated as subsection (14), a new
    8  subsection (13) is added to that section, and paragraph (c) of
    9  subsection (2) of that section is amended, to read:
   10         790.065 Sale and delivery of firearms.—
   11         (2) Upon receipt of a request for a criminal history record
   12  check, the Department of Law Enforcement shall, during the
   13  licensee’s call or by return call, forthwith:
   14         (c)1. Review any records available to it to determine
   15  whether the potential buyer or transferee has been indicted or
   16  has had an information filed against her or him for an offense
   17  that is a felony under either state or federal law, or, as
   18  mandated by federal law, has had an injunction for protection
   19  against domestic violence entered against the potential buyer or
   20  transferee under s. 741.30, has had an injunction for protection
   21  against repeat violence entered against the potential buyer or
   22  transferee under s. 784.046, or has been arrested for a
   23  dangerous crime as specified in s. 907.041(4)(a) or for any of
   24  the following enumerated offenses:
   25         a. Criminal anarchy under ss. 876.01 and 876.02.
   26         b. Extortion under s. 836.05.
   27         c. Explosives violations under s. 552.22(1) and (2).
   28         d. Controlled substances violations under chapter 893.
   29         e. Resisting an officer with violence under s. 843.01.
   30         f. Weapons and firearms violations under this chapter.
   31         g. Treason under s. 876.32.
   32         h. Assisting self-murder under s. 782.08.
   33         i. Sabotage under s. 876.38.
   34         j. Stalking or aggravated stalking under s. 784.048.
   35  
   36  If the review indicates any such indictment, information, or
   37  arrest, the department shall provide to the licensee a
   38  conditional nonapproval number.
   39         2. Within 24 working hours, the department shall determine
   40  the disposition of the indictment, information, or arrest and
   41  inform the licensee as to whether the potential buyer is
   42  prohibited from receiving or possessing a firearm. For purposes
   43  of this paragraph, “working hours” means the hours from 8 a.m.
   44  to 5 p.m. Monday through Friday, excluding legal holidays.
   45         3. The office of the clerk of court, at no charge to the
   46  department, shall respond to any department request for data on
   47  the disposition of the indictment, information, or arrest as
   48  soon as possible, but in no event later than 8 working hours.
   49         4. The department shall determine as quickly as possible
   50  within the allotted time period whether the potential buyer is
   51  prohibited from receiving or possessing a firearm.
   52         5. If the potential buyer is not so prohibited, or if the
   53  department cannot determine the disposition information within
   54  the allotted time period, the department shall provide the
   55  licensee with a conditional approval number.
   56         6. If the buyer is so prohibited, the conditional
   57  nonapproval number shall become a nonapproval number and the
   58  department must notify by telephone or by electronic means,
   59  followed by written notice, the appropriate sheriff’s office and
   60  the local law enforcement agency and identify the potential
   61  buyer who is prohibited from receiving or possessing a firearm.
   62         7. The department shall continue its attempts to obtain the
   63  disposition information and may retain a record of all approval
   64  numbers granted without sufficient disposition information. If
   65  the department later obtains disposition information which
   66  indicates:
   67         a. That the potential buyer is not prohibited from owning a
   68  firearm, it shall treat the record of the transaction in
   69  accordance with this section; or
   70         b. That the potential buyer is prohibited from owning a
   71  firearm, it shall immediately revoke the conditional approval
   72  number and notify local law enforcement.
   73         8. During the time that disposition of the indictment,
   74  information, or arrest is pending and until the department is
   75  notified by the potential buyer that there has been a final
   76  disposition of the indictment, information, or arrest, the
   77  conditional nonapproval number shall remain in effect.
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81         Delete line 2497
   82  and insert:
   83         F.S.; requiring the Department of Law Enforcement to
   84         notify, by telephone or by electronic means, and in
   85         writing, the appropriate sheriff’s office and local
   86         law enforcement agency and identify potential buyers
   87         who are prohibited from receiving or possessing a
   88         firearm; prohibiting a person younger than a certain
   89         age