HB 41 full text · Session Watch

1 A bill to be entitled

2 An act relating to sales of ammunition; providing a

3 short title; amending s. 790.065, F.S.; requiring

4 background checks for the sale or transfer of

5 ammunition; providing exceptions; providing an

6 effective date.

8 Be It Enacted by the Legislature of the State of Florida:

10 Section 1. This act may be cited as "Jaime's Law."

11 Section 2. Subsections (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, to read:

16 790.065 Sale and delivery 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 Department of Law Enforcement and provided by 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 identification

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 the

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 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 expenditures 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 Enforcement, 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 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 licensed 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 crime

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 in the presence of the transferee.

99 (2) Upon receipt of a request for a criminal history

100 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 imposition 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 defective 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 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 trial.

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 institution 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 herself or others.

148 (B) The examining physician certified that if the person

149 did not agree to voluntary treatment, a petition for involuntary

150 outpatient or inpatient treatment would have been filed under s.

151 394.463(2)(g)4., or the examining physician certified 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 voluntary 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 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 defectiveness 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 submitted 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 the 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 a judge or magistrate within 24 hours after receipt 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 herself 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 mentally 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 petition. 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 approved electronic means. The court shall make written findings

226 of fact and conclusions 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 would 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 order 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 rights,

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 under 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 from purchasing a firearm based on court records of

251 adjudications of mental defectiveness or 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 transfer. 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 department,

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 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 determine

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.

299 If the review indicates any such indictment, information, or

300 arrest, the department shall provide to the licensee a

301 conditional nonapproval number.

302 2. Within 24 working hours, the department shall determine

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 conditional

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 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 Federal 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 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 approval 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 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 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 arising 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 firearm 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.

425 775.083.

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, 2026.