Ch. 790 WEAPONS AND FIREARMS F.S. 2017
(3) EXCEPTIONS.—The provisions of this section
shall not apply to:
(a) Records of firearms that have been used in
committing any crime.
(b) Records relating to any person who has been
convicted of a crime.
(c) Records of firearms that have been reported
stolen that are retained for a period not in excess of 10
days after such firearms are recovered. Official documentation
recording the theft of a recovered weapon
may be maintained no longer than the balance of the
year entered, plus 2 years.
(d) Firearm records that must be retained by firearm
dealers under federal law, including copies of such
records transmitted to law enforcement agencies.
However, no state governmental agency or local
government, special district, or other political subdivision
or official, agent, or employee of such state or other
governmental entity or any other person, private or
public, shall accumulate, compile, computerize, or
otherwise collect or convert such written records into
any form of list, registry, or database for any purpose.
(e)1. Records kept pursuant to the recordkeeping
provisions of s. 790.065; however, nothing in this
section shall be construed to authorize the public
release or inspection of records that are made confidential
and exempt from the provisions of s. 119.07(1)
by s. 790.065(4)(a).
2. Nothing in this paragraph shall be construed to
allow the maintaining of records containing the names of
purchasers or transferees who receive unique approval
numbers or the maintaining of records of firearm
transactions.
(f) Firearm records, including paper pawn transaction
forms and contracts on firearm transactions,
required by chapters 538 and 539.
1. Electronic firearm records held pursuant to
chapter 538 may only be kept by a secondhand dealer
for 30 days after the date of the purchase of the firearm
by the secondhand dealer.
2. Electronic firearm records held pursuant to
chapter 539 may only be kept by a pawnbroker for 30
days after the expiration of the loan that is secured by a
firearm or 30 days after the date of purchase of a
firearm, whichever is applicable.
3. Except as required by federal law, any firearm
records kept pursuant to chapter 538 or chapter 539
shall not, at any time, be electronically transferred to any
public or private entity, agency, business, or enterprise,
nor shall any such records be copied or transferred for
purposes of accumulation of such records into lists,
registries, or databases.
4. Notwithstanding subparagraph 3., secondhand
dealers and pawnbrokers may electronically submit
firearm transaction records to the appropriate law
enforcement agencies as required by chapters 538
and 539; however, the law enforcement agencies may
not electronically submit such records to any other
person or entity and must destroy such records within
60 days after receipt of such records.
5. Notwithstanding subparagraph 3., secondhand
dealers and pawnbrokers may electronically submit
limited firearms records consisting solely of the
manufacturer, model, serial number, and caliber of
pawned or purchased firearms to a third-party private
provider that is exclusively incorporated, exclusively
owned, and exclusively operated in the United States
and that restricts access to such information to only
appropriate law enforcement agencies for legitimate law
enforcement purposes. Such records must be destroyed
within 30 days by the third-party provider. As
a condition of receipt of such records, the third-party
provider must agree in writing to comply with the
requirements of this section. Any pawnbroker or secondhand
dealer who contracts with a third-party provider
other than as provided in this act or electronically
transmits any records of firearms transactions to any
third-party provider other than the records specifically
allowed by this paragraph commits a felony of the
second degree, punishable as provided in s. 775.082 or
s. 775.083.
(g) Records kept by the Department of Law Enforcement
of NCIC transactions to the extent required
by federal law and a log of dates of requests for criminal
history record checks, unique approval and nonapproval
numbers, license identification numbers, and
transaction numbers corresponding to such dates.
(h) Records of an insurer that, as a condition to
providing insurance against theft or loss of a firearm,
identify such firearm. Such records may not be sold,
commingled with records relating to other firearms, or
transferred to any other person or entity. The insurer
may not keep a record of such firearm more than 60
days after the policy of insurance expires or after
notification by the insured that the insured is no longer
the owner of such firearm.
(i) Lists of customers of a firearm dealer retained by
such dealer, provided that such lists do not disclose the
particular firearms purchased. Such lists, or any parts
thereof, may not be sold, commingled with records
relating to other firearms, or transferred to any other
person or entity.
(j) Sales receipts retained by the seller of firearms
or by a person providing credit for such purchase,
provided that such receipts shall not serve as or be used
for the creation of a database for registration of firearms.
(k) Personal records of firearms maintained by the
owner of such firearms.
(l) Records maintained by a business that stores or
acts as the selling agent of firearms on behalf of the
lawful owner of the firearms.
(m) Membership lists of organizations comprised of
firearm owners.
(n) Records maintained by an employer or contracting
entity of the firearms owned by its officers, employees,
or agents, if such firearms are used in the course of
business performed on behalf of the employer.
(o) Records maintained pursuant to s. 790.06 by the
Department of Agriculture and Consumer Services of a
person who was a licensee within the prior 2 years.
(p) Records of firearms involved in criminal investigations,
criminal prosecutions, criminal appeals, and
postconviction motions, civil proceedings relating to the
surrender or seizure of firearms including protective
injunctions, Baker Act commitments, and sheriff’s levies
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