Florida SB 258: Public Records/Sale or Transfer of Ammunition

Bill Text

Florida Senate - 2025 SB 258 
 
 
  
By Senator Polsky 
 
 
 
 
 
30-00370-25 2025258__ 
 Page 1 of 3  
CODING: Words stricken are deletions; words underlined are additions. 
A bill to be entitled 1 
An act relating to public records; amending s. 2 
790.065, F.S.; providing an exemption from public 3 
records requirements for records containing certain 4 
information pertaining to a buyer or transferee who is 5 
not found to be prohibited from receipt or transfer of 6 
ammunition; providing for future legislative review 7 
and repeal of the exemption; providing for the 8 
reversion of specified statutory text unless certain 9 
conditions are met; providing a statement of public 10 
necessity; providing a contingent effective date. 11 
  12 
Be It Enacted by the Legislature of the State of Florida: 13 
 14 
Section 1. Paragraph (a) of subsection (4) of section 15 
790.065, Florida Statutes, is amended to read: 16 
790.065 Sale and delivery of firearms and ammunition.— 17 
(4)(a) Any records containing any of the information set 18 
forth in subsection (1) pertaining to a buyer or transferee who 19 
is not found to be prohibited from receipt or transfer of a 20 
firearm or ammunition by reason of Florida and federal law, 21 
which records are created by the Department of Law Enforcement 22 
to conduct the criminal history record check, are shall be 23 
confidential and exempt from the provisions of s. 119.07(1) and 24 
s. 24(a), Art. I of the State Constitution and may not be 25 
disclosed by the Department of Law Enforcement or any officer or 26 
employee thereof to any person or to another agency. The 27 
Department of Law Enforcement shall destroy any such records 28 
forthwith after it communicates the approval and nonapproval 29 

Florida Senate - 2025 SB 258 
 
 
  
 
 
 
 
 
 
30-00370-25 2025258__ 
 Page 2 of 3  
CODING: Words stricken are deletions; words underlined are additions. 
numbers to the licensee and, in any event, such records shall be 30 
destroyed within 48 hours after the day of the response to the 31 
licensee’s request. 32 
Section 2. The amendments to s. 790.065(4)(a), Florida 33 
Statutes, made by this act are subject to the Open Government 34 
Sunset Review Act in accordance with s. 119.15, Florida 35 
Statutes, and to s. 24(a), Article I of the State Constitution 36 
and shall stand repealed on October 2, 2030, and the text of s. 37 
790.065(4)(a), Florida Statutes, shall revert to that in 38 
existence on September 30, 2025, except that any amendments to 39 
such text enacted other than by this act shall be preserved and 40 
continue to operate to the extent that such amendments are not 41 
dependent upon the portions of text which expire pursuant to 42 
this section, unless reviewed and saved from repeal through 43 
reenactment by the Legislature. 44 
Section 3. The Legislature finds that it is a public 45 
necessity that the information pertaining to an individual who 46 
is a buyer or transferee who is not found to be prohibited from 47 
receipt or transfer of ammunition under s. 790.065, Florida 48 
Statutes, be made confidential and exempt from public records 49 
requirements under s. 119.07(1), Florida Statutes, and s. 24(a), 50 
Article I of the State Constitution. The knowledge that someone 51 
has purchased ammunition can easily lead to the conclusion that 52 
the applicant or licensee has, in fact, armed himself or 53 
herself. The Legislature has found in prior legislative sessions 54 
and has expressed in s. 790.335(1)(a)3., Florida Statutes, that 55 
a list, record, or registry of legally owned firearms or law-56 
abiding firearm owners is “an instrument that can be used as a 57 
means to profile innocent citizens and to harass and abuse 58 

Florida Senate - 2025 SB 258 
 
 
  
 
 
 
 
 
 
30-00370-25 2025258__ 
 Page 3 of 3  
CODING: Words stricken are deletions; words underlined are additions. 
American citizens based solely on their choice to own firearms 59 
and exercise their Second Amendment right to keep and bear arms 60 
as guaranteed under the United States Constitution.” Release of 61 
personal identifying information of an individual who has 62 
purchased ammunition could be used to harass an innocent person 63 
based solely on that person’s exercised right to own a firearm. 64 
Therefore, the Legislature finds that such information must be 65 
held confidential and exempt from public records requirements. 66 
Section 4. This act shall take effect on the same date that 67 
SB 256 or similar legislation takes effect, if such legislation 68 
is adopted in the same legislative session or an extension 69 
thereof and becomes a law. 70