HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 1 of 16
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 removing firearm regulations; 2
amending s. 394.463, F.S.; removing provisions 3
authorizing the seizure of firearms from persons in 4
certain circumstances; amending s. 394.4599, F.S.; 5
conforming a cross-reference; repealing s. 790.064, 6
F.S., relating to a prohibition on firearms ownership 7
or possession until removal of the firearm possession 8
and firearm ownership disability; amending s. 790.065 , 9
F.S.; conforming a cross -reference; removing a 10
prohibition on persons younger than 21 years of age 11
from purchasing firearms; amending s. 790.0655, F.S.; 12
removing exemptions from a waiting period for firearms 13
purchases for the purchase of a rifle or shotg un upon 14
successful completion of a hunter safety course and 15
purchase of a rifle or shotgun by a law enforcement or 16
correctional officer; repealing s. 790.222, F.S., 17
relating to a ban on bump -fire stocks; repealing s. 18
790.401, F.S., relating to risk protect ion orders; 19
providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Paragraphs (a), (d) and (h) of subsection (2) 24
of section 394.463, Florida Statutes, are amended to read: 25
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 2 of 16
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
394.463 Involuntary examinati on.— 26
(2) INVOLUNTARY EXAMINATION. — 27
(a) An involuntary examination may be initiated by any one 28
of the following means: 29
1. A circuit or county court may enter an ex parte order 30
stating that a person appears to meet the criteria for 31
involuntary examinat ion and specifying the findings on which 32
that conclusion is based. The ex parte order for involuntary 33
examination must be based on written or oral sworn testimony 34
that includes specific facts that support the findings. If other 35
less restrictive means are n ot available, such as voluntary 36
appearance for outpatient evaluation, a law enforcement officer, 37
or other designated agent of the court, shall take the person 38
into custody and deliver him or her to an appropriate, or the 39
nearest, facility within the design ated receiving system 40
pursuant to s. 394.462 for involuntary examination. The order of 41
the court shall be made a part of the patient's clinical record. 42
A fee may not be charged for the filing of an order under this 43
subsection. A facility accepting the pati ent based on this order 44
must send a copy of the order to the department within 5 working 45
days. The order may be submitted electronically through existing 46
data systems, if available. The order shall be valid only until 47
the person is delivered to the facilit y or for the period 48
specified in the order itself, whichever comes first. If a time 49
limit is not specified in the order, the order is valid for 7 50
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 3 of 16
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
days after the date that the order was signed. 51
2. A law enforcement officer shall take a person who 52
appears to meet the criteria for involuntary examination into 53
custody and deliver the person or have him or her delivered to 54
an appropriate, or the nearest, facility within the designated 55
receiving system pursuant to s. 394.462 for examination. The 56
officer shall execute a written report detailing the 57
circumstances under which the person was taken into custody, 58
which must be made a part of the patient's clinical record. Any 59
facility accepting the patient based on this report must send a 60
copy of the report to the dep artment within 5 working days. 61
3. A physician, a physician assistant, a clinical 62
psychologist, a psychiatric nurse, an advanced practice 63
registered nurse registered under s. 464.0123, a mental health 64
counselor, a marriage and family therapist, or a clini cal social 65
worker may execute a certificate stating that he or she has 66
examined a person within the preceding 48 hours and finds that 67
the person appears to meet the criteria for involuntary 68
examination and stating the observations upon which that 69
conclusion is based. If other less restrictive means, such as 70
voluntary appearance for outpatient evaluation, are not 71
available, a law enforcement officer shall take into custody the 72
person named in the certificate and deliver him or her to the 73
appropriate, or near est, facility within the designated 74
receiving system pursuant to s. 394.462 for involuntary 75
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 4 of 16
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
examination. The law enforcement officer shall execute a written 76
report detailing the circumstances under which the person was 77
taken into custody. The report and ce rtificate shall be made a 78
part of the patient's clinical record. Any facility accepting 79
the patient based on this certificate must send a copy of the 80
certificate to the department within 5 working days. The 81
document may be submitted electronically through existing data 82
systems, if applicable. 83
84
When sending the order, report, or certificate to the 85
department, a facility shall, at a minimum, provide information 86
about which action was taken regarding the patient under 87
paragraph (h) (g), which information shall also be made a part 88
of the patient's clinical record. 89
(d)1. A law enforcement officer taking custody of a person 90
under this subsection may seize and hold a firearm or any 91
ammunition the person possesses at the time of taking him or her 92
into custody if the person poses a potential danger to himself 93
or herself or others and has made a credible threat of violence 94
against another person. 95
2. If the law enforcement officer takes custody of the 96
person at the person's residence and the criteria in 97
subparagraph 1. have been met, the law enforcement officer may 98
seek the voluntary surrender of firearms or ammunition kept in 99
the residence which have not already been seized under 100
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 5 of 16
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
subparagraph 1. If such firearms or ammunition are not 101
voluntarily surrendered, or if t he person has other firearms or 102
ammunition that were not seized or voluntarily surrendered when 103
he or she was taken into custody, a law enforcement officer may 104
petition the appropriate court under s. 790.401 for a risk 105
protection order against the person. 106
3. Firearms or ammunition seized or voluntarily 107
surrendered under this paragraph must be made available for 108
return no later than 24 hours after the person taken into 109
custody can document that he or she is no longer subject to 110
involuntary examination and has been released or discharged from 111
any inpatient or involuntary outpatient treatment provided or 112
ordered under paragraph (g), unless a risk protection order 113
entered under s. 790.401 directs the law enforcement agency to 114
hold the firearms or ammunition fo r a longer period or the 115
person is subject to a firearm purchase disability under s. 116
790.065(2), or a firearm possession and firearm ownership 117
disability under s. 790.064. The process for the actual return 118
of firearms or ammunition seized or voluntarily su rrendered 119
under this paragraph may not take longer than 7 days. 120
4. Law enforcement agencies must develop policies and 121
procedures relating to the seizure, storage, and return of 122
firearms or ammunition held under this paragraph. 123
(g)(h) A person for whom an involuntary examination has 124
been initiated who is being evaluated or treated at a hospital 125
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 6 of 16
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
for an emergency medical condition specified in s. 395.002 must 126
be examined by a facility within the examination period 127
specified in paragraph (f) (g). The examination period begins 128
when the patient arrives at the hospital and ceases when the 129
attending physician documents that the patient has an emergency 130
medical condition. If the patient is examined at a hospital 131
providing emergency medical ser vices by a professional qualified 132
to perform an involuntary examination and is found as a result 133
of that examination not to meet the criteria for involuntary 134
outpatient services pursuant to s. 394.4655(2) or involuntary 135
inpatient placement pursuant to s. 3 94.467(1), the patient may 136
be offered voluntary services or placement, if appropriate, or 137
released directly from the hospital providing emergency medical 138
services. The finding by the professional that the patient has 139
been examined and does not meet the cri teria for involuntary 140
inpatient services or involuntary outpatient placement must be 141
entered into the patient's clinical record. This paragraph is 142
not intended to prevent a hospital providing emergency medical 143
services from appropriately transferring a pat ient to another 144
hospital before stabilization if the requirements of s. 145
395.1041(3)(c) have been met. 146
Section 2. Paragraph (c) of subsection (2) of section 147
394.4599, Florida Statutes, is amended to read: 148
394.4599 Notice.— 149
(2) INVOLUNTARY ADMISSION. — 150
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 7 of 16
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
(c)1. A receiving facility shall give notice of the 151
whereabouts of a minor who is being involuntarily held for 152
examination pursuant to s. 394.463 to the minor's parent, 153
guardian, caregiver, or guardian advocate, in person or by 154
telephone or other form of electronic communication, immediately 155
after the minor's arrival at the facility. The facility may 156
delay notification for no more than 24 hours after the minor's 157
arrival if the facility has submitted a report to the central 158
abuse hotline, pursuant to s. 39.201, based upon knowledge or 159
suspicion of abuse, abandonment, or neglect and if the facility 160
deems a delay in notification to be in the minor's best 161
interest. 162
2. The receiving facility shall attempt to notify the 163
minor's parent, guardian, caregiver, o r guardian advocate until 164
the receiving facility receives confirmation from the parent, 165
guardian, caregiver, or guardian advocate, verbally, by 166
telephone or other form of electronic communication, or by 167
recorded message, that notification has been received . Attempts 168
to notify the parent, guardian, caregiver, or guardian advocate 169
must be repeated at least once every hour during the first 12 170
hours after the minor's arrival and once every 24 hours 171
thereafter and must continue until such confirmation is 172
received, unless the minor is released at the end of the 72 -hour 173
examination period, or until a petition for involuntary services 174
is filed with the court pursuant to s. 394.463(2)(f) s. 175
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 8 of 16
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
394.463(2)(g). The receiving facility may seek assistance from a 176
law enforcement agency to notify the minor's parent, guardian, 177
caregiver, or guardian advocate if the facility has not received 178
within the first 24 hours after the minor's arrival a 179
confirmation by the parent, guardian, caregiver, or guardian 180
advocate that notificatio n has been received. The receiving 181
facility must document notification attempts in the minor's 182
clinical record. 183
Section 3. Section 790.064, Florida Statutes, is repealed. 184
Section 4. Paragraph (a) of subsection (2) and subsection 185
(13) of section 790.065, Florida Statutes, are amended to read: 186
790.065 Sale and delivery of firearms. — 187
(2) Upon receipt of a request for a criminal history 188
record check, the Department of Law Enforcement shall, during 189
the licensee's call or by return call, forthwith: 190
(a) Review any records available to determine if the 191
potential buyer or transferee: 192
1. Has been convicted of a felony and is prohibited from 193
receipt or possession of a firearm pursuant to s. 790.23; 194
2. Has been convicted of a misdemeanor crime of domes tic 195
violence, and therefore is prohibited from purchasing a firearm; 196
3. Has had adjudication of guilt withheld or imposition of 197
sentence suspended on any felony or misdemeanor crime of 198
domestic violence unless 3 years have elapsed since probation or 199
any other conditions set by the court have been fulfilled or 200
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 9 of 16
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
expunction has occurred; or 201
4. Has been adjudicated mentally defective or has been 202
committed to a mental institution by a court or as provided in 203
sub-sub-subparagraph b.(II), and as a result is pro hibited by 204
state or federal law from purchasing a firearm. 205
a. As used in this subparagraph, "adjudicated mentally 206
defective" means a determination by a court that a person, as a 207
result of marked subnormal intelligence, or mental illness, 208
incompetency, condition, or disease, is a danger to himself or 209
herself or to others or lacks the mental capacity to contract or 210
manage his or her own affairs. The phrase includes a judicial 211
finding of incapacity under s. 744.331(6)(a), an acquittal by 212
reason of insanity o f a person charged with a criminal offense, 213
and a judicial finding that a criminal defendant is not 214
competent to stand trial. 215
b. As used in this subparagraph, "committed to a mental 216
institution" means: 217
(I) Involuntary commitment, commitment for mental 218
defectiveness or mental illness, and commitment for substance 219
abuse. The phrase includes involuntary inpatient placement as 220
defined in s. 394.467, involuntary outpatient placement as 221
defined in s. 394.4655, involuntary assessment and stabilization 222
under s. 397.6818, and involuntary substance abuse treatment 223
under s. 397.6957, but does not include a person in a mental 224
institution for observation or discharged from a mental 225
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 10 of 16
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
institution based upon the initial review by the physician or a 226
voluntary admission to a mental institution; or 227
(II) Notwithstanding sub -sub-subparagraph (I), voluntary 228
admission to a mental institution for outpatient or inpatient 229
treatment of a person who had an involuntary examination under 230
s. 394.463, where each of the following condit ions have been 231
met: 232
(A) An examining physician found that the person is an 233
imminent danger to himself or herself or others. 234
(B) The examining physician certified that if the person 235
did not agree to voluntary treatment, a petition for involuntary 236
outpatient or inpatient treatment would have been filed under s. 237
394.463(2)(f)4. s. 394.463(2)(g)4., or the examining physician 238
certified that a petition was filed and the person subsequently 239
agreed to voluntary treatment prior to a court hearing on the 240
petition. 241
(C) Before agreeing to voluntary treatment, the person 242
received written notice of that finding and certification, and 243
written notice that as a result of such finding, he or she may 244
be prohibited from purchasing a firearm, and may not be eligible 245
to apply for or retain a concealed weapon or firearms license 246
under s. 790.06 and the person acknowledged such notice in 247
writing, in substantially the following form: 248
"I understand that the doctor who examined me believes I am a 249
danger to myself or to others. I understand that if I do not 250
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 11 of 16
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
agree to voluntary treatment, a petition will be filed in court 251
to require me to receive involuntary treatment. I understand 252
that if that petition is filed, I have the right to contest it. 253
In the event a petition has been filed, I understand that I can 254
subsequently agree to voluntary treatment prior to a court 255
hearing. I understand that by agreeing to voluntary treatment in 256
either of these situations, I may be prohibited from buying 257
firearms and from applying for or retaining a c oncealed weapons 258
or firearms license until I apply for and receive relief from 259
that restriction under Florida law." 260
(D) A judge or a magistrate has, pursuant to sub -sub-261
subparagraph c.(II), reviewed the record of the finding, 262
certification, notice, and w ritten acknowledgment classifying 263
the person as an imminent danger to himself or herself or 264
others, and ordered that such record be submitted to the 265
department. 266
c. In order to check for these conditions, the department 267
shall compile and maintain an autom ated database of persons who 268
are prohibited from purchasing a firearm based on court records 269
of adjudications of mental defectiveness or commitments to 270
mental institutions. 271
(I) Except as provided in sub -sub-subparagraph (II), 272
clerks of court shall submit these records to the department 273
within 1 month after the rendition of the adjudication or 274
commitment. Reports shall be submitted in an automated format. 275
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 12 of 16
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
The reports must, at a minimum, include the name, along with any 276
known alias or former name, the sex, and the date of birth of 277
the subject. 278
(II) For persons committed to a mental institution 279
pursuant to sub-sub-subparagraph b.(II), within 24 hours after 280
the person's agreement to voluntary admission, a record of the 281
finding, certification, notice, and wri tten acknowledgment must 282
be filed by the administrator of the receiving or treatment 283
facility, as defined in s. 394.455, with the clerk of the court 284
for the county in which the involuntary examination under s. 285
394.463 occurred. No fee shall be charged for the filing under 286
this sub-sub-subparagraph. The clerk must present the records to 287
a judge or magistrate within 24 hours after receipt of the 288
records. A judge or magistrate is required and has the lawful 289
authority to review the records ex parte and, if the judge or 290
magistrate determines that the record supports the classifying 291
of the person as an imminent danger to himself or herself or 292
others, to order that the record be submitted to the department. 293
If a judge or magistrate orders the submittal of the recor d to 294
the department, the record must be submitted to the department 295
within 24 hours. 296
d. A person who has been adjudicated mentally defective or 297
committed to a mental institution, as those terms are defined in 298
this paragraph, may petition the court that m ade the 299
adjudication or commitment, or the court that ordered that the 300
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 13 of 16
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
record be submitted to the department pursuant to sub -sub-301
subparagraph c.(II), for relief from the firearm disabilities 302
imposed by such adjudication or commitment. A copy of the 303
petition shall be served on the state attorney for the county in 304
which the person was adjudicated or committed. The state 305
attorney may object to and present evidence relevant to the 306
relief sought by the petition. The hearing on the petition may 307
be open or closed as the petitioner may choose. The petitioner 308
may present evidence and subpoena witnesses to appear at the 309
hearing on the petition. The petitioner may confront and cross -310
examine witnesses called by the state attorney. A record of the 311
hearing shall be made b y a certified court reporter or by court -312
approved electronic means. The court shall make written findings 313
of fact and conclusions of law on the issues before it and issue 314
a final order. The court shall grant the relief requested in the 315
petition if the cour t finds, based on the evidence presented 316
with respect to the petitioner's reputation, the petitioner's 317
mental health record and, if applicable, criminal history 318
record, the circumstances surrounding the firearm disability, 319
and any other evidence in the rec ord, that the petitioner will 320
not be likely to act in a manner that is dangerous to public 321
safety and that granting the relief would not be contrary to the 322
public interest. If the final order denies relief, the 323
petitioner may not petition again for relief from firearm 324
disabilities until 1 year after the date of the final order. The 325
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 14 of 16
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
petitioner may seek judicial review of a final order denying 326
relief in the district court of appeal having jurisdiction over 327
the court that issued the order. The review shall be conducted 328
de novo. Relief from a firearm disability granted under this 329
sub-subparagraph has no effect on the loss of civil rights, 330
including firearm rights, for any reason other than the 331
particular adjudication of mental defectiveness or commitment to 332
a mental institution from which relief is granted. 333
e. Upon receipt of proper notice of relief from firearm 334
disabilities granted under sub -subparagraph d., the department 335
shall delete any mental health record of the person granted 336
relief from the automated da tabase of persons who are prohibited 337
from purchasing a firearm based on court records of 338
adjudications of mental defectiveness or commitments to mental 339
institutions. 340
f. The department is authorized to disclose data collected 341
pursuant to this subparagraph to agencies of the Federal 342
Government and other states for use exclusively in determining 343
the lawfulness of a firearm sale or transfer. The department is 344
also authorized to disclose this data to the Department of 345
Agriculture and Consumer Services for purposes of determining 346
eligibility for issuance of a concealed weapons or concealed 347
firearms license and for determining whether a basis exists for 348
revoking or suspending a previously issued license pursuant to 349
s. 790.06(10). When a potential buyer or transferee appeals a 350
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 15 of 16
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
nonapproval based on these records, the clerks of court and 351
mental institutions shall, upon request by the department, 352
provide information to help determ ine whether the potential 353
buyer or transferee is the same person as the subject of the 354
record. Photographs and any other data that could confirm or 355
negate identity must be made available to the department for 356
such purposes, notwithstanding any other provis ion of state law 357
to the contrary. Any such information that is made confidential 358
or exempt from disclosure by law shall retain such confidential 359
or exempt status when transferred to the department. 360
(13) A person younger than 21 years of age may not 361
purchase a firearm. The sale or transfer of a firearm to a 362
person younger than 21 years of age may not be made or 363
facilitated by a licensed importer, licensed manufacturer, or 364
licensed dealer. A person who violates this subsection commits a 365
felony of the third degree, punishable as provided in s. 366
775.082, s. 775.083, or s. 775.084. The prohibitions of this 367
subsection do not apply to the purchase of a rifle or shotgun by 368
a law enforcement officer or correctional officer, as those 369
terms are defined in s. 943.10(1) , (2), (3), (6), (7), (8), or 370
(9), or a servicemember as defined in s. 250.01. 371
Section 5. Paragraphs (c) and (d) of subsection (2) of 372
section 790.0655, Florida Statutes, are amended to read: 373
790.0655 Purchase and delivery of firearms; mandatory 374
waiting period; exceptions; penalties. — 375
HB 6013 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6013-00
Page 16 of 16
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
(2) The waiting period does not apply in the following 376
circumstances: 377
(c) To the purchase of a rifle or shotgun, upon a person's 378
successfully completing a minimum of a 16 -hour hunter safety 379
course and possessing a hun ter safety certification card issued 380
under s. 379.3581. A person who is exempt from the hunter safety 381
course requirements under s. 379.3581 and holds a valid Florida 382
hunting license is exempt from the mandatory waiting period 383
under this section for the pur chase of a rifle or shotgun. 384
(d) When a rifle or shotgun is being purchased by a law 385
enforcement officer or correctional officer, as those terms are 386
defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 387
servicemember as defined in s. 250.01. 388
Section 6. Section 790.222, Florida Statutes, is repealed. 389
Section 7. Section 790.401, Florida Statutes, is repealed. 390
Section 8. This act shall take effect upon becoming a law. 391