Florida 2025 Regular Session

Florida House Bill H0053 Compare Versions

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

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3	3	HB 53 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb53-00
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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 ammunition; providing a 2
16	16	short title; amending s. 790.065, F.S.; requiring 3
17	17	background checks for the sale or transfer of 4
18	18	ammunition; providing exceptions; providing an 5
19	19	effective date. 6
20	20	7
21	21	Be It Enacted by the Legislature of the State of Florida: 8
22	22	9
23	23	Section 1. This act may be cited as "Jaime's Law." 10
24	24	Section 2. Subsections (1), (2), and (3), paragraphs (b), 11
25	25	(c), and (d) of subsecti on (4), and subsections (6), (11), and 12
26	26	(12) of section 790.065, Florida Statutes, are amended, and 13
27	27	subsections (8), (10), and (14) of that section are republished, 14
28	28	to read: 15
29	29	790.065 Sale and delivery of firearms and ammunition.— 16
30	30	(1)(a) A licensed import er, licensed manufacturer, or 17
31	31	licensed dealer may not sell or deliver from her or his 18
32	32	inventory at her or his licensed premises any firearm or 19
33	33	ammunition to another person, other than a licensed importer, 20
34	34	licensed manufacturer, licensed dealer, or licensed collector, 21
35	35	until she or he has: 22
36	36	1. Obtained a completed form from the potential buyer or 23
37	37	transferee, which form shall have been promulgated by the 24
38	38	Department of Law Enforcement and provided by the licensed 25
39	39
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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
48	48
49	49
50	50
51	51	importer, licensed manufacturer, or licensed de aler, which shall 26
52	52	include the name, date of birth, gender, race, and social 27
53	53	security number or other identification number of such potential 28
54	54	buyer or transferee and has inspected proper identification 29
55	55	including an identification containing a photograph of the 30
56	56	potential buyer or transferee. 31
57	57	2. Collected a fee from the potential buyer for processing 32
58	58	the criminal history check of the potential buyer. The fee shall 33
59	59	be established by the Department of Law Enforcement and may not 34
60	60	exceed $8 per transaction. The Department of Law Enforcement may 35
61	61	reduce, or suspend collection of, the fee to reflect payment 36
62	62	received from the Federal Government applied to the cost of 37
63	63	maintaining the criminal history check system established by 38
64	64	this section as a means of facilitating or supplementing the 39
65	65	National Instant Criminal Background Check System. The 40
66	66	Department of Law Enforcement shall, by rule, establish 41
67	67	procedures for the fees to be transmitted by the licensee to the 42
68	68	Department of Law Enforcement. Such procedures must provide that 43
69	69	fees may be paid or transmitted by electronic means, including, 44
70	70	but not limited to, debit cards, credit cards, or electronic 45
71	71	funds transfers. All such fees shall be deposited into the 46
72	72	Department of Law Enforcement Operating Trust Fund, but shall be 47
73	73	segregated from all other funds deposited into such trust fund 48
74	74	and must be accounted for separately. Such segregated funds must 49
75	75	not be used for any purpose other than the operation of the 50
76	76
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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
85	85
86	86
87	87
88	88	criminal history checks required by this section. The Department 51
89	89	of Law Enforcement, each year before February 1, shall make a 52
90	90	full accounting of all receipts and expenditures of such funds 53
91	91	to the President of the Senate, the Speaker of the House of 54
92	92	Representatives, the majority and minority leaders of each house 55
93	93	of the Legislature, and the chairs of the appropriations 56
94	94	committees of each house of the Legislature. In the event that 57
95	95	the cumulative amount of funds collected exceeds the cumulative 58
96	96	amount of expenditures by more than $2.5 million, excess funds 59
97	97	may be used for the purpose of purchasing soft body armor for 60
98	98	law enforcement officers. 61
99	99	3. Requested, by means of a toll -free telephone call or 62
100	100	other electronic means, the Department of Law Enforcement to 63
101	101	conduct a check of the information as reported and reflected in 64
102	102	the Florida Crime Information Center and National Crime 65
103	103	Information Center systems as of the date of the request. 66
104	104	4. Received a unique approval number for that inquiry from 67
105	105	the Department of Law Enforcement, and recorded the date and 68
106	106	such number on the conse nt form. 69
107	107	(b) However, if the person purchasing, or receiving 70
108	108	delivery of, the firearm or ammunition is a holder of a valid 71
109	109	concealed weapons or firearms license pursuant to the provisions 72
110	110	of s. 790.06 or holds an active certification from the Criminal 73
111	111	Justice Standards and Training Commission as a "law enforcement 74
112	112	officer," a "correctional officer," or a "correctional probation 75
113	113
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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	officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or 76
126	126	(9), this subsection does not apply. 77
127	127	(c) This subsection does not apply to the purchase, trade, 78
128	128	or transfer of a rifle or shotgun or rifle or shotgun ammunition 79
129	129	by a resident of this state when the resident makes such 80
130	130	purchase, trade, or transfer from a licensed importer, licensed 81
131	131	manufacturer, or licensed dealer in another state. 82
132	132	(d) This subsection does not apply to a transfer of 83
133	133	ammunition if the transferor has no reason to believe that the 84
134	134	transferee will use or intends to use the ammunition in a crime 85
135	135	or that the transferee is prohibited from possessing ammunit ion 86
136	136	under state or federal law, and the transfer takes place and the 87
137	137	transferee's possession of the ammunition is exclusively: 88
138	138	1. At a shooting range or in a shooting gallery or other 89
139	139	area designated for the purpose of target shooting; or 90
140	140	2. While reasonably necessary for the purposes of hunting, 91
141	141	trapping, or fishing, if the transferor: 92
142	142	a. Has no reason to believe that the transferee intends to 93
143	143	use the ammunition in a place where it is illegal; 94
144	144	b. Has reason to believe that the transferee will c omply 95
145	145	with all licensing and permit requirements for such hunting, 96
146	146	trapping, or fishing; or 97
147	147	c. Is in the presence of the transferee. 98
148	148	(2) Upon receipt of a request for a criminal history 99
149	149	record check, the Department of Law Enforcement shall, during 100
150	150
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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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160	160
161	161
162	162	the licensee's call or by return call, forthwith: 101
163	163	(a) Review any records available to determine if the 102
164	164	potential buyer or transferee: 103
165	165	1. Has been convicted of a felony and is prohibited from 104
166	166	receipt or possession of a firearm or ammunition pursuant to s. 105
167	167	790.23; 106
168	168	2. Has been convicted of a misdemeanor crime of domestic 107
169	169	violence, and therefore is prohibited from purchasing a firearm 108
170	170	or ammunition; 109
171	171	3. Has had adjudication of guilt withheld or imposition of 110
172	172	sentence suspended on any felony or misdemeanor cr ime of 111
173	173	domestic violence unless 3 years have elapsed since probation or 112
174	174	any other conditions set by the court have been fulfilled or 113
175	175	expunction has occurred; or 114
176	176	4. Has been adjudicated mentally defective or has been 115
177	177	committed to a mental institution by a court or as provided in 116
178	178	sub-sub-subparagraph b.(II), and as a result is prohibited by 117
179	179	state or federal law from purchasing a firearm. 118
180	180	a. As used in this subparagraph, "adjudicated mentally 119
181	181	defective" means a determination by a court that a person, as a 120
182	182	result of marked subnormal intelligence, or mental illness, 121
183	183	incompetency, condition, or disease, is a danger to himself or 122
184	184	herself or to others or lacks the mental capacity to contract or 123
185	185	manage his or her own affairs. The phrase includes a judicial 124
186	186	finding of incapacity under s. 744.331(6)(a), an acquittal by 125
187	187
188	188	HB 53 2025
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191	191
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193	193	hb53-00
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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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197	197
198	198
199	199	reason of insanity of a person charged with a criminal offense, 126
200	200	and a judicial finding that a criminal defendant is not 127
201	201	competent to stand trial. 128
202	202	b. As used in this subparagraph, "committed to a men tal 129
203	203	institution" means: 130
204	204	(I) Involuntary commitment, commitment for mental 131
205	205	defectiveness or mental illness, and commitment for substance 132
206	206	abuse. The phrase includes involuntary inpatient placement under 133
207	207	as defined in s. 394.467, involuntary outpatient plac ement under 134
208	208	as defined in s. 394.4655, involuntary assessment and 135
209	209	stabilization under s. 397.6818, and involuntary substance abuse 136
210	210	treatment under s. 397.6957, but does not include a person in a 137
211	211	mental institution for observation or discharged from a menta l 138
212	212	institution based upon the initial review by the physician or a 139
213	213	voluntary admission to a mental institution; or 140
214	214	(II) Notwithstanding sub -sub-subparagraph (I), voluntary 141
215	215	admission to a mental institution for outpatient or inpatient 142
216	216	treatment of a person who had an involuntary examination under 143
217	217	s. 394.463, where each of the following conditions have been 144
218	218	met: 145
219	219	(A) An examining physician found that the person is an 146
220	220	imminent danger to himself or herself or others. 147
221	221	(B) The examining physician certified th at if the person 148
222	222	did not agree to voluntary treatment, a petition for involuntary 149
223	223	outpatient or inpatient treatment would have been filed under s. 150
224	224
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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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234	234
235	235
236	236	394.463(2)(g)4., or the examining physician certified that a 151
237	237	petition was filed and the person subsequently a greed to 152
238	238	voluntary treatment prior to a court hearing on the petition. 153
239	239	(C) Before agreeing to voluntary treatment, the person 154
240	240	received written notice of that finding and certification, and 155
241	241	written notice that as a result of such finding, he or she may 156
242	242	be prohibited from purchasing a firearm, and may not be eligible 157
243	243	to apply for or retain a concealed weapon or firearms license 158
244	244	under s. 790.06 and the person acknowledged such notice in 159
245	245	writing, in substantially the following form: 160
246	246	"I understand that the doc tor who examined me believes I am a 161
247	247	danger to myself or to others. I understand that if I do not 162
248	248	agree to voluntary treatment, a petition will be filed in court 163
249	249	to require me to receive involuntary treatment. I understand 164
250	250	that if that petition is filed, I have the right to contest it. 165
251	251	In the event a petition has been filed, I understand that I can 166
252	252	subsequently agree to voluntary treatment prior to a court 167
253	253	hearing. I understand that by agreeing to voluntary treatment in 168
254	254	either of these situations, I may be p rohibited from buying 169
255	255	firearms and from applying for or retaining a concealed weapons 170
256	256	or firearms license until I apply for and receive relief from 171
257	257	that restriction under Florida law." 172
258	258	(D) A judge or a magistrate has, pursuant to sub -sub-173
259	259	subparagraph c.(II), reviewed the record of the finding, 174
260	260	certification, notice, and written acknowledgment classifying 175
261	261
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269	269	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
270	270
271	271
272	272
273	273	the person as an imminent danger to himself or herself or 176
274	274	others, and ordered that such record be submitted to the 177
275	275	department. 178
276	276	c. In order to check for these conditions, the department 179
277	277	shall compile and maintain an automated database of persons who 180
278	278	are prohibited from purchasing a firearm based on court records 181
279	279	of adjudications of mental defectiveness or commitments to 182
280	280	mental institutions. 183
281	281	(I) Except as provided in sub-sub-subparagraph (II), 184
282	282	clerks of court shall submit these records to the department 185
283	283	within 1 month after the rendition of the adjudication or 186
284	284	commitment. Reports shall be submitted in an automated format. 187
285	285	The reports must, at a minimum, i nclude the name, along with any 188
286	286	known alias or former name, the sex, and the date of birth of 189
287	287	the subject. 190
288	288	(II) For persons committed to a mental institution 191
289	289	pursuant to sub-sub-subparagraph b.(II), within 24 hours after 192
290	290	the person's agreement to volunta ry admission, a record of the 193
291	291	finding, certification, notice, and written acknowledgment must 194
292	292	be filed by the administrator of the receiving or treatment 195
293	293	facility, as defined in s. 394.455, with the clerk of the court 196
294	294	for the county in which the involuntar y examination under s. 197
295	295	394.463 occurred. No fee shall be charged for the filing under 198
296	296	this sub-sub-subparagraph. The clerk must present the records to 199
297	297	a judge or magistrate within 24 hours after receipt of the 200
298	298
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306	306	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
307	307
308	308
309	309
310	310	records. A judge or magistrate is required and has the lawful 201
311	311	authority to review the records ex parte and, if the judge or 202
312	312	magistrate determines that the record supports the classifying 203
313	313	of the person as an imminent danger to himself or herself or 204
314	314	others, to order that the record be submitted to the d epartment. 205
315	315	If a judge or magistrate orders the submittal of the record to 206
316	316	the department, the record must be submitted to the department 207
317	317	within 24 hours. 208
318	318	d. A person who has been adjudicated mentally defective or 209
319	319	committed to a mental institution, as tho se terms are defined in 210
320	320	this paragraph, may petition the court that made the 211
321	321	adjudication or commitment, or the court that ordered that the 212
322	322	record be submitted to the department pursuant to sub -sub-213
323	323	subparagraph c.(II), for relief from the firearm disabilit ies 214
324	324	imposed by such adjudication or commitment. A copy of the 215
325	325	petition shall be served on the state attorney for the county in 216
326	326	which the person was adjudicated or committed. The state 217
327	327	attorney may object to and present evidence relevant to the 218
328	328	relief sought by the petition. The hearing on the petition may 219
329	329	be open or closed as the petitioner may choose. The petitioner 220
330	330	may present evidence and subpoena witnesses to appear at the 221
331	331	hearing on the petition. The petitioner may confront and cross -222
332	332	examine witnesses called by the state attorney. A record of the 223
333	333	hearing shall be made by a certified court reporter or by court -224
334	334	approved electronic means. The court shall make written findings 225
335	335
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343	343	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
344	344
345	345
346	346
347	347	of fact and conclusions of law on the issues before it and issue 226
348	348	a final order. The court shall grant the relief requested in the 227
349	349	petition if the court finds, based on the evidence presented 228
350	350	with respect to the petitioner's reputation, the petitioner's 229
351	351	mental health record and, if applicable, criminal history 230
352	352	record, the circumstances surrounding the firearm disability, 231
353	353	and any other evidence in the record, that the petitioner will 232
354	354	not be likely to act in a manner that is dangerous to public 233
355	355	safety and that granting the relief would not be contrary to the 234
356	356	public interest. If the final o rder denies relief, the 235
357	357	petitioner may not petition again for relief from firearm 236
358	358	disabilities until 1 year after the date of the final order. The 237
359	359	petitioner may seek judicial review of a final order denying 238
360	360	relief in the district court of appeal having ju risdiction over 239
361	361	the court that issued the order. The review shall be conducted 240
362	362	de novo. Relief from a firearm disability granted under this 241
363	363	sub-subparagraph has no effect on the loss of civil rights, 242
364	364	including firearm rights, for any reason other than the 243
365	365	particular adjudication of mental defectiveness or commitment to 244
366	366	a mental institution from which relief is granted. 245
367	367	e. Upon receipt of proper notice of relief from firearm 246
368	368	disabilities granted under sub -subparagraph d., the department 247
369	369	shall delete any mental health record of the person granted 248
370	370	relief from the automated database of persons who are prohibited 249
371	371	from purchasing a firearm based on court records of 250
372	372
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380	380	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
381	381
382	382
383	383
384	384	adjudications of mental defectiveness or commitments to mental 251
385	385	institutions. 252
386	386	f. The department i s authorized to disclose data collected 253
387	387	pursuant to this subparagraph to agencies of the Federal 254
388	388	Government and other states for use exclusively in determining 255
389	389	the lawfulness of a firearm sale or transfer. The department is 256
390	390	also authorized to disclose this data to the Department of 257
391	391	Agriculture and Consumer Services for purposes of determining 258
392	392	eligibility for issuance of a concealed weapons or concealed 259
393	393	firearms license and for determining whether a basis exists for 260
394	394	revoking or suspending a previously issued license pursuant to 261
395	395	s. 790.06(10). When a potential buyer or transferee appeals a 262
396	396	nonapproval based on these records, the clerks of court and 263
397	397	mental institutions shall, upon request by the department, 264
398	398	provide information to help determine whether the pote ntial 265
399	399	buyer or transferee is the same person as the subject of the 266
400	400	record. Photographs and any other data that could confirm or 267
401	401	negate identity must be made available to the department for 268
402	402	such purposes, notwithstanding any other provision of state law 269
403	403	to the contrary. Any such information that is made confidential 270
404	404	or exempt from disclosure by law shall retain such confidential 271
405	405	or exempt status when transferred to the department. 272
406	406	(b) Inform the licensee making the inquiry either that 273
407	407	records demonstrate t hat the buyer or transferee is so 274
408	408	prohibited and provide the licensee a nonapproval number, or 275
409	409
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417	417	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
418	418
419	419
420	420
421	421	provide the licensee with a unique approval number. 276
422	422	(c)1. Review any records available to it to determine 277
423	423	whether the potential buyer or transferee has been in dicted or 278
424	424	has had an information filed against her or him for an offense 279
425	425	that is a felony under either state or federal law, or, as 280
426	426	mandated by federal law, has had an injunction for protection 281
427	427	against domestic violence entered against the potential buyer or 282
428	428	transferee under s. 741.30, has had an injunction for protection 283
429	429	against repeat violence entered against the potential buyer or 284
430	430	transferee under s. 784.046, or has been arrested for a 285
431	431	dangerous crime as specified in s. 907.041(5)(a) or for any of 286
432	432	the following enumerated offenses: 287
433	433	a. Criminal anarchy under ss. 876.01 and 876.02. 288
434	434	b. Extortion under s. 836.05. 289
435	435	c. Explosives violations under s. 552.22(1) and (2). 290
436	436	d. Controlled substances violations under chapter 893. 291
437	437	e. Resisting an officer with violence under s. 843.01. 292
438	438	f. Weapons and firearms violations under this chapter. 293
439	439	g. Treason under s. 876.32. 294
440	440	h. Assisting self-murder under s. 782.08. 295
441	441	i. Sabotage under s. 876.38. 296
442	442	j. Stalking or aggravated stalking under s. 784.048. 297
443	443	298
444	444	If the review indicates any such indictment, information, or 299
445	445	arrest, the department shall provide to the licensee a 300
446	446
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454	454	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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456	456
457	457
458	458	conditional nonapproval number. 301
459	459	2. Within 24 working hours, the department shall determine 302
460	460	the disposition of the indictment, information, or arrest a nd 303
461	461	inform the licensee as to whether the potential buyer is 304
462	462	prohibited from receiving or possessing a firearm or ammunition. 305
463	463	For purposes of this paragraph, "working hours" means the hours 306
464	464	from 8 a.m. to 5 p.m. Monday through Friday, excluding legal 307
465	465	holidays. 308
466	466	3. The office of the clerk of court, at no charge to the 309
467	467	department, shall respond to any department request for data on 310
468	468	the disposition of the indictment, information, or arrest as 311
469	469	soon as possible, but in no event later than 8 working hours. 312
470	470	4. The department shall determine as quickly as possible 313
471	471	within the allotted time period whether the potential buyer is 314
472	472	prohibited from receiving or possessing a firearm or ammunition. 315
473	473	5. If the potential buyer is not so prohibited, or if the 316
474	474	department cannot determine the disposition information within 317
475	475	the allotted time period, the department shall provide the 318
476	476	licensee with a conditional approval number. 319
477	477	6. If the buyer is so prohibited, the conditional 320
478	478	nonapproval number shall become a nonapproval number . 321
479	479	7. The department shall continue its attempts to obtain 322
480	480	the disposition information and may retain a record of all 323
481	481	approval numbers granted without sufficient disposition 324
482	482	information. If the department later obtains disposition 325
483	483
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491	491	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
492	492
493	493
494	494
495	495	information which indica tes: 326
496	496	a. That the potential buyer is not prohibited from owning 327
497	497	a firearm or ammunition, it shall treat the record of the 328
498	498	transaction in accordance with this section; or 329
499	499	b. That the potential buyer is prohibited from owning a 330
500	500	firearm or ammunition, it shall immediately revoke the 331
501	501	conditional approval number and notify local law enforcement. 332
502	502	8. During the time that disposition of the indictment, 333
503	503	information, or arrest is pending and until the department is 334
504	504	notified by the potential buyer that there has been a final 335
505	505	disposition of the indictment, information, or arrest, the 336
506	506	conditional nonapproval number shall remain in effect. 337
507	507	(3) In the event of scheduled computer downtime, 338
508	508	electronic failure, or similar emergency beyond the control of 339
509	509	the Department of Law Enforcement, the department shall 340
510	510	immediately notify the licensee of the reason for, and estimated 341
511	511	length of, such delay. After such notification, the department 342
512	512	shall forthwith, and in no event later than the end of the next 343
513	513	business day of the lic ensee, either inform the requesting 344
514	514	licensee if its records demonstrate that the buyer or transferee 345
515	515	is prohibited from receipt or possession of a firearm or 346
516	516	ammunition pursuant to Florida and Federal law or provide the 347
517	517	licensee with a unique approval numb er. Unless notified by the 348
518	518	end of said next business day that the buyer or transferee is so 349
519	519	prohibited, and without regard to whether she or he has received 350
520	520
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528	528	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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530	530
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532	532	a unique approval number, the licensee may complete the sale or 351
533	533	transfer and shall not be deemed in violation of this section 352
534	534	with respect to such sale or transfer. 353
535	535	(4) 354
536	536	(b) Notwithstanding the provisions of this subsection, the 355
537	537	Department of Law Enforcement may maintain records of NCIC 356
538	538	transactions to the extent required by the Federal Government, 357
539	539	and may maintain a log of dates of requests for criminal history 358
540	540	records checks, unique approval and nonapproval numbers, license 359
541	541	identification numbers, and transaction numbers corresponding to 360
542	542	such dates for a period of not longer than 2 years or as 361
543	543	otherwise required by law. 362
544	544	(c) Nothing in this chapter shall be construed to allow 363
545	545	the State of Florida to maintain records containing the names of 364
546	546	purchasers or transferees who receive unique approval numbers or 365
547	547	to maintain records of firearm or ammunition transactions. 366
548	548	(d) Any officer or employee, or former officer or employee 367
549	549	of the Department of Law Enforcement or law enforcement agency 368
550	550	who intentionally and maliciously violates the provisions of 369
551	551	this subsection commits a felony of the third degree punish able 370
552	552	as provided in s. 775.082 or s. 775.083. 371
553	553	(6) Any person who is denied the right to receive or 372
554	554	purchase a firearm or ammunition as a result of the procedures 373
555	555	established by this section may request a criminal history 374
556	556	records review and correction in accordance with the rules 375
557	557
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565	565	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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569	569	promulgated by the Department of Law Enforcement. 376
570	570	(8) The Department of Law Enforcement shall promulgate 377
571	571	regulations to ensure the identity, confidentiality, and 378
572	572	security of all records and data provided pursuant to this 379
573	573	section. 380
574	574	(10) A licensed importer, licensed manufacturer, or 381
575	575	licensed dealer is not required to comply with the requirements 382
576	576	of this section in the event of: 383
577	577	(a) Unavailability of telephone service at the licensed 384
578	578	premises due to the failure of the entity whi ch provides 385
579	579	telephone service in the state, region, or other geographical 386
580	580	area in which the licensee is located to provide telephone 387
581	581	service to the premises of the licensee due to the location of 388
582	582	said premises; or the interruption of telephone service by 389
583	583	reason of hurricane, tornado, flood, natural disaster, or other 390
584	584	act of God, war, invasion, insurrection, riot, or other bona 391
585	585	fide emergency, or other reason beyond the control of the 392
586	586	licensee; or 393
587	587	(b) Failure of the Department of Law Enforcement to comply 394
588	588	with the requirements of subsections (2) and (3). 395
589	589	(11) Compliance with the provisions of this chapter shall 396
590	590	be a complete defense to any claim or cause of action under the 397
591	591	laws of any state for liability for damages arising from the 398
592	592	importation or manufacture, or the subsequent sale or transfer 399
593	593	to any person who has been convicted in any cour t of a crime 400
594	594
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602	602	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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604	604
605	605
606	606	punishable by imprisonment for a term exceeding 1 year, of any 401
607	607	firearm or ammunition which has been shipped or transported in 402
608	608	interstate or foreign commerce. The Department of Law 403
609	609	Enforcement, its agents and employees shall not be liable for 404
610	610	any claim or cause of action under the laws of any state for 405
611	611	liability for damages arising from its actions in lawful 406
612	612	compliance with this section. 407
613	613	(12)(a) Any potential buyer or transferee who willfully 408
614	614	and knowingly provides false information or false o r fraudulent 409
615	615	identification commits a felony of the third degree punishable 410
616	616	as provided in s. 775.082 or s. 775.083. 411
617	617	(b) Any licensed importer, licensed manufacturer, or 412
618	618	licensed dealer who violates the provisions of subsection (1) 413
619	619	commits a felony of th e third degree punishable as provided in 414
620	620	s. 775.082 or s. 775.083. 415
621	621	(c) Any employee or agency of a licensed importer, 416
622	622	licensed manufacturer, or licensed dealer who violates the 417
623	623	provisions of subsection (1) commits a felony of the third 418
624	624	degree punishable as provided in s. 775.082 or s. 775.083. 419
625	625	(d) Any person who knowingly acquires a firearm or 420
626	626	ammunition through purchase or transfer intended for the use of 421
627	627	a person who is prohibited by state or federal law from 422
628	628	possessing or receiving a firearm or ammunition commits a felony 423
629	629	of the third degree, punishable as provided in s. 775.082 or s. 424
630	630	775.083. 425
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639	639	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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643	643	(14) This section does not apply to employees of sheriff's 426
644	644	offices, municipal police departments, correctional facilities 427
645	645	or agencies, or other criminal justi ce or governmental agencies 428
646	646	when the purchases or transfers are made on behalf of an 429
647	647	employing agency for official law enforcement purposes. 430
648	648	Section 3. This act shall take effect October 1, 2025. 431