Ch. 790 WEAPONS AND FIREARMS F.S. 2017
(2) The department, at its discretion, may appoint
tax collectors, as defined in s. 1(d) of Art. VIII of the
State Constitution, to accept applications on behalf of
the division for concealed weapon or firearm licenses.
Such appointment shall be for specified locations that
will best serve the public interest and convenience in
applying for these licenses.
(3) A tax collector seeking to be appointed to accept
applications for new or renewal concealed weapon or
firearm licenses must submit a written request to the
division stating his or her name, address, telephone
number, each location within the county at which the tax
collector wishes to accept applications, and other
information as required by the division.
(a) Upon receipt of a written request, the division
shall review it and at its discretion may decline to enter
into a memorandum of understanding or, if approved,
enter into a memorandum of understanding with the tax
collector to accept applications for new or renewal
concealed weapon or firearm licenses on behalf of the
department.
(b) The department or the division may rescind a
memorandum of understanding for any reason at any
time.
(4) All personal identifying information that is provided
pursuant to s. 790.06 and contained in the records
of a tax collector appointed under this section is
confidential and exempt as provided in s. 790.0601.
(5) A tax collector appointed under this section may
collect and retain a convenience fee of $22 for each new
application and $12 for each renewal application and
shall remit weekly to the department the license fees
pursuant to s. 790.06 for deposit in the Division of
Licensing Trust Fund.
(6)(a) A tax collector appointed under this section
may not maintain a list or record of persons who apply
for or are granted a new or renewal license to carry a
concealed weapon or firearm. A violation of this
paragraph is subject to s. 790.335.
(b) A person may not handle an application for a
concealed weapon or firearm for a fee or compensation
of any kind unless he or she has been appointed by the
department to do so.
(7) A person who willfully violates this section
commits a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
(8) Upon receipt of a completed renewal application,
a new color photograph, and appropriate payment
of fees, a tax collector authorized to accept renewal
applications for concealed weapon or firearm licenses
under this section may, upon approval and confirmation
of license issuance by the department, print and deliver
a concealed weapon or firearm license to a licensee
renewing his or her license at the tax collector’s office.
History.—s. 2, ch. 2014-205; s. 41, ch. 2016-166.
1790.065 Sale and delivery of firearms.—
(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 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
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.
22. 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. 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, each year prior to
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, 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 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 by a resident of this
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