Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Gibson moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 409 and 410
    4  insert:
    5         Section 9. Section 790.233, Florida Statutes, is amended to
    6  read:
    7         790.233 Possession of firearm or ammunition prohibited when
    8  person is subject to certain injunctions an injunction against
    9  committing acts of domestic violence, stalking, or
   10  cyberstalking; penalties.—
   11         (1) A person may not have in his or her care, custody,
   12  possession, or control any firearm or ammunition if the person
   13  has been issued an a final injunction, whether temporary or
   14  final, which that is currently in force and effect, restraining
   15  that person from committing acts of domestic violence, as issued
   16  under s. 741.30; or from committing acts of stalking or
   17  cyberstalking, as issued under s. 784.0485; or from committing
   18  acts of repeat violence, dating violence, or sexual violence, as
   19  issued under s. 784.046.
   20         (2) A person who violates subsection (1) commits a
   21  misdemeanor of the first degree, punishable as provided in s.
   22  775.082 or s. 775.083.
   23         (3) It is the intent of the Legislature that the
   24  disabilities regarding possession of firearms and ammunition are
   25  consistent with federal law. Accordingly, This section does not
   26  apply to a state or local officer as defined in s. 943.10(14),
   27  holding an active certification, who receives or possesses a
   28  firearm or ammunition for use in performing official duties on
   29  behalf of the officer’s employing agency, unless otherwise
   30  prohibited by the employing agency.
   31         Section 10. Section 790.234, Florida Statutes, is created
   32  to read:
   33         790.234 Domestic violence, stalking, etc.; temporary
   34  custody of firearms.—
   35         (1) When at the scene of an alleged act of domestic
   36  violence, as defined in s. 741.28; stalking or cyberstalking, as
   37  defined in s. 784.0485; or repeat violence, dating violence, or
   38  sexual violence, as defined in s. 784.046, a law enforcement
   39  officer shall remove a firearm from the scene if:
   40         (a) The law enforcement officer has probable cause to
   41  believe that an act of domestic violence, stalking or
   42  cyberstalking, or repeat violence, dating violence, or sexual
   43  violence has occurred; and
   44         (b) The firearm is in plain view or is discovered during a
   45  consensual or other lawful search.
   46         (2) If a firearm is removed from the scene under subsection
   47  (1), the law enforcement officer shall:
   48         (a) Provide to the owner of the firearm information on the
   49  process for retaking possession of the firearm.
   50         (b) Provide for the safe storage of the firearm during the
   51  pendency of any proceeding related to the alleged act of
   52  domestic violence, stalking or cyberstalking, or repeat
   53  violence, dating violence, or sexual violence.
   54         (3) Within 14 days after the conclusion of a proceeding on
   55  the alleged act of domestic violence, stalking or cyberstalking,
   56  or repeat violence, dating violence, or sexual violence, the
   57  owner of the firearm may retake possession of the firearm unless
   58  ordered to surrender the firearm pursuant to s. 790.233.
   59         Section 11. Paragraph (a) of subsection (4) of section
   60  741.31, Florida Statutes, is amended to read:
   61         741.31 Violation of an injunction for protection against
   62  domestic violence.—
   63         (4)(a) A person who willfully violates an injunction for
   64  protection against domestic violence issued pursuant to s.
   65  741.30, or a foreign protection order accorded full faith and
   66  credit pursuant to s. 741.315, by:
   67         1. Refusing to vacate the dwelling that the parties share;
   68         2. Going to, or being within 500 feet of, the petitioner’s
   69  residence, school, place of employment, or a specified place
   70  frequented regularly by the petitioner and any named family or
   71  household member;
   72         3. Committing an act of domestic violence against the
   73  petitioner;
   74         4. Committing any other violation of the injunction through
   75  an intentional unlawful threat, word, or act to do violence to
   76  the petitioner;
   77         5. Telephoning, contacting, texting, or otherwise
   78  communicating with the petitioner directly or indirectly, unless
   79  the injunction specifically allows indirect contact through a
   80  third party;
   81         6. Knowingly and intentionally coming within 100 feet of
   82  the petitioner’s motor vehicle, whether or not that vehicle is
   83  occupied;
   84         7. Defacing or destroying the petitioner’s personal
   85  property, including the petitioner’s motor vehicle; or
   86         8. Refusing to surrender firearms or ammunition if ordered
   87  to do so by the court
   89  commits a misdemeanor of the first degree, punishable as
   90  provided in s. 775.082 or s. 775.083, except as provided in
   91  paragraph (c).
   93  ================= T I T L E  A M E N D M E N T ================
   94  And the title is amended as follows:
   95         Between lines 58 and 59
   96  insert:
   97         amending s. 790.233, F.S.; prohibiting persons subject
   98         to temporary or final injunctions against domestic
   99         violence repeat violence, dating violence, or sexual
  100         violence, or from possessing firearms or ammunition;
  101         deleting a provision relating to legislative intent;
  102         creating s. 790.234, F.S.; requiring a law enforcement
  103         officer to take temporary custody of firearms at the
  104         scene of a domestic violence, stalking or
  105         cyberstalking, or repeat violence, dating violence, or
  106         sexual violence incident under certain circumstances;
  107         specifying required steps a law enforcement officer
  108         must take if a firearm is removed from the scene;
  109         providing for the return of such firearms after a
  110         specified period; amending s. 741.31, F.S.; specifying
  111         that texting is a violation of an injunction for
  112         protection against domestic violence and certain
  113         foreign protection orders; conforming a provision to
  114         changes made by the act;