Florida 2022 Regular Session

Florida House Bill H6013 Compare Versions

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

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3	3	HB 6013 2022
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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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14	14	A bill to be entitled 1
15	15	An act relating to removing firearm regulations; 2
16	16	amending s. 394.463, F.S.; removing provisions 3
17	17	authorizing the seizure of firearms from persons in 4
18	18	certain circumstances; amending s. 394.4599, F.S.; 5
19	19	conforming a cross-reference; repealing s. 790.064, 6
20	20	F.S., relating to a prohibition on firearms ownership 7
21	21	or possession until removal of the firearm possession 8
22	22	and firearm ownership disability; amending s. 790.065 , 9
23	23	F.S.; conforming a cross -reference; removing a 10
24	24	prohibition on persons younger than 21 years of age 11
25	25	from purchasing firearms; amending s. 790.0655, F.S.; 12
26	26	removing exemptions from a waiting period for firearms 13
27	27	purchases for the purchase of a rifle or shotg un upon 14
28	28	successful completion of a hunter safety course and 15
29	29	purchase of a rifle or shotgun by a law enforcement or 16
30	30	correctional officer; repealing s. 790.222, F.S., 17
31	31	relating to a ban on bump -fire stocks; repealing s. 18
32	32	790.401, F.S., relating to risk protect ion orders; 19
33	33	providing an effective date. 20
34	34	21
35	35	Be It Enacted by the Legislature of the State of Florida: 22
36	36	23
37	37	Section 1. Paragraphs (a), (d) and (h) of subsection (2) 24
38	38	of section 394.463, Florida Statutes, are amended to read: 25
39	39
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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	394.463 Involuntary examinati on.— 26
52	52	(2) INVOLUNTARY EXAMINATION. — 27
53	53	(a) An involuntary examination may be initiated by any one 28
54	54	of the following means: 29
55	55	1. A circuit or county court may enter an ex parte order 30
56	56	stating that a person appears to meet the criteria for 31
57	57	involuntary examinat ion and specifying the findings on which 32
58	58	that conclusion is based. The ex parte order for involuntary 33
59	59	examination must be based on written or oral sworn testimony 34
60	60	that includes specific facts that support the findings. If other 35
61	61	less restrictive means are n ot available, such as voluntary 36
62	62	appearance for outpatient evaluation, a law enforcement officer, 37
63	63	or other designated agent of the court, shall take the person 38
64	64	into custody and deliver him or her to an appropriate, or the 39
65	65	nearest, facility within the design ated receiving system 40
66	66	pursuant to s. 394.462 for involuntary examination. The order of 41
67	67	the court shall be made a part of the patient's clinical record. 42
68	68	A fee may not be charged for the filing of an order under this 43
69	69	subsection. A facility accepting the pati ent based on this order 44
70	70	must send a copy of the order to the department within 5 working 45
71	71	days. The order may be submitted electronically through existing 46
72	72	data systems, if available. The order shall be valid only until 47
73	73	the person is delivered to the facilit y or for the period 48
74	74	specified in the order itself, whichever comes first. If a time 49
75	75	limit is not specified in the order, the order is valid for 7 50
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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
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86	86
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88	88	days after the date that the order was signed. 51
89	89	2. A law enforcement officer shall take a person who 52
90	90	appears to meet the criteria for involuntary examination into 53
91	91	custody and deliver the person or have him or her delivered to 54
92	92	an appropriate, or the nearest, facility within the designated 55
93	93	receiving system pursuant to s. 394.462 for examination. The 56
94	94	officer shall execute a written report detailing the 57
95	95	circumstances under which the person was taken into custody, 58
96	96	which must be made a part of the patient's clinical record. Any 59
97	97	facility accepting the patient based on this report must send a 60
98	98	copy of the report to the dep artment within 5 working days. 61
99	99	3. A physician, a physician assistant, a clinical 62
100	100	psychologist, a psychiatric nurse, an advanced practice 63
101	101	registered nurse registered under s. 464.0123, a mental health 64
102	102	counselor, a marriage and family therapist, or a clini cal social 65
103	103	worker may execute a certificate stating that he or she has 66
104	104	examined a person within the preceding 48 hours and finds that 67
105	105	the person appears to meet the criteria for involuntary 68
106	106	examination and stating the observations upon which that 69
107	107	conclusion is based. If other less restrictive means, such as 70
108	108	voluntary appearance for outpatient evaluation, are not 71
109	109	available, a law enforcement officer shall take into custody the 72
110	110	person named in the certificate and deliver him or her to the 73
111	111	appropriate, or near est, facility within the designated 74
112	112	receiving system pursuant to s. 394.462 for involuntary 75
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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	examination. The law enforcement officer shall execute a written 76
126	126	report detailing the circumstances under which the person was 77
127	127	taken into custody. The report and ce rtificate shall be made a 78
128	128	part of the patient's clinical record. Any facility accepting 79
129	129	the patient based on this certificate must send a copy of the 80
130	130	certificate to the department within 5 working days. The 81
131	131	document may be submitted electronically through existing data 82
132	132	systems, if applicable. 83
133	133	84
134	134	When sending the order, report, or certificate to the 85
135	135	department, a facility shall, at a minimum, provide information 86
136	136	about which action was taken regarding the patient under 87
137	137	paragraph (h) (g), which information shall also be made a part 88
138	138	of the patient's clinical record. 89
139	139	(d)1. A law enforcement officer taking custody of a person 90
140	140	under this subsection may seize and hold a firearm or any 91
141	141	ammunition the person possesses at the time of taking him or her 92
142	142	into custody if the person poses a potential danger to himself 93
143	143	or herself or others and has made a credible threat of violence 94
144	144	against another person. 95
145	145	2. If the law enforcement officer takes custody of the 96
146	146	person at the person's residence and the criteria in 97
147	147	subparagraph 1. have been met, the law enforcement officer may 98
148	148	seek the voluntary surrender of firearms or ammunition kept in 99
149	149	the residence which have not already been seized under 100
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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	subparagraph 1. If such firearms or ammunition are not 101
163	163	voluntarily surrendered, or if t he person has other firearms or 102
164	164	ammunition that were not seized or voluntarily surrendered when 103
165	165	he or she was taken into custody, a law enforcement officer may 104
166	166	petition the appropriate court under s. 790.401 for a risk 105
167	167	protection order against the person. 106
168	168	3. Firearms or ammunition seized or voluntarily 107
169	169	surrendered under this paragraph must be made available for 108
170	170	return no later than 24 hours after the person taken into 109
171	171	custody can document that he or she is no longer subject to 110
172	172	involuntary examination and has been released or discharged from 111
173	173	any inpatient or involuntary outpatient treatment provided or 112
174	174	ordered under paragraph (g), unless a risk protection order 113
175	175	entered under s. 790.401 directs the law enforcement agency to 114
176	176	hold the firearms or ammunition fo r a longer period or the 115
177	177	person is subject to a firearm purchase disability under s. 116
178	178	790.065(2), or a firearm possession and firearm ownership 117
179	179	disability under s. 790.064. The process for the actual return 118
180	180	of firearms or ammunition seized or voluntarily su rrendered 119
181	181	under this paragraph may not take longer than 7 days. 120
182	182	4. Law enforcement agencies must develop policies and 121
183	183	procedures relating to the seizure, storage, and return of 122
184	184	firearms or ammunition held under this paragraph. 123
185	185	(g)(h) A person for whom an involuntary examination has 124
186	186	been initiated who is being evaluated or treated at a hospital 125
187	187
188	188	HB 6013 2022
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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
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199	199	for an emergency medical condition specified in s. 395.002 must 126
200	200	be examined by a facility within the examination period 127
201	201	specified in paragraph (f) (g). The examination period begins 128
202	202	when the patient arrives at the hospital and ceases when the 129
203	203	attending physician documents that the patient has an emergency 130
204	204	medical condition. If the patient is examined at a hospital 131
205	205	providing emergency medical ser vices by a professional qualified 132
206	206	to perform an involuntary examination and is found as a result 133
207	207	of that examination not to meet the criteria for involuntary 134
208	208	outpatient services pursuant to s. 394.4655(2) or involuntary 135
209	209	inpatient placement pursuant to s. 3 94.467(1), the patient may 136
210	210	be offered voluntary services or placement, if appropriate, or 137
211	211	released directly from the hospital providing emergency medical 138
212	212	services. The finding by the professional that the patient has 139
213	213	been examined and does not meet the cri teria for involuntary 140
214	214	inpatient services or involuntary outpatient placement must be 141
215	215	entered into the patient's clinical record. This paragraph is 142
216	216	not intended to prevent a hospital providing emergency medical 143
217	217	services from appropriately transferring a pat ient to another 144
218	218	hospital before stabilization if the requirements of s. 145
219	219	395.1041(3)(c) have been met. 146
220	220	Section 2. Paragraph (c) of subsection (2) of section 147
221	221	394.4599, Florida Statutes, is amended to read: 148
222	222	394.4599 Notice.— 149
223	223	(2) INVOLUNTARY ADMISSION. — 150
224	224
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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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236	236	(c)1. A receiving facility shall give notice of the 151
237	237	whereabouts of a minor who is being involuntarily held for 152
238	238	examination pursuant to s. 394.463 to the minor's parent, 153
239	239	guardian, caregiver, or guardian advocate, in person or by 154
240	240	telephone or other form of electronic communication, immediately 155
241	241	after the minor's arrival at the facility. The facility may 156
242	242	delay notification for no more than 24 hours after the minor's 157
243	243	arrival if the facility has submitted a report to the central 158
244	244	abuse hotline, pursuant to s. 39.201, based upon knowledge or 159
245	245	suspicion of abuse, abandonment, or neglect and if the facility 160
246	246	deems a delay in notification to be in the minor's best 161
247	247	interest. 162
248	248	2. The receiving facility shall attempt to notify the 163
249	249	minor's parent, guardian, caregiver, o r guardian advocate until 164
250	250	the receiving facility receives confirmation from the parent, 165
251	251	guardian, caregiver, or guardian advocate, verbally, by 166
252	252	telephone or other form of electronic communication, or by 167
253	253	recorded message, that notification has been received . Attempts 168
254	254	to notify the parent, guardian, caregiver, or guardian advocate 169
255	255	must be repeated at least once every hour during the first 12 170
256	256	hours after the minor's arrival and once every 24 hours 171
257	257	thereafter and must continue until such confirmation is 172
258	258	received, unless the minor is released at the end of the 72 -hour 173
259	259	examination period, or until a petition for involuntary services 174
260	260	is filed with the court pursuant to s. 394.463(2)(f) s. 175
261	261
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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
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271	271
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273	273	394.463(2)(g). The receiving facility may seek assistance from a 176
274	274	law enforcement agency to notify the minor's parent, guardian, 177
275	275	caregiver, or guardian advocate if the facility has not received 178
276	276	within the first 24 hours after the minor's arrival a 179
277	277	confirmation by the parent, guardian, caregiver, or guardian 180
278	278	advocate that notificatio n has been received. The receiving 181
279	279	facility must document notification attempts in the minor's 182
280	280	clinical record. 183
281	281	Section 3. Section 790.064, Florida Statutes, is repealed. 184
282	282	Section 4. Paragraph (a) of subsection (2) and subsection 185
283	283	(13) of section 790.065, Florida Statutes, are amended to read: 186
284	284	790.065 Sale and delivery of firearms. — 187
285	285	(2) Upon receipt of a request for a criminal history 188
286	286	record check, the Department of Law Enforcement shall, during 189
287	287	the licensee's call or by return call, forthwith: 190
288	288	(a) Review any records available to determine if the 191
289	289	potential buyer or transferee: 192
290	290	1. Has been convicted of a felony and is prohibited from 193
291	291	receipt or possession of a firearm pursuant to s. 790.23; 194
292	292	2. Has been convicted of a misdemeanor crime of domes tic 195
293	293	violence, and therefore is prohibited from purchasing a firearm; 196
294	294	3. Has had adjudication of guilt withheld or imposition of 197
295	295	sentence suspended on any felony or misdemeanor crime of 198
296	296	domestic violence unless 3 years have elapsed since probation or 199
297	297	any other conditions set by the court have been fulfilled or 200
298	298
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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	expunction has occurred; or 201
311	311	4. Has been adjudicated mentally defective or has been 202
312	312	committed to a mental institution by a court or as provided in 203
313	313	sub-sub-subparagraph b.(II), and as a result is pro hibited by 204
314	314	state or federal law from purchasing a firearm. 205
315	315	a. As used in this subparagraph, "adjudicated mentally 206
316	316	defective" means a determination by a court that a person, as a 207
317	317	result of marked subnormal intelligence, or mental illness, 208
318	318	incompetency, condition, or disease, is a danger to himself or 209
319	319	herself or to others or lacks the mental capacity to contract or 210
320	320	manage his or her own affairs. The phrase includes a judicial 211
321	321	finding of incapacity under s. 744.331(6)(a), an acquittal by 212
322	322	reason of insanity o f a person charged with a criminal offense, 213
323	323	and a judicial finding that a criminal defendant is not 214
324	324	competent to stand trial. 215
325	325	b. As used in this subparagraph, "committed to a mental 216
326	326	institution" means: 217
327	327	(I) Involuntary commitment, commitment for mental 218
328	328	defectiveness or mental illness, and commitment for substance 219
329	329	abuse. The phrase includes involuntary inpatient placement as 220
330	330	defined in s. 394.467, involuntary outpatient placement as 221
331	331	defined in s. 394.4655, involuntary assessment and stabilization 222
332	332	under s. 397.6818, and involuntary substance abuse treatment 223
333	333	under s. 397.6957, but does not include a person in a mental 224
334	334	institution for observation or discharged from a mental 225
335	335
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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
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345	345
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347	347	institution based upon the initial review by the physician or a 226
348	348	voluntary admission to a mental institution; or 227
349	349	(II) Notwithstanding sub -sub-subparagraph (I), voluntary 228
350	350	admission to a mental institution for outpatient or inpatient 229
351	351	treatment of a person who had an involuntary examination under 230
352	352	s. 394.463, where each of the following condit ions have been 231
353	353	met: 232
354	354	(A) An examining physician found that the person is an 233
355	355	imminent danger to himself or herself or others. 234
356	356	(B) The examining physician certified that if the person 235
357	357	did not agree to voluntary treatment, a petition for involuntary 236
358	358	outpatient or inpatient treatment would have been filed under s. 237
359	359	394.463(2)(f)4. s. 394.463(2)(g)4., or the examining physician 238
360	360	certified that a petition was filed and the person subsequently 239
361	361	agreed to voluntary treatment prior to a court hearing on the 240
362	362	petition. 241
363	363	(C) Before agreeing to voluntary treatment, the person 242
364	364	received written notice of that finding and certification, and 243
365	365	written notice that as a result of such finding, he or she may 244
366	366	be prohibited from purchasing a firearm, and may not be eligible 245
367	367	to apply for or retain a concealed weapon or firearms license 246
368	368	under s. 790.06 and the person acknowledged such notice in 247
369	369	writing, in substantially the following form: 248
370	370	"I understand that the doctor who examined me believes I am a 249
371	371	danger to myself or to others. I understand that if I do not 250
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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
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384	384	agree to voluntary treatment, a petition will be filed in court 251
385	385	to require me to receive involuntary treatment. I understand 252
386	386	that if that petition is filed, I have the right to contest it. 253
387	387	In the event a petition has been filed, I understand that I can 254
388	388	subsequently agree to voluntary treatment prior to a court 255
389	389	hearing. I understand that by agreeing to voluntary treatment in 256
390	390	either of these situations, I may be prohibited from buying 257
391	391	firearms and from applying for or retaining a c oncealed weapons 258
392	392	or firearms license until I apply for and receive relief from 259
393	393	that restriction under Florida law." 260
394	394	(D) A judge or a magistrate has, pursuant to sub -sub-261
395	395	subparagraph c.(II), reviewed the record of the finding, 262
396	396	certification, notice, and w ritten acknowledgment classifying 263
397	397	the person as an imminent danger to himself or herself or 264
398	398	others, and ordered that such record be submitted to the 265
399	399	department. 266
400	400	c. In order to check for these conditions, the department 267
401	401	shall compile and maintain an autom ated database of persons who 268
402	402	are prohibited from purchasing a firearm based on court records 269
403	403	of adjudications of mental defectiveness or commitments to 270
404	404	mental institutions. 271
405	405	(I) Except as provided in sub -sub-subparagraph (II), 272
406	406	clerks of court shall submit these records to the department 273
407	407	within 1 month after the rendition of the adjudication or 274
408	408	commitment. Reports shall be submitted in an automated format. 275
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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
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421	421	The reports must, at a minimum, include the name, along with any 276
422	422	known alias or former name, the sex, and the date of birth of 277
423	423	the subject. 278
424	424	(II) For persons committed to a mental institution 279
425	425	pursuant to sub-sub-subparagraph b.(II), within 24 hours after 280
426	426	the person's agreement to voluntary admission, a record of the 281
427	427	finding, certification, notice, and wri tten acknowledgment must 282
428	428	be filed by the administrator of the receiving or treatment 283
429	429	facility, as defined in s. 394.455, with the clerk of the court 284
430	430	for the county in which the involuntary examination under s. 285
431	431	394.463 occurred. No fee shall be charged for the filing under 286
432	432	this sub-sub-subparagraph. The clerk must present the records to 287
433	433	a judge or magistrate within 24 hours after receipt of the 288
434	434	records. A judge or magistrate is required and has the lawful 289
435	435	authority to review the records ex parte and, if the judge or 290
436	436	magistrate determines that the record supports the classifying 291
437	437	of the person as an imminent danger to himself or herself or 292
438	438	others, to order that the record be submitted to the department. 293
439	439	If a judge or magistrate orders the submittal of the recor d to 294
440	440	the department, the record must be submitted to the department 295
441	441	within 24 hours. 296
442	442	d. A person who has been adjudicated mentally defective or 297
443	443	committed to a mental institution, as those terms are defined in 298
444	444	this paragraph, may petition the court that m ade the 299
445	445	adjudication or commitment, or the court that ordered that the 300
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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
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458	458	record be submitted to the department pursuant to sub -sub-301
459	459	subparagraph c.(II), for relief from the firearm disabilities 302
460	460	imposed by such adjudication or commitment. A copy of the 303
461	461	petition shall be served on the state attorney for the county in 304
462	462	which the person was adjudicated or committed. The state 305
463	463	attorney may object to and present evidence relevant to the 306
464	464	relief sought by the petition. The hearing on the petition may 307
465	465	be open or closed as the petitioner may choose. The petitioner 308
466	466	may present evidence and subpoena witnesses to appear at the 309
467	467	hearing on the petition. The petitioner may confront and cross -310
468	468	examine witnesses called by the state attorney. A record of the 311
469	469	hearing shall be made b y a certified court reporter or by court -312
470	470	approved electronic means. The court shall make written findings 313
471	471	of fact and conclusions of law on the issues before it and issue 314
472	472	a final order. The court shall grant the relief requested in the 315
473	473	petition if the cour t finds, based on the evidence presented 316
474	474	with respect to the petitioner's reputation, the petitioner's 317
475	475	mental health record and, if applicable, criminal history 318
476	476	record, the circumstances surrounding the firearm disability, 319
477	477	and any other evidence in the rec ord, that the petitioner will 320
478	478	not be likely to act in a manner that is dangerous to public 321
479	479	safety and that granting the relief would not be contrary to the 322
480	480	public interest. If the final order denies relief, the 323
481	481	petitioner may not petition again for relief from firearm 324
482	482	disabilities until 1 year after the date of the final order. The 325
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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
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493	493
494	494
495	495	petitioner may seek judicial review of a final order denying 326
496	496	relief in the district court of appeal having jurisdiction over 327
497	497	the court that issued the order. The review shall be conducted 328
498	498	de novo. Relief from a firearm disability granted under this 329
499	499	sub-subparagraph has no effect on the loss of civil rights, 330
500	500	including firearm rights, for any reason other than the 331
501	501	particular adjudication of mental defectiveness or commitment to 332
502	502	a mental institution from which relief is granted. 333
503	503	e. Upon receipt of proper notice of relief from firearm 334
504	504	disabilities granted under sub -subparagraph d., the department 335
505	505	shall delete any mental health record of the person granted 336
506	506	relief from the automated da tabase of persons who are prohibited 337
507	507	from purchasing a firearm based on court records of 338
508	508	adjudications of mental defectiveness or commitments to mental 339
509	509	institutions. 340
510	510	f. The department is authorized to disclose data collected 341
511	511	pursuant to this subparagraph to agencies of the Federal 342
512	512	Government and other states for use exclusively in determining 343
513	513	the lawfulness of a firearm sale or transfer. The department is 344
514	514	also authorized to disclose this data to the Department of 345
515	515	Agriculture and Consumer Services for purposes of determining 346
516	516	eligibility for issuance of a concealed weapons or concealed 347
517	517	firearms license and for determining whether a basis exists for 348
518	518	revoking or suspending a previously issued license pursuant to 349
519	519	s. 790.06(10). When a potential buyer or transferee appeals a 350
520	520
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532	532	nonapproval based on these records, the clerks of court and 351
533	533	mental institutions shall, upon request by the department, 352
534	534	provide information to help determ ine whether the potential 353
535	535	buyer or transferee is the same person as the subject of the 354
536	536	record. Photographs and any other data that could confirm or 355
537	537	negate identity must be made available to the department for 356
538	538	such purposes, notwithstanding any other provis ion of state law 357
539	539	to the contrary. Any such information that is made confidential 358
540	540	or exempt from disclosure by law shall retain such confidential 359
541	541	or exempt status when transferred to the department. 360
542	542	(13) A person younger than 21 years of age may not 361
543	543	purchase a firearm. The sale or transfer of a firearm to a 362
544	544	person younger than 21 years of age may not be made or 363
545	545	facilitated by a licensed importer, licensed manufacturer, or 364
546	546	licensed dealer. A person who violates this subsection commits a 365
547	547	felony of the third degree, punishable as provided in s. 366
548	548	775.082, s. 775.083, or s. 775.084. The prohibitions of this 367
549	549	subsection do not apply to the purchase of a rifle or shotgun by 368
550	550	a law enforcement officer or correctional officer, as those 369
551	551	terms are defined in s. 943.10(1) , (2), (3), (6), (7), (8), or 370
552	552	(9), or a servicemember as defined in s. 250.01. 371
553	553	Section 5. Paragraphs (c) and (d) of subsection (2) of 372
554	554	section 790.0655, Florida Statutes, are amended to read: 373
555	555	790.0655 Purchase and delivery of firearms; mandatory 374
556	556	waiting period; exceptions; penalties. — 375
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569	569	(2) The waiting period does not apply in the following 376
570	570	circumstances: 377
571	571	(c) To the purchase of a rifle or shotgun, upon a person's 378
572	572	successfully completing a minimum of a 16 -hour hunter safety 379
573	573	course and possessing a hun ter safety certification card issued 380
574	574	under s. 379.3581. A person who is exempt from the hunter safety 381
575	575	course requirements under s. 379.3581 and holds a valid Florida 382
576	576	hunting license is exempt from the mandatory waiting period 383
577	577	under this section for the pur chase of a rifle or shotgun. 384
578	578	(d) When a rifle or shotgun is being purchased by a law 385
579	579	enforcement officer or correctional officer, as those terms are 386
580	580	defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 387
581	581	servicemember as defined in s. 250.01. 388
582	582	Section 6. Section 790.222, Florida Statutes, is repealed. 389
583	583	Section 7. Section 790.401, Florida Statutes, is repealed. 390
584	584	Section 8. This act shall take effect upon becoming a law. 391