This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0221a.RRS
DATE: 3/11/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 221 Sales of Firearms and Ammunition
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Snyder and others
TIED BILLS: IDEN./SIM. BILLS: SB 214
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
11 Y, 4 N, As CS Mortellaro Anstead
2) Agriculture & Natural Resources Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
A Merchant Category Code (MCC) is a code used by credit card payment associations that categorizes where
a credit card purchase is made without showing the specific items that were purchased. Payment organizations
use the MCC codes to classify different merchants and businesses by goods or services so that they can track
and restrict transactions, report taxes, interchange promotions, gather information on purchasing behaviors, file
reports with the Internal Revenue Service (IRS), determine rewards, identify high-risk business models and
prohibited business types, and track customer spending.
Historically, MCCs have allowed retailers who sell firearm and ammunition to be categorized under general
retail or sporting goods stores. Recently, the International Organization for Standardization (ISO) updated the
MCC and created a new MCC for firearm and ammunition retailers. Some argue that the information gathered
from the use of this new code could be construed as a firearm registry maintained by private entities.
The bill:
Prohibits payment settlement entities, merchant acquiring entities, or third-party settlement
organizations from classifying merchants or assigning them with an MCC that identifies them as sellers
of firearms or ammunition; and
Authorizes the Department of Agriculture and Consumer Services (DACS) to conduct investigations of
alleged violations and bring an administrative action seeking to impose a Class III administrative fine for
violations.
The fiscal impact on state government is unknown.
The effective date of the bill is July 1, 2023.
FULL ANALYSIS STORAGE NAME: h0221a.RRS PAGE: 2
DATE: 3/11/2023
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation of Merchant Category Codes When Purchasing Firearms
Merchant Category Codes
The International Organization for Standardization (ISO) is an independent, non-governmental
organization that develops international standards. One of the standards that the ISO created are the
Merchant Category Codes (MCC). The MCCs are used by Mastercard, Visa, Amex, and other major
card payment organizations.
1
The MCCs are a 4-digit number that is assigned to a merchant by an
acquiring bank in compliance with the card association. Once the business opens a merchant account
with the MCC, the business is classified by that market segment and it allows the business to begin
accepting credit cards as a form of payment.
2
Payment organizations use the MCC codes to classify different merchants and businesses by the
goods or services they offer so that they can track and restrict transactions, report taxes, interchange
promotions, gather information on purchasing behaviors, file reports with the Internal Revenue Service
(IRS), determine rewards, identify high-risk business models and prohibited business types, and track
customer spending.
3
Merchant Category Codes in Relation to Firearms
An MCC shows where the purchase is made, but it does not show the specific items that were
purchased. Each credit card network has its own master list of MCCs. There are many codes that are
being standardized based on the ISO standard, but some financial organizations, third party settlement
organizations, or processors have their own MCC lists.
4
Historically, retailers who sell firearms and ammunition have been assigned an MCC of general retail
stores or sporting goods stores.
5
On September 7, 2022, the ISO approved an application by a New
York-based bank to adopt a new MCC for firearm retailers, which includes a gun code for “gun and
ammunition shops.”
6
MCCs adopted by the ISO are not required to be used, but card associations like
Visa, MasterCard, and American Express, have all agreed to use the new MCC.
7
However, Visa and
MasterCard have not yet updated their lists to include the new MCC for firearm retailers.
8
1
The ISO, About Us & Retail financial services – Merchant category codes, https://www.iso.org/about-
us.html#:~:text=ISO%20is%20an%20independent%2C%20non-
governmental%20international%20organization%20with,support%20innovation%20and%20provide%20solutions%20to%20global%
20challenges (last visited Feb. 28, 2023).
2
Dwyer, B., CardFellow, Merchant Category Code: Reporting & Rates (2020), Apr. 6, 2020,
https://www.cardfellow.com/blog/merchant-category-code-mcc/ (last visited Feb. 28, 2023).
3
Citi, Merchant Category Codes, Treasury and Trade Solutions, available at https://www.citibank.com/tts/solutions/commercial-
cards/assets/docs/govt/Merchant-Category-Codes.pdf (last visited Feb. 28, 2023).
4
Motola, C., Merchant Maverick, Merchant Category Codes (MCC): All You Need to Know, May 26, 2021,
https://www.merchantmaverick.com/merchant-category-code-mcc/ (last visited Feb. 28, 2023).
5
Kerber, R., Reuters, Global Standards Body Approves New Merchant code for Gun Sellers, Sept. 9, 2022,
https://www.reuters.com/world/exclusive-global-standards-body-approves-new-merchant-code-gun-sellers-2022-09-09/ (last visited
Feb. 28, 2023).
6
See id at The ISO.
7
Mion, L., Fox Business, Visa, MasterCard, Amex, to Categorize Gun Store Sales Separately, Sept. 11, 2022,
https://www.foxbusiness.com/economy/visa-mastercard-amex-categorize-gun-store-sales-separately (last visited Mar. 1, 2023).
8
Visa MCC Manual; MasterCard, Quick Reference Booklet – Merchant Edition, Nov. 15, 2018,
https://www.mastercard.us/content/dam/mccom/en-us/documents/rules/quick-reference-booklet-merchant-edition.pdf (last visited Feb.
17, 2023) (In Visa’s and MasterCard’s MCC lists, noting firearms under codes 5099 and 5999, for durable goods (not elsewhere
classified) and miscellaneous and specialty retail shops, respectively). STORAGE NAME: h0221a.RRS PAGE: 3
DATE: 3/11/2023
Advocates in support of the new MCC note that this helps to identify and report suspicious activity, such
as unusually large purchases of weapons or ammunition.
9
Opponents of the new MCC, have concerns
that the new MCC may be too close to a national registry for gun owners.
10
On September 20, 2022, twenty-four attorneys general, including the Florida Attorney General, sent a
letter to Visa, MasterCard, and American Express, expressing concerns about the possibility to misuse
the new MCC by tracking data which could infringe upon consumers privacy. In addition, they stated it
could result in “arbitrary disparate treatment” of firearm retailers and consumers because the new MCC
would only capture firearm purchases from gun retailers but not from department stores.
11
Parties Involved with Transactions
Even the smallest credit or debit card transactions involve a host of parties that facilitate the exchange
between the merchant and customer.
These parties include the cardholder, the merchant, the merchant bank, the payment processors, the
issuing banks and the card associations.
12
In a typical transaction, a cardholder will purchase a good or
service from a merchant through the use of a credit or debit card. At this time the merchant will send a
payment authorization request to the merchant’s payment processor who in turn submits the
transaction to the correct card association.
13
The card association will then send this authorization
request to the issuing bank where the transaction will either be approved or denied.
14
The issuing
bank’s response will then be sent back to the card association which sends the information to the
merchant bank who sends the information to the merchant.
15
The parties:
The cardholder is the buyer in the transaction and has a line of credit or a checking account with
an issuing bank.
The merchant is the seller in the transaction and in choosing to accept debit card and credit
card purchases will partner with a payment processor.
A payment processor sends payment information to the customer’s card association.
A card association acts as an intermediary between the issuing bank (customer’s bank) and the
merchant bank as they relay both payment information to the issuing bank and the issuing
bank’s response to the merchant bank.
The issuing bank receives purchase information from the card association and either approves
or denies the transaction. It will inform the card association of its determination. Upon
determination from the issuing bank for a transaction the card association will inform the
merchant bank.
The merchant bank is the bank of the merchant and will inform the merchant of the issuing
bank’s determination.
16
9
CBS New York Team, CBS New York, New York Leaders Call for Establishment of Merchant Category Code for Gun and
Ammunition Stores, Aug. 30, 2022, https://www.cbsnews.com/newyork/news/new-york-gun-ammunition-store-merchant-category-
code/#:~:text=August%2030%2C%202022%20%2F%207%3A 44%20PM%20%2F%20CBS,merchant%20category%20code%20for
%20gun%20and%20ammunition%20stores (last visited Mar. 1, 2023).
10
Marek, L. Industry Dive. Visa Raises Concerns on New Gun Code, Sept. 14, 2022, https://www.paymentsdive.com/news/visa-
concerns-new-gun-code-payments-nra/631845/ (last visited Mar. 1, 2023).
11
Skrmetti, J. and others, Letter from Attorneys General to Card Associations regarding MCCs, Tennessee State Government,
International Organization for Standardization (ISO), https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-36-
letter.pdf (last visited Mar. 1, 2023).
12
FIS Global, How Credit Card Processing Works, https://www.fisglobal.com/en/insights/merchant-solutions-
worldpay/article/how-credit-card-processing-works (last visited Mar. 7, 2023).
13
Id.
14
Id.
15
Id.
16
Id. STORAGE NAME: h0221a.RRS PAGE: 4
DATE: 3/11/2023
A credit card transaction is made up of three processes, the authorization process, the settlement
process, and the funding process.
17
The authorization process happens near instantaneously and can
17
Id. STORAGE NAME: h0221a.RRS PAGE: 5
DATE: 3/11/2023
either end in approval or denial.
18
The authorization process reflects the issuing bank’s approval or
denial of a transaction which is then relayed through the payment network to the merchant.
Current Situation of Credit Card Laws
Relevant Federal Credit Card Laws
Anti-money Laundering Laws
18
This process plays out in full when a debit or credit card is either accepted or rejected at a payment terminal. STORAGE NAME: h0221a.RRS PAGE: 6
DATE: 3/11/2023
Anti-money Laundering Laws, aim to detect and prevent money laundering and deter financial criminal
activity.
19
One provision in these laws, authorizes the Secretary of the Treasury to require any financial
19
31 U.S.C. s. 5311(2) and (3). STORAGE NAME: h0221a.RRS PAGE: 7
DATE: 3/11/2023
institution or those related to financial institutions, to report any suspicious transactions.
20
Banks,
federally and non-federally regulated, are required to establish anti-money laundering programs which
20
31 U.S.C. s. 5318(g)(1). STORAGE NAME: h0221a.RRS PAGE: 8
DATE: 3/11/2023
must meet specified requirements.
21
This includes ongoing monitoring to identify and report suspicious
activity and transactions.
22
The U.S. Department of Homeland Security website contains “Signs of
21
31 C.F.R. 1020.210.
22
31 C.F.R. 1020.10(a)(2)(v)(B) and (b)(2)(v)(B). STORAGE NAME: h0221a.RRS PAGE: 9
DATE: 3/11/2023
Suspicious Activity” which displays images and a description of categories for signs of suspicious
activities, one of which is firearm related.
23
Internal Revenue Code
23
The United States Department of Homeland Security, Recognize Suspicious Activity, https://www.dhs.gov/see-something-say-
something/recognize-the-signs (last visited Mar. 1, 2023). STORAGE NAME: h0221a.RRS PAGE: 10
DATE: 3/11/2023
Payment settlement entities are required to make an annual return to the Internal Revenue Service
(IRS) which contains, the gross amount of the reportable payment transactions
24
for each participating
24
26 U.S.C. s. 6050W(c) defines “reportable payment transaction” as any payment card or third-party network transaction. STORAGE NAME: h0221a.RRS PAGE: 11
DATE: 3/11/2023
payee.
25
The Secretary has the authority to determine the time, form, and manner in which the return
must be made,
26
and is reported through Form 1099-K. The form contains a box to report the MCC
assigned to the participating payee. The MCC may be excluded from the form if the filing entity uses an
industry classification system other than or in addition to MCCs or is a third-party settlement
organization.
27
Broadly speaking, the MCCs classify businesses based on what they predominately
furnish, services or goods. Payments for services are reportable whereas payments for goods are not
reportable.
28
Relevant Florida Credit Card Laws
Relevant Florida laws that relate to credit cards
29
are contained in the Financial Institutions Code and
the Consumer Protection Act.
30
Florida’s Credit Card Bank Act provides that a credit card account
between a domestic lender or credit card bank and a borrower must be governed by the laws of Florida
or federal law unless otherwise expressly agreed in writing by the parties but such writing may not
supersede the interest rate provisions of s. 655.954, F.S.
31
Florida consumer protection laws set out a
limited number of protections relating to credit cards, such as provisions relating to issuing credit cards,
imposing a surcharge, or printing certain information on a merchant’s receipt.
32
No provisions were
identified that explicitly restrict or address the use of MCCs.
Similar Pending Legislation in Other States Related to MCCs
Pending legislation that addresses similar issues:
25
26 U.S.C. s. 6050W(a).
26
Id.
27
IRS, Instructions for Form 1099-K (01/2022), Jan. 2022, https://www.irs.gov/pub/irs-pdf/i1099k.pdf (last visited Mar. 1, 2023).
28
Id.
29
S. 658.995(2)(a), F.S.
30
S. 655.005(1)(i), F.S.
31
S. 658.995(2)(d), F.S.
32
S. 658.995(3), F.S.
33
KY HB 221.
34
Mike Maharrey, Mississippi House Passes Bill to Prohibit Using Credit Card Information to Track Firearms Purchases, Tenth
Amendment Center, Feb. 13, 2023, https://blog.tenthamendmentcenter.com/2023/02/mississippi-house-passes-bill-to-prohibit-using-
credit-card-information-to-track-firearms-
purchases/#:~:text=Titled%20the%20Second%20Amendment%20Financial%20Privacy%20Act%2C%20the,code%20to%20any%20f
irearms%20business%20located%20in%20Mississippi (last visited Mar. 1, 2023).
35
TX HB 2041.
36
WV SB 555.
Kentucky HB 221: Purchases from Licensed Gun
Dealers (2023)
Creates a new section to prohibit credit card
companies, financial institutions, or other persons
from using an MCC or other method that categorizes
purchases from licensed gun dealers separately from
other retailers.
33
Mississippi HB 1110: Second Amendment
Financial Privacy Act (2023) - PASSED
Prohibits a financial institution or its agent from
requiring or “assigning” a specific firearm or
ammunition merchant code to any firearms business
located in Mississippi.
34
Texas HB 2041: Notice to Consumers Regarding
Firearm or Ammunition Transactions (2023-2024)
Requires notice given to consumers when a financial
institution generates or collects prohibited firearm or
ammunition purchase
information.
35
West Virginia SB 555: Prohibiting Banks and
Payment Networks from Tracking Firearm-related
Data and Outlining Penalties (2023)
Prohibits banks and payment networks from tracking
firearm-related data and outlines penalties regarding
the state and local purchasing card contract if banks
and payment networks track firearm-related data.
36
STORAGE NAME: h0221a.RRS PAGE: 12
DATE: 3/11/2023
Current Situation Firearms Records
Background
The Second Amendment states “a well-regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.”
37
As with many amendments in
the Constitution, the courts have had to evaluate how far the right extends. The Supreme Court has
determined that the individual right to keep and bear arms is not unlimited.
38
Many cases have
evaluated the right to bear arms, how far the right extends, and the records that can be kept regulating
gun owners.
39
Federal Records Requirements
In 1938, the Federal Firearms Act
40
created a regulation for those selling certain firearms. Firearm
sellers were required to obtain a Federal Firearms License to maintain records with the name and
address of those who bought a firearm.
41
Following the assassinations of President John F. Kennedy, Senator Robert Kennedy, and Dr. Martin
Luther King, Jr., Congress passed the Gun Control Act of 1968 (GCA).
42
The GCA required individuals
engaged in the business of dealing in firearms to obtain a federal license, prohibited transfers of
firearms to certain persons, restricted the interstate transportation, and regulated the importation not
suitable for sporting purposes.
Persons engaged in the business of manufacturing, importing, or dealing in firearms - referred to as
"federal firearms licensees" (FFLs) - must obtain a license from the Secretary of the Treasury. The
license entitles the holder to ship, transport, and receive firearms in interstate or foreign commerce.
The FFL must maintain records of all acquisitions and dispositions of firearms and comply with
applicable state and local laws in transferring firearms. The recordkeeping requirements help allow
some crime guns to be traced. Combined with other obligations and restrictions imposed on firearms
dealers, manufacturers, and importers, these requirements help provide a basis for investigating illegal
firearms trafficking.
43
In 1986, the Firearm Owners’ Protection Act (FOPA)
44
passed which amended many provisions in the
Gun Control Act of 1968.
45
Congress loosened several controls it had previously established in the
GCA, including records requirements.
46
37
U.S. Const. am. 2.
38
Heller v. District of Columbia, 670 F. 3d 1244, 1254-55 (D.C.Cir.2011).
39
New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 213 L. Ed. 2d 387, 142 S. Ct. 2111 (2022).
40
15 U.S.C. s. 901-910.
41
Robert Longley, Timeline of Gun Control in the United States, ThoughtCo, Jan. 8, 2023, https://www.thoughtco.com/us-gun-
control-timeline-3963620 (last visited Mar. 1, 2023).
42
P.L. 90-351, OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968, Senate Report (Judiciary Committee) No. 90-
1097, Apr. 29, 1968.
43
The Enforcement Branch of the Alcohol and Tobacco Tax Division of the Internal Revenue Service initially enforced the GCA. On
July 1, 1972, the Bureau of Alcohol, Tobacco and Firearms (ATF) was created as an independent Bureau within the Treasury
Department.
44
18 U.S.C ch. 44 s. 921 et seq.
45
18 U.S.C. ch. 44 s. 921 (amended)
46
Id. See Gun Violence Reduction: National Integrated Firearms Violence Reduction Strategy Appendix C, History Of Federal
Firearms Laws In The United States,
https://www.justice.gov/archive/opd/AppendixC.htm#:~:text=Kennedy%2C%20Senator%20Robert%20Kennedy%2C%20and,the%20
federal%20regulation%20of%20firearms. (It also opened up certain loopholes allowing gun sales from people that are not dealers.
Allowing FFLs to temporarily conduct business at gun shows; narrowing the scope of those who are required to be licensed: "hobby,"
or who "sell all or part of a personal collection;" reducing the criminal penalties for certain recordkeeping offenses; prohibiting ATF
from computerizing firearms purchase records; permitting sales of ammunition without a license; allowing a convicted felon to obtain
firearms where the convicting jurisdiction automatically restored the felons' civil rights.) STORAGE NAME: h0221a.RRS PAGE: 13
DATE: 3/11/2023
The provisions that prohibit any rule or regulation from requiring records to be kept related to
firearms also prohibits those records from being recorded or transferred to a facility owned,
managed, or controlled by the United States, any State, or any political subdivision. FOPA also
directly prohibits any registration systems of firearms, firearm owners, or firearms transactions from
being established. However, the Secretary can inquire into a firearm in the course of a criminal
investigation.
47
The law requires a licensed importer, manufacturer, or dealer to handle records of firearms
transactions and national instant criminal background checks in a certain manner.
48
In certain instances
the criminal background check system must destroy all records.
49
In other instances, the dealer
through the attorney general must report certain information, such as the identity of the person, to the
local law enforcement authority.
50
Florida Firearm Regulations
The Florida Constitution guarantees:
SECTION 8. Right to bear arms.—
(a) The right of the people to keep and bear arms in defense of themselves and of the
lawful authority of the state shall not be infringed, except that the manner of bearing arms
may be regulated by law.
(b) There shall be a mandatory period of three days, excluding weekends and legal
holidays, between the purchase and delivery at retail of any handgun. ….”
51
Generally, a person does not need a license to possess or use a firearm in Florida. However, a person
is prohibited from openly carrying a firearm on or about his or her person unless the person is a law
enforcement officer or engaged in certain activities, such as hunting, camping, or military service.
52
,
53
Florida Records Related Requirements
The Department of Agriculture and Consumer Services (DACS) is in charge of issuing a concealed
weapon or firearm license to a person who meets the specified qualifications under s. 790.06, F.S.
54
Personal identifying information for applicants or concealed weapons licensees are confidential and
exempt from public records disclosure requirements under s. 119.07(1), F.S., and s. 24(a), Art. 1 of the
State Constitution.
55
Any records pertaining to a buyer or transferee who is not prohibited from receipt or transfer of a
firearm under federal or Florida law and whose records are created by the Florida Department of Law
Enforcement (FDLE) to conduct the criminal history record check are confidential and exempt. These
records may not be disclosed by the FDLE to any person or to another agency. The FDLE must
destroy these records after communicating the approval or non-approval numbers to the licensee and
no later than 48 hours after responding to the licensee’s request.
56
However, the FDLE may maintain
records of National Crime Information Center transactions as required under federal law, and may
keep:
A log of dates of requests for criminal history records checks;
57
Unique approval and non-approval numbers;
47
18 U.S.C. s. 926(a).
48
18 U.S.C. s. 922(t).
49
18 U.S.C. s. 922(t)(2).
50
18 U.S.C. s. 925B(a).
51
Art. I, s. 8(a), FLA. CONST.
52
S. 790.053(3), F.S.
53
S. 790.053(1), F.S.
54
S. 790.06(2), F.S.
55
S. 790.0601(1), F.S.
56
S. 790.065(4)(a), F.S.
57
S. 790.065(4)(b), F.S. STORAGE NAME: h0221a.RRS PAGE: 14
DATE: 3/11/2023
License identification numbers; and
Transaction numbers corresponding to such dates for a period of no longer than 2 years or as
otherwise required by law.
These provisions may not be construed to allow the State of Florida to maintain records containing the
names of purchasers or transferees who receive unique approval numbers or to keep records of firearm
transactions.
58
Any current or former officer or employee of the FDLE or law enforcement agency who
intentionally or maliciously violates these provisions is guilty of a third-degree felony.
59
Effect of the Bill
The bill includes legislative findings indicating that MCC codes, without a “substantial and historical
business need” or requirement imposed by law, may frustrate the right to keep and bear arms and
violate the reasonable privacy rights of lawful purchasers of firearms and ammunition.
The bill prohibits an entity involved in facilitating or processing payment card transactions, including but
not limited to, a financial institution, an acquirer, a payment card network, or a payment card issuer
from classifying a merchant of firearms or ammunition under the MCC for firearms or ammunition. A
merchant of firearms or ammunition may be assigned or may use an MCC for general merchandise
retailers or sporting goods retailers. A contractual provision contrary to these provisions is void as
violating the public policy of this state.
The bill authorizes DACS to:
Investigate alleged violations;
Bring an administrative action seeking to impose a class III $10,000 fine
60
for each violation; and
Enforce violations.
The effective date of the bill July 1, 2023.
B. SECTION DIRECTORY:
Section 1: amends s. 790.335(1)(a), F.S., to include an additional Legislative finding; adds s.
790.335(2)(b), F.S., related to prohibitions; amends the penalties in 790.335(4);
authorizes DACS to investigate, and bring an administrative action and impose a Class
III $10,000 fine.
Section 2: provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Indeterminate. The Florida Department of Agriculture and Consumer Services (FDACS) would be
granted statutory authority under this bill to investigate alleged violations of the MCC. FDACS would
also be empowered to bring an administrative action and impose a Class III administrative fine for
each violation. The office of Agricultural Law Enforcement (OALE) Regulatory Investigation Section
would be in charge of investigating the unlawfully classified retailer violations and the Office of
General Counsel would initiate and litigate the administrative actions. Currently, FDACS is not able
to estimate fiscal impact on the department.
58
S. 790.065(4)(c), F.S.
59
S. 790.065(4)(d), F.S.
60
S. 570.971(1)(c), F.S. STORAGE NAME: h0221a.RRS PAGE: 15
DATE: 3/11/2023
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill may require DACS to create rules related to regulatory investigations.
61
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 9, 2023, the Regulatory Reform & Economic Development Subcommittee adopted one
amendment and reported the bill favorably as a committee substitute.
The committee substitute:
Includes additional entities covered certain provisions in the bill.
Authorizes a merchant of firearms or ammunition to be assigned or to use a merchant category code
for general merchandise retailers or sporting goods retailers.
Specifies that agreements or contractual provisions contrary to the provisions in the bill are void and in
violation of the public policy of this state.
Authorizes the Department of Agriculture and Consumer Services to enforce violations.
This analysis is drafted to the committee substitute as passed by the Regulatory Reform and Economic
Development Subcommittee.
61
S. 493.6103, F.S.