Florida 2022 Regular Session

Florida House Bill H0019 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 19 2022
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6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0019-00
9	9	Page 1 of 9
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to firearm restrictions pursuant to 2
16	16	court findings or risk protection orders; amending s. 3
17	17	790.065, F.S.; requiring that certain orders affecting 4
18	18	a person's ability to purchase a firearm also be 5
19	19	entered into a specified database within a specified 6
20	20	period; amending s. 790.401, F.S.; prohibiting 7
21	21	attempted violations of the provisions of a firearms 8
22	22	risk protection order; providing criminal penalties; 9
23	23	providing an effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
26	26	13
27	27	Section 1. Paragraph (a) of subsection (2) of section 14
28	28	790.065, Florida Statutes, is amended to read: 15
29	29	790.065 Sale and delivery of firearms. — 16
30	30	(2) Upon receipt of a request for a criminal history 17
31	31	record check, the Department of Law Enforcement shall, during 18
32	32	the licensee's call or by return call, forthwith: 19
33	33	(a) Review any records available to determine if the 20
34	34	potential buyer or transferee: 21
35	35	1. Has been convicted of a felony and is prohibited from 22
36	36	receipt or possession of a firearm pursuant to s. 790.23; 23
37	37	2. Has been convicted of a misdemeanor crime of domestic 24
38	38	violence, and therefore is prohibited from purchasing a firearm; 25
39	39
40	40	HB 19 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0019-00
46	46	Page 2 of 9
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	3. Has had adjudication of guilt withheld or imposition of 26
52	52	sentence suspended on any felony or misdemeanor crime of 27
53	53	domestic violence unless 3 years have elapsed since probation or 28
54	54	any other conditions set by the court have been fulfilled or 29
55	55	expunction has occurred; or 30
56	56	4. Has been adjudicated mentally defective or has been 31
57	57	committed to a mental institution by a court or as provided in 32
58	58	sub-sub-subparagraph b.(II), and as a result is prohibited by 33
59	59	state or federal law from purchasing a firearm. 34
60	60	a. As used in this subparagraph, "adjudicat ed mentally 35
61	61	defective" means a determination by a court that a person, as a 36
62	62	result of marked subnormal intelligence, or mental illness, 37
63	63	incompetency, condition, or disease, is a danger to himself or 38
64	64	herself or to others or lacks the mental capacity to cont ract or 39
65	65	manage his or her own affairs. The phrase includes a judicial 40
66	66	finding of incapacity under s. 744.331(6)(a), an acquittal by 41
67	67	reason of insanity of a person charged with a criminal offense, 42
68	68	and a judicial finding that a criminal defendant is not 43
69	69	competent to stand trial. 44
70	70	b. As used in this subparagraph, "committed to a mental 45
71	71	institution" means: 46
72	72	(I) Involuntary commitment, commitment for mental 47
73	73	defectiveness or mental illness, and commitment for substance 48
74	74	abuse. The phrase includes involuntary inp atient placement as 49
75	75	defined in s. 394.467, involuntary outpatient placement as 50
76	76
77	77	HB 19 2022
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0019-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	defined in s. 394.4655, involuntary assessment and stabilization 51
89	89	under s. 397.6818, and involuntary substance abuse treatment 52
90	90	under s. 397.6957, but does not include a person in a mental 53
91	91	institution for observation or discharged from a mental 54
92	92	institution based upon the initial review by the physician or a 55
93	93	voluntary admission to a mental institution; or 56
94	94	(II) Notwithstanding sub -sub-subparagraph (I), voluntary 57
95	95	admission to a mental institution for outpatient or inpatient 58
96	96	treatment of a person who had an involuntary examination under 59
97	97	s. 394.463, where each of the following conditions have been 60
98	98	met: 61
99	99	(A) An examining physician found that the person is an 62
100	100	imminent danger to himself or herself or others. 63
101	101	(B) The examining physician certified that if the person 64
102	102	did not agree to voluntary treatment, a petition for involuntary 65
103	103	outpatient or inpatient treatment would have been filed under s. 66
104	104	394.463(2)(g)4., or the examining physician c ertified that a 67
105	105	petition was filed and the person subsequently agreed to 68
106	106	voluntary treatment prior to a court hearing on the petition. 69
107	107	(C) Before agreeing to voluntary treatment, the person 70
108	108	received written notice of that finding and certification, and 71
109	109	written notice that as a result of such finding, he or she may 72
110	110	be prohibited from purchasing a firearm, and may not be eligible 73
111	111	to apply for or retain a concealed weapon or firearms license 74
112	112	under s. 790.06 and the person acknowledged such notice in 75
113	113
114	114	HB 19 2022
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116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0019-00
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
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125	125	writing, in substantially the following form: 76
126	126	"I understand that the doctor who examined me believes I am a 77
127	127	danger to myself or to others. I understand that if I do not 78
128	128	agree to voluntary treatment, a petition will be filed in court 79
129	129	to require me to receive involu ntary treatment. I understand 80
130	130	that if that petition is filed, I have the right to contest it. 81
131	131	In the event a petition has been filed, I understand that I can 82
132	132	subsequently agree to voluntary treatment prior to a court 83
133	133	hearing. I understand that by agreeing to voluntary treatment in 84
134	134	either of these situations, I may be prohibited from buying 85
135	135	firearms and from applying for or retaining a concealed weapons 86
136	136	or firearms license until I apply for and receive relief from 87
137	137	that restriction under Florida law." 88
138	138	(D) A judge or a magistrate has, pursuant to sub -sub-89
139	139	subparagraph c.(II), reviewed the record of the finding, 90
140	140	certification, notice, and written acknowledgment classifying 91
141	141	the person as an imminent danger to himself or herself or 92
142	142	others, and ordered that such r ecord be submitted to the 93
143	143	department. 94
144	144	c. In order to check for these conditions, the department 95
145	145	shall compile and maintain an automated database of persons who 96
146	146	are prohibited from purchasing a firearm based on court records 97
147	147	of adjudications of mental def ectiveness or commitments to 98
148	148	mental institutions. 99
149	149	(I) Except as provided in sub -sub-subparagraph (II), 100
150	150
151	151	HB 19 2022
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0019-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	clerks of court shall submit these records to the department 101
163	163	within 1 month after the rendition of the adjudication or 102
164	164	commitment. Reports shall be sub mitted in an automated format. 103
165	165	The reports must, at a minimum, include the name, along with any 104
166	166	known alias or former name, the sex, and the date of birth of 105
167	167	the subject. 106
168	168	(II) For persons committed to a mental institution 107
169	169	pursuant to sub-sub-subparagraph b.(II), within 24 hours after 108
170	170	the person's agreement to voluntary admission, a record of the 109
171	171	finding, certification, notice, and written acknowledgment must 110
172	172	be filed by the administrator of the receiving or treatment 111
173	173	facility, as defined in s. 394.455, wi th the clerk of the court 112
174	174	for the county in which the involuntary examination under s. 113
175	175	394.463 occurred. No fee shall be charged for the filing under 114
176	176	this sub-sub-subparagraph. The clerk must present the records to 115
177	177	a judge or magistrate within 24 hours aft er receipt of the 116
178	178	records. A judge or magistrate is required and has the lawful 117
179	179	authority to review the records ex parte and, if the judge or 118
180	180	magistrate determines that the record supports the classifying 119
181	181	of the person as an imminent danger to himself or h erself or 120
182	182	others, to order that the record be submitted to the department. 121
183	183	The department must enter the record into the National Crime 122
184	184	Information Center (NCIC) database of persons who are prohibited 123
185	185	from purchasing a firearm. If a judge or magistrate ord ers the 124
186	186	submittal of the record to the department, the record must be 125
187	187
188	188	HB 19 2022
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0019-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
198	198
199	199	submitted to the department and entered into the NCIC within 24 126
200	200	hours. 127
201	201	d. A person who has been adjudicated mentally defective or 128
202	202	committed to a mental institution, as those terms are defined in 129
203	203	this paragraph, may petition the court that made the 130
204	204	adjudication or commitment, or the court that ordered that the 131
205	205	record be submitted to the department pursuant to sub -sub-132
206	206	subparagraph c.(II), for relief from the firearm disabilities 133
207	207	imposed by such adjudication or commitment. A copy of the 134
208	208	petition shall be served on the state attorney for the county in 135
209	209	which the person was adjudicated or committed. The state 136
210	210	attorney may object to and present evidence relevant to the 137
211	211	relief sought by the pet ition. The hearing on the petition may 138
212	212	be open or closed as the petitioner may choose. The petitioner 139
213	213	may present evidence and subpoena witnesses to appear at the 140
214	214	hearing on the petition. The petitioner may confront and cross -141
215	215	examine witnesses called by th e state attorney. A record of the 142
216	216	hearing shall be made by a certified court reporter or by court -143
217	217	approved electronic means. The court shall make written findings 144
218	218	of fact and conclusions of law on the issues before it and issue 145
219	219	a final order. The court sha ll grant the relief requested in the 146
220	220	petition if the court finds, based on the evidence presented 147
221	221	with respect to the petitioner's reputation, the petitioner's 148
222	222	mental health record and, if applicable, criminal history 149
223	223	record, the circumstances surrounding the firearm disability, 150
224	224
225	225	HB 19 2022
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0019-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	and any other evidence in the record, that the petitioner will 151
237	237	not be likely to act in a manner that is dangerous to public 152
238	238	safety and that granting the relief would not be contrary to the 153
239	239	public interest. If the final order denies relief, the 154
240	240	petitioner may not petition again for relief from firearm 155
241	241	disabilities until 1 year after the date of the final order. The 156
242	242	petitioner may seek judicial review of a final order denying 157
243	243	relief in the district court of appeal having jurisdiction o ver 158
244	244	the court that issued the order. The review shall be conducted 159
245	245	de novo. Relief from a firearm disability granted under this 160
246	246	sub-subparagraph has no effect on the loss of civil rights, 161
247	247	including firearm rights, for any reason other than the 162
248	248	particular adjudication of mental defectiveness or commitment to 163
249	249	a mental institution from which relief is granted. 164
250	250	e. Upon receipt of proper notice of relief from firearm 165
251	251	disabilities granted under sub -subparagraph d., the department 166
252	252	shall delete any mental health record of the person granted 167
253	253	relief from the automated database of persons who are prohibited 168
254	254	from purchasing a firearm based on court records of 169
255	255	adjudications of mental defectiveness or commitments to mental 170
256	256	institutions. 171
257	257	f. The department is authorized to disclose data collected 172
258	258	pursuant to this subparagraph to agencies of the Federal 173
259	259	Government and other states for use exclusively in determining 174
260	260	the lawfulness of a firearm sale or transfer. The department is 175
261	261
262	262	HB 19 2022
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0019-00
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	also authorized to disclose this data to the Department of 176
274	274	Agriculture and Consumer Services for purposes of determining 177
275	275	eligibility for issuance of a concealed weapons or concealed 178
276	276	firearms license and for determining whether a basis exists for 179
277	277	revoking or suspending a previously issued license pur suant to 180
278	278	s. 790.06(10). When a potential buyer or transferee appeals a 181
279	279	nonapproval based on these records, the clerks of court and 182
280	280	mental institutions shall, upon request by the department, 183
281	281	provide information to help determine whether the potential 184
282	282	buyer or transferee is the same person as the subject of the 185
283	283	record. Photographs and any other data that could confirm or 186
284	284	negate identity must be made available to the department for 187
285	285	such purposes, notwithstanding any other provision of state law 188
286	286	to the contrary. Any such information that is made confidential 189
287	287	or exempt from disclosure by law shall retain such confidential 190
288	288	or exempt status when transferred to the department. 191
289	289	Section 2. Paragraph (b) of subsection (11) of section 192
290	290	790.401, Florida Statutes, is a mended to read: 193
291	291	790.401 Risk protection orders. — 194
292	292	(11) PENALTIES.— 195
293	293	(b)1. A person who has in his or her custody or control a 196
294	294	firearm or any ammunition or who purchases, possesses, or 197
295	295	receives a firearm or any ammunition with knowledge that he or 198
296	296	she is prohibited from doing so by an order issued under this 199
297	297	section commits a felony of the third degree, punishable as 200
298	298
299	299	HB 19 2022
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0019-00
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
309	309
310	310	provided in s. 775.082, s. 775.083, or s. 775.084. 201
311	311	2. A person who attempts to commit a violation of 202
312	312	subparagraph 1. commits a misdemeano r of the first degree, 203
313	313	punishable as provided in s. 775.082 or s. 775.083. 204
314	314	Section 3. This act shall take effect October 1, 2022. 205