Florida Senate - 2024                                    SB 1410
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00536-24                                            20241410__
    1                        A bill to be entitled                      
    2         An act relating to risk protection orders; amending s.
    3         394.463, F.S.; requiring, rather than authorizing, law
    4         enforcement officers taking custody of a person for
    5         involuntary examination to seize firearms and
    6         ammunition from that person if certain criteria are
    7         met; requiring law enforcement officers to request the
    8         voluntary surrender of a person’s firearms or
    9         ammunition not already seized by law enforcement;
   10         requiring, rather than authorizing, law enforcement
   11         officers to petition the appropriate courts for a risk
   12         protection order under certain circumstances after
   13         taking custody of a person for involuntary
   14         examination; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (d) of subsection (2) of section
   19  394.463, Florida Statutes, is amended to read:
   20         394.463 Involuntary examination.—
   21         (2) INVOLUNTARY EXAMINATION.—
   22         (d)1. A law enforcement officer taking custody of a person
   23  under this subsection must may seize and hold a firearm or any
   24  ammunition the person possesses at the time of taking him or her
   25  into custody if the person poses a potential danger to himself
   26  or herself or others and has made a credible threat of violence
   27  against another person.
   28         2. If the law enforcement officer takes custody of the
   29  person at the person’s residence and the criteria in
   30  subparagraph 1. have been met, the law enforcement officer must
   31  request may seek the voluntary surrender of firearms or
   32  ammunition kept in the residence which have not already been
   33  seized under subparagraph 1. If such firearms or ammunition are
   34  not voluntarily surrendered, or if the person has other firearms
   35  or ammunition that were not seized or voluntarily surrendered
   36  when he or she was taken into custody, a law enforcement officer
   37  must may petition the appropriate court under s. 790.401 for a
   38  risk protection order against the person if criteria for such an
   39  order are met.
   40         3. Firearms or ammunition seized or voluntarily surrendered
   41  under this paragraph must be made available for return no later
   42  than 24 hours after the person taken into custody can document
   43  that he or she is no longer subject to involuntary examination
   44  and has been released or discharged from any inpatient or
   45  involuntary outpatient treatment provided or ordered under
   46  paragraph (g), unless a risk protection order entered under s.
   47  790.401 directs the law enforcement agency to hold the firearms
   48  or ammunition for a longer period or the person is subject to a
   49  firearm purchase disability under s. 790.065(2), or a firearm
   50  possession and firearm ownership disability under s. 790.064.
   51  The process for the actual return of firearms or ammunition
   52  seized or voluntarily surrendered under this paragraph may not
   53  take longer than 7 days.
   54         4. Law enforcement agencies must develop policies and
   55  procedures relating to the seizure, storage, and return of
   56  firearms or ammunition held under this paragraph.
   57         Section 2. This act shall take effect July 1, 2024.