Read the full stored bill text
Florida Senate
-
2026
SB 90
By
Senator Polsky
30-00109-26 202690__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 790.065, F.S.; providing an exemption from public
4 records requirements for records containing certain
5 information pertaining to a buyer or transferee who is
6 not found to be prohibited from receipt or transfer of
7 ammunition; providing for future legislative review
8 and repeal of the exemption; providing for the
9 reversion of specified statutory text unless certain
10 conditions are met; providing a statement of public
11 necessity; providing a contingent effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (a) of subsection (4) of section
16 790.065, Florida Statutes, as amended by SB 88, 2026 Regular
17 Session, is amended to read:
18 790.065 Sale and delivery of firearms and ammunition.—
19 (4)(a) Any records containing any of the information set
20 forth in subsection (1) pertaining to a buyer or transferee who
21 is not found to be prohibited from receipt or transfer of a
22 firearm
or ammunition
by reason of Florida and federal law
,
23 which records are created by the Department of Law Enforcement
24 to conduct the criminal history record check
, are
shall be
25 confidential and exempt from
the provisions of
s. 119.07(1)
and
26
s. 24(a), Art. I of the State Constitution
and may not be
27 disclosed by the Department of Law Enforcement or any officer or
28 employee thereof to any person or to another agency. The
29 Department of Law Enforcement shall destroy any such records
30 forthwith after it communicates the approval and nonapproval
31 numbers to the licensee and, in any event, such records shall be
32 destroyed within 48 hours after the day of the response to the
33 licensee’s request.
34 Section 2.
The amendments to s. 790.065(4)(a), Florida
35
Statutes, made by this act are subject to the Open Government
36
Sunset Review Act in accordance with s. 119.15, Florida
37
Statutes, and to s. 24(a), Article I of the State Constitution
38
and shall stand repealed on October 2, 2031, and the text of s.
39
790.065(4)(a), Florida Statutes, shall revert to that in
40
existence on September 30, 2026, except that any amendments to
41
such text enacted other than by this act shall be preserved and
42
continue to operate to the extent that such amendments are not
43
dependent upon the portions of text which expire pursuant to
44
this section, unless reviewed and saved from repeal through
45
reenactment by the Legislature.
46 Section 3.
The Legislature finds that it is a public
47
necessity that the information pertaining to an individual who
48
is a buyer or transferee who is not found to be prohibited from
49
receipt or transfer of ammunition under s. 790.065, Florida
50
Statutes, be made confidential and exempt from public records
51
requirements under s. 119.07(1), Florida Statutes, and s. 24(a),
52
Article I of the State Constitution. The knowledge that someone
53
has purchased ammunition can easily lead to the conclusion that
54
the applicant or licensee has, in fact, armed himself or
55
herself. The Legislature has found in prior legislative sessions
56
and has expressed in s. 790.335(1)(a)3., Florida Statutes, that
57
a list, record, or registry of legally owned firearms or law
58
abiding firearm owners is “an instrument that can be used as a
59
means to profile innocent citizens and to harass and abuse
60
American citizens based solely on their choice to own firearms
61
and exercise their Second Amendment right to keep and bear arms
62
as guaranteed under the United States Constitution.” Release of
63
personal identifying information of an individual who has
64
purchased ammunition could be used to harass an innocent person
65
based solely on that person’s exercised right to own a firearm.
66
Therefore, the Legislature finds that such information must be
67
held confidential and exempt from public records requirements.
68 Section 4. This act shall take effect on the same date that
69 SB 88 or similar legislation takes effect, if such legislation
70 is adopted in the same legislative session or an extension
71 thereof and becomes a law.