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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 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. Subsectio ns (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 de livery of firearms 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 b y the licensed 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 identifi cation 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 Enforcement 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 established 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 t he 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 majority 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 expenditur es by more than $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 E nforcement, 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 li censed importer, 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 crim e 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; 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 impos ition 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 d efective 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 tr ial. 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 in stitution for 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 he rself or others. 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 certif ied 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 vo luntary treatment 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 magistrate 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 submitted 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 defectiv eness or commitments 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 submitte d in an automated 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 24 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 th e clerk of the 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 re ceipt 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 hersel f 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 ment ally defective 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 and 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 petitio n. The petitioner 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 conclusion s 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 applicable, 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 w ould 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 ord er 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 right s, 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 un der 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 o r commitments 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 t ransfer. 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 departm ent, 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, notwithstanding 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 making 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 dete rmine 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 specified in s. 907.041(5)(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 determin e 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 buyer 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 con ditional 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 prohibited 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 similar 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 later 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 Fe deral law or 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 complete 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 approv al 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 licensed 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 court 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 ar ising 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 or 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 the 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 f irearm 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 justice 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, 2024. 432