THE BILL ITSELF
SB 90
Public Records/Receipt or Transfer of Ammunition
Florida Senate - 2026 SB 90 By Senator Polsky 30-00109-26 202690__
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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 for the
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reversion of specified statutory text unless certain
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conditions are met; providing a statement of public
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necessity; providing a contingent effective 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
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790.065, Florida Statutes, as amended by SB 88, 2026 Regular
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Session, is amended to read:
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790.065 Sale and delivery of firearms and ammunition.—
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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 ,
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which records are created by the Department of Law Enforcement
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to conduct the criminal history record check , are shall be
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confidential and exempt from the provisions of s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution 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 to s. 24(a), Article I of the State Constitution
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and shall stand repealed on October 2, 2031, and the text of s.
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790.065(4)(a), Florida Statutes, shall revert to that in
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existence on September 30, 2026, except that any amendments to
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such text enacted other than by this act shall be preserved and
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continue to operate to the extent that such amendments are not
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dependent upon the portions of text which expire pursuant to
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this section, unless reviewed and saved from repeal through
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reenactment by the 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 an individual who
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is a 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 someone
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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
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herself. The Legislature has found in prior legislative sessions
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and has expressed in s. 790.335(1)(a)3., Florida Statutes, that
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a list, record, or registry of legally owned firearms or law
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abiding firearm owners is “an instrument that can be used as a
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means to profile innocent citizens and to harass and abuse
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American citizens based solely on their choice to own firearms
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and exercise their Second Amendment right to keep and bear arms
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as guaranteed under the United States Constitution.” Release of
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personal identifying information of an individual who has
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purchased ammunition could be used to harass an innocent person
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based 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 that
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SB 88 or similar legislation takes effect, if such legislation
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is adopted in the same legislative session or an extension
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thereof and becomes a law.