11C-6.004: Updating the rule to reflect the current version of the VECHS Qualified Entity Application form. 11C-6.005: Updating the rule to include email as an option for persons to submit research or statistical requests. 11C-6.009: ....

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Criminal Justice Information Systems

RULE NOS.:RULE TITLES:

11C-6.004Procedures for Requesting Criminal History Records

11C-6.005Access to Criminal Justice Information for Research or Statistical Purposes

11C-6.009Sale and Delivery of Firearms

PURPOSE AND EFFECT: 11C-6.004: Updating the rule to reflect the current version of the VECHS Qualified Entity Application form.

11C-6.005: Updating the rule to include email as an option for persons to submit research or statistical requests.

11C-6.009: Updating the rule to reflect current version of the ATF 4473 form, correcting the revision date of Firearm Appeal form referenced in rule, and updating rule text to reflect current business processes.

SUMMARY: Criminal history records and updates to forms referenced in rule

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 943.03(4), 943.053(1), 943.053(3), 943.0542, 943.056, 943.057, 790.065, FS.

LAW IMPLEMENTED: 943.053(3), 943.0542, 943.056, 119.07, 943.0525, 943.053, 943.057, 790.065, 790.0655. FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Monday, April 22, 2024 at 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Rachel Truxell at 850-410-7100, or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rachel Truxell at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11C-6.004 Procedures for Requesting Criminal History Records.

(1) – (3) No change.

(4) Entities applying to the Florida Department of Law Enforcement to be qualified to receive criminal history records under the National Child Protection Act of 1993, as amended, must first complete and submit the following documents to the Florida Department of Law Enforcement, in accordance with the instructions provided: VECHS Qualified Entity Application – Volunteer & Employee Criminal History System (NCPA 1; Rev. May 2023 October 2022). Entities that are qualified through the Florida Department of Law Enforcement to receive criminal history records under the National Child Protection Act must have their employees, volunteers, contractors, and vendors submit fingerprints electronically for each person to the Florida Department of Law Enforcement for each request for a criminal history record check. An employee means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, this includes, persons who are being paid by the qualified entity as a contractor, a subcontractor, or a business or individual providing services as a vendor, shall qualify as an employee for this purpose. A volunteer shall be defined as any person who, of his or her own free will, provides goods or services, to any qualified entity, with no monetary or material compensation. Qualified entities that release to another qualified entity any criminal history record information received pursuant to the National Child Protection Act must complete and maintain the following document, in accordance with the instructions provided: VECHS Dissemination Log – Volunteer & Employee Criminal History System (NCPA 4, Rev. December 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-15825). These forms are incorporated by reference.

Rulemaking Authority 943.03(4), 943.053(3), 943.0542, 943.056 FS. Law Implemented 943.053(3), 943.0542, 943.056 FS. History–New 12-30-76, Amended 11-7-83, Formerly 11C-6.04, Amended 9-1-88, 4-1-93, 7-7-99, 8-22-00, 7-29-01, 12-3-03, 6-9-08, 6-3-10, 5-21-12, 3-13-13, 5-29-14, 9-4-16, 7-19-17, 8-15-18, 7-6-22, 8-30-23, _________.

 

11C-6.005 Access to Criminal Justice Information for Research or Statistical Purposes.

(1) No change.

(2)(a) All requests shall be made in writing and directed to:

Florida Department of Law Enforcement

Division of Criminal Justice Information Services

Director’s Office

Post Office Box 1489

Tallahassee, Florida 32302-1489

Or shall be submitted electroincally to: [e-mail]

(b) All requests shall contain the name, address, and telephone number of the applicant; a brief summary of the project; the type of criminal justice information desired; and the intended use for the criminal justice information.

(3) – (9) No change.

Rulemaking Authority 943.03(4), 943.053(1), 943.057 FS. Law Implemented 119.07, 943.0525, 943.053, 943.057 FS. History–New 11-12-81, Formerly 11C-6.05, Amended 7-7-99, ____________.

 

11C-6.009 Sale and Delivery of Firearms.

(1) For a federally licensed firearm dealer (including licensed firearm importers, licensed firearm manufacturers and licensed firearm dealers pursuant to Title 27, C.F.R., Part 178) to complete a firearm transaction to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, a United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms (ATF) form ATF F-4473 [5300.9] (August 2023 May 2020) (Firearms Transaction Record) incorporated here by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09688, must be completed. These forms are available from the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153. The completion of the ATF F-4473 [5300.9] (August 2023 May 2020) form must comply with Title 27, C.F.R. Part 178, Section 178.124, and with Section 790.065, F.S.

(2) Section B of the ATF F-4473 [5300.9] (August 2023 May 2020)  form must be completed by the potential buyer or transferee. The dealer must ensure that Section B is completed by the buyer prior to the dealer contacting the Florida Department of Law Enforcement (FDLE). In addition to the above requirements, the social security number of the potential buyer or transferee may be recorded in the Social Security Number block of ATF F-4473 [5300.9] Section B (August 2023 May 2020) form. The dealer is required to advise the potential buyer that the disclosure of his or her social security number is voluntary, of the authority for the disclosure, and of the use to be made of the number.

(3) – (4) No change.

(5) Using the provided toll-free telephone number or by other electronic means in addition to the telephone, the dealer must contact FDLE immediately prior to each transaction involving the transfer of one or more firearms to obtain an approval number to complete the firearm transaction. The dealer will provide the dealer’s identification number and all identification data of the potential buyer/transferee as contained on ATF form F-4473 [5300.9] Section B (August 2023 May 2020) to FDLE.

(6) Based on the status of the criminal history record, FDLE will provide an approval or non-approval number to the dealer during the call when possible or by return call or within the specified time frame as contained in Sections 790.065 and 790.0655, F.S. Unless compliance with the requirements of this section is excused as provided in Section 790.065(10), F.S., if the dealer has not received an approval or non-approval number from FDLE within the time frame specified, the dealer must contact FDLE to inquire about the status of the request for approval, prior to completing the transaction. The approval number is valid for a single transaction and for a period not to exceed thirty calendar days after receipt of the number. Multiple firearms may be transferred in this transaction.

(7) The dealer will record the decision and number provided by FDLE in the NICS or State transaction number block and in the box in the top right corner labeled, Transferor’s/Seller’s Transaction Serial Number of ATF form F-4473 (5300.9) Section C (August 2023 May 2020). When the transaction is approved, the dealer should complete Section C B of the ATF form F-4473.

(8) To any potential buyer or transferee intending to formally appeal a non-approval decision, the dealer will provide a Firearm Purchase Program Non-Approval Appeal Form (form number FDLE 40-020, Rev.July August 2019), incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11933, and on file with Secretary of State, that must be completed by the dealer and the potential buyer or transferee. The potential buyer or transferee must take the form to a law enforcement agency, be fingerprinted there, and return the Firearm Purchase Program Non-Approval Appeal form and fingerprints to FDLE within 60 calendar days. Using the procedures as described in Chapter 11C-8, F.A.C., FDLE will process the formal appeal request. A copy supply of the appeal forms can be found on the FDLE website at https://www.fdle.state.fl.us/FPP/Documents/Appeal-Form.aspx  or will be provided by FDLE to dealers upon request. Such requests should be directed to:

Florida Department of Law Enforcement

Firearm Eligibility Bureau Purchase Program

Post Office Box 1489

Tallahassee, Florida 32302-1489

Telephone Number: [phone]

Email: [e-mail]

As an alternative to this procedure, if the non-approval is based on an erroneous record provided by the FBI, the potential buyer or transferee may at any time appeal his non-approval directly to the FBI, as authorized by Title 28, C.F.R., Section 25.10.

(9) – (12) No change.

(13) All records where the transfer was approved must be maintained by dealers for 20 years as required by Title 27, C.F.R., Part 178. All records where the transfer was non-approved must be kept by dealers in a secure area and kept confidential for five (5) years. This would include the dealers’s copy of the ATF Form F-4473 [5300.9] (August 2023 May 2020) where the transfer of a firearm was non-approved. Records must be made available to federal, state, county and municipal law enforcement agencies in connection with their official duties upon request during business hours or other reasonable times if the dealer has no regular business hours.

(14) – (19) No change.

(20) Any questions regarding these procedures for the sale and delivery of firearms or appeal of non-approval should be directed to:

Florida Department of Law Enforcement

Firearm Eligibility Bureau Purchase Program

Post Office Box 1489

Tallahassee, Florida 32302-1489

Telephone Number: [phone]

Email: [e-mail]

Rulemaking Authority 790.065, 943.03(4) FS. Law Implemented 790.065, 790.0655 FS., Title 18, U.S.C., Chapter 44, and Title 27, C.F.R., Part 178. History–New 6-2-91, Amended 7-7-99, 8-22-00, 12-18-00, 11-5-02, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 5-5-20, 8-30-23, ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Director Lucy Saunders

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 26, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2023