Florida 2022 Regular Session

Florida House Bill H0083 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 83 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0083-00
9	9	Page 1 of 16
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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to domestic violence; creating s. 2
16	16	784.04875, F.S.; prohibiting certain acts of domestic 3
17	17	violence or dating violence; providing criminal 4
18	18	penalties; amending s. 790.065, F.S.; revising a 5
19	19	prohibition on the sale or transfer of firearms to 6
20	20	persons convicted of misdemeanor domestic violence 7
21	21	offenses; amending s. 790.233, F.S.; defining the term 8
22	22	"misdemeanor offense of domestic violence"; 9
23	23	prohibiting persons convicted of a misdemeanor offense 10
24	24	of domestic violence from possessing a firearm or 11
25	25	ammunition; requiring persons convicted of misdemeanor 12
26	26	offenses of domestic violence to surrender all 13
27	27	firearms and ammunition in their possession upon 14
28	28	conviction; requiring a court to order the defendant 15
29	29	to surrender to the local law enforcement agency all 16
30	30	firearms and ammunition and any license to carry a 17
31	31	concealed weapon or firearm; providing requirements 18
32	32	for law enforcement officers carrying out the court 19
33	33	order; authorizing a law enforcement officer to take 20
34	34	possession of all firearms and ammunition owned by t he 21
35	35	defendant and any license to carry a concealed weapon 22
36	36	or firearm; authorizing a law enforcement officer to 23
37	37	seek a search warrant under certain circumstances; 24
38	38	requiring the law enforcement officer taking 25
39	39
40	40	HB 83 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0083-00
46	46	Page 2 of 16
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
48	48
49	49
50	50
51	51	possession of the firearms, ammunition, and licens e to 26
52	52	issue a receipt to the defendant, file the original 27
53	53	with the court, and ensure his or her law enforcement 28
54	54	agency retains a copy; requiring a court to make a 29
55	55	certain determination upon a sworn statement or 30
56	56	testimony that the defendant did not comply wi th the 31
57	57	required surrender of any firearms, ammunition, or 32
58	58	license; requiring the court to issue a warrant if it 33
59	59	finds that probable cause exists; providing for the 34
60	60	return of firearms, ammunition, and licenses to a 35
61	61	lawful owner under certain circumstances; requiring 36
62	62	all law enforcement agencies to develop certain 37
63	63	policies and procedures; authorizing a defendant to 38
64	64	elect to transfer all firearms and ammunition that he 39
65	65	or she owns to another person under certain 40
66	66	circumstances; providing criminal penalties; cre ating 41
67	67	s. 790.234, F.S.; defining the term "domestic 42
68	68	violence"; requiring a law enforcement officer to 43
69	69	remove firearms from the scene of an alleged act of 44
70	70	domestic violence under certain circumstances; 45
71	71	providing requirements for the law enforcement officer 46
72	72	removing such firearms; authorizing the owner of the 47
73	73	firearms to retake possession within a specified 48
74	74	timeframe; providing an exception; providing an 49
75	75	effective date. 50
76	76
77	77	HB 83 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0083-00
83	83	Page 3 of 16
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	51
89	89	Be It Enacted by the Legislature of the State of Florida: 52
90	90	53
91	91	Section 1. Section 784 .04875, Florida Statutes, is created 54
92	92	to read: 55
93	93	784.04875 Domestic violence. -A person who commits any act 56
94	94	constituting domestic violence, as defined in s. 741.28, or any 57
95	95	crime the underlying factual basis of which has been found by a 58
96	96	court to include an ac t of domestic violence, knowing that the 59
97	97	victim is in the class of persons covered by that statute, or 60
98	98	dating violence, as defined in s. 784.046(1)(d), knowing that 61
99	99	the victim is in the class of persons covered by that statute, 62
100	100	commits a misdemeanor of the first degree punishable as provided 63
101	101	in s. 775.082 or s. 775.083. 64
102	102	Section 2. Paragraph (a) of subsection (2) of section 65
103	103	790.065, Florida Statutes, is amended to read: 66
104	104	790.065 Sale and delivery of firearms. — 67
105	105	(2) Upon receipt of a request for a crimi nal history 68
106	106	record check, the Department of Law Enforcement shall, during 69
107	107	the licensee's call or by return call, forthwith: 70
108	108	(a) Review any records available to determine if the 71
109	109	potential buyer or transferee: 72
110	110	1. Has been convicted of a felony and is pro hibited from 73
111	111	receipt or possession of a firearm pursuant to s. 790.23; 74
112	112	2. Has been convicted of a misdemeanor crime of domestic 75
113	113
114	114	HB 83 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0083-00
120	120	Page 4 of 16
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
122	122
123	123
124	124
125	125	violence, and, therefore, is prohibited from purchasing a 76
126	126	firearm under 18 U.S.C. s. 922(d)(9) or s. 790.233 ; 77
127	127	3. Has had adjudication of guilt withheld or imposition of 78
128	128	sentence suspended on any felony or misdemeanor crime of 79
129	129	domestic violence, unless 3 years have elapsed since probation 80
130	130	or any other conditions set by the court have been fulfilled or 81
131	131	expunction has occurred; or 82
132	132	4. Has been adjudicated mentally defective or has been 83
133	133	committed to a mental institution by a court or as provided in 84
134	134	sub-sub-subparagraph b.(II), and as a result is prohibited by 85
135	135	state or federal law from purchasing a firearm. 86
136	136	a. As used in this subp aragraph, "adjudicated mentally 87
137	137	defective" means a determination by a court that a person, as a 88
138	138	result of marked subnormal intelligence, or mental illness, 89
139	139	incompetency, condition, or disease, is a danger to himself or 90
140	140	herself or to others or lacks the men tal capacity to contract or 91
141	141	manage his or her own affairs. The phrase includes a judicial 92
142	142	finding of incapacity under s. 744.331(6)(a), an acquittal by 93
143	143	reason of insanity of a person charged with a criminal offense, 94
144	144	and a judicial finding that a criminal d efendant is not 95
145	145	competent to stand trial. 96
146	146	b. As used in this subparagraph, "committed to a mental 97
147	147	institution" means: 98
148	148	(I) Involuntary commitment, commitment for mental 99
149	149	defectiveness or mental illness, and commitment for substance 100
150	150
151	151	HB 83 2022
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0083-00
157	157	Page 5 of 16
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
159	159
160	160
161	161
162	162	abuse. The phrase includes involuntary inpatient placement under 101
163	163	as defined in s. 394.467, involuntary outpatient placement under 102
164	164	as defined in s. 394.4655, involuntary assessment and 103
165	165	stabilization under s. 397.6818, and involuntary substance abuse 104
166	166	treatment under s. 397.6957, but does not include a person in a 105
167	167	mental institution for observation or discharged from a mental 106
168	168	institution based upon the initial review by the physician or a 107
169	169	voluntary admission to a mental institution; or 108
170	170	(II) Notwithstanding s ub-sub-subparagraph (I), voluntary 109
171	171	admission to a mental institution for outpatient or inpatient 110
172	172	treatment of a person who had an involuntary examination under 111
173	173	s. 394.463 if, where each of the following conditions have been 112
174	174	met: 113
175	175	(A) An examining physicia n found that the person is an 114
176	176	imminent danger to himself or herself or others. 115
177	177	(B) The examining physician certified that if the person 116
178	178	did not agree to voluntary treatment, a petition for involuntary 117
179	179	outpatient or inpatient treatment would have been fil ed under s. 118
180	180	394.463(2)(g)4., or the examining physician certified that a 119
181	181	petition was filed and the person subsequently agreed to 120
182	182	voluntary treatment prior to a court hearing on the petition. 121
183	183	(C) Before agreeing to voluntary treatment, the person 122
184	184	received written notice of that finding and certification, and 123
185	185	written notice that as a result of such finding, he or she may 124
186	186	be prohibited from purchasing a firearm, and may not be eligible 125
187	187
188	188	HB 83 2022
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0083-00
194	194	Page 6 of 16
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
196	196
197	197
198	198
199	199	to apply for or retain a concealed weapon or firearms license 126
200	200	under s. 790.06 and the person acknowledged such notice in 127
201	201	writing, in substantially the following form: 128
202	202	"I understand that the doctor who examined me believes I am 129
203	203	a danger to myself or to others. I understand that if I do not 130
204	204	agree to voluntary treatment, a petit ion will be filed in court 131
205	205	to require me to receive involuntary treatment. I understand 132
206	206	that if that petition is filed, I have the right to contest it. 133
207	207	In the event a petition has been filed, I understand that I can 134
208	208	subsequently agree to voluntary treatmen t prior to a court 135
209	209	hearing. I understand that by agreeing to voluntary treatment in 136
210	210	either of these situations, I may be prohibited from buying 137
211	211	firearms and from applying for or retaining a concealed weapons 138
212	212	or firearms license until I apply for and receiv e relief from 139
213	213	that restriction under Florida law." 140
214	214	(D) A judge or a magistrate has, pursuant to sub -sub-141
215	215	subparagraph c.(II), reviewed the record of the finding, 142
216	216	certification, notice, and written acknowledgment classifying 143
217	217	the person as an imminent dange r to himself or herself or 144
218	218	others, and ordered that such record be submitted to the 145
219	219	department. 146
220	220	c. In order to check for these conditions, the department 147
221	221	shall compile and maintain an automated database of persons who 148
222	222	are prohibited from purchasing a fir earm based on court records 149
223	223	of adjudications of mental defectiveness or commitments to 150
224	224
225	225	HB 83 2022
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0083-00
231	231	Page 7 of 16
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
233	233
234	234
235	235
236	236	mental institutions. 151
237	237	(I) Except as provided in sub -sub-subparagraph (II), 152
238	238	clerks of court shall submit these records to the department 153
239	239	within 1 month after the renditi on of the adjudication or 154
240	240	commitment. Reports shall be submitted in an automated format. 155
241	241	The reports must, at a minimum, include the name, along with any 156
242	242	known alias or former name, the sex, and the date of birth of 157
243	243	the subject. 158
244	244	(II) For persons committe d to a mental institution 159
245	245	pursuant to sub-sub-subparagraph b.(II), within 24 hours after 160
246	246	the person's agreement to voluntary admission, a record of the 161
247	247	finding, certification, notice, and written acknowledgment must 162
248	248	be filed by the administrator of the rec eiving or treatment 163
249	249	facility, as defined in s. 394.455, with the clerk of the court 164
250	250	for the county in which the involuntary examination under s. 165
251	251	394.463 occurred. No fee shall be charged for the filing under 166
252	252	this sub-sub-subparagraph. The clerk must presen t the records to 167
253	253	a judge or magistrate within 24 hours after receipt of the 168
254	254	records. A judge or magistrate is required and has the lawful 169
255	255	authority to review the records ex parte and, if the judge or 170
256	256	magistrate determines that the record supports the class ifying 171
257	257	of the person as an imminent danger to himself or herself or 172
258	258	others, to order that the record be submitted to the department. 173
259	259	If a judge or magistrate orders the submittal of the record to 174
260	260	the department, the record must be submitted to the departme nt 175
261	261
262	262	HB 83 2022
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0083-00
268	268	Page 8 of 16
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	within 24 hours. 176
274	274	d. A person who has been adjudicated mentally defective or 177
275	275	committed to a mental institution, as those terms are defined in 178
276	276	this paragraph, may petition the court that made the 179
277	277	adjudication or commitment, or the court that ordered that the 180
278	278	record be submitted to the department pursuant to sub -sub-181
279	279	subparagraph c.(II), for relief from the firearm disabilities 182
280	280	imposed by such adjudication or commitment. A copy of the 183
281	281	petition shall be served on the state attorney for the county in 184
282	282	which the person was adjudic ated or committed. The state 185
283	283	attorney may object to and present evidence relevant to the 186
284	284	relief sought by the petition. The hearing on the petition may 187
285	285	be open or closed as the petitioner may choose. The petitioner 188
286	286	may present evidence and subpoena witness es to appear at the 189
287	287	hearing on the petition. The petitioner may confront and cross -190
288	288	examine witnesses called by the state attorney. A record of the 191
289	289	hearing shall be made by a certified court reporter or by court -192
290	290	approved electronic means. The court shall ma ke written findings 193
291	291	of fact and conclusions of law on the issues before it and issue 194
292	292	a final order. The court shall grant the relief requested in the 195
293	293	petition if the court finds, based on the evidence presented 196
294	294	with respect to the petitioner's reputation, the petitioner's 197
295	295	mental health record and, if applicable, criminal history 198
296	296	record, the circumstances surrounding the firearm disability, 199
297	297	and any other evidence in the record, that the petitioner will 200
298	298
299	299	HB 83 2022
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0083-00
305	305	Page 9 of 16
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
307	307
308	308
309	309
310	310	not be likely to act in a manner that is dangerous to pu blic 201
311	311	safety and that granting the relief would not be contrary to the 202
312	312	public interest. If the final order denies relief, the 203
313	313	petitioner may not petition again for relief from firearm 204
314	314	disabilities until 1 year after the date of the final order. The 205
315	315	petitioner may seek judicial review of a final order denying 206
316	316	relief in the district court of appeal having jurisdiction over 207
317	317	the court that issued the order. The review shall be conducted 208
318	318	de novo. Relief from a firearm disability granted under this 209
319	319	sub-subparagraph has no effect on the loss of civil rights, 210
320	320	including firearm rights, for any reason other than the 211
321	321	particular adjudication of mental defectiveness or commitment to 212
322	322	a mental institution from which relief is granted. 213
323	323	e. Upon receipt of proper notice of r elief from firearm 214
324	324	disabilities granted under sub -subparagraph d., the department 215
325	325	shall delete any mental health record of the person granted 216
326	326	relief from the automated database of persons who are prohibited 217
327	327	from purchasing a firearm based on court records of 218
328	328	adjudications of mental defectiveness or commitments to mental 219
329	329	institutions. 220
330	330	f. The department is authorized to disclose data collected 221
331	331	pursuant to this subparagraph to agencies of the Federal 222
332	332	Government and other states for use exclusively in determi ning 223
333	333	the lawfulness of a firearm sale or transfer. The department is 224
334	334	also authorized to disclose this data to the Department of 225
335	335
336	336	HB 83 2022
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb0083-00
342	342	Page 10 of 16
343	343	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
344	344
345	345
346	346
347	347	Agriculture and Consumer Services for purposes of determining 226
348	348	eligibility for issuance of a concealed weapons or concealed 227
349	349	firearms license and for determining whether a basis exists for 228
350	350	revoking or suspending a previously issued license pursuant to 229
351	351	s. 790.06(10). When a potential buyer or transferee appeals a 230
352	352	nonapproval based on these records, the clerks of court and 231
353	353	mental institutions shall, upon request by the department, 232
354	354	provide information to help determine whether the potential 233
355	355	buyer or transferee is the same person as the subject of the 234
356	356	record. Photographs and any other data that could confirm or 235
357	357	negate identity must be mad e available to the department for 236
358	358	such purposes, notwithstanding any other provision of state law 237
359	359	to the contrary. Any such information that is made confidential 238
360	360	or exempt from disclosure by law shall retain such confidential 239
361	361	or exempt status when transfer red to the department. 240
362	362	Section 3. Section 790.233, Florida Statutes, is amended 241
363	363	to read: 242
364	364	790.233 Possession of firearm or ammunition prohibited 243
365	365	when person is subject to an injunction against committing acts 244
366	366	of domestic violence, stalking, or cyberst alking; misdemeanor 245
367	367	domestic violence offenses; surrender of firearms and 246
368	368	ammunition; penalties.— 247
369	369	(2) As used in this section, the term "misdemeanor offense 248
370	370	of domestic violence" means a misdemeanor conviction for a 249
371	371	violation of s. 784.04875. 250
372	372
373	373	HB 83 2022
374	374
375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb0083-00
379	379	Page 11 of 16
380	380	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
381	381
382	382
383	383
384	384	(3)(1) A person may not have in his or her care, custody, 251
385	385	possession, or control a any firearm or any ammunition if the 252
386	386	person: 253
387	387	(a) Has been issued a final injunction that is currently 254
388	388	in force and effect, restraining that person from committing 255
389	389	acts of domestic violence, as issued under s. 741.30 , or from 256
390	390	committing acts of stalking or cyberstalking, as issued under s. 257
391	391	784.0485; or 258
392	392	(b) Has been convicted of a misdemeanor offense of 259
393	393	domestic violence. 260
394	394	(4) A person convicted of a misdemeanor offense of 261
395	395	domestic violence must, upon conviction, be required to 262
396	396	surrender all firearms and ammunition in his or her possession 263
397	397	as provided for in subsection (5). 264
398	398	(5)(a) Upon convicting a defendant of a misdemeanor 265
399	399	offense of domestic violence under this section, the cou rt shall 266
400	400	order the defendant to surrender to the local law enforcement 267
401	401	agency all firearms and ammunition owned by the defendant which 268
402	402	are in the defendant's custody, control, or possession, except 269
403	403	as provided in subsection (6), and to surrender any licens e to 270
404	404	carry a concealed weapon or firearm issued under s. 790.06. 271
405	405	(b) The law enforcement officer carrying out the court 272
406	406	order shall request that the defendant immediately surrender all 273
407	407	firearms and ammunition owned by the defendant in his or her 274
408	408	custody, control, or possession and any license to carry a 275
409	409
410	410	HB 83 2022
411	411
412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb0083-00
416	416	Page 12 of 16
417	417	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
418	418
419	419
420	420
421	421	concealed weapon or firearm issued under s. 790.06. The law 276
422	422	enforcement officer shall take possession of all surrendered 277
423	423	firearms and ammunition owned by the defendant and any license 278
424	424	to carry a concealed weapon or firearm issued under s. 790.06. 279
425	425	Alternatively, if personal service by a law enforcement officer 280
426	426	is not possible or is not required because the defendant was 281
427	427	present at the court hearing when the judge entered the order, 282
428	428	the defendant must surrend er in a safe manner any firearms and 283
429	429	ammunition he or she owns and any license to carry a concealed 284
430	430	weapon or firearm issued under s. 790.06 to the control of the 285
431	431	local law enforcement agency immediately after being served with 286
432	432	the order by service or imme diately after the hearing at which 287
433	433	the defendant was present. Notwithstanding ss. 933.02 and 288
434	434	933.18, a law enforcement officer may seek a search warrant from 289
435	435	a court of competent jurisdiction to conduct a search for 290
436	436	firearms or ammunition owned by the defe ndant if the officer has 291
437	437	probable cause to believe that there are firearms or ammunition 292
438	438	owned by the defendant in the defendant's custody, control, or 293
439	439	possession which have not been surrendered. 294
440	440	(c) At the time of surrender, a law enforcement officer 295
441	441	taking possession of any firearm or ammunition owned by the 296
442	442	defendant, or a license to carry a concealed weapon or firearm 297
443	443	issued under s. 790.06, shall issue a receipt identifying all 298
444	444	firearms surrendered, the quantity and type of ammunition 299
445	445	surrendered, and any license surrendered and shall provide a 300
446	446
447	447	HB 83 2022
448	448
449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
452	452	hb0083-00
453	453	Page 13 of 16
454	454	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
455	455
456	456
457	457
458	458	copy of the receipt to the defendant. Within 72 hours after 301
459	459	service of the order, the law enforcement officer serving the 302
460	460	order shall file the original receipt with the court and shall 303
461	461	ensure that his or her la w enforcement agency retains a copy of 304
462	462	the receipt. 305
463	463	(d) Notwithstanding ss. 933.02 and 933.18, upon the sworn 306
464	464	statement or testimony of any person alleging that the defendant 307
465	465	has failed to comply with the surrender of firearms or 308
466	466	ammunition owned by the defendant or of a license to carry a 309
467	467	concealed weapon or firearm under s. 790.06, as required by an 310
468	468	order issued under this subsection, the court shall determine 311
469	469	whether probable cause exists to believe that the defendant has 312
470	470	failed to surrender all firear ms or ammunition owned by the 313
471	471	defendant, or a license to carry a concealed weapon or firearm 314
472	472	under s. 790.06, which are in the defendant's custody, control, 315
473	473	or possession. If the court finds that probable cause exists, 316
474	474	the court shall issue a warrant descr ibing the firearms, 317
475	475	ammunition, or license owned by the defendant and authorizing a 318
476	476	search of the locations where the firearms, ammunition, or 319
477	477	license owned by the defendant are reasonably believed to be 320
478	478	found and requiring the seizure of any firearms, amm unition, or 321
479	479	license owned by the defendant discovered pursuant to such 322
480	480	search. 323
481	481	(e) If a person other than the defendant claims title to 324
482	482	any firearms or ammunition surrendered pursuant to this section 325
483	483
484	484	HB 83 2022
485	485
486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
489	489	hb0083-00
490	490	Page 14 of 16
491	491	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
492	492
493	493
494	494
495	495	and he or she is determined by the law enforcement age ncy to be 326
496	496	the lawful owner of the firearms or ammunition, the firearms or 327
497	497	ammunition must be returned to him or her if: 328
498	498	1. The lawful owner agrees to store the firearms or 329
499	499	ammunition in a manner such that the defendant does not have 330
500	500	access to or control of the firearms or ammunition; and 331
501	501	2. The firearms or ammunition are not otherwise unlawfully 332
502	502	possessed by the owner. 333
503	503	(f) All law enforcement agencies must develop policies and 334
504	504	procedures regarding the acceptance, the storage, and the return 335
505	505	of firearms, ammunition, or licenses required to be surrendered 336
506	506	under this section. 337
507	507	(6) A defendant may elect to transfer all firearms and 338
508	508	ammunition he or she owns which have been surrendered to or 339
509	509	seized by a local law enforcement agency pursuant to subse ction 340
510	510	(5) to another person who is willing to receive the defendant's 341
511	511	firearms and ammunition. The law enforcement agency must allow 342
512	512	such a transfer only if it is determined that the chosen 343
513	513	recipient: 344
514	514	(a) Is eligible to own or possess a firearm and ammun ition 345
515	515	under federal and state law after confirmation through a 346
516	516	background check; 347
517	517	(b) Agrees to store the firearms and ammunition in a 348
518	518	manner such that the defendant does not have access to or 349
519	519	control of the firearms and ammunition; and 350
520	520
521	521	HB 83 2022
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb0083-00
527	527	Page 15 of 16
528	528	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
529	529
530	530
531	531
532	532	(c) Agrees not to transfer the firearms or ammunition back 351
533	533	to the defendant. 352
534	534	(7)(2) A person who violates this section subsection (1) 353
535	535	commits a misdemeanor of the first degree, punishable as 354
536	536	provided in s. 775.082 or s. 775.083. 355
537	537	(1)(3) It is the intent of the Legislature that the 356
538	538	disabilities regarding possession of firearms and ammunition are 357
539	539	consistent with federal law. Accordingly, this section does not 358
540	540	apply to a state or local officer as defined in s. 943.10(14), 359
541	541	holding an active certification, who receives or possesses a 360
542	542	firearm or ammunition for use in performing official duties on 361
543	543	behalf of the officer's employing agency, unless otherwise 362
544	544	prohibited by the employing agency. 363
545	545	Section 4. Section 790.234, Florida Statutes, is c reated 364
546	546	to read: 365
547	547	790.234 Domestic violence; temporary custody of firearms. — 366
548	548	(1) As used in this section, the term "domestic violence" 367
549	549	means an act constituting domestic violence, as defined in s. 368
550	550	741.28, and includes acts of domestic violence between da ting 369
551	551	partners as provided in s. 784.046(1)(d). 370
552	552	(2) When at the scene of an alleged act of domestic 371
553	553	violence, a law enforcement officer must remove a firearm from 372
554	554	the scene if: 373
555	555	(a) The law enforcement officer has probable cause to 374
556	556	believe that an act of domestic violence has occurred; and 375
557	557
558	558	HB 83 2022
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0083-00
564	564	Page 16 of 16
565	565	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
566	566
567	567
568	568
569	569	(b) The firearm is in plain view or is discovered during a 376
570	570	consensual or other lawful search. 377
571	571	(3) If a firearm is removed from the scene under 378
572	572	subsection (2), the law enforcement officer must: 379
573	573	(a) Provide to the o wner a receipt identifying all 380
574	574	firearms seized and information concerning the process for 381
575	575	retaking possession of the firearm; and 382
576	576	(b) Provide for the safe storage of the firearm during the 383
577	577	pendency of any proceeding related to the alleged act of 384
578	578	domestic violence. 385
579	579	(4) Within 14 days after the conclusion of a proceeding on 386
580	580	the alleged act of domestic violence or dating violence, the 387
581	581	owner of the firearm may retake possession of the firearm unless 388
582	582	ordered to surrender the firearm pursuant to s. 790.233. 389
583	583	Section 5. This act shall take effect October 1, 2022. 390