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.