F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 25 2021
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; conforming
6 provisions to changes made by the act; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. This act may be cited as "Jaime's Law."
12 Section 2. Subsections (1), (2), and (3), paragraphs (b),
13 (c), and (d) of subsection (4), and subsections (6), (11), and
14 (12) of section 790.065, Florida Statutes, are amended, and
15 subsections (8), (10), and (14) of that section are republished,
16 to read:
17 790.065 Sale and delivery of firearms and ammunition.—
18 (1)(a) A licensed importer, licensed manufacturer, or
19 licensed dealer may not sell or deliver from her or his
20 inventory at her or his licensed premises any firearm or
21 ammunition to another person, other than a licensed importer,
22 licensed manufacturer, licensed dealer, or licensed collector,
23 until she or he has:
24 1. Obtained a completed form from the potential buyer or
25 transferee, which form shall have been promulgated by the
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26 Department of Law Enforcement and provided by the licensed
27 importer, licensed manufacturer, or licensed dealer, which shall
28 include the name, date of birth, gender, race, and social
29 security number or other identification number of such potential
30 buyer or transferee and has inspected proper identification
31 including an identification containing a photograph of the
32 potential buyer or transferee.
33 2. Collected a fee from the potential buyer for processing
34 the criminal history check of the potential buyer. The fee shall
35 be established by the Department of Law Enforcement and may not
36 exceed $8 per transaction. The Department of Law Enforcement may
37 reduce, or suspend collection of, the fee to reflect payment
38 received from the Federal Government applied to the cost of
39 maintaining the criminal history check system established by
40 this section as a means of facilitating or supplementing the
41 National Instant Criminal Background Check System. The
42 Department of Law Enforcement shall, by rule, establish
43 procedures for the fees to be transmitted by the licensee to the
44 Department of Law Enforcement. Such procedures must provide that
45 fees may be paid or transmitted by electronic means, including,
46 but not limited to, debit cards, credit cards, or electronic
47 funds transfers. All such fees shall be deposited into the
48 Department of Law Enforcement Operating Trust Fund, but shall be
49 segregated from all other funds deposited into such trust fund
50 and must be accounted for separately. Such segregated funds must
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51 not be used for any purpose other than the operation of the
52 criminal history checks required by this section. The Department
53 of Law Enforcement, each year before February 1, shall make a
54 full accounting of all receipts and expenditures of such funds
55 to the President of the Senate, the Speaker of the House of
56 Representatives, the majority and minority leaders of each house
57 of the Legislature, and the chairs of the appropriations
58 committees of each house of the Legislature. In the event that
59 the cumulative amount of funds collected exceeds the cumulative
60 amount of expenditures by more than $2.5 million, excess funds
61 may be used for the purpose of purchasing soft body armor for
62 law enforcement officers.
63 3. Requested, by means of a toll-free telephone call or
64 other electronic means, the Department of Law Enforcement to
65 conduct a check of the information as reported and reflected in
66 the Florida Crime Information Center and National Crime
67 Information Center systems as of the date of the request.
68 4. Received a unique approval number for that inquiry from
69 the Department of Law Enforcement, and recorded the date and
70 such number on the consent form.
71 (b) However, if the person purchasing, or receiving
72 delivery of, the firearm or ammunition is a holder of a valid
73 concealed weapons or firearms license pursuant to the provisions
74 of s. 790.06 or holds an active certification from the Criminal
75 Justice Standards and Training Commission as a "law enforcement
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76 officer," a "correctional officer," or a "correctional probation
77 officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
78 (9), this subsection does not apply.
79 (c) This subsection does not apply to the purchase, trade,
80 or transfer of a rifle or shotgun or rifle or shotgun ammunition
81 by a resident of this state when the resident makes such
82 purchase, trade, or transfer from a licensed importer, licensed
83 manufacturer, or licensed dealer in another state.
84 (d) This subsection does not apply to a transfer of
85 ammunition if the transferor has no reason to believe that the
86 transferee will use or intends to use the ammunition in a crime
87 or that the transferee is prohibited from possessing ammunition
88 under state or federal law, and the transfer takes place and the
89 transferee's possession of the ammunition is exclusively:
90 1. At a shooting range or in a shooting gallery or other
91 area designated for the purpose of target shooting; or
92 2. While reasonably necessary for the purposes of hunting,
93 trapping, or fishing, if the transferor:
94 a. Has no reason to believe that the transferee intends to
95 use the ammunition in a place where it is illegal; and
96 b. Has reason to believe that the transferee will comply
97 with all licensing and permit requirements for such hunting,
98 trapping, or fishing; or
99 c. Is the presence of the transferee.
100 (2) Upon receipt of a request for a criminal history
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101 record check, the Department of Law Enforcement shall, during
102 the licensee's call or by return call, forthwith:
103 (a) Review any records available to determine if the
104 potential buyer or transferee:
105 1. Has been convicted of a felony and is prohibited from
106 receipt or possession of a firearm or ammunition pursuant to s.
107 790.23;
108 2. Has been convicted of a misdemeanor crime of domestic
109 violence, and therefore is prohibited from purchasing a firearm
110 or ammunition;
111 3. Has had adjudication of guilt withheld or imposition of
112 sentence suspended on any felony or misdemeanor crime of
113 domestic violence unless 3 years have elapsed since probation or
114 any other conditions set by the court have been fulfilled or
115 expunction has occurred; or
116 4. Has been adjudicated mentally defective or has been
117 committed to a mental institution by a court or as provided in
118 sub-sub-subparagraph b.(II), and as a result is prohibited by
119 state or federal law from purchasing a firearm.
120 a. As used in this subparagraph, "adjudicated mentally
121 defective" means a determination by a court that a person, as a
122 result of marked subnormal intelligence, or mental illness,
123 incompetency, condition, or disease, is a danger to himself or
124 herself or to others or lacks the mental capacity to contract or
125 manage his or her own affairs. The phrase includes a judicial
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126 finding of incapacity under s. 744.331(6)(a), an acquittal by
127 reason of insanity of a person charged with a criminal offense,
128 and a judicial finding that a criminal defendant is not
129 competent to stand trial.
130 b. As used in this subparagraph, "committed to a mental
131 institution" means:
132 (I) Involuntary commitment, commitment for mental
133 defectiveness or mental illness, and commitment for substance
134 abuse. The phrase includes involuntary inpatient placement under
135 as defined in s. 394.467, involuntary outpatient placement under
136 as defined in s. 394.4655, involuntary assessment and
137 stabilization under s. 397.6818, and involuntary substance abuse
138 treatment under s. 397.6957, but does not include a person in a
139 mental institution for observation or discharged from a mental
140 institution based upon the initial review by the physician or a
141 voluntary admission to a mental institution; or
142 (II) Notwithstanding sub-sub-subparagraph (I), voluntary
143 admission to a mental institution for outpatient or inpatient
144 treatment of a person who had an involuntary examination under
145 s. 394.463, where each of the following conditions have been
146 met:
147 (A) An examining physician found that the person is an
148 imminent danger to himself or herself or others.
149 (B) The examining physician certified that if the person
150 did not agree to voluntary treatment, a petition for involuntary
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151 outpatient or inpatient treatment would have been filed under s.
152 394.463(2)(g)4., or the examining physician certified that a
153 petition was filed and the person subsequently agreed to
154 voluntary treatment prior to a court hearing on the petition.
155 (C) Before agreeing to voluntary treatment, the person
156 received written notice of that finding and certification, and
157 written notice that as a result of such finding, he or she may
158 be prohibited from purchasing a firearm, and may not be eligible
159 to apply for or retain a concealed weapon or firearms license
160 under s. 790.06 and the person acknowledged such notice in
161 writing, in substantially the following form:
162 "I understand that the doctor who examined me believes I am a
163 danger to myself or to others. I understand that if I do not
164 agree to voluntary treatment, a petition will be filed in court
165 to require me to receive involuntary treatment. I understand
166 that if that petition is filed, I have the right to contest it.
167 In the event a petition has been filed, I understand that I can
168 subsequently agree to voluntary treatment prior to a court
169 hearing. I understand that by agreeing to voluntary treatment in
170 either of these situations, I may be prohibited from buying
171 firearms and from applying for or retaining a concealed weapons
172 or firearms license until I apply for and receive relief from
173 that restriction under Florida law."
174 (D) A judge or a magistrate has, pursuant to sub-sub-
175 subparagraph c.(II), reviewed the record of the finding,
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176 certification, notice, and written acknowledgment classifying
177 the person as an imminent danger to himself or herself or
178 others, and ordered that such record be submitted to the
179 department.
180 c. In order to check for these conditions, the department
181 shall compile and maintain an automated database of persons who
182 are prohibited from purchasing a firearm based on court records
183 of adjudications of mental defectiveness or commitments to
184 mental institutions.
185 (I) Except as provided in sub-sub-subparagraph (II),
186 clerks of court shall submit these records to the department
187 within 1 month after the rendition of the adjudication or
188 commitment. Reports shall be submitted in an automated format.
189 The reports must, at a minimum, include the name, along with any
190 known alias or former name, the sex, and the date of birth of
191 the subject.
192 (II) For persons committed to a mental institution
193 pursuant to sub-sub-subparagraph b.(II), within 24 hours after
194 the person's agreement to voluntary admission, a record of the
195 finding, certification, notice, and written acknowledgment must
196 be filed by the administrator of the receiving or treatment
197 facility, as defined in s. 394.455, with the clerk of the court
198 for the county in which the involuntary examination under s.
199 394.463 occurred. No fee shall be charged for the filing under
200 this sub-sub-subparagraph. The clerk must present the records to
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201 a judge or magistrate within 24 hours after receipt of the
202 records. A judge or magistrate is required and has the lawful
203 authority to review the records ex parte and, if the judge or
204 magistrate determines that the record supports the classifying
205 of the person as an imminent danger to himself or herself or
206 others, to order that the record be submitted to the department.
207 If a judge or magistrate orders the submittal of the record to
208 the department, the record must be submitted to the department
209 within 24 hours.
210 d. A person who has been adjudicated mentally defective or
211 committed to a mental institution, as those terms are defined in
212 this paragraph, may petition the court that made the
213