Florida 2023 Regular Session

Florida House Bill H0153 Compare Versions

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

Old	New	Differences
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3	3	HB 153 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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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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14	14	A bill to be entitled 1
15	15	An act relating to public records; amending s. 2
16	16	790.065, F.S.; providing an exemption from public 3
17	17	records requirements for records containing certain 4
18	18	information pertaining to a buyer or transferee who is 5
19	19	not found to be prohibited from receipt or transfer of 6
20	20	ammunition; providing for future legislative review 7
21	21	and repeal of the exemption; providing a statement of 8
22	22	public necessity; providing a contingent effective 9
23	23	date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
26	26	13
27	27	Section 1. Paragraph (a) of subsection (4) of section 14
28	28	790.065, Florida Statutes, is amended to read: 15
29	29	790.065 Sale and delivery of firearms. — 16
30	30	(4)(a) Any records contain ing any of the information set 17
31	31	forth in subsection (1) pertaining to a buyer or transferee who 18
32	32	is not found to be prohibited from receipt or transfer of a 19
33	33	firearm or ammunition by reason of Florida and federal law which 20
34	34	records are created by the Departmen t of Law Enforcement to 21
35	35	conduct the criminal history record check shall be confidential 22
36	36	and exempt from the provisions of s. 119.07(1) and may not be 23
37	37	disclosed by the Department of Law Enforcement or any officer or 24
38	38	employee thereof to any person or to anot her agency. The 25
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40	40	HB 153 2023
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0153-00
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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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51	51	Department of Law Enforcement shall destroy any such records 26
52	52	forthwith after it communicates the approval and nonapproval 27
53	53	numbers to the licensee and, in any event, such records shall be 28
54	54	destroyed within 48 hours after the day of the respon se to the 29
55	55	licensee's request. 30
56	56	Section 2. The amendments to s. 790.065(4)(a), Florida 31
57	57	Statutes, made by this act are subject to the Open Government 32
58	58	Sunset Review Act in accordance with s. 119.15, Florida 33
59	59	Statutes, and shall stand repealed on October 2, 2028, and the 34
60	60	text of this paragraph shall revert to that in existence on 35
61	61	September 30, 2023, except that any amendments to such text 36
62	62	enacted other than by this act shall be preserved and continue 37
63	63	to operate to the extent that such amendments are not depen dent 38
64	64	upon the portions of text which expire pursuant to this section, 39
65	65	unless reviewed and saved from repeal through reenactment by the 40
66	66	Legislature. 41
67	67	Section 3. The Legislature finds that it is a public 42
68	68	necessity that the information pertaining to an ind ividual who 43
69	69	is a buyer or transferee who is not found to be prohibited from 44
70	70	receipt or transfer of ammunition under s. 790.065, Florida 45
71	71	Statutes, be made confidential and exempt from public records 46
72	72	requirements under s. 119.07(1), Florida Statutes, and s. 24(a), 47
73	73	Article I of the State Constitution. The knowledge that someone 48
74	74	has purchased ammunition can easily lead to the conclusion that 49
75	75	the applicant or licensee has in fact armed himself or herself. 50
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77	77	HB 153 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0153-00
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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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88	88	The Legislature has found in prior legislative sessions a nd has 51
89	89	expressed in s. 790.335(1)(a)3., Florida Statutes, that a list, 52
90	90	record, or registry of legally owned firearms or law -abiding 53
91	91	firearm owners is "an instrument that can be used as a means to 54
92	92	profile innocent citizens and to harass and abuse American 55
93	93	citizens based solely on their choice to own firearms and 56
94	94	exercise their Second Amendment right to keep and bear arms as 57
95	95	guaranteed under the United States Constitution." Release of 58
96	96	personal identifying information of an individual who has 59
97	97	purchased ammunition could be used to harass an innocent person 60
98	98	based solely on that person's exercised right to own a firearm. 61
99	99	Therefore, the Legislature finds that such information must be 62
100	100	held confidential and exempt from public records requirements. 63
101	101	Section 4. This act shall take effect on the same date 64
102	102	that HB 151 or similar legislation takes effect , if such 65
103	103	legislation is adopted in the same legislative session or an 66
104	104	extension thereof and becomes a law. 67