CS/HB 485 2024
CODING: Words stricken are deletions; words underlined are additions.
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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 the return of weapons and arms 2
following an arrest; amending s. 790.08, F.S.; 3
requiring weapons, electric weapons or devices, or 4
arms taken from a person pursuant to an arrest that 5
are not seized as evidence or seized and subject to 6
forfeiture to be returned to the person within a 7
certain timeframe if specified conditions are met; 8
authorizing a sheriff or chief of police to develop 9
procedures to ensure the timely return of such 10
weapons, electric weapons or devices, or arms; 11
prohibiting a sheriff or chief of police from 12
requiring a court order before releasing such weapons, 13
electric weapons or devices, or arms; providing an 14
exception; amending s . 933.14, F.S.; deleting a 15
requirement for an order of a trial court judge to 16
return a pistol or firearm taken by an officer for a 17
breach of the peace; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Subsection (1) of section 790.08, Florida 22
Statutes, is amended to read: 23
790.08 Taking possession of weapons and arms; reports; 24
disposition; custody. — 25
CS/HB 485 2024
CODING: Words stricken are deletions; words underlined are additions.
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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
(1)(a) Every officer making an arrest under s. 790.07, or 26
under any other law or municipal ordinan ce within the state, 27
shall take possession of any weapons, electric weapons or 28
devices, or arms mentioned in s. 790.07 found upon the person 29
arrested and deliver them to the sheriff of the county , or the 30
chief of police of the municipality wherein the arre st is made, 31
who shall retain the same until after the trial of the person 32
arrested. 33
(b) Any weapons, electric weapons or devices, or arms that 34
are taken from a person under paragraph (a) that are not seized 35
as evidence or seized and subject to forfeiture under ss. 36
932.701–932.7062 must be returned upon request to the person 37
from whom the weapons, electric weapons or devices, or arms were 38
taken within 30 days after such request is made if he or she 39
meets all of the following criteria: 40
1. The person has b een released from detention. 41
2. The person provides a form of government -issued 42
photographic identification. 43
3. If requesting the return of a firearm, a completed 44
criminal history background check confirms that the person is 45
not prohibited from possess ing a firearm under state or federal 46
law, including not having any prohibition arising from an 47
injunction, a risk protection order, or any other court order 48
prohibiting the person from possessing a firearm. 49
(c) The sheriff or chief of police may develop reasonable 50
CS/HB 485 2024
CODING: Words stricken are deletions; words underlined are additions.
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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
procedures to ensure the timely return of weapons, electric 51
weapons or devices, or arms which are not inconsistent with this 52
subsection. 53
(d) The sheriff or chief of police may not require a court 54
order to release weapons, electric weapons or d evices, or arms 55
that are not seized as evidence in a criminal proceeding unless 56
there are competing claims of ownership of such weapons, 57
electric weapons or devices, or arms. 58
Section 2. Subsection (3) of section 933.14, Florida 59
Statutes, is amended to read: 60
933.14 Return of property taken under search warrant. — 61
(3) No pistol or firearm taken by any officer with a 62
search warrant or without a search warrant upon a view by the 63
officer of a breach of the peace shall be returned except 64
pursuant to an order of a trial court judge. 65
Section 3. This act shall take effect July 1, 2024. 66