The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 214
INTRODUCER: Commerce and Tourism Committee and Senator Burgess
SUBJECT: Sales of Firearms and Ammunition
DATE: March 14, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Moody Knudson BI Favorable
2. McMillan McKay CM Fav/CS
3. Moody Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 214 revises Florida gun registry laws to prohibit certain entities from using an identifying
code for purchases from firearm or ammunition retailers. The information gathered from the use
of such codes could be construed as a firearm registry maintained by private entities, which
current law prohibits. The bill:
 Makes Legislative findings with respect to maintaining records or tracking by
nongovernmental entities of the purchase of firearms and ammunition, specifying that such
records and tracking may frustrate the right to keep and bear arms and violates the reasonable
privacy rights of lawful purchasers of firearms or ammunition;
 Prohibits payment settlement entities, merchant acquiring entities, third party settlement
organizations, or entities involved in facilitating or processing a payment card transaction
from classifying or assigning merchants with a merchant category code (“MCC”) that
identifies them as sellers of firearms or ammunition;
 Authorizes a firearm or ammunition merchant to assign or use a MCC for general
merchandise or sporting goods retailers;
 Provides that any agreement or contractual clause that is not in compliance with these
provisions is void and in violation of the public policy of Florida;
 Amends the penalties under current law in s. 790.335, F.S., to only apply to the law
prohibiting any person, public or private, from keeping a registry of privately owned
firearms;
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 Excludes the new provisions relating to MCCs for firearms or ammunition retailers from the
provision under current law that provides that the state attorney in the appropriate jurisdiction
is responsible for investigating violations; and
 Authorizes the Department of Agriculture and Consumer Services (DACS) to conduct
investigations of alleged violations of the new provisions on MCCs, and to bring an
administrative action seeking to impose penalties for such violations.
The bill takes effect on July 1, 2023.
II. Present Situation:
The Right to Bear Arms & Firearms Regulation
The Second Amendment states: “A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall not be infringed.” In District of
Columbia v. Heller, the Supreme Court held that the Second Amendment conferred an individual
right to keep and bear arms. However, the right is not unlimited.1
Federal Regulation of Firearms
In applying Heller, a United States Court of Appeals held that a requirement to register a
handgun2 is constitutional.3 However, the Firearm Owners’ Protection Act of 1986 (FOPA)
expressly prohibits any rule or regulation from requiring any records that must be maintained
under the Act from being recorded or transferred to a United States or any State owned or
controlled facility, or any firearm registration system from being established.4
A licensed importer, manufacturer, or dealer must not transfer a firearm to any other person who
is not licensed unless a national instant criminal background check is completed and the system
provides the licensee with a unique identification number, or 3 days have elapsed without
receiving notification that such person is ineligible to receive such firearm or that the receipt of
such firearm would violate federal, state, local, or tribal law.5 If the background check reveals
that receipt or transfer of a firearm by a person would not result in a violation of applicable laws,
the national instant criminal background check system must destroy all records of the system
with respect to the call (other than the identifying number and the date the number was assigned)
and all records of the system relating to the person or the transfer.6 If receipt or transfer of a
firearm would result in a violation of applicable laws, the Attorney General must report to local
law enforcement authority certain information, such as the identity of the person.7
1
District of Columbia v. Heller, 554 U.S. 570, 595-626 (2008). 18 U.S.C. s. 922 provides that certain persons are ineligible
to purchase or possess a firearm including, for instance, specified convicted criminals, fugitives from justice, illegal aliens,
and persons who are adjudicated mentally defective or involuntarily committed to treatment. However, 18 U.S.C. s.
922(g)(3), relating to a person who is an unlawful user of or addicted to any controlled substance, was recently held
unconstitutional. See United States v. Harrison, 2023 WL 1771138 (2023).
2
18 U.S.C. s. 921(30) defines “handgun” as (A) a firearm which has a short stock and is designed to be held and fired by the
use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.
3
Heller v. District of Columbia, 670 F.3d 1244, 1254-55 (D.C.Cir.2011).
4
18 U.S.C. s. 926(a).
5
18 U.S.C. s. 922(t).
6
18 U.S.C. s. 922(t)(2).
7
18 U.S.C. s. 925B(a).
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Florida Firearms Laws
The Florida Constitution guarantees “the right of the people to keep and bear arms in defense of
themselves and of the lawful authority of the state…except that the manner of bearing arms may
be regulated by law.”8 Generally, a person does not need a license to possess or use a firearm9 in
Florida. However, a person is prohibited from openly carrying a firearm on or about his or her
person10 unless the person is a law enforcement officer or engaged in one of the activities listed
in s. 790.25(3), F.S., such as hunting, camping, or military service. A violation of this prohibition
is punishable as a second degree misdemeanor.11 The open carry prohibition does not apply to a
person who holds a concealed weapons license and who briefly and openly displays a firearm to
the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or
threatening manner.12
Except in certain circumstances while in the act of evacuating13 during a state of emergency, a
person who carries a concealed weapon on or about his or her person without a license commits
a third degree felony.14 The Department of Agriculture and Consumer Services (DACS) must
issue a concealed weapon or firearm15 license to a person who meets the specified qualifications
under s. 790.06, F.S.16 Personal identifying information of an applicant or an individual who has
received a concealed weapons license held by the Division of License of the DACS is
confidential and exempt from public records disclosure requirements under s. 119.07(1), F.S.,
and s. 24(a), Art. 1 of the State Constitution.17
8
Art. I, s. 8(a), Fla. Const.
9
Section 790.01(6), F.S., defines “firearm” as any weapon (including a starter gun) which will, is designed to, or may readily
be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm
muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique
firearm unless the antique firearm is used in the commission of a crime.
10
Section 790.053(1), F.S.
11
Section 790.053(3), F.S. A second degree misdemeanor is punishable by up to 60 days in jail, a $500 fine, or both. Sections
775.082 and 775.083, F.S.
12
Section 790.053(1), F.S. The open carry prohibition does not apply to necessary self-defense.
13
Section 790.053(3)(a), F.S., defines “in the act of evaluating” as the immediate and urgent movement of a person away
from the evacuation zone within 48 hours after a mandatory evacuation is ordered.
14
Section 790.01(2) and (3)(a), F.S. A third degree felony is punishable by up to five years imprisonment, a $5,000 fine, or
both. Sections 775.082 and 775.083, F.S.
15
For purposes of Section 790.06, F.S., “concealed weapons” or “concealed firearms” are defined to include a “handgun,
electronic weapon or device…but not a machine gun…” Section 790.001(9), F.S., defines “machine gun” as any firearm, as
defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a
single function of the trigger.
16
Section 790.06(2), F.S. provides for the criteria which must be met to be eligible for a license, including, but not limited to:
1) Be a resident and citizen of the United States, permanent resident alien of the United States, or consular security official
that meets certain criteria; 2) Is 21 years of age or older; 3) Does not suffer from a physical infirmity which prevents the safe
handling of a firearm; 4) Is not ineligible to possess a firearm due to a felony conviction; 5) Has not been found guilty or had
adjudication withheld for committing certain crimes; 6) Does not chronically and habitually use alcoholic beverages or other
substances; and 7) Demonstrates competence with a firearm by, for instance, completing a specified course.
17
Section 790.0601(1), F.S.
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A person must be 21 years or older to purchase a firearm.18 Further, except for certain
exclusions,19 there is a mandatory waiting period between the purchase20 and delivery of a
firearm. The purchaser must wait 3 days,21 or for the completion of the records checks required
under s. 790.065, F.S., whichever occurs later.22 Firearm sales records must be made available
for inspection by any law enforcement agency.23
Florida Law – Records of Firearms Owners
Any records containing the information set out in s. 790.065(1), F.S., pertaining to a buyer or
transferee who is not prohibited from receipt or transfer of a firearm under federal or Florida law,
are deemed confidential and exempt from public disclosure pursuant to s. 119.07(1), F.S., and
may not be disclosed by the Florida Department of Law Enforcement (FDLE) to any person or to
another agency.24 The FDLE must destroy any such records after communicating the approval or
nonapproval numbers to the licensee and, in any event, no later than 48 hours after the day of the
response to the licensee’s request.25 However, the FDLE may maintain records of National
Crime Information Center transactions as required under federal law, and may keep:
 A log of dates of requests for criminal history records checks;
 Unique approval and nonapproval numbers;
 License identification numbers; and
 Transaction numbers corresponding to such dates for a period of two years or less or as
otherwise required by law.26
The provisions in ch. 790, F.S., do not allow Florida to maintain records containing the names of
purchasers or transferees who receive unique approval numbers or to keep records of firearm
transactions.27 Any current or former officer or employee of the FDLE or law enforcement
agency who intentionally or maliciously violates these provisions is guilty of a third degree
felony.28
The Florida Legislature has made findings that a list, record, or registry of lawfully owned
firearms or law-abiding firearm owners is not a law enforcement tool or tool for fighting
18
Section 790.065(13), F.S. A licensed importer, manufacturer, or dealer who sells or transfers or facilitates such a sale or
transfer of a firearm to a person younger than 21 years of age commits a third degree felony punishable under s. 775.082,
F.S., s. 775.083, F.S., or s. 775.084, F.S.
19
Section 790.0655(2), F.S., provides that the exclusions include when a firearm is being purchased by a person who holds a
concealed weapons permit, a trade-in of another firearm, to purchase a rifle or shotgun in certain circumstances.
20
Section 790.0655(1), F.S., defines “purchase” as the transfer of money or other valuable consideration to the retailer, and
“retailer” means and includes a licensed importer, manufacturer, or dealer engaged in the business of making firearm sales at
retail or for distribution, or use, or consumption, or storage to be used or consumed in this state.
21
Excluding weekends and legal holidays.
22
Section 790.0655(1), F.S.
23
Id. See also s. 934.02, F.S., defines “law enforcement agency” as an agency of the State of Florida or a political subdivision
thereof or of the United States if the primary responsibility of the agency is the prevention and detection of crime or the
enforcement of the penal, traffic, or highway laws of this state and if its agents and officers are empowered by law to conduct
criminal investigations and to make arrests.
24
Section 790.065(4)(a), F.S.
25
Id.
26
Section 790.065(4)(b), F.S.
27
Section 790.065(4)(c), F.S.
28
Section 790.065(4)(d), F.S.
BILL: CS/SB 214 Page 5
terrorism, but may be used as a “shopping list for thieves,” or as an instrument for profiling,
harassing, or abusing law-abiding citizens based on their choice to exercise a constitutionally
protected right to keep and bear arms. Florida law prohibits certain governmental entities, such
as state agencies or local governments, or their officials, agents, or employees, or any other
person from knowingly and willfully keeping any list, record, or registry of privately owned
firearms or the owners of such firearms.29 Any governmental entity or its designee that violates
this provision commits a third degree felony,30 which must be investigated and prosecuted by the
state attorney in the appropriate jurisdiction.31 Such entity or person may be assessed a fine of up
to $5 million if the court finds that the list, record, or registry was compiled or maintained with
the management’s knowledge or complicity.32 The Attorney General has authority to bring a
civil cause of action to enforce such fines.33
Use of Merchant Category Codes When Purchasing Firearms
Key Players in Credit Card Transactions
There are several key players that are involved in authorization and payment settlement of credit
card transactions, as follows:
 “Participating payee” means (i) in the case of a payment card transaction,34 any person who
accepts a payment card 35as payment; and (ii) in the case of a third party network transaction,
any person who accepts payment from a third party settlement organization in settlement of
such transaction.36 A participating payee may be, for instance, a merchant in a credit card
transaction.37
 “Payment settlement entity” means: (A) in the case of a payment card transaction, the
merchant acquiring entity; and (B) in the case of a third party network transaction, the third
party settlement organization.38 Such entities generally include banks or other organizations
29
Section 790.335(2)(a), F.S.
30
Section 790.335(4)(a), F.S. Except as provided under the U.S. and Florida Constitutions, public funds may not be used to
defend the unlawful conduct of a person who is charged with such a violation unless the charges are dismissed or the person
is found not guilty after a trial. Public funds, however, may be used to provide services of the office of the public defender or
court-appointed conflict counsel as provided by law. Section 779.335(4)(b), F.S.
31
Section 790.335(4)(d), F.S.
32
Section 779.335(4)(c), F.S.
33
Id.
34
26 U.S.C. s. 6050W(c)(2) defines “payment card transaction” as any transaction in which a payment card is accepted as
payment.
35
26 U.S.C. s. 6050W(d)(2) defines “payment card” as any card which is issued pursuant to an agreement or arrangement
which provides for (A) one or more issuers of such cards, (B) a network of persons unrelated to each other, and to the issuer,
who agree to accept such cards of payment, and (C) standards and mechanisms for settling the transactions between merchant
acquiring entities and the persons who agree to accept such cards as payment. The acceptance as payment of any account
number or other indicia associated with a payment card shall be treated for purposes of this section in the same manner as
accepting such payment card as payment.
36