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