Florida Senate - 2024 CS for SB 1286 By the Committee on Criminal Justice; and Senator Collins 591-02973-24 20241286c1 1 A bill to be entitled 2 An act relating to the return of weapons and arms 3 following an arrest; amending s. 790.08, F.S.; 4 requiring that weapons, electric weapons or devices, 5 or arms taken from a person pursuant to an arrest 6 which are not seized as evidence be returned to the 7 person within a certain timeframe if specified 8 conditions are met; authorizing a sheriff or chief of 9 police to develop reasonable procedures to ensure the 10 timely return of certain weapons, electric weapons or 11 devices, or arms; prohibiting a sheriff or chief of 12 police from requiring a court order before releasing 13 certain weapons, electric weapons or devices, or arms; 14 providing an exception; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Subsection (1) of section 790.08, Florida 19 Statutes, is amended to read: 20 790.08Taking possession of weapons and arms; reports; 21 disposition; custody. 22 (1)(a)Every officer making an arrest under s. 790.07, or 23 under any other law or municipal ordinance within the state, 24 shall take possession of any weapons, electric weapons or 25 devices, or arms mentioned in s. 790.07 found upon the person 26 arrested and deliver them to the sheriff of the county, or the 27 chief of police of the municipality wherein the arrest is made, 28 who shall retain the same until after the trial of the person 29 arrested. 30 (b)Any weapons, electric weapons or devices, or arms that 31 are taken from a person under paragraph (a) which are not seized 32 as evidence must be returned to the person within 45 days after 33 he or she is released from detention and if he or she meets all 34 of the following criteria: 35 1.The person provides a form of government-issued 36 photographic identification. 37 2.If requesting the return of a firearm, a completed 38 criminal history background check confirms the person is not 39 prohibited from possessing a firearm under state or federal law, 40 including not having any prohibition arising from an injunction, 41 a risk protection order, or any other court order prohibiting 42 the person from possessing a firearm. 43 (c)The sheriff or chief of police may develop reasonable 44 procedures to ensure the timely return of weapons, electric 45 weapons or devices, or arms which are not inconsistent with this 46 subsection. 47 (d)The sheriff or chief of police may not require a court 48 order to release weapons, electric weapons or devices, or arms 49 that are not seized as evidence in a criminal proceeding unless 50 there are competing claims of ownership of such weapons, 51 electric weapons or devices, or arms. 52 Section 2.This act shall take effect July 1, 2024.