Florida 2023 Regular Session

Florida House Bill H0151 Latest Draft

Bill / Introduced Version Filed 01/10/2023

                               
 
HB 151  	2023 
 
 
 
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A bill to be entitled 1 
An act relating to sales of ammunition; providing a 2 
short title; amending s. 790.065, F.S.; requiring 3 
background checks for the sale or transfer of 4 
ammunition; providing exceptions; conforming 5 
provisions to changes made by the act; providing an 6 
effective date. 7 
 8 
Be It Enacted by the Legislature of the State of Florida: 9 
 10 
 Section 1.  This act may be cited as "Jaime's Law." 11 
 Section 2.  Subsections (1), (2), and (3), paragraphs (b), 12 
(c), and (d) of subsection (4), and subsections (6), (11), and 13 
(12) of section 790.065, Florida Statutes, are amended, and 14 
subsections (8), (10), and (14) of that section are republished, 15 
to read: 16 
 790.065  Sale and delivery of fi rearms and ammunition.— 17 
 (1)(a)  A licensed importer, licensed manufacturer, or 18 
licensed dealer may not sell or deliver from her or his 19 
inventory at her or his licensed premises any firearm or 20 
ammunition to another person, other than a licensed importer, 21 
licensed manufacturer, licensed dealer, or licensed collector, 22 
until she or he has: 23 
 1.  Obtained a completed form from the potential buyer or 24 
transferee, which form shall have been promulgated by the 25     
 
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Department of Law Enforcement and provided by the licens ed 26 
importer, licensed manufacturer, or licensed dealer, which shall 27 
include the name, date of birth, gender, race, and social 28 
security number or other identification number of such potential 29 
buyer or transferee and has inspected proper identification 30 
including an identification containing a photograph of the 31 
potential buyer or transferee. 32 
 2.  Collected a fee from the potential buyer for processing 33 
the criminal history check of the potential buyer. The fee shall 34 
be established by the Department of Law Enfor cement and may not 35 
exceed $8 per transaction. The Department of Law Enforcement may 36 
reduce, or suspend collection of, the fee to reflect payment 37 
received from the Federal Government applied to the cost of 38 
maintaining the criminal history check system estab lished by 39 
this section as a means of facilitating or supplementing the 40 
National Instant Criminal Background Check System. The 41 
Department of Law Enforcement shall, by rule, establish 42 
procedures for the fees to be transmitted by the licensee to the 43 
Department of Law Enforcement. Such procedures must provide that 44 
fees may be paid or transmitted by electronic means, including, 45 
but not limited to, debit cards, credit cards, or electronic 46 
funds transfers. All such fees shall be deposited into the 47 
Department of Law Enforcement Operating Trust Fund, but shall be 48 
segregated from all other funds deposited into such trust fund 49 
and must be accounted for separately. Such segregated funds must 50     
 
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not be used for any purpose other than the operation of the 51 
criminal history checks required by this section. The Department 52 
of Law Enforcement, each year before February 1, shall make a 53 
full accounting of all receipts and expenditures of such funds 54 
to the President of the Senate, the Speaker of the House of 55 
Representatives, the majo rity and minority leaders of each house 56 
of the Legislature, and the chairs of the appropriations 57 
committees of each house of the Legislature. In the event that 58 
the cumulative amount of funds collected exceeds the cumulative 59 
amount of expenditures by more t han $2.5 million, excess funds 60 
may be used for the purpose of purchasing soft body armor for 61 
law enforcement officers. 62 
 3.  Requested, by means of a toll -free telephone call or 63 
other electronic means, the Department of Law Enforcement to 64 
conduct a check of the information as reported and reflected in 65 
the Florida Crime Information Center and National Crime 66 
Information Center systems as of the date of the request. 67 
 4.  Received a unique approval number for that inquiry from 68 
the Department of Law Enforcement, and recorded the date and 69 
such number on the consent form. 70 
 (b)  However, if the person purchasing, or receiving 71 
delivery of, the firearm or ammunition is a holder of a valid 72 
concealed weapons or firearms license pursuant to the provisions 73 
of s. 790.06 or holds an active certification from the Criminal 74 
Justice Standards and Training Commission as a "law enforcement 75     
 
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officer," a "correctional officer," or a "correctional probation 76 
officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 77 
(9), this subsection does not apply. 78 
 (c)  This subsection does not apply to the purchase, trade, 79 
or transfer of a rifle or shotgun or rifle or shotgun ammunition 80 
by a resident of this state when the resident makes such 81 
purchase, trade, or transfer from a licensed impor ter, licensed 82 
manufacturer, or licensed dealer in another state. 83 
 (d)  This subsection does not apply to a transfer of 84 
ammunition if the transferor has no reason to believe that the 85 
transferee will use or intends to use the ammunition in a crime 86 
or that the transferee is prohibited from possessing ammunition 87 
under state or federal law, and the transfer takes place and the 88 
transferee's possession of the ammunition is exclusively: 89 
 1.  At a shooting range or in a shooting gallery or other 90 
area designated for the purpose of target shooting; or 91 
 2.  While reasonably necessary for the purposes of hunting, 92 
trapping, or fishing, if the transferor: 93 
 a.  Has no reason to believe that the transferee intends to 94 
use the ammunition in a place where it is illegal; and 95 
 b. Has reason to believe that the transferee will comply 96 
with all licensing and permit requirements for such hunting, 97 
trapping, or fishing; or 98 
 c.  Is the presence of the transferee. 99 
 (2)  Upon receipt of a request for a criminal history 100     
 
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record check, the Department of Law Enforcement shall, during 101 
the licensee's call or by return call, forthwith: 102 
 (a)  Review any records available to determine if the 103 
potential buyer or transferee: 104 
 1.  Has been convicted of a felony and is prohibited from 105 
receipt or possession of a firearm or ammunition pursuant to s. 106 
790.23; 107 
 2.  Has been convicted of a misdemeanor crime of domestic 108 
violence, and therefore is prohibited from purchasing a firearm 109 
or ammunition; 110 
 3.  Has had adjudication of guilt withheld or imposition of 111 
sentence suspended on any felony or misdemeanor crime of 112 
domestic violence unless 3 years have elapsed since probation or 113 
any other conditions set by the court have been fulfilled or 114 
expunction has occurred; or 115 
 4.  Has been adjudicated mentally defective or has been 116 
committed to a mental institution by a court or as provided in 117 
sub-sub-subparagraph b.(II), and as a result is prohibited by 118 
state or federal law from purchasing a firearm. 119 
 a.  As used in this subparagraph, "adjudicated mentally 120 
defective" means a determination by a court that a person, as a 121 
result of marked subnormal intelligence, or mental illness, 122 
incompetency, condition, or disease, is a danger to himself or 123 
herself or to others or lacks the mental capacity to contract or 124 
manage his or her own affairs. The phrase includes a judicial 125     
 
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finding of incapacity under s. 744.331(6)(a), an acquittal by 126 
reason of insanity of a person charged with a criminal offense, 127 
and a judicial finding that a criminal defendant is not 128 
competent to stand trial. 129 
 b.  As used in this subparagraph, "committed to a mental 130 
institution" means: 131 
 (I)  Involuntary commitment, commitment for mental 132 
defectiveness or mental illness, and commitment for substance 133 
abuse. The phrase includes involuntary inpatient placement under 134 
as defined in s. 394.467, involuntary outpatient placement under 135 
as defined in s. 394.4655, involuntary assessment and 136 
stabilization under s. 397.6818, and involuntary substance abuse 137 
treatment under s. 397.6957, but does not include a person in a 138 
mental institution for observation or discharged from a mental 139 
institution based upon the initial review by the physician or a 140 
voluntary admission to a mental institution; or 141 
 (II)  Notwithstanding sub -sub-subparagraph (I), voluntary 142 
admission to a mental institution fo r outpatient or inpatient 143 
treatment of a person who had an involuntary examination under 144 
s. 394.463, where each of the following conditions have been 145 
met: 146 
 (A)  An examining physician found that the person is an 147 
imminent danger to himself or herself or oth ers. 148 
 (B)  The examining physician certified that if the person 149 
did not agree to voluntary treatment, a petition for involuntary 150     
 
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outpatient or inpatient treatment would have been filed under s. 151 
394.463(2)(g)4., or the examining physician certified that a 152 
petition was filed and the person subsequently agreed to 153 
voluntary treatment prior to a court hearing on the petition. 154 
 (C)  Before agreeing to voluntary treatment, the person 155 
received written notice of that finding and certification, and 156 
written notice that as a result of such finding, he or she may 157 
be prohibited from purchasing a firearm, and may not be eligible 158 
to apply for or retain a concealed weapon or firearms license 159 
under s. 790.06 and the person acknowledged such notice in 160 
writing, in substantially the following form: 161 
"I understand that the doctor who examined me believes I am a 162 
danger to myself or to others. I understand that if I do not 163 
agree to voluntary treatment, a petition will be filed in court 164 
to require me to receive involuntary treatment. I understand 165 
that if that petition is filed, I have the right to contest it. 166 
In the event a petition has been filed, I understand that I can 167 
subsequently agree to voluntary treatment prior to a court 168 
hearing. I understand that by agreeing to voluntary trea tment in 169 
either of these situations, I may be prohibited from buying 170 
firearms and from applying for or retaining a concealed weapons 171 
or firearms license until I apply for and receive relief from 172 
that restriction under Florida law." 173 
 (D)  A judge or a magis trate has, pursuant to sub -sub-174 
subparagraph c.(II), reviewed the record of the finding, 175     
 
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certification, notice, and written acknowledgment classifying 176 
the person as an imminent danger to himself or herself or 177 
others, and ordered that such record be submitte d to the 178 
department. 179 
 c.  In order to check for these conditions, the department 180 
shall compile and maintain an automated database of persons who 181 
are prohibited from purchasing a firearm based on court records 182 
of adjudications of mental defectiveness or com mitments to 183 
mental institutions. 184 
 (I)  Except as provided in sub -sub-subparagraph (II), 185 
clerks of court shall submit these records to the department 186 
within 1 month after the rendition of the adjudication or 187 
commitment. Reports shall be submitted in an auto mated format. 188 
The reports must, at a minimum, include the name, along with any 189 
known alias or former name, the sex, and the date of birth of 190 
the subject. 191 
 (II)  For persons committed to a mental institution 192 
pursuant to sub-sub-subparagraph b.(II), within 2 4 hours after 193 
the person's 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 t he 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     
 
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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 defecti ve 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 an d 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 petit ioner 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     
 
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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 petitioner's reputation, the petitioner's 230 
mental health record and, if applicab le, 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     
 
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from purchasing a firearm based on court records of 251 
adjudications of mental defectiveness or commitment s 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, notwi thstanding 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 makin g the inquiry either that 274 
records demonstrate that the buyer or transferee is so 275     
 
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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 spe cified 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     
 
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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 buy er 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 323 
the disposition information and may retain a record of all 324 
approval numbers granted without sufficient disposition 325     
 
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information. If the department later obtains disposition 326 
information which indicates: 327 
 a.  That the potential buyer is not prohibited from owning 328 
a 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 pr ohibited 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, 339 
electronic failure, or simil ar emergency beyond the control of 340 
the Department of Law Enforcement, the department shall 341 
immediately notify the licensee of the reason for, and estimated 342 
length of, such delay. After such notification, the department 343 
shall forthwith, and in no event late r 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 o r 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     
 
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prohibited, and without regard to whether she or he has received 351 
a unique approval number, the licensee may comple te 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 364 
the 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 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     
 
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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 lice nsed 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     
 
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to any person who has been convicted in any cour t of a crime 401 
punishable by imprisonment for a term exceeding 1 year, of any 402 
firearm or ammunition which has been shipped or transported in 403 
interstate or foreign commerce. The Department of Law 404 
Enforcement, its agents and employees shall not be liable for 405 
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 409 
and knowingly provides false information or false o r 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 th e third degree punishable as provided in 415 
s. 775.082 or s. 775.083. 416 
 (c)  Any employee or agency of a licensed importer, 417 
licensed manufacturer, or licensed dealer who violates the 418 
provisions of subsection (1) commits a felony of the third 419 
degree punishable 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     
 
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775.083. 426 
 (14)  This section does not apply to employees of sheriff's 427 
offices, municipal police departments, correctional facilities 428 
or agencies, or other criminal justi ce 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, 2023. 432