HB 1675 2024
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hb1675-00
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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 risk protection orders; amending s. 2
394.463, F.S.; requiring, rather than authorizing, law 3
enforcement officers taking custody of a person for 4
involuntary examination to seize firearms and 5
ammunition from that person if certain criteria are 6
met; requiring law enforcement officers to request the 7
voluntary surrender of a person's firearms or 8
ammunition not already seized by law enforcement; 9
requiring, rather than authorizing, law enforcement 10
officers to petition the appropriate courts for a risk 11
protection order under certain circumstances after 12
taking custody of a person for involuntary 13
examination; providing an effective date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Paragraph (d) of subsection (2) of section 18
394.463, Florida Statutes, is amended to read: 19
394.463 Involuntary examination. — 20
(2) INVOLUNTARY EXAMINATION. — 21
(d)1. A law enforcement officer taki ng custody of a person 22
under this subsection must may seize and hold a firearm or any 23
ammunition the person possesses at the time of taking him or her 24
into custody if the person poses a potential danger to himself 25
HB 1675 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1675-00
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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
or herself or others and has made a credib le threat of violence 26
against another person. 27
2. If the law enforcement officer takes custody of the 28
person at the person's residence and the criteria in 29
subparagraph 1. have been met, the law enforcement officer must 30
request may seek the voluntary surrender of firearms or 31
ammunition kept in the residence which have not already been 32
seized under subparagraph 1. If such firearms or ammunition are 33
not voluntarily surrendered, or if the person has other firearms 34
or ammunition that were not seized or voluntar ily surrendered 35
when he or she was taken into custody, a law enforcement officer 36
must may petition the appropriate court under s. 790.401 for a 37
risk protection order against the person if criteria for such an 38
order are met. 39
3. Firearms or ammunition seiz ed or voluntarily 40
surrendered under this paragraph must be made available for 41
return no later than 24 hours after the person taken into 42
custody can document that he or she is no longer subject to 43
involuntary examination and has been released or discharged from 44
any inpatient or involuntary outpatient treatment provided or 45
ordered under paragraph (g), unless a risk protection order 46
entered under s. 790.401 directs the law enforcement agency to 47
hold the firearms or ammunition for a longer period or the 48
person is subject to a firearm purchase disability under s. 49
790.065(2), or a firearm possession and firearm ownership 50
HB 1675 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1675-00
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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
disability under s. 790.064. The process for the actual return 51
of firearms or ammunition seized or voluntarily surrendered 52
under this paragraph m ay not take longer than 7 days. 53
4. Law enforcement agencies must develop policies and 54
procedures relating to the seizure, storage, and return of 55
firearms or ammunition held under this paragraph. 56
Section 2. This act shall take effect July 1, 2024. 57