Bill Amendment: FL S0150 | 2023 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Safety

Status: 2023-03-29 - Laid on Table, companion bill(s) passed, see CS/HB 543 (Ch. 2023-18) [S0150 Detail]

Download: Florida-2023-S0150-Senate_Floor_Amendment_640660.html

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       Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 150
       
       
       
       
       
       
                                Ì640660ÄÎ640660                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Berman moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 868 - 871
    4  and insert:
    5         Section 11. Subsection (1) of section 790.065, Florida
    6  Statutes, is amended to read:
    7         790.065 Sale and delivery of firearms.—
    8         (1)(a) A licensed importer, licensed manufacturer, or
    9  licensed dealer may not sell or deliver from her or his
   10  inventory at her or his licensed premises any firearm to another
   11  person, other than a licensed importer, licensed manufacturer,
   12  licensed dealer, or licensed collector, until she or he has:
   13         1. Obtained a completed form from the potential buyer or
   14  transferee, which form shall have been adopted promulgated by
   15  the Department of Law Enforcement and provided by the licensed
   16  importer, licensed manufacturer, or licensed dealer, which shall
   17  include the name, date of birth, gender, race, and social
   18  security number or other identification number of such potential
   19  buyer or transferee and has inspected proper identification
   20  including an identification containing a photograph of the
   21  potential buyer or transferee.
   22         2. Collected a fee from the potential buyer for processing
   23  the criminal history check of the potential buyer. The fee shall
   24  be established by the Department of Law Enforcement and may not
   25  exceed $8 per transaction. The Department of Law Enforcement may
   26  reduce, or suspend collection of, the fee to reflect payment
   27  received from the Federal Government applied to the cost of
   28  maintaining the criminal history check system established by
   29  this section as a means of facilitating or supplementing the
   30  National Instant Criminal Background Check System. The
   31  Department of Law Enforcement shall, by rule, establish
   32  procedures for the fees to be transmitted by the licensee to the
   33  Department of Law Enforcement. Such procedures must provide that
   34  fees may be paid or transmitted by electronic means, including,
   35  but not limited to, debit cards, credit cards, or electronic
   36  funds transfers. All such fees shall be deposited into the
   37  Department of Law Enforcement Operating Trust Fund, but shall be
   38  segregated from all other funds deposited into such trust fund
   39  and must be accounted for separately. Such segregated funds must
   40  not be used for any purpose other than the operation of the
   41  criminal history checks required by this section. The Department
   42  of Law Enforcement, each year before February 1, shall make a
   43  full accounting of all receipts and expenditures of such funds
   44  to the President of the Senate, the Speaker of the House of
   45  Representatives, the majority and minority leaders of each house
   46  of the Legislature, and the chairs of the appropriations
   47  committees of each house of the Legislature. In the event that
   48  the cumulative amount of funds collected exceeds the cumulative
   49  amount of expenditures by more than $2.5 million, excess funds
   50  may be used for the purpose of purchasing soft body armor for
   51  law enforcement officers.
   52         3. Requested, by means of a toll-free telephone call or
   53  other electronic means, the Department of Law Enforcement to
   54  conduct a check of the information as reported and reflected in
   55  the Florida Crime Information Center and National Crime
   56  Information Center systems as of the date of the request.
   57         4. Received a unique approval number for that inquiry from
   58  the Department of Law Enforcement, and recorded the date and
   59  such number on the consent form.
   60         (b) However, if the person purchasing, or receiving
   61  delivery of, the firearm is a holder of a valid concealed
   62  weapons or firearms license pursuant to the provisions of s.
   63  790.06 or holds an active certification from the Criminal
   64  Justice Standards and Training Commission as a “law enforcement
   65  officer,” a “correctional officer,” or a “correctional probation
   66  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   67  (9), this subsection does not apply.
   68         (c) This subsection does not apply to the purchase, trade,
   69  or transfer of a rifle or shotgun by a resident of this state
   70  when the resident makes such purchase, trade, or transfer from a
   71  licensed importer, licensed manufacturer, or licensed dealer in
   72  another state.
   73         (d)1. If neither party to a prospective firearms sale,
   74  lease, or transfer is a licensed dealer, the parties to the
   75  transaction must complete the sale, lease, or other transfer
   76  through a licensed dealer as follows:
   77         a. The seller, lessor, or transferor must deliver the
   78  firearm to a licensed dealer who shall process the sale, lease,
   79  or transfer as if he or she were the seller, lessor, or
   80  transferor, except that the seller, lessor, or transferor who is
   81  not a licensed dealer may remove the firearm from the business
   82  premises of the licensed dealer while the background check is
   83  being conducted and while the waiting period requirement set
   84  forth in s. 790.0655 is being met. Other than allowing the
   85  unlicensed seller or transferor to remove the firearm from the
   86  licensed dealer’s business premises, the licensed dealer shall
   87  comply with all requirements of federal and state law which
   88  would apply if he or she were the seller, lessor, or transferor
   89  of the firearm;
   90         b. The licensed dealer shall conduct a background check on
   91  the buyer or other transferee in accordance with this section
   92  and, unless the transaction is prohibited, after all other legal
   93  requirements are met, including those set forth in s. 790.0655,
   94  the dealer shall either:
   95         (I) Deliver the firearm to the seller, lessor, or
   96  transferor, who shall complete the transaction and deliver the
   97  firearm to the buyer; or
   98         (II) If the seller, lessor, or transferor has removed the
   99  firearm from the licensed dealer’s business premises, contact
  100  the seller, lessor, or transferor to let him or her know that he
  101  or she may complete the transaction and deliver the firearm to
  102  the buyer; and
  103         c. If the licensed dealer cannot legally complete the
  104  transaction, the dealer must:
  105         (I) Return the firearm to the seller, lessor, or
  106  transferor; or
  107         (II) If the seller, lessor, or transferor has removed the
  108  firearm from the licensed dealer’s business premises, contact
  109  the seller, lessor, or transferor to let him or her know that
  110  the transaction is prohibited, and the seller, lessor, or
  111  transferor may not deliver the firearm to the buyer.
  112         2. The licensed dealer may require the buyer or other
  113  transferee to pay a fee covering the administrative costs
  114  incurred by the licensed dealer for facilitating the transfer of
  115  the firearm, plus applicable fees pursuant to federal and state
  116  law.
  117         3. This paragraph does not apply to:
  118         a. The activities of the United States Marshals Service,
  119  members of the United States Armed Forces or the National Guard,
  120  or federal officials required to carry firearms while engaged in
  121  performing their official duties; and
  122         b. The following activities, unless the lawful owner knows
  123  or has reasonable cause to believe that federal, state, or local
  124  law prohibits the transferee from purchasing or possessing a
  125  firearm, or that the transferee is likely to use the firearm for
  126  unlawful purposes:
  127         (I) The delivery of a firearm to a gunsmith for service or
  128  repair, or the return of the firearm to its owner by the
  129  gunsmith;
  130         (II) The transfer of a firearm to a carrier, warehouseman,
  131  or other person engaged in the business of transportation or
  132  storage, if the receipt, possession, or having on or about the
  133  person of any firearm is in the ordinary course of business and
  134  in conformity with federal, state, and local laws, and not for
  135  the personal use of any such person;
  136         (III) The loan of a firearm solely for the purpose of
  137  shooting at targets, if the loan occurs on the premises of a
  138  properly licensed target facility and if the firearm is at all
  139  times kept within the premises of the target facility;
  140         (IV) The loan of a firearm to a person who is younger than
  141  18 years of age for lawful hunting, sporting, or educational
  142  purposes while under the direct supervision and control of a
  143  responsible adult;
  144         (V) The loan of a firearm to a person who is 18 years of
  145  age or older if the firearm remains in the person’s possession
  146  only while the person is accompanying the lawful owner and using
  147  the firearm for lawful hunting, sporting, or recreational
  148  purposes; or
  149         (VI) The loan of a firearm to an adult family member of the
  150  lawful owner of the firearm, if the lawful owner resides with
  151  the family member but is not present in the residence, provided
  152  that the family member does not maintain control over the
  153  firearm for more than 10 consecutive days.
  154         Section 12. Paragraph (a) of subsection (1) and paragraph
  155  (a) of subsection (2) of section 790.0655, Florida Statutes, are
  156  amended to read:
  157         790.0655 Purchase and delivery of firearms; mandatory
  158  waiting period; exceptions; penalties.—
  159         (1)(a) A mandatory waiting period is imposed between the
  160  purchase and delivery of a firearm, or the delivery through a
  161  private sale facilitated through a licensed dealer as provided
  162  in s. 790.065(1)(d). The mandatory waiting period is 3 days,
  163  excluding weekends and legal holidays, or expires upon the
  164  completion of the records checks required under s. 790.065,
  165  whichever occurs later. “Purchase” means the transfer of money
  166  or other valuable consideration to the retailer. “Retailer”
  167  means and includes a licensed importer, licensed manufacturer,
  168  or licensed dealer engaged in the business of making firearm
  169  sales at retail or for distribution, or use, or consumption, or
  170  storage to be used or consumed in this state, as defined in s.
  171  212.02(13).
  172  
  173  ================= T I T L E  A M E N D M E N T ================
  174  And the title is amended as follows:
  175         Delete line 48
  176  and insert:
  177         amending s. 790.065, F.S.; requiring that, if neither
  178         party to a sale, lease, or transfer of a firearm is a
  179         licensed dealer, the parties complete the sale, lease,
  180         or transfer through a licensed dealer; specifying
  181         procedures and requirements for a licensed dealer,
  182         seller, lessor, or transferor and for a buyer, lessee,
  183         or transferee; authorizing a licensed dealer to charge
  184         a buyer or transferee specified fees; providing
  185         applicability; amending s. 790.0655, F.S.; applying
  186         the mandatory 3-day waiting period to private sales of
  187         handguns facilitated through a licensed dealer; making
  188         technical changes;