Florida HB 41: Litigation Financing Consumer Protection
Status: Withdrawn prior to introduction (as of 2022-01-10)
State: Florida · Session: 2022 · Bill: HB 41
Subjects: regulation of trade, commerce, investments, and
Sponsors: Overdorf, Benjamin
Bill Text
HB 41 2026 CODING: Words stricken are deletions; words underlined are additions. hb41-00 Page 1 of 18 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 A bill to be entitled 1 An act relating to sales of ammunition; providing a 2 short title; amending s. 790.065, F.S.; requiring 3 background checks for the sale or transfer of 4 ammunition; providing exceptions; providing an 5 effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. This act may be cited as "Jaime's Law." 10 Section 2. Subsections (1), (2), and (3), paragraphs (b), 11 (c), and (d) of subsection (4), and subsections (6), (11), and 12 (12) of section 790.065, Florida Statutes, are amended, and 13 subsections (8), (10), and (14) of that section are republished, 14 to read: 15 790.065 Sale and delivery of firearms and ammunition.— 16 (1)(a) A licensed importer, licensed manufacturer, or 17 licensed dealer may not sell or deliver from her or his 18 inventory at her or his licensed premises any firearm or 19 ammunition to another person, other than a licensed importer, 20 licensed manufacturer, licensed dealer, or licensed collector, 21 until she or he has: 22 1. Obtained a completed form from the potential buyer or 23 transferee, which form shall have been promulgated by the 24 Department of Law Enforcement and provided by the licensed 25 HB 41 2026 CODING: Words stricken are deletions; words underlined are additions. hb41-00 Page 2 of 18 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 importer, licensed manufacturer, or licensed dealer, which shall 26 include the name, date of birth, gender, race, and social 27 security number or other identification number of such potential 28 buyer or transferee and has inspected proper identification 29 including an identification containing a photograph of the 30 potential buyer or transferee. 31 2. Collected a fee from the potential buyer for processing 32 the criminal history check of the potential buyer. The fee shall 33 be established by the Department of Law Enforcement and may not 34 exceed $8 per transaction. The Department of Law Enforcement may 35 reduce, or suspend collection of, the fee to reflect payment 36 received from the Federal Government applied to the cost of 37 maintaining the criminal history check system established by 38 this section as a means of facilitating or supplementing the 39 National Instant Criminal Background Check System. The 40 Department of Law Enforcement shall, by rule, establish 41 procedures for the fees to be transmitted by the licensee to the 42 Department of Law Enforcement. Such procedures must provide that 43 fees may be paid or transmitted by electronic means, including, 44 but not limited to, debit cards, credit cards, or electronic 45 funds transfers. All such fees shall be deposited into the 46 Department of Law Enforcement Operating Trust Fund, but shall be 47 segregated from all other funds deposited into such trust fund 48 and must be accounted for separately. Such segregated funds must 49 not be used for any purpose other than the operation of the 50 HB 41 2026 CODING: Words stricken are deletions; words underlined are additions. hb41-00 Page 3 of 18 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 criminal history checks required by this section. The Department 51 of Law Enforcement, each year before February 1, shall make a 52 full accounting of all receipts and expenditures of such funds 53 to the President of the Senate, the Speaker of the House of 54 Representatives, the majority and minority leaders of each house 55 of the Legislature, and the chairs of the appropriations 56 committees of each house of the Legislature. In the event that 57 the cumulative amount of funds collected exceeds the cumulative 58 amount of expenditures by more than $2.5 million, excess funds 59 may be used for the purpose of purchasing soft body armor for 60 law enforcement officers. 61 3. Requested, by means of a toll-free telephone call or 62 other electronic means, the Department of Law Enforcement to 63 conduct a check of the information as reported and reflected in 64 the Florida Crime Information Center and National Crime 65 Information Center systems as of the date of the request. 66 4. Received a unique approval number for that inquiry from 67 the Department of Law Enforcement, and recorded the date and 68 such number on the consent form. 69 (b) However, if the person purchasing, or receiving 70 delivery of, the firearm or ammunition is a holder of a valid 71 concealed weapons or firearms license pursuant to the provisions 72 of s. 790.06 or holds an active certification from the Criminal 73 Justice Standards and Training Commission as a "law enforcement 74 officer," a "correctional officer," or a "correctional probation 75 HB 41 2026 CODING: Words stricken are deletions; words underlined are additions. hb41-00 Page 4 of 18 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 officer" as
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