Florida Senate - 2022 SB 334 By Senator Polsky 29-00583-22 2022334__ 1 A bill to be entitled 2 An act relating to the sale or transfer of ammunition; 3 providing a short title; amending s. 790.065, F.S.; 4 requiring background checks for the sale or transfer 5 of ammunition; providing exceptions; conforming 6 provisions to changes made by the act; providing an 7 effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1.This act may be cited as Jaimes Law. 12 Section 2.Subsections (1), (2), and (3), paragraphs (b), 13 (c), and (d) of subsection (4), and subsections (6), (11), and 14 (12) of section 790.065, Florida Statutes, are amended, and 15 subsections (8), (10), and (14) of that section are republished, 16 to read: 17 790.065Sale and delivery of firearms and ammunition. 18 (1)(a)A licensed importer, licensed manufacturer, or 19 licensed dealer may not sell or deliver from her or his 20 inventory at her or his licensed premises any firearm or 21 ammunition to another person, other than a licensed importer, 22 licensed manufacturer, licensed dealer, or licensed collector, 23 until she or he has: 24 1.Obtained a completed form from the potential buyer or 25 transferee, which form shall have been promulgated by the 26 Department of Law Enforcement and provided by the licensed 27 importer, licensed manufacturer, or licensed dealer, which shall 28 include the name, date of birth, gender, race, and social 29 security number or other identification number of such potential 30 buyer or transferee and has inspected proper identification 31 including an identification containing a photograph of the 32 potential buyer or transferee. 33 2.Collected a fee from the potential buyer for processing 34 the criminal history check of the potential buyer. The fee shall 35 be established by the Department of Law Enforcement and may not 36 exceed $8 per transaction. The Department of Law Enforcement may 37 reduce, or suspend collection of, the fee to reflect payment 38 received from the Federal Government applied to the cost of 39 maintaining the criminal history check system established by 40 this section as a means of facilitating or supplementing the 41 National Instant Criminal Background Check System. The 42 Department of Law Enforcement shall, by rule, establish 43 procedures for the fees to be transmitted by the licensee to the 44 Department of Law Enforcement. Such procedures must provide that 45 fees may be paid or transmitted by electronic means, including, 46 but not limited to, debit cards, credit cards, or electronic 47 funds transfers. All such fees shall be deposited into the 48 Department of Law Enforcement Operating Trust Fund, but shall be 49 segregated from all other funds deposited into such trust fund 50 and must be accounted for separately. Such segregated funds must 51 not be used for any purpose other than the operation of the 52 criminal history checks required by this section. The Department 53 of Law Enforcement, each year before February 1, shall make a 54 full accounting of all receipts and expenditures of such funds 55 to the President of the Senate, the Speaker of the House of 56 Representatives, the majority and minority leaders of each house 57 of the Legislature, and the chairs of the appropriations 58 committees of each house of the Legislature. In the event that 59 the cumulative amount of funds collected exceeds the cumulative 60 amount of expenditures by more than $2.5 million, excess funds 61 may be used for the purpose of purchasing soft body armor for 62 law enforcement officers. 63 3.Requested, by means of a toll-free telephone call or 64 other electronic means, the Department of Law Enforcement to 65 conduct a check of the information as reported and reflected in 66 the Florida Crime Information Center and National Crime 67 Information Center systems as of the date of the request. 68 4.Received a unique approval number for that inquiry from 69 the Department of Law Enforcement, and recorded the date and 70 such number on the consent form. 71 (b)However, if the person purchasing, or receiving 72 delivery of, the firearm or ammunition is a holder of a valid 73 concealed weapons or firearms license pursuant to the provisions 74 of s. 790.06 or holds an active certification from the Criminal 75 Justice Standards and Training Commission as a law enforcement 76 officer, a correctional officer, or a correctional probation 77 officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 78 (9), this subsection does not apply. 79 (c)This subsection does not apply to the purchase, trade, 80 or transfer of a rifle or shotgun or rifle or shotgun ammunition 81 by a resident of this state when the resident makes such 82 purchase, trade, or transfer from a licensed importer, licensed 83 manufacturer, or licensed dealer in another state. 84 (d)This subsection does not apply to a transfer of 85 ammunition if the transferor has no reason to believe that the 86 transferee will use or intends to use the ammunition in a crime 87 or that the transferee is prohibited from possessing ammunition 88 under state or federal law, and the transfer takes place and the 89 transferees possession of the ammunition is exclusively: 90 1.At a shooting range or in a shooting gallery or other 91 area designated for the purpose of target shooting; or 92 2.While reasonably necessary for the purposes of hunting, 93 trapping, or fishing, if the transferor: 94 a.Has no reason to believe that the transferee intends to 95 use the ammunition in a place where it is illegal; and 96 b.Has reason to believe that the transferee will comply 97 with all licensing and permit requirements for such hunting, 98 trapping, or fishing; or 99 c.Is in the presence of the transferee. 100 (2)Upon receipt of a request for a criminal history record 101 check, the Department of Law Enforcement shall, during the 102 licensees call or by return call, forthwith: 103 (a)Review any records available to determine if the 104 potential buyer or transferee: 105 1.Has been convicted of a felony and is prohibited from 106 receipt or possession of a firearm or ammunition pursuant to s. 107 790.23; 108 2.Has been convicted of a misdemeanor crime of domestic 109 violence, and therefore is prohibited from purchasing a firearm 110 or ammunition; 111 3.Has had adjudication of guilt withheld or imposition of 112 sentence suspended on any felony or misdemeanor crime of 113 domestic violence unless 3 years have elapsed since probation or 114 any other conditions set by the court have been fulfilled or 115 expunction has occurred; or 116 4.Has been adjudicated mentally defective or has been 117 committed to a mental institution by a court or as provided in 118 sub-sub-subparagraph b.(II), and as a result is prohibited by 119 state or federal law from purchasing a firearm. 120 a.As used in this subparagraph, adjudicated mentally 121 defective means a determination by a court that a person, as a 122 result of marked subnormal intelligence, or mental illness, 123 incompetency, condition, or disease, is a danger to himself or 124 herself or to others or lacks the mental capacity to contract or 125 manage his or her own affairs. The phrase includes a judicial 126 finding of incapacity under s. 744.331(6)(a), an acquittal by 127 reason of insanity of a person charged with a criminal offense, 128 and a judicial finding that a criminal defendant is not 129 competent to stand trial. 130 b.As used in this subparagraph, committed to a mental 131 institution means: 132 (I)Involuntary commitment, commitment for mental 133 defectiveness or mental illness, and commitment for substance 134 abuse. The phrase includes involuntary inpatient placement under 135 as defined in s. 394.467, involuntary outpatient placement under 136 as defined in s. 394.4655, involuntary assessment and 137 stabilization under s. 397.6818, and involuntary substance abuse 138 treatment under s. 397.6957, but does not include a person in a 139 mental institution for observation or discharged from a mental 140 institution based upon the initial review by the physician or a 141 voluntary admission to a mental institution; or 142 (II)Notwithstanding sub-sub-subparagraph (I), voluntary 143 admission to a mental institution for outpatient or inpatient 144 treatment of a person who had an involuntary examination under 145 s. 394.463, where each of the following conditions have been 146 met: 147 (A)An examining physician found that the person is an 148 imminent danger to himself or herself or others. 149 (B)The examining physician certified that if the person 150 did not agree to voluntary treatment, a petition for involuntary 151 outpatient or inpatient treatment would have been filed under s. 152 394.463(2)(g)4., or the examining physician certified that a 153 petition was filed and the person subsequently agreed to 154 voluntary treatment prior to a court hearing on the petition. 155 (C)Before agreeing to voluntary treatment, the person 156 received written notice of that finding and certification, and 157 written notice that as a result of such finding, he or she may 158 be prohibited from purchasing a firearm, and may not be eligible 159 to apply for or retain a concealed weapon or firearms license 160 under s. 790.06 and the person acknowledged such notice in 161 writing, in substantially the following form: 162 I understand that the doctor who examined me believes I am a 163 danger to myself or to others. I understand that if I do not 164 agree to voluntary treatment, a petition will be filed in court 165 to require me to receive involuntary treatment. I understand 166 that if that petition is filed, I have the right to contest it. 167 In the event a petition has been filed, I understand that I can 168 subsequently agree to voluntary treatment prior to a court 169 hearing. I understand that by agreeing to voluntary treatment in 170 either of these situations, I may be prohibited from buying 171 firearms and from applying for or retaining a concealed weapons 172 or firearms license until I apply for and receive relief from 173 that restriction under Florida law. 174 (D)A judge or a magistrate has, pursuant to sub-sub 175 subparagraph c.(II), reviewed the record of the finding, 176 certification, notice, and written acknowledgment classifying 177 the person as an imminent danger to himself or herself or 178 others, and ordered that such record be submitted to the 179 department. 180 c.In order to check for these conditions, the department 181 shall compile and maintain an automated database of persons who 182 are prohibited from purchasing a firearm based on court records 183 of adjudications of mental defectiveness or commitments to 184 mental institutions. 185 (I)Except as provided in sub-sub-subparagraph (II), clerks 186 of court shall submit these records to the department within 1 187 month after the rendition of the adjudication or commitment. 188 Reports shall be submitted in an automated format. The reports 189 must, at a minimum, include the name, along with any known alias 190 or former name, the sex, and the date of birth of the subject. 191 (II)For persons committed to a mental institution pursuant 192 to sub-sub-subparagraph b.(II), within 24 hours after the 193 persons agreement to voluntary admission, a record of the 194 finding, certification, notice, and written acknowledgment must 195 be filed by the administrator of the receiving or treatment 196 facility, as defined in s. 394.455, with the clerk of the court 197 for the county in which the involuntary examination under s. 198 394.463 occurred. No fee shall be charged for the filing under 199 this sub-sub-subparagraph. The clerk must present the records to 200 a judge or magistrate within 24 hours after receipt of the 201 records. A judge or magistrate is required and has the lawful 202 authority to review the records ex parte and, if the judge or 203 magistrate determines that the record supports the classifying 204 of the person as an imminent danger to himself or herself or 205 others, to order that the record be submitted to the department. 206 If a judge or magistrate orders the submittal of the record to 207 the department, the record must be submitted to the department 208 within 24 hours. 209 d.A person who has been adjudicated mentally defective or 210 committed to a mental institution, as those terms are defined in 211 this paragraph, may petition the court that made the 212 adjudication or commitment, or the court that ordered that the 213 record be submitted to the department pursuant to sub-sub 214 subparagraph c.(II), for relief from the firearm disabilities 215 imposed by such adjudication or commitment. A copy of the 216 petition shall be served on the state attorney for the county in 217 which the person was adjudicated or committed. The state 218 attorney may object to and present evidence relevant to the 219 relief sought by the petition. The hearing on the petition may 220 be open or closed as the petitioner may choose. The petitioner 221 may present evidence and subpoena witnesses to appear at the 222 hearing on the petition. The petitioner may confront and cross 223 examine witnesses called by the state attorney. A record of the 224 hearing shall be made by a certified court reporter or by court 225 approved electronic means. The court shall make written findings 226 of fact and conclusions of law on the issues before it and issue 227 a final order. The court shall grant the relief requested in the 228 petition if the court finds, based on the evidence presented 229 with respect to the petitioners reputation, the petitioners 230 mental health record and, if applicable, criminal history 231 record, the circumstances surrounding the firearm disability, 232 and any other evidence in the record, that the petitioner will 233 not be likely to act in a manner that is dangerous to public 234 safety and that granting the relief would not be contrary to the 235 public interest. If the final order denies relief, the 236 petitioner may not petition again for relief from firearm 237 disabilities until 1 year after the date of the final order. The 238 petitioner may seek judicial review of a final order denying 239 relief in the district court of appeal having jurisdiction over 240 the court that issued the order. The review shall be conducted 241 de novo. Relief from a firearm disability granted under this 242 sub-subparagraph has no effect on the loss of civil rights, 243 including firearm rights, for any reason other than the 244 particular adjudication of mental defectiveness or commitment to 245 a mental institution from which relief is granted. 246 e.Upon receipt of proper notice of relief from firearm 247 disabilities granted under sub-subparagraph d., the department 248 shall delete any mental health record of the person granted 249 relief from the automated database of persons who are prohibited 250 from purchasing a firearm based on court records of 251 adjudications of mental defectiveness or commitments to mental 252 institutions. 253 f.The department is authorized to disclose data collected 254 pursuant to this subparagraph to agencies of the Federal 255 Government and other states for use exclusively in determining 256 the lawfulness of a firearm sale or transfer. The department is 257 also authorized to disclose this data to the Department of 258 Agriculture and Consumer Services for purposes of determining 259 eligibility for issuance of a concealed weapons or concealed 260 firearms license and for determining whether a basis exists for 261 revoking or suspending a previously issued license pursuant to 262 s. 790.06(10). When a potential buyer or transferee appeals a 263 nonapproval based on these records, the clerks of court and 264 mental institutions shall, upon request by the department, 265 provide information to help determine whether the potential 266 buyer or transferee is the same person as the subject of the 267 record. Photographs and any other data that could confirm or 268 negate identity must be made available to the department for 269 such purposes, notwithstanding any other provision of state law 270 to the contrary. Any such information that is made confidential 271 or exempt from disclosure by law shall retain such confidential 272 or exempt status when transferred to the department. 273 (b)Inform the licensee making the inquiry either that 274 records demonstrate that the buyer or transferee is so 275 prohibited and provide the licensee a nonapproval number, or 276 provide the licensee with a unique approval number. 277 (c)1.Review any records available to it to determine 278 whether the potential buyer or transferee has been indicted or 279 has had an information filed against her or him for an offense 280 that is a felony under either state or federal law, or, as 281 mandated by federal law, has had an injunction for protection 282 against domestic violence entered against the potential buyer or 283 transferee under s. 741.30, has had an injunction for protection 284 against repeat violence entered against the potential buyer or 285 transferee under s. 784.046, or has been arrested for a 286 dangerous crime as specified in s. 907.041(4)(a) or for any of 287 the following enumerated offenses: 288 a.Criminal anarchy under ss. 876.01 and 876.02. 289 b.Extortion under s. 836.05. 290 c.Explosives violations under s. 552.22(1) and (2). 291 d.Controlled substances violations under chapter 893. 292 e.Resisting an officer with violence under s. 843.01. 293 f.Weapons and firearms violations under this chapter. 294 g.Treason under s. 876.32. 295 h.Assisting self-murder under s. 782.08. 296 i.Sabotage under s. 876.38. 297 j.Stalking or aggravated stalking under s. 784.048. 298 299 If the review indicates any such indictment, information, or 300 arrest, the department shall provide to the licensee a 301 conditional nonapproval number. 302 2.Within 24 working hours, the department shall determine 303 the disposition of the indictment, information, or arrest and 304 inform the licensee as to whether the potential buyer is 305 prohibited from receiving or possessing a firearm or ammunition. 306 For purposes of this paragraph, working hours means the hours 307 from 8 a.m. to 5 p.m. Monday through Friday, excluding legal 308 holidays. 309 3.The office of the clerk of court, at no charge to the 310 department, shall respond to any department request for data on 311 the disposition of the indictment, information, or arrest as 312 soon as possible, but in no event later than 8 working hours. 313 4.The department shall determine as quickly as possible 314 within the allotted time period whether the potential buyer is 315 prohibited from receiving or possessing a firearm or ammunition. 316 5.If the potential buyer is not so prohibited, or if the 317 department cannot determine the disposition information within 318 the allotted time period, the department shall provide the 319 licensee with a conditional approval number. 320 6.If the buyer is so prohibited, the conditional 321 nonapproval number shall become a nonapproval number. 322 7.The department shall continue its attempts to obtain the 323 disposition information and may retain a record of all approval 324 numbers granted without sufficient disposition information. If 325 the department later obtains disposition information which 326 indicates: 327 a.That the potential buyer is not prohibited from owning a 328 firearm or ammunition, it shall treat the record of the 329 transaction in accordance with this section; or 330 b.That the potential buyer is prohibited from owning a 331 firearm or ammunition, it shall immediately revoke the 332 conditional approval number and notify local law enforcement. 333 8.During the time that disposition of the indictment, 334 information, or arrest is pending and until the department is 335 notified by the potential buyer that there has been a final 336 disposition of the indictment, information, or arrest, the 337 conditional nonapproval number shall remain in effect. 338 (3)In the event of scheduled computer downtime, electronic 339 failure, or similar emergency beyond the control of the 340 Department of Law Enforcement, the department shall immediately 341 notify the licensee of the reason for, and estimated length of, 342 such delay. After such notification, the department shall 343 forthwith, and in no event later than the end of the next 344 business day of the licensee, either inform the requesting 345 licensee if its records demonstrate that the buyer or transferee 346 is prohibited from receipt or possession of a firearm or 347 ammunition pursuant to Florida and Federal law or provide the 348 licensee with a unique approval number. Unless notified by the 349 end of said next business day that the buyer or transferee is so 350 prohibited, and without regard to whether she or he has received 351 a unique approval number, the licensee may complete the sale or 352 transfer and shall not be deemed in violation of this section 353 with respect to such sale or transfer. 354 (4) 355 (b)Notwithstanding the provisions of this subsection, the 356 Department of Law Enforcement may maintain records of NCIC 357 transactions to the extent required by the Federal Government, 358 and may maintain a log of dates of requests for criminal history 359 records checks, unique approval and nonapproval numbers, license 360 identification numbers, and transaction numbers corresponding to 361 such dates for a period of not longer than 2 years or as 362 otherwise required by law. 363 (c)Nothing in this chapter shall be construed to allow the 364 State of Florida to maintain records containing the names of 365 purchasers or transferees who receive unique approval numbers or 366 to maintain records of firearm or ammunition transactions. 367 (d)Any officer or employee, or former officer or employee, 368 of the Department of Law Enforcement or a law enforcement agency 369 who intentionally and maliciously violates the provisions of 370 this subsection commits a felony of the third degree, punishable 371 as provided in s. 775.082 or s. 775.083. 372 (6)Any person who is denied the right to receive or 373 purchase a firearm or ammunition as a result of the procedures 374 established by this section may request a criminal history 375 records review and correction in accordance with the rules 376 promulgated by the Department of Law Enforcement. 377 (8)The Department of Law Enforcement shall promulgate 378 regulations to ensure the identity, confidentiality, and 379 security of all records and data provided pursuant to this 380 section. 381 (10)A licensed importer, licensed manufacturer, or 382 licensed dealer is not required to comply with the requirements 383 of this section in the event of: 384 (a)Unavailability of telephone service at the licensed 385 premises due to the failure of the entity which provides 386 telephone service in the state, region, or other geographical 387 area in which the licensee is located to provide telephone 388 service to the premises of the licensee due to the location of 389 said premises; or the interruption of telephone service by 390 reason of hurricane, tornado, flood, natural disaster, or other 391 act of God, war, invasion, insurrection, riot, or other bona 392 fide emergency, or other reason beyond the control of the 393 licensee; or 394 (b)Failure of the Department of Law Enforcement to comply 395 with the requirements of subsections (2) and (3). 396 (11)Compliance with the provisions of this chapter shall 397 be a complete defense to any claim or cause of action under the 398 laws of any state for liability for damages arising from the 399 importation or manufacture, or the subsequent sale or transfer 400 to any person who has been convicted in any court of a crime 401 punishable by imprisonment for a term exceeding 1 year, of any 402 firearm or ammunition that which has been shipped or transported 403 in interstate or foreign commerce. The Department of Law 404 Enforcement and, its agents and employees shall not be liable 405 for any claim or cause of action under the laws of any state for 406 liability for damages arising from its actions in lawful 407 compliance with this section. 408 (12)(a)Any potential buyer or transferee who willfully and 409 knowingly provides false information or false or fraudulent 410 identification commits a felony of the third degree, punishable 411 as provided in s. 775.082 or s. 775.083. 412 (b)Any licensed importer, licensed manufacturer, or 413 licensed dealer who violates the provisions of subsection (1) 414 commits a felony of the third degree, punishable as provided in 415 s. 775.082 or s. 775.083. 416 (c)Any employee or agency of a licensed importer, licensed 417 manufacturer, or licensed dealer who violates the provisions of 418 subsection (1) commits a felony of the third degree, punishable 419 as provided in s. 775.082 or s. 775.083. 420 (d)Any person who knowingly acquires a firearm or 421 ammunition through purchase or transfer intended for the use of 422 a person who is prohibited by state or federal law from 423 possessing or receiving a firearm or ammunition commits a felony 424 of the third degree, punishable as provided in s. 775.082 or s. 425 775.083. 426 (14)This section does not apply to employees of sheriffs 427 offices, municipal police departments, correctional facilities 428 or agencies, or other criminal justice or governmental agencies 429 when the purchases or transfers are made on behalf of an 430 employing agency for official law enforcement purposes. 431 Section 3.This act shall take effect October 1, 2022.