F.S. 2017 WEAPONS AND FIREARMS Ch. 790
5. If the potential buyer is not so prohibited, or if the
department cannot determine the disposition information
within the allotted time period, the department shall
provide the licensee with a conditional approval number.
6. If the buyer is so prohibited, the conditional
nonapproval number shall become a nonapproval
number.
7. The department shall continue its attempts to
obtain the disposition information and may retain a
record of all approval numbers granted without sufficient
disposition information. If the department later obtains
disposition information which indicates:
a. That the potential buyer is not prohibited from
owning a firearm, it shall treat the record of the
transaction in accordance with this section; or
b. That the potential buyer is prohibited from owning
a firearm, it shall immediately revoke the conditional
approval number and notify local law enforcement.
8. During the time that disposition of the indictment,
information, or arrest is pending and until the department
is notified by the potential buyer that there has
been a final disposition of the indictment, information, or
arrest, the conditional nonapproval number shall remain
in effect.
(3) In the event of scheduled computer downtime,
electronic failure, or similar emergency beyond the
control of the Department of Law Enforcement, the
department shall immediately notify the licensee of the
reason for, and estimated length of, such delay. After
such notification, the department shall forthwith, and in
no event later than the end of the next business day of
the licensee, either inform the requesting licensee if its
records demonstrate that the buyer or transferee is
prohibited from receipt or possession of a firearm
pursuant to Florida and Federal law or provide the
licensee with a unique approval number. Unless notified
by the end of said next business day that the buyer or
transferee is so prohibited, and without regard to
whether she or he has received a unique approval
number, the licensee may complete the sale or transfer
and shall not be deemed in violation of this section with
respect to such sale or transfer.
(4)(a) Any records containing any of the information
set forth in subsection (1) pertaining to a buyer or
transferee who is not found to be prohibited from receipt
or transfer of a firearm by reason of Florida and federal
law which records are created by the Department of Law
Enforcement to conduct the criminal history record
check shall be confidential and exempt from the
provisions of s. 119.07(1) and may not be disclosed
by the Department of Law Enforcement or any officer or
employee thereof to any person or to another agency.
The Department of Law Enforcement shall destroy any
such records forthwith after it communicates the
approval and nonapproval numbers to the licensee
and, in any event, such records shall be destroyed
within 48 hours after the day of the response to the
licensee’s request.
(b) Notwithstanding the provisions of this subsection,
the Department of Law Enforcement may maintain
records of NCIC transactions to the extent required by
the Federal Government, and may maintain a log of
dates of requests for criminal history records checks,
unique approval and nonapproval numbers, license
identification numbers, and transaction numbers corresponding
to such dates for a period of not longer than 2
years or as otherwise required by law.
(c) Nothing in this chapter shall be construed to
allow the State of Florida to maintain records containing
the names of purchasers or transferees who receive
unique approval numbers or to maintain records of
firearm transactions.
(d) Any officer or employee, or former officer or
employee of the Department of Law Enforcement or law
enforcement agency who intentionally and maliciously
violates the provisions of this subsection commits a
felony of the third degree punishable as provided in s.
775.082 or s. 775.083.
(5) The Department of Law Enforcement shall
establish a toll-free telephone number which shall be
operational 7 days a week with the exception of
Christmas Day and New Year’s Day, for a period of
12 hours a day beginning at 9 a.m. and ending at 9 p.m.,
for purposes of responding to inquiries as described in
this section from licensed manufacturers, licensed
importers, and licensed dealers. The Department of
Law Enforcement shall employ and train such personnel
as are necessary expeditiously to administer the provisions
of this section.
(6) Any person who is denied the right to receive or
purchase a firearm as a result of the procedures
established by this section may request a criminal
history records review and correction in accordance
with the rules promulgated by the Department of Law
Enforcement.
(7) It shall be unlawful for any licensed dealer,
licensed manufacturer, or licensed importer willfully
and intentionally to request criminal history record
information under false pretenses, or willfully and
intentionally to disseminate criminal history record
information to any person other than the subject of
such information. Any person convicted of a violation of
this subsection commits a felony of the third degree
punishable as provided in s. 775.082 or s. 775.083.
(8) The Department of Law Enforcement shall
promulgate regulations to ensure the identity, confidentiality,
and security of all records and data provided
pursuant to this section.
(9) This section shall become effective at such time
as the Department of Law Enforcement has notified all
licensed importers, licensed manufacturers, and licensed
dealers in writing that the procedures and tollfree
number described in this section are operational.
This section shall remain in effect only during such times
as the procedures described in subsection (2) remain
operational.
(10) A licensed importer, licensed manufacturer, or
licensed dealer is not required to comply with the
requirements of this section in the event of:
(a) Unavailability of telephone service at the licensed
premises due to the failure of the entity which
provides telephone service in the state, region, or other
geographical area in which the licensee is located to
provide telephone service to the premises of the
licensee due to the location of said premises; or the
interruption of telephone service by reason of hurricane,
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