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