HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 1 of 21
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 outpatient mental health services; 2
amending s. 394.455, F.S.; revising and providing 3
definitions; amending s. 394.4655, F.S.; authorizing a 4
court to order a respondent into outpatient treatment 5
for a specified amount of time under certain 6
circumstances; providing criteria for involuntary 7
outpatient treatment; requiring monitoring of the 8
respondent for the duration of his or her treatment; 9
requiring the court to retain jurisdiction over the 10
case and parties under certain circumstances; 11
authorizing certain courts exercising original 12
jurisdiction to order certain respondents into 13
involuntary outpatient services; prohibiting such 14
court from using incarceration as a sanction for 15
noncompliance with the outpatient treatment plan; 16
amending s. 394.467, F.S.; revising criteria for 17
involuntary inpatient placement; amending ss. 18
394.4599, 394.4615, 394.463, 394.467, 394.495, 19
394.496, 394.9085, 409.972, 464.0 12, 744.2007, and 20
790.065, F.S.; conforming provisions and cross -21
references to changes made by the act; providing an 22
effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 2 of 21
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
26
Section 1. Subsections (32) through (39) and (40) throu gh 27
(50) of section 394.455, Florida Statutes, are renumbered as 28
subsections (33) through (40) and (42) through (52), 29
respectively, subsection (23) is amended, and new subsections 30
(32) and (41) are added to that section, to read: 31
394.455 Definitions. —As used in this part, the term: 32
(23) "Involuntary examination" means an examination 33
performed under s. 394.463, s. 397.6772, s. 397.679, s. 34
397.6798, or s. 397.6957 s. 397.6811 to determine whether a 35
person qualifies for involuntary services. 36
(32) "Neglect or refuse to care for himself or herself" 37
means a refusal to accept treatment and includes, but is not 38
limited to, evidence that a person: 39
(a) Is, for a reason other than indigence, unable to 40
satisfy basic needs for nourishment, clothing, medical care, 41
shelter, or safety, thereby creating a substantial probability 42
of imminent death, serious physical debilitation, or disease; or 43
(b) Is substantially unable to make an informed treatment 44
choice, after an explanation of the advantages and disadvantages 45
of, and alternatives to, treatment, and needs care or treatment 46
to prevent deterioration. However, the following do not 47
constitute a refusal to accept treatment: 48
1. A willingness to take medication appropriate for the 49
person's condition, but a reasonable di sagreement about type or 50
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 3 of 21
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
dosage; 51
2. A good faith effort to follow a reasonable treatment 52
plan; 53
3. An inability to obtain access to appropriate treatment 54
because of inadequate health care coverage or an insurer's 55
refusal or delay in providing coverage f or treatment; or 56
4. An inability to obtain access to needed services 57
because the provider has no available treatment beds or 58
qualified professionals, the provider only accepts patients 59
under court order, or the provider gives persons under court 60
order priority over voluntary patients in obtaining treatment 61
and services. 62
(41) "Real and present threat of substantial harm" 63
includes, but is not limited to, evidence of a substantial 64
probability that the untreated person will: 65
(a) Lack, refuse, or not recei ve services for health and 66
safety which are actually available in the community; or 67
(b) Suffer severe mental, emotional, or physical harm that 68
will result in the loss of his or her ability to function in the 69
community or in the loss of cognitive or volitional control over 70
his or her thoughts or actions. 71
Section 2. Section 394.4655, Florida Statutes, is amended 72
to read: 73
(Substantial rewording of section. See 74
s. 394.4655, F.S., for present text.) 75
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 4 of 21
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
394.4655 Involuntary outpatient services. — 76
(1)(a) A court may order a respondent into outpatient 77
treatment for up to 6 months if, during the initial hearing 78
under s. 394.467 or a subsequent hearing before a respondent's 79
anticipated discharge from inpatient placement, at the request 80
of the facility, and providing at least 1 week notice to the 81
court and the parties of its belief that the respondent would 82
benefit from involuntary outpatient services, it is established 83
that the respondent meets the involuntary placement criteria and 84
all of the following: 85
1. The respondent has been incarcerated, has been 86
involuntarily admitted to a receiving facility or treatment 87
facility as defined in s. 394.455, or has received mental health 88
services in a forensic or correctional facility at least twice 89
during the previous 36 months. 90
2. The outpatient treatment is provided and available in 91
the county in which the respondent resides or will reside if he 92
or she is being placed from a state treatment facility. 93
3. The respondent's treating physician certifies, within a 94
reasonable degree of medical probability, that the respondent: 95
a. May be appropriately treated on an outpatient basis. 96
b. Is able to follow and benefit from the prescribed 97
treatment plan. 98
(b) For the duration of his or her treatment, the 99
respondent must be monitored by a social worker or case manager 100
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 5 of 21
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
of the outpatient treatment provider, or a willing, able, and 101
responsible individual appointed by the court who must inform 102
the court, state attorney, and respondent's counsel of any 103
failure by the responde nt to comply with his or her outpatient 104
program. 105
(2) The court shall, if required, retain jurisdiction over 106
the case and parties for the entry of further orders after a 107
hearing. Such jurisdiction includes, but is not limited to, 108
ordering inpatient treatm ent to stabilize a respondent who 109
decompensates while under court -ordered treatment and meets the 110
commitment criteria of s. 394.467(1), and extending, modifying, 111
or ending outpatient services. For a court to extend, modify, or 112
end outpatient services, the appropriate motion must be filed 113
with the court before the operating order expires, and the court 114
shall schedule a hearing as soon as practicable to determine 115
whether the respondent still meets the commitment criteria and 116
assess the appropriateness of any treatment modification. 117
(3) A criminal county court exercising its original 118
jurisdiction in a misdemeanor case under s. 34.01 may order into 119
involuntary outpatient services a respondent who meets the 120
commitment criteria. The court may not use incarcerati on as a 121
sanction for noncompliance with the outpatient treatment plan, 122
but it may order an evaluation for possible inpatient placement 123
if there is significant, or multiple instances of, 124
noncompliance. 125
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 6 of 21
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
Section 3. Paragraph (a) of subsection (1) of secti on 126
394.467, Florida Statutes, is amended to read: 127
394.467 Involuntary inpatient placement. — 128
(1) CRITERIA.—A person may be ordered for involuntary 129
inpatient placement for treatment upon a finding of the court by 130
clear and convincing evidence that: 131
(a) He or she has a mental illness and because of his or 132
her mental illness: 133
1.a. He or she has refused voluntary inpatient placement 134
for treatment after sufficient and conscientious explanation and 135
disclosure of the purpose of inpatient placement for treat ment; 136
or 137
b. He or she is unable to determine for himself or herself 138
whether inpatient placement is necessary; and 139
2.a. He or she is incapable of surviving alone or with the 140
help of willing and responsible family or friends, including 141
available alternative services, and, without treatment, is 142
likely to suffer from neglect or refuse to care for himself or 143
herself, and such neglect or refusal poses a real and present 144
threat of substantial harm to his or her well -being; or 145
b. There is substantial likeliho od that in the near 146
future, and without services, he or she will inflict serious 147
bodily harm to on self or others, as evidenced by recent acts, 148
omissions, or behavior causing, attempting, or threatening such 149
harm, including, but not limited to, significant property 150
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 7 of 21
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
damage; and 151
Section 4. Paragraph (d) of subsection (2) of section 152
394.4599, Florida Statutes, is amended to read: 153
394.4599 Notice.— 154
(2) INVOLUNTARY ADMISSION. — 155
(d) The written notice of the filing of the petition for 156
involuntary services for an individual being held must contain 157
the following: 158
1. Notice that the petition for: 159
a. Involuntary inpatient treatment pursuant to s. 394.467 160
has been filed with the circuit court in the county in which the 161
individual is hospitalized and the ad dress of such court; or 162
b. Involuntary outpatient services pursuant to s. 394.4655 163
has been filed with the criminal county court, as provided under 164
s. 394.4655 defined in s. 394.4655(1) , or the circuit court, as 165
applicable, in the county in which the ind ividual is 166
hospitalized and the address of such court. 167
2. Notice that the office of the public defender has been 168
appointed to represent the individual in the proceeding, if the 169
individual is not otherwise represented by counsel. 170
3. The date, time, and place of the hearing and the name 171
of each examining expert and every other person expected to 172
testify in support of continued detention. 173
4. Notice that the individual, the individual's guardian, 174
guardian advocate, health care surrogate or proxy, or 175
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 8 of 21
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
representative, or the administrator may apply for a change of 176
venue for the convenience of the parties or witnesses or because 177
of the condition of the individual. 178
5. Notice that the individual is entitled to an 179
independent expert examination and, if the indi vidual cannot 180
afford such an examination, that the court will provide for one. 181
Section 5. Subsection (3) of section 394.4615, Florida 182
Statutes, is amended to read: 183
394.4615 Clinical records; confidentiality. — 184
(3) Information from the clinical recor d may be released 185
in the following circumstances: 186
(a) When a patient has communicated to a service provider 187
a specific threat to cause serious bodily injury or death to an 188
identified or a readily available person, if the service 189
provider reasonably belie ves, or should reasonably believe 190
according to the standards of his or her profession, that the 191
patient has the apparent intent and ability to imminently or 192
immediately carry out such threat. When such communication has 193
been made, the administrator may aut horize the release of 194
sufficient information to provide adequate warning to the person 195
threatened with harm by the patient. 196
(b) When the administrator of the facility or secretary of 197
the department deems release to a qualified researcher as 198
defined in administrative rule, an aftercare treatment provider, 199
or an employee or agent of the department is necessary for 200
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 9 of 21
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
treatment of the patient, maintenance of adequate records, 201
compilation of treatment data, aftercare planning, or evaluation 202
of programs. 203
204
For the purpose of determining whether a person meets the 205
criteria for involuntary outpatient placement or for preparing 206
the proposed treatment plan pursuant to s. 394.4655, the 207
clinical record may be released to the state attorney, the 208
public defender or the pat ient's private legal counsel, the 209
court, and to the appropriate mental health professionals, 210
including the service provider identified in s. 211
394.4655(7)(b)2., in accordance with state and federal law. 212
Section 6. Paragraph (g) of subsection (2) of section 213
394.463, Florida Statutes, is amended to read: 214
394.463 Involuntary examination. — 215
(2) INVOLUNTARY EXAMINATION. — 216
(g) The examination period must be for up to 72 hours. For 217
a minor, the examination shall be initiated within 12 hours 218
after the patient's arrival at the facility. Within the 219
examination period, one of the following actions must be taken, 220
based on the individual needs of the patient: 221
1. The patient shall be released, unless he or she is 222
charged with a crime, in which case the patien t shall be 223
returned to the custody of a law enforcement officer; 224
2. The patient shall be released, subject to subparagraph 225
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 10 of 21
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., for voluntary outpatient treatment; 226
3. The patient, unless he or she is charged with a crime, 227
shall be asked to give express and informed consent to placement 228
as a voluntary patient and, if such consent is given, the 229
patient shall be admitted as a voluntary patient; or 230
4. A petition for involuntary services shall be filed in 231
the circuit court if inpatient treatment is deemed n ecessary or 232
with the criminal county court, as defined in s. 394.4655(1), as 233
applicable. When inpatient treatment is deemed necessary, the 234
least restrictive treatment consistent with the optimum 235
improvement of the patient's condition shall be made availabl e. 236
When a petition is to be filed for involuntary outpatient 237
placement, it shall be filed by one of the petitioners specified 238
in s. 394.4655(4)(a). A petition for involuntary inpatient 239
placement shall be filed by the facility administrator. If a 240
patient's 72-hour examination period ends on a weekend or 241
holiday, and the receiving facility: 242
a. Intends to file a petition for involuntary services, 243
such patient may be held at a receiving facility through the 244
next working day thereafter and such petition for in voluntary 245
services must be filed no later than such date. If the receiving 246
facility fails to file a petition for involuntary services at 247
the close of the next working day, the patient shall be released 248
from the receiving facility following approval pursuan t to 249
paragraph (f). 250
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 11 of 21
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
b. Does not intend to file a petition for involuntary 251
services, a receiving facility may postpone release of a patient 252
until the next working day thereafter only if a qualified 253
professional documents that adequate discharge planning a nd 254
procedures in accordance with s. 394.468, and approval pursuant 255
to paragraph (f), are not possible until the next working day. 256
Section 7. Paragraph (c) of subsection (6) of section 257
394.467, Florida Statutes, is amended to read: 258
394.467 Involuntary inpatient placement. — 259
(6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT. — 260
(c) If at any time before the conclusion of the hearing on 261
involuntary inpatient placement it appears to the court that the 262
person does not meet the criteria for involuntary inpati ent 263
placement under this section, but instead meets the criteria for 264
involuntary outpatient services, the court may order the person 265
evaluated for involuntary outpatient services pursuant to s. 266
394.4655. The petition and hearing procedures set forth in s. 267
394.4655 shall apply. If the person instead meets the criteria 268
for involuntary assessment, protective custody, or involuntary 269
admission pursuant to s. 397.675, then the court may order the 270
person to be admitted for involuntary assessment for a period of 271
5 days pursuant to s. 397.6811. Thereafter, all proceedings are 272
governed by chapter 397. 273
Section 8. Paragraphs (a) and (c) of subsection (3) of 274
section 394.495, Florida Statutes, are amended to read: 275
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 12 of 21
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
394.495 Child and adolescent mental health system of care; 276
programs and services. — 277
(3) Assessments must be performed by: 278
(a) A professional as defined in s. 394.455(5), (7), (34) 279
(33), (37) (36), or (38) (37); 280
(c) A person who is under the direct supervision of a 281
qualified professional as defined in s. 394.455(5), (7), (34) 282
(33), (37) (36), or (38) (37) or a professional licensed under 283
chapter 491. 284
Section 9. Subsection (5) of section 394.496, Florida 285
Statutes, is amended to read: 286
394.496 Service planning. — 287
(5) A professional as defined in s. 394.455(5), (7), (34) 288
(33), (37) (36), or (38) (37) or a professional licensed under 289
chapter 491 must be included among those persons developing the 290
services plan. 291
Section 10. Subsection (6) of section 394.9085, Florida 292
Statutes, is amended to read: 293
394.9085 Behavioral provider liability. — 294
(6) For purposes of this section, the terms 295
"detoxification services," "addictions receiving facility," and 296
"receiving facility" have the same meanings as those provided in 297
ss. 397.311(26)(a)3., 397.311(26)(a)1., and 394.455 394.455(40), 298
respectively. 299
Section 11. Paragraph (b) of subsection (1) of section 300
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 13 of 21
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
409.972, Florida Statutes, is amended to read: 301
409.972 Mandatory and voluntary enrollment. — 302
(1) The following Medicaid -eligible persons are exempt 303
from mandatory managed care enrollment required by s. 409.965, 304
and may voluntarily choose to participate in the managed medical 305
assistance program: 306
(b) Medicaid recipien ts residing in residential commitment 307
facilities operated through the Department of Juvenile Justice 308
or a treatment facility as defined in s. 394.455 s. 394.455(49). 309
Section 12. Paragraph (e) of subsection (4) of section 310
464.012, Florida Statutes, is a mended to read: 311
464.012 Licensure of advanced practice registered nurses; 312
fees; controlled substance prescribing. — 313
(4) In addition to the general functions specified in 314
subsection (3), an advanced practice registered nurse may 315
perform the following act s within his or her specialty: 316
(e) A psychiatric nurse, who meets the requirements in s. 317
394.455 s. 394.455(36), within the framework of an established 318
protocol with a psychiatrist, may prescribe psychotropic 319
controlled substances for the treatment of me ntal disorders. 320
Section 13. Subsection (7) of section 744.2007, Florida 321
Statutes, is amended to read: 322
744.2007 Powers and duties. — 323
(7) A public guardian may not commit a ward to a treatment 324
facility, as defined in s. 394.455 s. 394.455(49), without an 325
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 14 of 21
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
involuntary placement proceeding as provided by law. 326
Section 14. Paragraph (a) of subsection (2) of section 327
790.065, Florida Statutes, is amended to read: 328
790.065 Sale and delivery of firearms. — 329
(2) Upon receipt of a request for a criminal hist ory 330
record check, the Department of Law Enforcement shall, during 331
the licensee's call or by return call, forthwith: 332
(a) Review any records available to determine if the 333
potential buyer or transferee: 334
1. Has been convicted of a felony and is prohibited from 335
receipt or possession of a firearm pursuant to s. 790.23; 336
2. Has been convicted of a misdemeanor crime of domestic 337
violence, and therefore is prohibited from purchasing a firearm; 338
3. Has had adjudication of guilt withheld or imposition of 339
sentence suspended on any felony or misdemeanor crime of 340
domestic violence unless 3 years have elapsed since probation or 341
any other conditions set by the court have been fulfilled or 342
expunction has occurred; or 343
4. Has been adjudicated mentally defective or has b een 344
committed to a mental institution by a court or as provided in 345
sub-sub-subparagraph b.(II), and as a result is prohibited by 346
state or federal law from purchasing a firearm. 347
a. As used in this subparagraph, "adjudicated mentally 348
defective" means a det ermination by a court that a person, as a 349
result of marked subnormal intelligence, or mental illness, 350
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 15 of 21
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
incompetency, condition, or disease, is a danger to himself or 351
herself or to others or lacks the mental capacity to contract or 352
manage his or her own affa irs. The phrase includes a judicial 353
finding of incapacity under s. 744.331(6)(a), an acquittal by 354
reason of insanity of a person charged with a criminal offense, 355
and a judicial finding that a criminal defendant is not 356
competent to stand trial. 357
b. As used in this subparagraph, "committed to a mental 358
institution" means: 359
(I) Involuntary commitment, commitment for mental 360
defectiveness or mental illness, and commitment for substance 361
abuse. The phrase includes involuntary inpatient placement as 362
defined in s. 394.467, involuntary outpatient placement as 363
described defined in s. 394.4655, involuntary assessment and 364
stabilization under s. 397.6818, and involuntary substance abuse 365
treatment under s. 397.6957, but does not include a person in a 366
mental institution fo r observation or discharged from a mental 367
institution based upon the initial review by the physician or a 368
voluntary admission to a mental institution; or 369
(II) Notwithstanding sub -sub-subparagraph (I), voluntary 370
admission to a mental institution for outpatient or inpatient 371
treatment of a person who had an involuntary examination under 372
s. 394.463, where each of the following conditions have been 373
met: 374
(A) An examining physician found that the person is an 375
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 16 of 21
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
imminent danger to himself or herself or other s. 376
(B) The examining physician certified that if the person 377
did not agree to voluntary treatment, a petition for involuntary 378
outpatient or inpatient treatment would have been filed under s. 379
394.463(2)(g)4., or the examining physician certified that a 380
petition was filed and the person subsequently agreed to 381
voluntary treatment prior to a court hearing on the petition. 382
(C) Before agreeing to voluntary treatment, the person 383
received written notice of that finding and certification, and 384
written notice that as a result of such finding, he or she may 385
be prohibited from purchasing a firearm, and may not be eligible 386
to apply for or retain a concealed weapon or firearms license 387
under s. 790.06 and the person acknowledged such notice in 388
writing, in substantially t he following form: 389
"I understand that the doctor who examined me believes I am a 390
danger to myself or to others. I understand that if I do not 391
agree to voluntary treatment, a petition will be filed in court 392
to require me to receive involuntary treatment. I understand 393
that if that petition is filed, I have the right to contest it. 394
In the event a petition has been filed, I understand that I can 395
subsequently agree to voluntary treatment prior to a court 396
hearing. I understand that by agreeing to voluntary treatm ent in 397
either of these situations, I may be prohibited from buying 398
firearms and from applying for or retaining a concealed weapons 399
or firearms license until I apply for and receive relief from 400
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 17 of 21
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
that restriction under Florida law." 401
(D) A judge or a magistr ate has, pursuant to sub -sub-402
subparagraph c.(II), reviewed the record of the finding, 403
certification, notice, and written acknowledgment classifying 404
the person as an imminent danger to himself or herself or 405
others, and ordered that such record be submitted to the 406
department. 407
c. In order to check for these conditions, the department 408
shall compile and maintain an automated database of persons who 409
are prohibited from purchasing a firearm based on court records 410
of adjudications of mental defectiveness or commi tments to 411
mental institutions. 412
(I) Except as provided in sub -sub-subparagraph (II), 413
clerks of court shall submit these records to the department 414
within 1 month after the rendition of the adjudication or 415
commitment. Reports shall be submitted in an automa ted format. 416
The reports must, at a minimum, include the name, along with any 417
known alias or former name, the sex, and the date of birth of 418
the subject. 419
(II) For persons committed to a mental institution 420
pursuant to sub-sub-subparagraph b.(II), within 24 hours after 421
the person's agreement to voluntary admission, a record of the 422
finding, certification, notice, and written acknowledgment must 423
be filed by the administrator of the receiving or treatment 424
facility, as defined in s. 394.455, with the clerk of the court 425
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 18 of 21
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 the county in which the involuntary examination under s. 426
394.463 occurred. No fee shall be charged for the filing under 427
this sub-sub-subparagraph. The clerk must present the records to 428
a judge or magistrate within 24 hours after receipt of the 429
records. A judge or magistrate is required and has the lawful 430
authority to review the records ex parte and, if the judge or 431
magistrate determines that the record supports the classifying 432
of the person as an imminent danger to himself or herself or 433
others, to order that the record be submitted to the department. 434
If a judge or magistrate orders the submittal of the record to 435
the department, the record must be submitted to the department 436
within 24 hours. 437
d. A person who has been adjudicated mentally defective or 438
committed to a mental institution, as those terms are defined in 439
this paragraph, may petition the court that made the 440
adjudication or commitment, or the court that ordered that the 441
record be submitted to the department pursuant to sub -sub-442
subparagraph c.(II), for relief from the firearm disabilities 443
imposed by such adjudication or commitment. A copy of the 444
petition shall be served on the state attorney for the county in 445
which the person was adjudicated or committed. The state 446
attorney may object to and present evidence relevant to the 447
relief sought by the petition. The hearing on the petition may 448
be open or closed as the petitioner may choose. The petitioner 449
may present evidence and subpoena witnesses to appear at the 450
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 19 of 21
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
hearing on the petition. The petitio ner may confront and cross -451
examine witnesses called by the state attorney. A record of the 452
hearing shall be made by a certified court reporter or by court -453
approved electronic means. The court shall make written findings 454
of fact and conclusions of law on th e issues before it and issue 455
a final order. The court shall grant the relief requested in the 456
petition if the court finds, based on the evidence presented 457
with respect to the petitioner's reputation, the petitioner's 458
mental health record and, if applicable , criminal history 459
record, the circumstances surrounding the firearm disability, 460
and any other evidence in the record, that the petitioner will 461
not be likely to act in a manner that is dangerous to public 462
safety and that granting the relief would not be co ntrary to the 463
public interest. If the final order denies relief, the 464
petitioner may not petition again for relief from firearm 465
disabilities until 1 year after the date of the final order. The 466
petitioner may seek judicial review of a final order denying 467
relief in the district court of appeal having jurisdiction over 468
the court that issued the order. The review shall be conducted 469
de novo. Relief from a firearm disability granted under this 470
sub-subparagraph has no effect on the loss of civil rights, 471
including firearm rights, for any reason other than the 472
particular adjudication of mental defectiveness or commitment to 473
a mental institution from which relief is granted. 474
e. Upon receipt of proper notice of relief from firearm 475
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 20 of 21
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
disabilities granted under sub -subparagraph d., the department 476
shall delete any mental health record of the person granted 477
relief from the automated database of persons who are prohibited 478
from purchasing a firearm based on court records of 479
adjudications of mental defectiveness or commitments to mental 480
institutions. 481
f. The department is authorized to disclose data collected 482
pursuant to this subparagraph to agencies of the Federal 483
Government and other states for use exclusively in determining 484
the lawfulness of a firearm sale or transfer. The d epartment is 485
also authorized to disclose this data to the Department of 486
Agriculture and Consumer Services for purposes of determining 487
eligibility for issuance of a concealed weapons or concealed 488
firearms license and for determining whether a basis exists f or 489
revoking or suspending a previously issued license pursuant to 490
s. 790.06(10). When a potential buyer or transferee appeals a 491
nonapproval based on these records, the clerks of court and 492
mental institutions shall, upon request by the department, 493
provide information to help determine whether the potential 494
buyer or transferee is the same person as the subject of the 495
record. Photographs and any other data that could confirm or 496
negate identity must be made available to the department for 497
such purposes, notwith standing any other provision of state law 498
to the contrary. Any such information that is made confidential 499
or exempt from disclosure by law shall retain such confidential 500
HB 915 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0915-00
Page 21 of 21
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
or exempt status when transferred to the department. 501
Section 15. This act shall ta ke effect July 1, 2024. 502