| 19 | | - | are not seized as evidence or seized and subject to 6 |
|---|
| 20 | | - | forfeiture to be returned to the person within a 7 |
|---|
| 21 | | - | certain timeframe if specified conditions are met; 8 |
|---|
| 22 | | - | authorizing a sheriff or chief of police to develop 9 |
|---|
| 23 | | - | procedures to ensure the timely return of such 10 |
|---|
| 24 | | - | weapons, electric weapons or devices, or arms; 11 |
|---|
| 25 | | - | prohibiting a sheriff or chief of police from 12 |
|---|
| 26 | | - | requiring a court order before releasing such weapons, 13 |
|---|
| 27 | | - | electric weapons or devices, or arms; providing an 14 |
|---|
| 28 | | - | exception; amending s . 933.14, F.S.; deleting a 15 |
|---|
| 29 | | - | requirement for an order of a trial court judge to 16 |
|---|
| 30 | | - | return a pistol or firearm taken by an officer for a 17 |
|---|
| 31 | | - | breach of the peace; providing an effective date. 18 |
|---|
| 32 | | - | 19 |
|---|
| 33 | | - | Be It Enacted by the Legislature of the State of Florida: 20 |
|---|
| 34 | | - | 21 |
|---|
| 35 | | - | Section 1. Subsection (1) of section 790.08, Florida 22 |
|---|
| 36 | | - | Statutes, is amended to read: 23 |
|---|
| 37 | | - | 790.08 Taking possession of weapons and arms; reports; 24 |
|---|
| 38 | | - | disposition; custody. — 25 |
|---|
| 19 | + | are not seized as evidence to be returned to the 6 |
|---|
| 20 | + | person from whom they were taken if specified 7 |
|---|
| 21 | + | conditions are met; authorizing a sheriff or chief of 8 |
|---|
| 22 | + | police to develop procedures to ensure the timely 9 |
|---|
| 23 | + | return of certain weapons, electric weapons or 10 |
|---|
| 24 | + | devices, or arms; prohibiting a sheriff or chief of 11 |
|---|
| 25 | + | police from requiring a court order before releasing 12 |
|---|
| 26 | + | certain weapons, electric weapons or devices, or arms; 13 |
|---|
| 27 | + | providing an exception; providing an effective date. 14 |
|---|
| 28 | + | 15 |
|---|
| 29 | + | Be It Enacted by the Legislature of the State of Florida: 16 |
|---|
| 30 | + | 17 |
|---|
| 31 | + | Section 1. Subsection (1) of section 790.08, Florida 18 |
|---|
| 32 | + | Statutes, is amended to read: 19 |
|---|
| 33 | + | 790.08 Taking possession of weapons and arms; reports; 20 |
|---|
| 34 | + | disposition; custody. — 21 |
|---|
| 35 | + | (1)(a) Every officer making an arrest under s. 790.07, or 22 |
|---|
| 36 | + | under any other law or municipal ordinance within the state, 23 |
|---|
| 37 | + | shall take possession of any weapons, electric weapons or 24 |
|---|
| 38 | + | devices, or arms mentioned in s. 790.07 found upon the person 25 |
|---|
| 51 | | - | (1)(a) Every officer making an arrest under s. 790.07, or 26 |
|---|
| 52 | | - | under any other law or municipal ordinan ce within the state, 27 |
|---|
| 53 | | - | shall take possession of any weapons, electric weapons or 28 |
|---|
| 54 | | - | devices, or arms mentioned in s. 790.07 found upon the person 29 |
|---|
| 55 | | - | arrested and deliver them to the sheriff of the county , or the 30 |
|---|
| 56 | | - | chief of police of the municipality wherein the arre st is made, 31 |
|---|
| 57 | | - | who shall retain the same until after the trial of the person 32 |
|---|
| 58 | | - | arrested. 33 |
|---|
| 59 | | - | (b) Any weapons, electric weapons or devices, or arms that 34 |
|---|
| 60 | | - | are taken from a person under paragraph (a) that are not seized 35 |
|---|
| 61 | | - | as evidence or seized and subject to forfeiture under ss. 36 |
|---|
| 62 | | - | 932.701–932.7062 must be returned upon request to the person 37 |
|---|
| 63 | | - | from whom the weapons, electric weapons or devices, or arms were 38 |
|---|
| 64 | | - | taken within 30 days after such request is made if he or she 39 |
|---|
| 65 | | - | meets all of the following criteria: 40 |
|---|
| 66 | | - | 1. The person has b een released from detention. 41 |
|---|
| 67 | | - | 2. The person provides a form of government -issued 42 |
|---|
| 68 | | - | photographic identification. 43 |
|---|
| 69 | | - | 3. If requesting the return of a firearm, a completed 44 |
|---|
| 70 | | - | criminal history background check confirms that the person is 45 |
|---|
| 71 | | - | not prohibited from possess ing a firearm under state or federal 46 |
|---|
| 72 | | - | law, including not having any prohibition arising from an 47 |
|---|
| 73 | | - | injunction, a risk protection order, or any other court order 48 |
|---|
| 74 | | - | prohibiting the person from possessing a firearm. 49 |
|---|
| 75 | | - | (c) The sheriff or chief of police may develop reasonable 50 |
|---|
| 51 | + | arrested and deliver them to the sheriff of the county, or the 26 |
|---|
| 52 | + | chief of police of the municipality wherein the arrest is made , 27 |
|---|
| 53 | + | who shall retain the same until after the trial of the person 28 |
|---|
| 54 | + | arrested. 29 |
|---|
| 55 | + | (b) Any weapons, electric weapons or devices, or arms that 30 |
|---|
| 56 | + | are taken from a person under paragra ph (a) that are not seized 31 |
|---|
| 57 | + | as evidence must be returned upon request to the person from 32 |
|---|
| 58 | + | whom the weapons, electric weapons or devices, or arms were 33 |
|---|
| 59 | + | taken if the person meets all of the following criteria: 34 |
|---|
| 60 | + | 1. The person has been released from detention. 35 |
|---|
| 61 | + | 2. The person provides a form of government -issued 36 |
|---|
| 62 | + | photographic identification. 37 |
|---|
| 63 | + | 3. If requesting the return of a firearm, a completed 38 |
|---|
| 64 | + | criminal history background check confirms the person is not 39 |
|---|
| 65 | + | prohibited from possessing a firearm under state or federa l law, 40 |
|---|
| 66 | + | including not having any prohibition arising from an injunction, 41 |
|---|
| 67 | + | a risk protection order, or any other court order prohibiting 42 |
|---|
| 68 | + | the person from possessing a firearm. 43 |
|---|
| 69 | + | (c) The sheriff or chief of police may develop reasonable 44 |
|---|
| 70 | + | procedures to ensure the timely return of weapons, electric 45 |
|---|
| 71 | + | weapons or devices, or arms which are not inconsistent with this 46 |
|---|
| 72 | + | subsection. 47 |
|---|
| 73 | + | (d) The sheriff or chief of police may not require a court 48 |
|---|
| 74 | + | order to release weapons, electric weapons or devices, or arms 49 |
|---|
| 75 | + | that are not seized as evidence in a criminal proceeding unless 50 |
|---|
| 88 | | - | procedures to ensure the timely return of weapons, electric 51 |
|---|
| 89 | | - | weapons or devices, or arms which are not inconsistent with this 52 |
|---|
| 90 | | - | subsection. 53 |
|---|
| 91 | | - | (d) The sheriff or chief of police may not require a court 54 |
|---|
| 92 | | - | order to release weapons, electric weapons or d evices, or arms 55 |
|---|
| 93 | | - | that are not seized as evidence in a criminal proceeding unless 56 |
|---|
| 94 | | - | there are competing claims of ownership of such weapons, 57 |
|---|
| 95 | | - | electric weapons or devices, or arms. 58 |
|---|
| 96 | | - | Section 2. Subsection (3) of section 933.14, Florida 59 |
|---|
| 97 | | - | Statutes, is amended to read: 60 |
|---|
| 98 | | - | 933.14 Return of property taken under search warrant. — 61 |
|---|
| 99 | | - | (3) No pistol or firearm taken by any officer with a 62 |
|---|
| 100 | | - | search warrant or without a search warrant upon a view by the 63 |
|---|
| 101 | | - | officer of a breach of the peace shall be returned except 64 |
|---|
| 102 | | - | pursuant to an order of a trial court judge. 65 |
|---|
| 103 | | - | Section 3. This act shall take effect July 1, 2024. 66 |
|---|
| 88 | + | there are competing claims of ownership of such weapons, 51 |
|---|
| 89 | + | electric weapons or devices, or arms. 52 |
|---|
| 90 | + | Section 2. This act shall take effect July 1, 2024. 53 |
|---|