THE BILL ITSELF
HB 43
Pub. Rec./Sales of Ammunition
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A bill to be entitled
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An act relating to public records; amending s.
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790.065, F.S.; providing an exemption from public
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records requirements for records containing certain
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information pertaining to a buyer or transferee who is
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not found to be prohibited from receipt or transfer of
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ammunition; providing for future legislative review
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and repeal of the exemption; providing a statement of
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public necessity; providing a contingent effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (4) of section 790.065, Florida Statutes, is amended to read:
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790.065 Sale and delivery of firearms.—
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(4)(a) Any records containing any of the information set
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forth in subsection (1) pertaining to a buyer or transferee who
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is not found to be prohibited from receipt or transfer of a
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firearm or ammunition by reason of Florida and federal law which
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records are created by the Department of Law Enforcement to
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conduct the criminal history record check shall be confidential
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and exempt from the provisions of s. 119.07(1) and may not be
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disclosed by the Department of Law Enforcement or any officer or
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employee thereof to any person or to another agency. The
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Department of Law Enforcement shall destroy any such records
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forthwith after it communicates the approval and nonapproval
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numbers to the licensee and, in any event, such records shall be
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destroyed within 48 hours after the day of the response to the
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licensee's request.
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Section 2. The amendments to s. 790.065(4)(a), Florida
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Statutes, made by this act are subject to the Open Government
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Sunset Review Act in accordance with s. 119.15, Florida
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Statutes, and shall stand repealed on October 2, 2031, and the
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text of this paragraph shall revert to that in existence on
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September 30, 2026, except that any amendments to such text
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enacted other than by this act shall be preserved and continue
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to operate to the extent that such amendments are not dependent
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upon the portions of text which expire pursuant to this section,
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unless reviewed and saved from repeal through reenactment by the
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Legislature.
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Section 3. The Legislature finds that it is a public
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necessity that the information pertaining to a person who is a
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buyer or transferee who is not found to be prohibited from
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receipt or transfer of ammunition under s. 790.065, Florida
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Statutes, be made confidential and exempt from public records
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requirements under s. 119.07(1), Florida Statutes, and s. 24(a),
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Article I of the State Constitution. The knowledge that a person
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has purchased ammunition can easily lead to the conclusion that
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the applicant or licensee has in fact armed himself or herself.
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The Legislature has found in prior legislative sessions and has
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expressed in s. 790.335(1)(a)3., Florida Statutes, that a list,
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record, or registry of legally owned firearms or law-abiding
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firearm owners is "an instrument that can be used as a means to
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profile innocent citizens and to harass and abuse American
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citizens based solely on their choice to own firearms and
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exercise their Second Amendment right to keep and bear arms as
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guaranteed under the United States Constitution." Release of
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personal identifying information of a person who has purchased
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ammunition could be used to harass an innocent person based
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solely on that person's exercised right to own a firearm.
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Therefore, the Legislature finds that such information must be
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held confidential and exempt from public records requirements.
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Section 4. This act shall take effect on the same date
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that HB 41 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.