F.S. 2017 WEAPONS AND FIREARMS Ch. 790
pursuant to court judgments, and voluntary surrender by
the owner or custodian of the firearm.
(q) Paper documents relating to firearms involved in
criminal cases, criminal investigations, and criminal
prosecutions, civil proceedings relating to the surrender
or seizure of firearms including protective injunctions,
Baker Act commitments, and sheriff’s levies pursuant to
court judgments, and voluntary surrender by the owner
or custodian of the firearm.
(r) Noncriminal records relating to the receipt,
storage or return of firearms, including, but not limited
to, records relating to firearms impounded for storage or
safekeeping, receipts proving that a firearm was returned
to the rightful owner and supporting records of
identification and proof of ownership, or records relating
to firearms impounded pursuant to levies or court
orders, provided, however, that such records shall not
be compiled, sorted, or otherwise arranged into any
lists, indexes, or registries of firearms or firearms
owners.
(4) PENALTIES.—
(a) Any person who, or entity that, violates a
provision of this section commits a felony of the third
degree, punishable as provided in s. 775.082 or s.
775.083.
(b) Except as required by the provisions of s. 16,
Art. I of the State Constitution or the Sixth Amendment
to the United States Constitution, no public funds shall
be used to defend the unlawful conduct of any person
charged with a violation of this section, unless the
charges against such person are dismissed or such
person is determined to be not guilty at trial. Notwithstanding
this paragraph, public funds may be expended
to provide the services of the office of public defender or
court-appointed conflict counsel as provided by law.
(c) The governmental entity, or the designee of
such governmental entity, in whose service or employ a
list, record, or registry was compiled in violation of this
section may be assessed a fine of not more than $5
million, if the court determines that the evidence shows
that the list, record, or registry was compiled or
maintained with the knowledge or complicity of the
management of the governmental entity. The Attorney
General may bring a civil cause of action to enforce the
fines assessed under this paragraph.
(d) The state attorney in the appropriate jurisdiction
shall investigate complaints of criminal violations of this
section and, where evidence indicates a violation may
have occurred, shall prosecute violators.
(5) ELECTRONIC RECORDS.—Secondhand dealers
and pawnbrokers who electronically submit firearms
transaction records to the appropriate law enforcement
agencies as required by chapters 538 and 539 shall
submit the name of the manufacturer and caliber
information of each firearm in Florida Crime Information
Center coding, and shall include the model and serial
number of each firearm.
(6) CONSTRUCTION.—This section shall be construed
to effectuate its remedial and deterrent purposes.
This section may not be construed to grant any
substantive, procedural privacy right or civil claim to
any criminal defendant, and a violation of this section
may not be grounds for the suppression of evidence in
any criminal case.
History.—s. 1, ch. 2004-59; s. 9, ch. 2006-201; s. 1, ch. 2009-229.
790.336 Lists, records, or registries to be destroyed.—
Any list, record, or registry maintained or
under construction on the effective date of this act shall
be destroyed, unless prohibited by law, within 60
calendar days after this act becomes law. Thereafter,
failure to destroy any such list, record, or registry may
result in prosecution under this act.
History.—s. 2, ch. 2004-59.
790.338 Medical privacy concerning firearms;
prohibitions; penalties; exceptions.—
(1) A health care practitioner licensed under chapter
456 or a health care facility licensed under chapter 395
may not intentionally enter any disclosed information
concerning firearm ownership into the patient’s medical
record if the practitioner knows that such information is
not relevant to the patient’s medical care or safety, or
the safety of others.
(2) A health care practitioner licensed under chapter
456 or a health care facility licensed under chapter 395
shall respect a patient’s right to privacy and should
refrain from making a written inquiry or asking questions
concerning the ownership of a firearm or ammunition by
the patient or by a family member of the patient, or the
presence of a firearm in a private home or other domicile
of the patient or a family member of the patient.
Notwithstanding this provision, a health care practitioner
or health care facility that in good faith believes that this
information is relevant to the patient’s medical care or
safety, or the safety of others, may make such a verbal
or written inquiry.
(3) Any emergency medical technician or paramedic
acting under the supervision of an emergency
medical services medical director under chapter 401
may make an inquiry concerning the possession or
presence of a firearm if he or she, in good faith, believes
that information regarding the possession of a firearm
by the patient or the presence of a firearm in the home or
domicile of a patient or a patient’s family member is
necessary to treat a patient during the course and scope
of a medical emergency or that the presence or
possession of a firearm would pose an imminent danger
or threat to the patient or others.
(4) A patient may decline to answer or provide any
information regarding ownership of a firearm by the
patient or a family member of the patient, or the
presence of a firearm in the domicile of the patient or
a family member of the patient. A patient’s decision not
to answer a question relating to the presence or
ownership of a firearm does not alter existing law
regarding a physician’s authorization to choose his or
her patients.
(5) A health care practitioner licensed under chapter
456 or a health care facility licensed under chapter 395
may not discriminate against a patient based solely
upon the patient’s exercise of the constitutional right to
own and possess firearms or ammunition.
(6) A health care practitioner licensed under chapter
456 or a health care facility licensed under chapter 395
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