HB 153 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0153-00
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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
A bill to be entitled 1
An act relating to public records; amending s. 2
790.065, F.S.; providing an exemption from public 3
records requirements for records containing certain 4
information pertaining to a buyer or transferee who is 5
not found to be prohibited from receipt or transfer of 6
ammunition; providing for future legislative review 7
and repeal of the exemption; providing a statement of 8
public necessity; providing a contingent effective 9
date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (a) of subsection (4) of section 14
790.065, Florida Statutes, is amended to read: 15
790.065 Sale and delivery of firearms. — 16
(4)(a) Any records contain ing any of the information set 17
forth in subsection (1) pertaining to a buyer or transferee who 18
is not found to be prohibited from receipt or transfer of a 19
firearm or ammunition by reason of Florida and federal law which 20
records are created by the Departmen t of Law Enforcement to 21
conduct the criminal history record check shall be confidential 22
and exempt from the provisions of s. 119.07(1) and may not be 23
disclosed by the Department of Law Enforcement or any officer or 24
employee thereof to any person or to anot her agency. The 25
HB 153 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0153-00
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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
Department of Law Enforcement shall destroy any such records 26
forthwith after it communicates the approval and nonapproval 27
numbers to the licensee and, in any event, such records shall be 28
destroyed within 48 hours after the day of the respon se to the 29
licensee's request. 30
Section 2. The amendments to s. 790.065(4)(a), Florida 31
Statutes, made by this act are subject to the Open Government 32
Sunset Review Act in accordance with s. 119.15, Florida 33
Statutes, and shall stand repealed on October 2, 2028, and the 34
text of this paragraph shall revert to that in existence on 35
September 30, 2023, except that any amendments to such text 36
enacted other than by this act shall be preserved and continue 37
to operate to the extent that such amendments are not depen dent 38
upon the portions of text which expire pursuant to this section, 39
unless reviewed and saved from repeal through reenactment by the 40
Legislature. 41
Section 3. The Legislature finds that it is a public 42
necessity that the information pertaining to an ind ividual who 43
is a buyer or transferee who is not found to be prohibited from 44
receipt or transfer of ammunition under s. 790.065, Florida 45
Statutes, be made confidential and exempt from public records 46
requirements under s. 119.07(1), Florida Statutes, and s. 24(a), 47
Article I of the State Constitution. The knowledge that someone 48
has purchased ammunition can easily lead to the conclusion that 49
the applicant or licensee has in fact armed himself or herself. 50
HB 153 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0153-00
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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
The Legislature has found in prior legislative sessions a nd has 51
expressed in s. 790.335(1)(a)3., Florida Statutes, that a list, 52
record, or registry of legally owned firearms or law -abiding 53
firearm owners is "an instrument that can be used as a means to 54
profile innocent citizens and to harass and abuse American 55
citizens based solely on their choice to own firearms and 56
exercise their Second Amendment right to keep and bear arms as 57
guaranteed under the United States Constitution." Release of 58
personal identifying information of an individual who has 59
purchased ammunition could be used to harass an innocent person 60
based solely on that person's exercised right to own a firearm. 61
Therefore, the Legislature finds that such information must be 62
held confidential and exempt from public records requirements. 63
Section 4. This act shall take effect on the same date 64
that HB 151 or similar legislation takes effect , if such 65
legislation is adopted in the same legislative session or an 66
extension thereof and becomes a law. 67