Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 180
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00357-24                                            2024180__
                      A bill to be entitled                      
       An act relating to the sale or transfer of ammunition;
       providing a short title; amending s. 790.065, F.S.;
       requiring background checks for the sale or transfer
       of ammunition; providing exceptions; conforming
       provisions to changes made by the act; making
       technical changes; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. This act may be cited as “Jaime’s Law.”
       Section 2. Subsections (1), (2), and (3), paragraphs (b),
(c), and (d) of subsection (4), and subsections (6), (11), and
(12) of section 790.065, Florida Statutes, are amended, and
subsections (8), (10), and (14) of that section are republished,
to read:
       790.065 Sale and delivery of firearms and ammunition.—
       (1)(a) A licensed importer, licensed manufacturer, or
licensed dealer may not sell or deliver from her or his
inventory at her or his licensed premises any firearm or
ammunition to another person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector,
until she or he has:
       1. Obtained a completed form from the potential buyer or
transferee, which form shall have been adopted promulgated by
the Department of Law Enforcement and provided by the licensed
importer, licensed manufacturer, or licensed dealer, which shall
include the name, date of birth, gender, race, and social
security number or other identification number of such potential
buyer or transferee and has inspected proper identification,
including an identification containing a photograph of the
potential buyer or transferee.
       2. Collected a fee from the potential buyer for processing
the criminal history check of the potential buyer. The fee shall
be established by the Department of Law Enforcement and may not
exceed $8 per transaction. The Department of Law Enforcement may
reduce, or suspend collection of, the fee to reflect payment
received from the Federal Government applied to the cost of
maintaining the criminal history check system established by
this section as a means of facilitating or supplementing the
National Instant Criminal Background Check System. The
Department of Law Enforcement shall, by rule, establish
procedures for the fees to be transmitted by the licensee to the
Department of Law Enforcement. Such procedures must provide that
fees may be paid or transmitted by electronic means, including,
but not limited to, debit cards, credit cards, or electronic
funds transfers. All such fees shall be deposited into the
Department of Law Enforcement Operating Trust Fund, but shall be
segregated from all other funds deposited into such trust fund
and must be accounted for separately. Such segregated funds must
not be used for any purpose other than the operation of the
criminal history checks required by this section. The Department
of Law Enforcement shall, each year before February 1, shall
make a full accounting of all receipts and expenditures of such
funds to the President of the Senate, the Speaker of the House
of Representatives, the majority and minority leaders of each
house of the Legislature, and the chairs of the appropriations
committees of each house of the Legislature. In the event that
the cumulative amount of funds collected exceeds the cumulative
amount of expenditures by more than $2.5 million, excess funds
may be used for the purpose of purchasing soft body armor for
law enforcement officers.
       3. Requested, by means of a toll-free telephone call or
other electronic means, the Department of Law Enforcement to
conduct a check of the information as reported and reflected in
the Florida Crime Information Center and National Crime
Information Center systems as of the date of the request.
       4. Received a unique approval number for that inquiry from
the Department of Law Enforcement, and recorded the date and
such number on the consent form.
       (b) However, if the person purchasing, or receiving
delivery of, the firearm or ammunition is a holder of a valid
concealed weapons or firearms license pursuant to the provisions
of s. 790.06 or holds an active certification from the Criminal
Justice Standards and Training Commission as a “law enforcement
officer,” a “correctional officer,” or a “correctional probation
officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
(9), this subsection does not apply.
       (c) This subsection does not apply to the purchase, trade,
or transfer of a rifle or shotgun or rifle or shotgun ammunition
by a resident of this state when the resident makes such
purchase, trade, or transfer from a licensed importer, licensed
manufacturer, or licensed dealer in another state.
       (d) This subsection does not apply to a transfer of
ammunition if the transferor has no reason to believe that the
transferee will use or intends to use the ammunition in a crime
or that the transferee is prohibited from possessing ammunition
under state or federal law, and the transfer takes place and the
transferee’s possession of the ammunition is exclusively:
       1. At a shooting range or in a shooting gallery or other
area designated for the purpose of target shooting; or
       2. While reasonably necessary for the purposes of hunting,
trapping, or fishing, if the transferor:
       a. Has no reason to believe that the transferee intends to
use the ammunition in a place where it is illegal; and
       b. Has reason to believe that the transferee will comply
with all licensing and permit requirements for such hunting,
trapping, or fishing; or
       c. Is in the presence of the transferee.
       (2) Upon receipt of a request for a criminal history record
check, the Department of Law Enforcement shall, during the
licensee’s call or by return call, forthwith:
       (a) Review any records available to determine whether if
the potential buyer or transferee:
       1. Has been convicted of a felony and is prohibited from
receipt or possession of a firearm or ammunition pursuant to s.
790.23;
       2. Has been convicted of a misdemeanor crime of domestic
violence, and therefore is prohibited from purchasing a firearm
or ammunition;
       3. Has had adjudication of guilt withheld or imposition of
sentence suspended on any felony or misdemeanor crime of
domestic violence unless 3 years have elapsed since probation or
any other conditions set by the court have been fulfilled or
expunction has occurred; or
       4. Has been adjudicated mentally defective or has been
committed to a mental institution by a court or as provided in
sub-sub-subparagraph b.(II), and as a result is prohibited by
state or federal law from purchasing a firearm.
       a. As used in this subparagraph, “adjudicated mentally
defective” means a determination by a court that a person, as a
result of marked subnormal intelligence, or mental illness,
incompetency, condition, or disease, is a danger to himself or
herself or to others or lacks the mental capacity to contract or
manage his or her own affairs. The phrase includes a judicial
finding of incapacity under s. 744.331(6)(a), an acquittal by
reason of insanity of a person charged with a criminal offense,
and a judicial finding that a criminal defendant is not
competent to stand trial.
       b. As used in this subparagraph, “committed to a mental
institution” means:
       (I) Involuntary commitment, commitment for mental
defectiveness or mental illness, and commitment for substance
abuse. The phrase includes involuntary inpatient placement under
as defined in s. 394.467, involuntary outpatient placement under
as defined in s. 394.4655, involuntary assessment and
stabilization under s. 397.6818, and involuntary substance abuse
treatment under s. 397.6957, but does not include a person in a
mental institution for observation or discharged from a mental
institution based upon the initial review by the physician or a
voluntary admission to a mental institution; or
       (II) Notwithstanding sub-sub-subparagraph (I), voluntary
admission to a mental institution for outpatient or inpatient
treatment of a person who had an involuntary examination under
s. 394.463, where each of the following conditions have been
met:
       (A) An examining physician found that the person is an
imminent danger to himself or herself or others.
       (B) The examining physician certified that if the person
did not agree to voluntary treatment, a petition for involuntary
outpatient or inpatient treatment would have been filed under s.
394.463(2)(g)4., or the examining physician certified that a
petition was filed and the person subsequently agreed to
voluntary treatment prior to a court hearing on the petition.
       (C) Before agreeing to voluntary treatment, the person
received written notice of that finding and certification, and
written notice that as a result of such finding, he or she may
be prohibited from purchasing a firearm, and may not be eligible
to apply for or retain a concealed weapon or firearms license
under s. 790.06 and the person acknowledged such notice in
writing, in substantially the following form:

“I understand that the doctor who examined me believes I am a
danger to myself or to others. I understand that if I do not
agree to voluntary treatment, a petition will be filed in court
to require me to receive involuntary treatment. I understand
that if that petition is filed, I have the right to contest it.
In the event a petition has been filed, I understand that I can
subsequently agree to voluntary treatment prior to a court
hearing. I understand that by agreeing to voluntary treatment in
either of these situations, I may be prohibited from buying
firearms and from applying for or retaining a concealed weapons
or firearms license until I apply for and receive relief from
that restriction under Florida law.”

       (D) A judge or a magistrate has, pursuant to sub-sub
subparagraph c.(II), reviewed the record of the finding,
certification, notice, and written acknowledgment classifying
the person as an imminent danger to himself or herself or
others, and ordered that such record be submitted to the
department.
       c. In order to check for these conditions, the department
shall compile and maintain an automated database of persons who
are prohibited from purchasing a firearm based on court records
of adjudications of mental defectiveness or commitments to
mental institutions.
       (I) Except as provided in sub-sub-subparagraph (II), clerks
of court shall submit these records to the department within 1
month after the rendition of the adjudication or commitment.
Reports shall be submitted in an automated format. The reports
must, at a minimum, include the name, along with any known alias
or former name, the sex, and the date of birth of the subject.
       (II) For persons committed to a mental institution pursuant
to sub-sub-subparagraph b.(II), within 24 hours after the
person’s agreement to voluntary admission, a record of the
finding, certification, notice, and written acknowledgment must
be filed by the administrator of the receiving or treatment
facility, as defined in s. 394.455, with the clerk of the court
for the county in which the involuntary examination under s.
394.463 occurred. A No fee may not shall be charged for the
filing under this sub-sub-subparagraph. The clerk shall must
present the records to a judge or magistrate within 24 hours
after receipt of the records. A judge or magistrate is required
and has the lawful authority to review the records ex parte and,
if the judge or magistrate determines that the record supports
the classifying of the person as an imminent danger to himself
or herself or others, to order that the record be submitted to
the department. If a judge or magistrate orders the submittal of
the record to the department, the record must be submitted to
the department within 24 hours.
       d. A person who has been adjudicated mentally defective or
committed to a mental institution, as those terms are defined in
this paragraph, may petition the court that made the
adjudication or commitment, or the court that ordered that the
record be submitted to the department pursuant to sub-sub
subparagraph c.(II), for relief from the firearm disabilities
imposed by such adjudication or commitment. A copy of the
petition shall be served on the state attorney for the county in
which the person was adjudicated or committed. The state
attorney may object to and present evidence relevant to the
relief sought by the petition. The hearing on the petition may
be open or closed as the petitioner may choose. The petitioner
may present evidence and subpoena witnesses to appear at the
hearing on the petition. The petitioner may confront and cross
examine witnesses called by the state attorney. A record of the
hearing shall be made by a certified court reporter or by court
approved electronic means. The court shall make written findings
of fact and conclusions of law on the issues before it and issue
a final order. The court shall grant the relief requested in the
petition if the court finds, based on the evidence presented
with respect to the petitioner’s reputation, the petitioner’s
mental health record and, if applicable, criminal history
record, the circumstances surrounding the firearm disability,
and any other evidence in the record, that the petitioner will
not be likely to act in a manner that is dangerous to public
safety and that granting the relief would not be contrary to the
public interest. If the final order denies relief, the
petitioner may not petition again for relief from firearm
disabilities until 1 year after the date of the final order. The
petitioner may seek judicial review of a final order denying
relief in the district court of appeal having jurisdiction over
the court that issued the order. The review shall be conducted
de novo. Relief from a firearm disability granted under this
sub-subparagraph has no effect on the loss of civil rights,
including firearm rights, for any reason other than the
particular adjudication of mental defectiveness or commitment to
a mental institution from which relief is granted.
       e. Upon receipt of proper notice of relief from firearm
disabilities granted under sub-subparagraph d., the department
shall delete any mental health record of the person granted
relief from the automated database of persons who are prohibited
from purchasing a firearm based on court records of
adjudications of mental defectiveness or commitments to mental
institutions.
       f. The department is authorized to disclose data collected
pursuant to this subparagraph to agencies of the Federal
Government and other states for use exclusively in determining
the lawfulness of a firearm sale or transfer. The department is
also authorized to disclose this data to the Department of
Agriculture and Consumer Services for purposes of determining
eligibility for issuance of a concealed weapons or concealed
firearms license and for determining whether a basis exists for
revoking or suspending a previously issued license pursuant to
s. 790.06(10). When a potential buyer or transferee appeals a
nonapproval based on these records, the clerks of court and
mental institutions shall, upon request by the department,
provide information to help determine whether the potential
buyer or transferee is the same person as the subject of the
record. Photographs and any other data that could confirm or
negate identity must be made available to the department for
such purposes, notwithstanding any other provision of state law
to the contrary. Any such information that is made confidential
or exempt from disclosure by law shall retain such confidential
or exempt status when transferred to the department.
       (b) Inform the licensee making the inquiry either that
records demonstrate that the buyer or transferee is so
prohibited and provide the licensee a nonapproval number, or
provide the licensee with a unique approval n