Florida 2023 Regular Session

Florida House Bill H0221 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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	3	+	CS/HB 221 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 sales of firearms and ammunition; 2
16	16		amending s. 790.335, F.S.; providing legislative 3
17	17		findings; prohibiting payment settlement entities, 4
18	18		merchant acquiring entities, or third party settlement 5
19	19		organizations from assigning merchant category codes 6
20	20		or otherwise classifying merchants of firearms or 7
21	21		ammunition separately from general merchandise or 8
22	22		sporting goods retailers; prohibiting entities 9
23	23		involved in facilitating or processing payment card 10
24	24		transactions from assigning to or requiring a merchant 11
25	25		to use certain merchant category codes; authorizing a 12
26	26		merchant of firearms or ammunition to be assigned or 13
27	27		to use certain merchant category codes; specifying 14
28	28		that any agreement or contractual provision to the 15
29	29		contrary is void and in violation of the public policy 16
30	30		of this state; authorizing the Department of 17
31	31		Agriculture and Consumer Services to investigate 18
32	32		certain alleged violations and bring administrative 19
33	33		actions; providing an exception to complaint 20
34	34		investigations by state attorneys; making technical 21
35	35		changes; providing an effective date. 22
36	36		23
37	37		WHEREAS, the International Standards Organization, based in 24
38	38		Switzerland, recently approved a new merchant category code for 25
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	40	+	CS/HB 221 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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51	51		firearm and ammunition merchants, and 26
52	52		WHEREAS, firearm and ammunition merchants historically have 27
53	53		been classified as sporting goods retailers or general 28
54	54		merchandise retailers, which has been sufficient for credit card 29
55	55		companies' business needs, and 30
56	56		WHEREAS, according to advocates for the new merchant 31
57	57		category code, the new code will allow credit card companies to 32
58	58		flag "suspicious" transactions, ostensibly for the purpose of 33
59	59		predicting and preventing future gun violence, and 34
60	60		WHEREAS, proponents indic ate that the new merchant category 35
61	61		code is a "first step" but have given no guidance as to how to 36
62	62		distinguish suspicious activity from lawful sales, and 37
63	63		WHEREAS, the use of either merchant category code cannot 38
64	64		distinguish the sale of a firearm from the sa le of a gun safe by 39
65	65		a firearms and ammunition merchant, and 40
66	66		WHEREAS, the use of the new merchant category code to 41
67	67		detect suspicious activities predicting future unlawful activity 42
68	68		will likely discourage financial institutions from serving 43
69	69		lawful retailers of firearms and ammunition and chill the lawful 44
70	70		exercise of Second Amendment rights, and 45
71	71		WHEREAS, current law requires a firearm retailer to conduct 46
72	72		a criminal history records check on a potential purchaser before 47
73	73		delivering a firearm to the purchaser, an d 48
74	74		WHEREAS, the new merchant category code may result in 49
75		-	credit card companies reporting law -abiding citizens to a law 50
	75	+	credit card companies reporting law abiding citizens to a law 50
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	77	+	CS/HB 221 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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88	88		enforcement agency based on overbroad definitions of suspicious 51
89	89		activity and the creation of a de facto gun registry and 52
90		-	watchlists of law-abiding citizens, and 53
	90	+	watchlists of law abiding citizens, and 53
91	91		WHEREAS, the use of the new merchant category code will 54
92	92		likely make the job of law enforcement officers more difficult, 55
93	93		as those purchasing a firearm from a firearm retailer for an 56
94	94		unlawful purpose will likely purchase firearms wit h cash, 57
95	95		cryptocurrency, or other means that are difficult or impossible 58
96	96		to trace, and 59
97	97		WHEREAS, developing appropriate regulations for the sale of 60
98	98		firearms and ammunition while protecting the right of self -61
99	99		defense is the role of democratically elected offi cials, not the 62
100	100		role of unelected bankers and foreign organizations, NOW, 63
101	101		THEREFORE, 64
102	102		65
103	103		Be It Enacted by the Legislature of the State of Florida: 66
104	104		67
105	105		Section 1. Paragraph (a) of subsection (1) and subsections 68
106	106		(2) and (4) of section 790.335, Florida Statute s, are amended to 69
107	107		read: 70
108	108		790.335 Prohibition of registration of firearms; 71
109	109		electronic records.— 72
110	110		(1) LEGISLATIVE FINDINGS AND INTENT. — 73
111	111		(a) The Legislature finds and declares that: 74
112	112		1. The right of individuals to keep and bear arms is 75
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	114	+	CS/HB 221 2023
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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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125	125		guaranteed under both the Second Amendment to the United States 76
126	126		Constitution and s. 8, Art. I of the State Constitution. 77
127	127		2. A list, record, or registry of legally owned firearms 78
128	128		or law-abiding firearm owners is not a law enforcement tool and 79
129	129		can become an instrument for profiling, harassing, or abusing 80
130	130		law-abiding citizens based on their choice to own a firearm and 81
131	131		exercise their Second Amendment right to keep and bear arms as 82
132	132		guaranteed under the United States Constitution. Further, such a 83
133	133		list, record, or registry has t he potential to fall into the 84
134	134		wrong hands and become a shopping list for thieves. 85
135	135		3. A list, record, or registry of legally owned firearms 86
136	136		or law-abiding firearm owners is not a tool for fighting 87
137	137		terrorism, but rather is an instrument that can be used as a 88
138	138		means to profile innocent citizens and to harass and abuse 89
139	139		American citizens based solely on their choice to own firearms 90
140	140		and exercise their Second Amendment right to keep and bear arms 91
141	141		as guaranteed under the United States Constitution. 92
142	142		4. The creation or maintenance of records of purchases of 93
143	143		firearms or ammunition or the tracking of sales made by a 94
144	144		retailer of firearms or ammunition by a nongovernmental entity, 95
145	145		including a financial institution, without a substantial and 96
146	146		historical business need or a requirement imposed by law, may 97
147	147		frustrate the right to keep and bear arms and violate the 98
148	148		reasonable privacy rights of lawful purchasers of firearms or 99
149	149		ammunition. 100
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	151	+	CS/HB 221 2023
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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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162	162		5.4. Law-abiding firearm owners whose names have been 101
163	163		illegally recorded in a list, reco rd, or registry are entitled 102
164	164		to redress. 103
165	165		(2) PROHIBITIONS.— 104
166	166		(a) A No state governmental agency or local government, 105
167	167		special district, or other political subdivision or official, 106
168	168		agent, or employee of the such state or other governmental 107
169	169		entity or any other person, public or private, may not shall 108
170	170		knowingly and willfully keep or cause to be kept any list, 109
171	171		record, or registry of privately owned firearms or any list, 110
172	172		record, or registry of the owners of those firearms. 111
173	173		(b) A payment settlement entity, me rchant acquiring 112
174	174		entity, or third party settlement organization as those terms 113
175	175		are defined in s. 6050W of the Internal Revenue Code may not 114
176	176		assign a merchant category code to or otherwise classify a 115
177	177		merchant that is a seller of firearms or ammunition separ ately 116
178	178		from general merchandise retailers or sporting goods retailers. 117
179	179		(c) An entity involved in facilitating or processing a 118
180	180		payment card transaction, including, but not limited to, a 119
181	181		financial institution, an acquirer, a payment card network, or a 120
182		-	payment card issuer, may not assign to or require a ~~merchant to~~ 121
183		-	use a merchant category code that classifies the ~~merchant as a~~ 122
184		-	firearms or ammunition retailer or ~~places the merchant in a~~ 123
185		-	~~similar~~ classification. A merchant of firearms or ~~ammunit ion~~ may 124
186		-	be assigned or may use a merchant category code for general 125
	182	+	payment card issuer, may not assign to a merchant, or require a 121
	183	+	merchant to use, a merchant category code that classifies the 122
	184	+	merchant as a firearms or ammunition retailer or a similar 123
	185	+	classification. A merchant of firearms or ammunition may be 124
	186	+	assigned or may use a merchant category code for general 125
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	188	+	CS/HB 221 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
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199	199		merchandise retailers or sporting goods retailers. Any agreement 126
200	200		or contractual provision to the contrary is void in violation of 127
201	201		the public policy of this state. 128
202	202		(4) PENALTIES.— 129
203	203		(a) Any person who, or entity th at, violates paragraph 130
204	204		(2)(a) a provision of this section commits a felony of the third 131
205	205		degree, punishable as provided in s. 775.082 or s. 775.083. 132
206	206		(b) Except as required by the provisions of s. 16, Art. I 133
207	207		of the State Constitution or the Sixth Amendment to the United 134
208	208		States Constitution, no public funds may not shall be used to 135
209	209		defend the unlawful conduct of any person charged with a 136
210	210		violation of this section, unless the charges against the such 137
211	211		person are dismissed or the such person is determined to be not 138
212	212		guilty at trial. Notwithstanding this paragraph, public funds 139
213	213		may be expended to provide the services of the office of public 140
214	214		defender or court-appointed conflict counsel as provided by law. 141
215	215		(c) The governmental entity, or the designee of the such 142
216	216		governmental entity, in whose service or employ a list, record, 143
217	217		or registry was compiled in violation of paragraph (2)(a) this 144
218	218		section may be assessed a fine of up to not more than $5 145
219	219		million, if the court determines that the evidence shows that 146
220	220		the list, record, or registry was compiled or maintained with 147
221	221		the knowledge or complicity of the management of the 148
222	222		governmental entity. The Attorney General may bring a civil 149
223	223		cause of action to enforce the fines assessed under this 150
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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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236	236		paragraph. 151
237	237		(d) The Department of Agriculture and Consumer Services 152
238	238		may investigate alleged violations of paragraph (2)(b) or 153
239	239		paragraph (2)(c) and, upon finding a violation, bring an 154
240	240		administrative action seeking to impose an administrative fine 155
241	241		pursuant to s. 570.971 in the Class III cate gory for each 156
242	242		violation of paragraph (2)(b) or paragraph (2)(c) for each 157
243	243		instance of an unlawfully classified retailer. 158
244	244		(e)(d) The state attorney in the appropriate jurisdiction 159
245	245		shall investigate complaints of criminal violations of this 160
246	246		section, except for alleged violations of paragraph (2)(b) or 161
247		-	paragraph (2)(c), and shall prosecute violators ~~and~~, where 162
248		-	~~evidence~~ indicates that a violation may have occurred , shall 163
249		-	~~prosecute~~ violators. 164
	247	+	paragraph (2)(c), and shall prosecute violators , where evidence 162
	248	+	indicates that a violation may have occurred , shall prosecute 163
	249	+	violators. 164
250	250		Section 2. This act shall take effect July 1, 2023. 165