Florida 2023 Regular Session

Florida House Bill H0151 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 151 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0151-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to sales of ammunition; providing a 2
16	16	short title; amending s. 790.065, F.S.; requiring 3
17	17	background checks for the sale or transfer of 4
18	18	ammunition; providing exceptions; conforming 5
19	19	provisions to changes made by the act; providing an 6
20	20	effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. This act may be cited as "Jaime's Law." 11
25	25	Section 2. Subsections (1), (2), and (3), paragraphs (b), 12
26	26	(c), and (d) of subsection (4), and subsections (6), (11), and 13
27	27	(12) of section 790.065, Florida Statutes, are amended, and 14
28	28	subsections (8), (10), and (14) of that section are republished, 15
29	29	to read: 16
30	30	790.065 Sale and delivery of fi rearms and ammunition.— 17
31	31	(1)(a) A licensed importer, licensed manufacturer, or 18
32	32	licensed dealer may not sell or deliver from her or his 19
33	33	inventory at her or his licensed premises any firearm or 20
34	34	ammunition to another person, other than a licensed importer, 21
35	35	licensed manufacturer, licensed dealer, or licensed collector, 22
36	36	until she or he has: 23
37	37	1. Obtained a completed form from the potential buyer or 24
38	38	transferee, which form shall have been promulgated by the 25
39	39
40	40	HB 151 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	Department of Law Enforcement and provided by the licens ed 26
52	52	importer, licensed manufacturer, or licensed dealer, which shall 27
53	53	include the name, date of birth, gender, race, and social 28
54	54	security number or other identification number of such potential 29
55	55	buyer or transferee and has inspected proper identification 30
56	56	including an identification containing a photograph of the 31
57	57	potential buyer or transferee. 32
58	58	2. Collected a fee from the potential buyer for processing 33
59	59	the criminal history check of the potential buyer. The fee shall 34
60	60	be established by the Department of Law Enfor cement and may not 35
61	61	exceed $8 per transaction. The Department of Law Enforcement may 36
62	62	reduce, or suspend collection of, the fee to reflect payment 37
63	63	received from the Federal Government applied to the cost of 38
64	64	maintaining the criminal history check system estab lished by 39
65	65	this section as a means of facilitating or supplementing the 40
66	66	National Instant Criminal Background Check System. The 41
67	67	Department of Law Enforcement shall, by rule, establish 42
68	68	procedures for the fees to be transmitted by the licensee to the 43
69	69	Department of Law Enforcement. Such procedures must provide that 44
70	70	fees may be paid or transmitted by electronic means, including, 45
71	71	but not limited to, debit cards, credit cards, or electronic 46
72	72	funds transfers. All such fees shall be deposited into the 47
73	73	Department of Law Enforcement Operating Trust Fund, but shall be 48
74	74	segregated from all other funds deposited into such trust fund 49
75	75	and must be accounted for separately. Such segregated funds must 50
76	76
77	77	HB 151 2023
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	not be used for any purpose other than the operation of the 51
89	89	criminal history checks required by this section. The Department 52
90	90	of Law Enforcement, each year before February 1, shall make a 53
91	91	full accounting of all receipts and expenditures of such funds 54
92	92	to the President of the Senate, the Speaker of the House of 55
93	93	Representatives, the majo rity and minority leaders of each house 56
94	94	of the Legislature, and the chairs of the appropriations 57
95	95	committees of each house of the Legislature. In the event that 58
96	96	the cumulative amount of funds collected exceeds the cumulative 59
97	97	amount of expenditures by more t han $2.5 million, excess funds 60
98	98	may be used for the purpose of purchasing soft body armor for 61
99	99	law enforcement officers. 62
100	100	3. Requested, by means of a toll -free telephone call or 63
101	101	other electronic means, the Department of Law Enforcement to 64
102	102	conduct a check of the information as reported and reflected in 65
103	103	the Florida Crime Information Center and National Crime 66
104	104	Information Center systems as of the date of the request. 67
105	105	4. Received a unique approval number for that inquiry from 68
106	106	the Department of Law Enforcement, and recorded the date and 69
107	107	such number on the consent form. 70
108	108	(b) However, if the person purchasing, or receiving 71
109	109	delivery of, the firearm or ammunition is a holder of a valid 72
110	110	concealed weapons or firearms license pursuant to the provisions 73
111	111	of s. 790.06 or holds an active certification from the Criminal 74
112	112	Justice Standards and Training Commission as a "law enforcement 75
113	113
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
124	124
125	125	officer," a "correctional officer," or a "correctional probation 76
126	126	officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 77
127	127	(9), this subsection does not apply. 78
128	128	(c) This subsection does not apply to the purchase, trade, 79
129	129	or transfer of a rifle or shotgun or rifle or shotgun ammunition 80
130	130	by a resident of this state when the resident makes such 81
131	131	purchase, trade, or transfer from a licensed impor ter, licensed 82
132	132	manufacturer, or licensed dealer in another state. 83
133	133	(d) This subsection does not apply to a transfer of 84
134	134	ammunition if the transferor has no reason to believe that the 85
135	135	transferee will use or intends to use the ammunition in a crime 86
136	136	or that the transferee is prohibited from possessing ammunition 87
137	137	under state or federal law, and the transfer takes place and the 88
138	138	transferee's possession of the ammunition is exclusively: 89
139	139	1. At a shooting range or in a shooting gallery or other 90
140	140	area designated for the purpose of target shooting; or 91
141	141	2. While reasonably necessary for the purposes of hunting, 92
142	142	trapping, or fishing, if the transferor: 93
143	143	a. Has no reason to believe that the transferee intends to 94
144	144	use the ammunition in a place where it is illegal; and 95
145	145	b. Has reason to believe that the transferee will comply 96
146	146	with all licensing and permit requirements for such hunting, 97
147	147	trapping, or fishing; or 98
148	148	c. Is the presence of the transferee. 99
149	149	(2) Upon receipt of a request for a criminal history 100
150	150
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	record check, the Department of Law Enforcement shall, during 101
163	163	the licensee's call or by return call, forthwith: 102
164	164	(a) Review any records available to determine if the 103
165	165	potential buyer or transferee: 104
166	166	1. Has been convicted of a felony and is prohibited from 105
167	167	receipt or possession of a firearm or ammunition pursuant to s. 106
168	168	790.23; 107
169	169	2. Has been convicted of a misdemeanor crime of domestic 108
170	170	violence, and therefore is prohibited from purchasing a firearm 109
171	171	or ammunition; 110
172	172	3. Has had adjudication of guilt withheld or imposition of 111
173	173	sentence suspended on any felony or misdemeanor crime of 112
174	174	domestic violence unless 3 years have elapsed since probation or 113
175	175	any other conditions set by the court have been fulfilled or 114
176	176	expunction has occurred; or 115
177	177	4. Has been adjudicated mentally defective or has been 116
178	178	committed to a mental institution by a court or as provided in 117
179	179	sub-sub-subparagraph b.(II), and as a result is prohibited by 118
180	180	state or federal law from purchasing a firearm. 119
181	181	a. As used in this subparagraph, "adjudicated mentally 120
182	182	defective" means a determination by a court that a person, as a 121
183	183	result of marked subnormal intelligence, or mental illness, 122
184	184	incompetency, condition, or disease, is a danger to himself or 123
185	185	herself or to others or lacks the mental capacity to contract or 124
186	186	manage his or her own affairs. The phrase includes a judicial 125
187	187
188	188	HB 151 2023
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	finding of incapacity under s. 744.331(6)(a), an acquittal by 126
200	200	reason of insanity of a person charged with a criminal offense, 127
201	201	and a judicial finding that a criminal defendant is not 128
202	202	competent to stand trial. 129
203	203	b. As used in this subparagraph, "committed to a mental 130
204	204	institution" means: 131
205	205	(I) Involuntary commitment, commitment for mental 132
206	206	defectiveness or mental illness, and commitment for substance 133
207	207	abuse. The phrase includes involuntary inpatient placement under 134
208	208	as defined in s. 394.467, involuntary outpatient placement under 135
209	209	as defined in s. 394.4655, involuntary assessment and 136
210	210	stabilization under s. 397.6818, and involuntary substance abuse 137
211	211	treatment under s. 397.6957, but does not include a person in a 138
212	212	mental institution for observation or discharged from a mental 139
213	213	institution based upon the initial review by the physician or a 140
214	214	voluntary admission to a mental institution; or 141
215	215	(II) Notwithstanding sub -sub-subparagraph (I), voluntary 142
216	216	admission to a mental institution fo r outpatient or inpatient 143
217	217	treatment of a person who had an involuntary examination under 144
218	218	s. 394.463, where each of the following conditions have been 145
219	219	met: 146
220	220	(A) An examining physician found that the person is an 147
221	221	imminent danger to himself or herself or oth ers. 148
222	222	(B) The examining physician certified that if the person 149
223	223	did not agree to voluntary treatment, a petition for involuntary 150
224	224
225	225	HB 151 2023
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	outpatient or inpatient treatment would have been filed under s. 151
237	237	394.463(2)(g)4., or the examining physician certified that a 152
238	238	petition was filed and the person subsequently agreed to 153
239	239	voluntary treatment prior to a court hearing on the petition. 154
240	240	(C) Before agreeing to voluntary treatment, the person 155
241	241	received written notice of that finding and certification, and 156
242	242	written notice that as a result of such finding, he or she may 157
243	243	be prohibited from purchasing a firearm, and may not be eligible 158
244	244	to apply for or retain a concealed weapon or firearms license 159
245	245	under s. 790.06 and the person acknowledged such notice in 160
246	246	writing, in substantially the following form: 161
247	247	"I understand that the doctor who examined me believes I am a 162
248	248	danger to myself or to others. I understand that if I do not 163
249	249	agree to voluntary treatment, a petition will be filed in court 164
250	250	to require me to receive involuntary treatment. I understand 165
251	251	that if that petition is filed, I have the right to contest it. 166
252	252	In the event a petition has been filed, I understand that I can 167
253	253	subsequently agree to voluntary treatment prior to a court 168
254	254	hearing. I understand that by agreeing to voluntary trea tment in 169
255	255	either of these situations, I may be prohibited from buying 170
256	256	firearms and from applying for or retaining a concealed weapons 171
257	257	or firearms license until I apply for and receive relief from 172
258	258	that restriction under Florida law." 173
259	259	(D) A judge or a magis trate has, pursuant to sub -sub-174
260	260	subparagraph c.(II), reviewed the record of the finding, 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	certification, notice, and written acknowledgment classifying 176
274	274	the person as an imminent danger to himself or herself or 177
275	275	others, and ordered that such record be submitte d to the 178
276	276	department. 179
277	277	c. In order to check for these conditions, the department 180
278	278	shall compile and maintain an automated database of persons who 181
279	279	are prohibited from purchasing a firearm based on court records 182
280	280	of adjudications of mental defectiveness or com mitments to 183
281	281	mental institutions. 184
282	282	(I) Except as provided in sub -sub-subparagraph (II), 185
283	283	clerks of court shall submit these records to the department 186
284	284	within 1 month after the rendition of the adjudication or 187
285	285	commitment. Reports shall be submitted in an auto mated format. 188
286	286	The reports must, at a minimum, include the name, along with any 189
287	287	known alias or former name, the sex, and the date of birth of 190
288	288	the subject. 191
289	289	(II) For persons committed to a mental institution 192
290	290	pursuant to sub-sub-subparagraph b.(II), within 2 4 hours after 193
291	291	the person's agreement to voluntary admission, a record of the 194
292	292	finding, certification, notice, and written acknowledgment must 195
293	293	be filed by the administrator of the receiving or treatment 196
294	294	facility, as defined in s. 394.455, with the clerk of t he court 197
295	295	for the county in which the involuntary examination under s. 198
296	296	394.463 occurred. No fee shall be charged for the filing under 199
297	297	this sub-sub-subparagraph. The clerk must present the records to 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
309	309
310	310	a judge or magistrate within 24 hours after receipt of the 201
311	311	records. A judge or magistrate is required and has the lawful 202
312	312	authority to review the records ex parte and, if the judge or 203
313	313	magistrate determines that the record supports the classifying 204
314	314	of the person as an imminent danger to himself or herself or 205
315	315	others, to order that the record be submitted to the department. 206
316	316	If a judge or magistrate orders the submittal of the record to 207
317	317	the department, the record must be submitted to the department 208
318	318	within 24 hours. 209
319	319	d. A person who has been adjudicated mentally defecti ve or 210
320	320	committed to a mental institution, as those terms are defined in 211
321	321	this paragraph, may petition the court that made the 212
322	322	adjudication or commitment, or the court that ordered that the 213
323	323	record be submitted to the department pursuant to sub -sub-214
324	324	subparagraph c.(II), for relief from the firearm disabilities 215
325	325	imposed by such adjudication or commitment. A copy of the 216
326	326	petition shall be served on the state attorney for the county in 217
327	327	which the person was adjudicated or committed. The state 218
328	328	attorney may object to an d present evidence relevant to the 219
329	329	relief sought by the petition. The hearing on the petition may 220
330	330	be open or closed as the petitioner may choose. The petitioner 221
331	331	may present evidence and subpoena witnesses to appear at the 222
332	332	hearing on the petition. The petit ioner may confront and cross -223
333	333	examine witnesses called by the state attorney. A record of the 224
334	334	hearing shall be made by a certified court reporter or by court -225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
346	346
347	347	approved electronic means. The court shall make written findings 226
348	348	of fact and conclusions of law on the issues before it and issue 227
349	349	a final order. The court shall grant the relief requested in the 228
350	350	petition if the court finds, based on the evidence presented 229
351	351	with respect to the petitioner's reputation, the petitioner's 230
352	352	mental health record and, if applicab le, criminal history 231
353	353	record, the circumstances surrounding the firearm disability, 232
354	354	and any other evidence in the record, that the petitioner will 233
355	355	not be likely to act in a manner that is dangerous to public 234
356	356	safety and that granting the relief would not be contrary to the 235
357	357	public interest. If the final order denies relief, the 236
358	358	petitioner may not petition again for relief from firearm 237
359	359	disabilities until 1 year after the date of the final order. The 238
360	360	petitioner may seek judicial review of a final order denying 239
361	361	relief in the district court of appeal having jurisdiction over 240
362	362	the court that issued the order. The review shall be conducted 241
363	363	de novo. Relief from a firearm disability granted under this 242
364	364	sub-subparagraph has no effect on the loss of civil rights, 243
365	365	including firearm rights, for any reason other than the 244
366	366	particular adjudication of mental defectiveness or commitment to 245
367	367	a mental institution from which relief is granted. 246
368	368	e. Upon receipt of proper notice of relief from firearm 247
369	369	disabilities granted under sub -subparagraph d., the department 248
370	370	shall delete any mental health record of the person granted 249
371	371	relief from the automated database of persons who are prohibited 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
383	383
384	384	from purchasing a firearm based on court records of 251
385	385	adjudications of mental defectiveness or commitment s to mental 252
386	386	institutions. 253
387	387	f. The department is authorized to disclose data collected 254
388	388	pursuant to this subparagraph to agencies of the Federal 255
389	389	Government and other states for use exclusively in determining 256
390	390	the lawfulness of a firearm sale or transfer. The department is 257
391	391	also authorized to disclose this data to the Department of 258
392	392	Agriculture and Consumer Services for purposes of determining 259
393	393	eligibility for issuance of a concealed weapons or concealed 260
394	394	firearms license and for determining whether a basis exists for 261
395	395	revoking or suspending a previously issued license pursuant to 262
396	396	s. 790.06(10). When a potential buyer or transferee appeals a 263
397	397	nonapproval based on these records, the clerks of court and 264
398	398	mental institutions shall, upon request by the department, 265
399	399	provide information to help determine whether the potential 266
400	400	buyer or transferee is the same person as the subject of the 267
401	401	record. Photographs and any other data that could confirm or 268
402	402	negate identity must be made available to the department for 269
403	403	such purposes, notwi thstanding any other provision of state law 270
404	404	to the contrary. Any such information that is made confidential 271
405	405	or exempt from disclosure by law shall retain such confidential 272
406	406	or exempt status when transferred to the department. 273
407	407	(b) Inform the licensee makin g the inquiry either that 274
408	408	records demonstrate that the buyer or transferee is so 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	prohibited and provide the licensee a nonapproval number, or 276
422	422	provide the licensee with a unique approval number. 277
423	423	(c)1. Review any records available to it to determine 278
424	424	whether the potential buyer or transferee has been indicted or 279
425	425	has had an information filed against her or him for an offense 280
426	426	that is a felony under either state or federal law, or, as 281
427	427	mandated by federal law, has had an injunction for protection 282
428	428	against domestic violence entered against the potential buyer or 283
429	429	transferee under s. 741.30, has had an injunction for protection 284
430	430	against repeat violence entered against the potential buyer or 285
431	431	transferee under s. 784.046, or has been arrested for a 286
432	432	dangerous crime as spe cified in s. 907.041(4)(a) or for any of 287
433	433	the following enumerated offenses: 288
434	434	a. Criminal anarchy under ss. 876.01 and 876.02. 289
435	435	b. Extortion under s. 836.05. 290
436	436	c. Explosives violations under s. 552.22(1) and (2). 291
437	437	d. Controlled substances violations under chapter 893. 292
438	438	e. Resisting an officer with violence under s. 843.01. 293
439	439	f. Weapons and firearms violations under this chapter. 294
440	440	g. Treason under s. 876.32. 295
441	441	h. Assisting self-murder under s. 782.08. 296
442	442	i. Sabotage under s. 876.38. 297
443	443	j. Stalking or aggravated stalking under s. 784.048. 298
444	444	299
445	445	If the review indicates any such indictment, information, or 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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457	457
458	458	arrest, the department shall provide to the licensee a 301
459	459	conditional nonapproval number. 302
460	460	2. Within 24 working hours, the department shall determine 303
461	461	the disposition of the indictment, information, or arrest and 304
462	462	inform the licensee as to whether the potential buyer is 305
463	463	prohibited from receiving or possessing a firearm or ammunition. 306
464	464	For purposes of this paragraph, "working hours" means the hours 307
465	465	from 8 a.m. to 5 p.m. Monday through Friday, excluding legal 308
466	466	holidays. 309
467	467	3. The office of the clerk of court, at no charge to the 310
468	468	department, shall respond to any department request for data on 311
469	469	the disposition of the indictment, information, or arrest as 312
470	470	soon as possible, but in no event later than 8 working hours. 313
471	471	4. The department shall determine as quickly as possible 314
472	472	within the allotted time period whether the potential buyer is 315
473	473	prohibited from receiving or possessing a firearm or ammunition. 316
474	474	5. If the potential buy er is not so prohibited, or if the 317
475	475	department cannot determine the disposition information within 318
476	476	the allotted time period, the department shall provide the 319
477	477	licensee with a conditional approval number. 320
478	478	6. If the buyer is so prohibited, the conditional 321
479	479	nonapproval number shall become a nonapproval number. 322
480	480	7. The department shall continue its attempts to obtain 323
481	481	the disposition information and may retain a record of all 324
482	482	approval numbers granted without sufficient disposition 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492	492
493	493
494	494
495	495	information. If the department later obtains disposition 326
496	496	information which indicates: 327
497	497	a. That the potential buyer is not prohibited from owning 328
498	498	a firearm or ammunition, it shall treat the record of the 329
499	499	transaction in accordance with this section; or 330
500	500	b. That the potential buyer is pr ohibited from owning a 331
501	501	firearm or ammunition, it shall immediately revoke the 332
502	502	conditional approval number and notify local law enforcement. 333
503	503	8. During the time that disposition of the indictment, 334
504	504	information, or arrest is pending and until the department is 335
505	505	notified by the potential buyer that there has been a final 336
506	506	disposition of the indictment, information, or arrest, the 337
507	507	conditional nonapproval number shall remain in effect. 338
508	508	(3) In the event of scheduled computer downtime, 339
509	509	electronic failure, or simil ar emergency beyond the control of 340
510	510	the Department of Law Enforcement, the department shall 341
511	511	immediately notify the licensee of the reason for, and estimated 342
512	512	length of, such delay. After such notification, the department 343
513	513	shall forthwith, and in no event late r than the end of the next 344
514	514	business day of the licensee, either inform the requesting 345
515	515	licensee if its records demonstrate that the buyer or transferee 346
516	516	is prohibited from receipt or possession of a firearm or 347
517	517	ammunition pursuant to Florida and Federal law o r provide the 348
518	518	licensee with a unique approval number. Unless notified by the 349
519	519	end of said next business day that the buyer or transferee is so 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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530	530
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532	532	prohibited, and without regard to whether she or he has received 351
533	533	a unique approval number, the licensee may comple te the sale or 352
534	534	transfer and shall not be deemed in violation of this section 353
535	535	with respect to such sale or transfer. 354
536	536	(4) 355
537	537	(b) Notwithstanding the provisions of this subsection, the 356
538	538	Department of Law Enforcement may maintain records of NCIC 357
539	539	transactions to the extent required by the Federal Government, 358
540	540	and may maintain a log of dates of requests for criminal history 359
541	541	records checks, unique approval and nonapproval numbers, license 360
542	542	identification numbers, and transaction numbers corresponding to 361
543	543	such dates for a period of not longer than 2 years or as 362
544	544	otherwise required by law. 363
545	545	(c) Nothing in this chapter shall be construed to allow 364
546	546	the State of Florida to maintain records containing the names of 365
547	547	purchasers or transferees who receive unique approval numbers or 366
548	548	to maintain records of firearm or ammunition transactions. 367
549	549	(d) Any officer or employee, or former officer or employee 368
550	550	of the Department of Law Enforcement or law enforcement agency 369
551	551	who intentionally and maliciously violates the provisions of 370
552	552	this subsection commits a felony of the third degree punishable 371
553	553	as provided in s. 775.082 or s. 775.083. 372
554	554	(6) Any person who is denied the right to receive or 373
555	555	purchase a firearm or ammunition as a result of the procedures 374
556	556	established by this section may request a criminal history 375
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	records review and correction in accordance with the rules 376
570	570	promulgated by the Department of Law Enforcement. 377
571	571	(8) The Department of Law Enforcement shall promulgate 378
572	572	regulations to ensure the identity, confidentiality, and 379
573	573	security of all records and data provided pursuant to this 380
574	574	section. 381
575	575	(10) A licensed importer, licensed manufacturer, or 382
576	576	licensed dealer is not required to comply with the requirements 383
577	577	of this section in the event of: 384
578	578	(a) Unavailability of telephone service at the lice nsed 385
579	579	premises due to the failure of the entity which provides 386
580	580	telephone service in the state, region, or other geographical 387
581	581	area in which the licensee is located to provide telephone 388
582	582	service to the premises of the licensee due to the location of 389
583	583	said premises; or the interruption of telephone service by 390
584	584	reason of hurricane, tornado, flood, natural disaster, or other 391
585	585	act of God, war, invasion, insurrection, riot, or other bona 392
586	586	fide emergency, or other reason beyond the control of the 393
587	587	licensee; or 394
588	588	(b) Failure of the Department of Law Enforcement to comply 395
589	589	with the requirements of subsections (2) and (3). 396
590	590	(11) Compliance with the provisions of this chapter shall 397
591	591	be a complete defense to any claim or cause of action under the 398
592	592	laws of any state for liability for damages arising from the 399
593	593	importation or manufacture, or the subsequent sale or transfer 400
594	594
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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606	606	to any person who has been convicted in any cour t of a crime 401
607	607	punishable by imprisonment for a term exceeding 1 year, of any 402
608	608	firearm or ammunition which has been shipped or transported in 403
609	609	interstate or foreign commerce. The Department of Law 404
610	610	Enforcement, its agents and employees shall not be liable for 405
611	611	any claim or cause of action under the laws of any state for 406
612	612	liability for damages arising from its actions in lawful 407
613	613	compliance with this section. 408
614	614	(12)(a) Any potential buyer or transferee who willfully 409
615	615	and knowingly provides false information or false o r fraudulent 410
616	616	identification commits a felony of the third degree punishable 411
617	617	as provided in s. 775.082 or s. 775.083. 412
618	618	(b) Any licensed importer, licensed manufacturer, or 413
619	619	licensed dealer who violates the provisions of subsection (1) 414
620	620	commits a felony of th e third degree punishable as provided in 415
621	621	s. 775.082 or s. 775.083. 416
622	622	(c) Any employee or agency of a licensed importer, 417
623	623	licensed manufacturer, or licensed dealer who violates the 418
624	624	provisions of subsection (1) commits a felony of the third 419
625	625	degree punishable as provided in s. 775.082 or s. 775.083. 420
626	626	(d) Any person who knowingly acquires a firearm or 421
627	627	ammunition through purchase or transfer intended for the use of 422
628	628	a person who is prohibited by state or federal law from 423
629	629	possessing or receiving a firearm or ammunition commits a felony 424
630	630	of the third degree, punishable as provided in s. 775.082 or s. 425
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643	643	775.083. 426
644	644	(14) This section does not apply to employees of sheriff's 427
645	645	offices, municipal police departments, correctional facilities 428
646	646	or agencies, or other criminal justi ce or governmental agencies 429
647	647	when the purchases or transfers are made on behalf of an 430
648	648	employing agency for official law enforcement purposes. 431
649	649	Section 3. This act shall take effect October 1, 2023. 432