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House Bill 0679c2

Florida House of Representatives - 1998 CS/CS/HB 679 By the Committee on Law Enforcement & Public Safety and Representatives Lynn, Chestnut, Heyman, Crow and Meek 1 A bill to be entitled 2 An act relating to weapons and firearms; 3 creating s. 790.233, F.S.; prohibiting a person 4 who has been issued a currently effective final 5 injunction against committing acts of domestic 6 violence from possessing any firearm or 7 ammunition; providing penalties; providing an 8 exception for law enforcement officers; 9 amending s. 741.30, F.S.; requiring that a 10 final injunction for protection against 11 domestic violence indicate that possessing any 12 firearm or ammunition is prohibited; amending 13 s. 741.31, F.S.; providing that it is a first 14 degree misdemeanor to violate a final 15 injunction by possessing a firearm or 16 ammunition; providing an exception for law 17 enforcement officers; amending s. 901.15, F.S.; 18 providing for arrest without warrant under 19 certain circumstances when there is probable 20 cause to believe that the person has committed 21 a crime in violation of specified provisions 22 prohibiting possession of firearm or ammunition 23 by person restrained by final injunction from 24 committing acts of domestic violence; amending 25 s. 790.06, F.S., relating to issuance by the 26 Department of State of license to carry a 27 concealed weapon or firearm; revising 28 qualifications for such license to include 29 restrictions that the applicant has not had 30 adjudication of guilt withheld or imposition of 31 sentence suspended for committing a misdemeanor 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 crime of domestic violence within a specified 2 period and is not enjoined from committing acts 3 of domestic violence or repeat violence; 4 requiring denial or revocation of such license 5 under specified circumstances; requiring that 6 the department suspend such license, or the 7 processing of the license application, if the 8 licensee or applicant is issued an injunction 9 against committing acts of domestic violence or 10 acts of repeat violence; amending s. 790.065, 11 F.S.; removing obsolete provisions; requiring 12 that the Department of Law Enforcement 13 determine if a potential buyer or transferee of 14 a firearm has been convicted of a misdemeanor 15 crime of domestic violence or had adjudication 16 of guilt withheld or imposition of sentence 17 suspended for committing a misdemeanor crime of 18 domestic violence; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 790.233, Florida Statutes, is 23 created to read: 24 790.233 Possession of firearm or ammunition prohibited 25 when person is subject to an injunction against committing 26 acts of domestic violence; penalties.-- 27 (1) A person may not have in his or her care, custody, 28 possession, or control any firearm or ammunition if the person 29 has been issued a final injunction that is currently in force 30 and effect, restraining that person from committing acts of 31 domestic violence, and that has been issued under s. 741.30. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 (2) A person who violates subsection (1) commits a 2 misdemeanor of the first degree, punishable as provided in s. 3 775.082 or s. 775.083. 4 (3) It is the intent of the Legislature that the 5 disabilities regarding possession of firearms and ammunition 6 are consistent with federal law. Accordingly, this section 7 shall not apply to state or local law enforcement officers who 8 receive or possess a firearm or ammunition for use in 9 performing official duties on behalf of that state or local 10 law enforcement agency, unless prohibited by that law 11 enforcement officer's agency. 12 Section 2. Paragraph (f) is added to subsection (6) of 13 section 741.30, Florida Statutes, to read: 14 741.30 Domestic violence; injunction; powers and 15 duties of court and clerk; petition; notice and hearing; 16 temporary injunction; issuance of injunction; statewide 17 verification system; enforcement.-- 18 (6) 19 (f) A final judgment on injunction for protection 20 against domestic violence entered pursuant to this section 21 must, on its face, indicate that it is a violation of s. 22 790.233, and a first degree misdemeanor, for the respondent to 23 have in his or her care, custody, possession, or control any 24 firearm or ammunition. 25 Section 3. Subsection (4) of section 741.31, Florida 26 Statutes, is amended to read: 27 741.31 Violation of an injunction for protection 28 against domestic violence.-- 29 (4)(a) A person who willfully violates an injunction 30 for protection against domestic violence issued pursuant to s. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 741.30, or a foreign protection order accorded full faith and 2 credit pursuant to s. 741.315, by: 3 1.(a) Refusing to vacate the dwelling that the parties 4 share; 5 2.(b) Going to the petitioner's residence, school, 6 place of employment, or a specified place frequented regularly 7 by the petitioner and any named family or household member; 8 3.(c) Committing an act of domestic violence against 9 the petitioner; 10 4.(d) Committing any other violation of the injunction 11 through an intentional unlawful threat, word, or act to do 12 violence to the petitioner; or 13 5.(e) Telephoning, contacting, or otherwise 14 communicating with the petitioner directly or indirectly, 15 unless the injunction specifically allows indirect contact 16 through a third party 17 18 commits is guilty of a misdemeanor of the first degree, 19 punishable as provided in s. 775.082 or s. 775.083. 20 (b)1. It is a violation of s. 790.233, and a 21 misdemeanor of the first degree, punishable as provided in s. 22 775.082 or s. 775.083, for a person to violate a final 23 injunction for protection against domestic violence by having 24 in his or her care, custody, possession, or control any 25 firearm or ammunition. 26 2. It is the intent of the Legislature that the 27 disabilities regarding possession of firearms and ammunition 28 are consistent with federal law. Accordingly, this paragraph 29 shall not apply to state or local law enforcement officers who 30 receive or possess a firearm or ammunition for use in 31 performing official duties on behalf of that state or local 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 law enforcement agency, unless prohibited by that law 2 enforcement officer's agency. 3 Section 4. Subsection (6) of section 901.15, Florida 4 Statutes, is amended to read: 5 901.15 When arrest by officer without warrant is 6 lawful.--A law enforcement officer may arrest a person without 7 a warrant when: 8 (6) There is probable cause to believe that the person 9 has committed a criminal act according to s. 790.233 or 10 according to s. 741.31 or s. 784.047 which violates an 11 injunction for protection entered pursuant to s. 741.30 or s. 12 784.046, or a foreign protection order accorded full faith and 13 credit pursuant to s. 741.315, over the objection of the 14 petitioner, if necessary. 15 Section 5. Subsections (2) and (3) of section 790.06, 16 Florida Statutes, are amended to read: 17 790.06 License to carry concealed weapon or firearm.-- 18 (2) The Department of State shall issue a license if 19 the applicant: 20 (a) Is a resident of the United States or is a 21 consular security official of a foreign government that 22 maintains diplomatic relations and treaties of commerce, 23 friendship, and navigation with the United States and is 24 certified as such by the foreign government and by the 25 appropriate embassy in this country; 26 (b) Is 21 years of age or older; 27 (c) Does not suffer from a physical infirmity which 28 prevents the safe handling of a weapon or firearm; 29 (d) Is not ineligible to possess a firearm pursuant to 30 s. 790.23 by virtue of having been convicted of a felony; 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 (e) Has not been committed for the abuse of a 2 controlled substance or been found guilty of a crime under the 3 provisions of chapter 893 or similar laws of any other state 4 relating to controlled substances within a 3-year period 5 immediately preceding the date on which the application is 6 submitted; 7 (f) Does not chronically and habitually use alcoholic 8 beverages or other substances to the extent that his or her 9 normal faculties are impaired. It shall be presumed that an 10 applicant chronically and habitually uses alcoholic beverages 11 or other substances to the extent that his or her normal 12 faculties are impaired if the applicant has been committed 13 under chapter 397 or under the provisions of former chapter 14 396 or has been convicted under s. 790.151 or has been deemed 15 a habitual offender under s. 856.011(3), or has had two or 16 more convictions under s. 316.193 or similar laws of any other 17 state, within the 3-year period immediately preceding the date 18 on which the application is submitted; 19 (g) Desires a legal means to carry a concealed weapon 20 or firearm for lawful self-defense; 21 (h) Demonstrates competence with a firearm by any one 22 of the following: 23 1. Completion of any hunter education or hunter safety 24 course approved by the Game and Fresh Water Fish Commission or 25 a similar agency of another state; 26 2. Completion of any National Rifle Association 27 firearms safety or training course; 28 3. Completion of any firearms safety or training 29 course or class available to the general public offered by a 30 law enforcement, junior college, college, or private or public 31 institution or organization or firearms training school, 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 utilizing instructors certified by the National Rifle 2 Association, Criminal Justice Standards and Training 3 Commission, or the Department of State; 4 4. Completion of any law enforcement firearms safety 5 or training course or class offered for security guards, 6 investigators, special deputies, or any division or 7 subdivision of law enforcement or security enforcement; 8 5. Presents evidence of equivalent experience with a 9 firearm through participation in organized shooting 10 competition or military service; 11 6. Is licensed or has been licensed to carry a firearm 12 in this state or a county or municipality of this state, 13 unless such license has been revoked for cause; or 14 7. Completion of any firearms training or safety 15 course or class conducted by a state-certified or National 16 Rifle Association certified firearms instructor; 17 18 A photocopy of a certificate of completion of any of the 19 courses or classes; or an affidavit from the instructor, 20 school, club, organization, or group that conducted or taught 21 said course or class attesting to the completion of the course 22 or class by the applicant; or a copy of any document which 23 shows completion of the course or class or evidences 24 participation in firearms competition shall constitute 25 evidence of qualification under this paragraph; 26 (i) Has not been adjudicated an incapacitated person 27 under s. 744.331, or similar laws of any other state, unless 5 28 years have elapsed since the applicant's restoration to 29 capacity by court order; 30 (j) Has not been committed to a mental institution 31 under chapter 394, or similar laws of any other state, unless 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 the applicant produces a certificate from a licensed 2 psychiatrist that he or she has not suffered from disability 3 for at least 5 years prior to the date of submission of the 4 application; and 5 (k) Has not had adjudication of guilt withheld or 6 imposition of sentence suspended on any felony or misdemeanor 7 crime of domestic violence unless 3 years have elapsed since 8 probation or any other conditions set by the court have been 9 fulfilled, or the record has been sealed or expunged; and. 10 (l) Has not been issued an injunction that is 11 currently in force and effect and that restrains the applicant 12 from committing acts of domestic violence or acts of repeat 13 violence. 14 (3) The Department of State shall may deny a license 15 if the applicant has been found guilty of, had adjudication of 16 guilt withheld for, or had imposition of sentence suspended 17 for one or more crimes of violence constituting a misdemeanor, 18 unless 3 years have elapsed since probation or any other 19 conditions set by the court have been fulfilled, or the record 20 has been sealed or expunged. The Department of State shall, or 21 may revoke a license if the licensee has been found guilty of, 22 had adjudication of guilt withheld for, or had imposition of 23 sentence suspended for one or more crimes of violence within 24 the preceding 3 years. The department shall, upon 25 notification by a law enforcement agency, a court, or the 26 Florida Department of Law Enforcement and subsequent written 27 verification, suspend a license or the processing of an 28 application for a license if the licensee or applicant is 29 arrested or formally charged with a crime that which would 30 disqualify such person from having a license under this 31 section, until final disposition of the case. The department 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 shall suspend a license or the processing of an application 2 for a license if the licensee or applicant is issued an 3 injunction that restrains the licensee or applicant from 4 committing acts of domestic violence or acts of repeat 5 violence. 6 Section 6. Subsections (1) and (2) of section 790.065, 7 Florida Statutes, are amended to read: 8 790.065 Sale and delivery of firearms.-- 9 (1) A No licensed importer, licensed manufacturer, or 10 licensed dealer may not shall sell or deliver from her or his 11 inventory at her or his licensed premises any firearm to 12 another person, other than a licensed importer, licensed 13 manufacturer, licensed dealer, or licensed collector, until 14 she or he has: 15 (a) Obtained a completed form from the potential buyer 16 or transferee, which form shall have been promulgated by the 17 Department of Law Enforcement and provided by the licensed 18 importer, licensed manufacturer, or licensed dealer, which 19 shall include the name, date of birth, gender, race, and 20 social security number or other identification number of such 21 potential buyer or transferee and has inspected proper 22 identification including an identification containing a 23 photograph of the potential buyer or transferee. 24 (b) Collected a fee from the potential buyer for 25 processing the criminal history check of the potential buyer. 26 The fee shall be $8. The Department of Law Enforcement shall, 27 by rule, establish procedures for the fees to be transmitted 28 by the licensee to the Department of Law Enforcement. All such 29 fees shall be deposited into the Department of Law Enforcement 30 Operating Trust Fund, but shall be segregated from all other 31 funds deposited into such trust fund and must be accounted for 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 separately. Such segregated funds must not be used for any 2 purpose other than the operation of the criminal history 3 checks required by this section. The Department of Law 4 Enforcement, each year prior to February 1, shall make a full 5 accounting of all receipts and expenditures of such funds to 6 the President of the Senate, the Speaker of the House of 7 Representatives, the majority and minority leaders of each 8 house of the Legislature, and the chairs of the appropriations 9 committees of each house of the Legislature. In the event 10 that the cumulative amount of funds collected exceeds the 11 cumulative amount of expenditures by more than $2.5 million, 12 excess funds may be used for the purpose of purchasing soft 13 body armor for law enforcement officers. 14 (c) Requested, by means of a toll-free telephone call, 15 the Department of Law Enforcement to conduct a check of the 16 information as reported and reflected in the Florida Crime 17 Information Center and National Crime Information Center 18 systems as of the date of the request. 19 (d) Received a unique approval number for that inquiry 20 from the Department of Law Enforcement, and recorded the date 21 and such number on the consent form. 22 23 However, if the person purchasing, or receiving delivery of, 24 the firearm is a holder of a valid concealed weapons or 25 firearms license pursuant to the provisions of s. 790.06 or 26 holds an active certification from the Criminal Justice 27 Standards and Training Commission as a "law enforcement 28 officer," a "correctional officer," or a "correctional 29 probation officer" as defined in s. 943.10(1), (2), (3), (6), 30 (7), (8), or (9), the provisions of this subsection do not 31 apply. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 (2) Upon receipt of a request for a criminal history 2 record check, the Department of Law Enforcement shall, during 3 the licensee's call or by return call, forthwith: 4 (a) Review criminal history records to determine if 5 the potential buyer or transferee: 6 1. Has been convicted of a felony and is prohibited 7 from receipt or possession of a firearm pursuant to s. 790.23; 8 2. Has been convicted of a misdemeanor crime of 9 domestic violence, and therefore is prohibited from purchasing 10 a firearm; or 11 3. Has had adjudication of guilt withheld or 12 imposition of sentence suspended on any felony or misdemeanor 13 crime of domestic violence unless 3 years have elapsed since 14 probation or any other conditions set by the court have been 15 fulfilled or expunction has occurred. 16 (b) Inform the licensee making the inquiry either that 17 records demonstrate that the buyer or transferee is so 18 prohibited and provide the licensee a nonapproval number, or 19 provide the licensee with a unique approval number. 20 (c)1. Review any records available to it to determine 21 whether the potential buyer or transferee has been indicted or 22 has had an information filed against her or him for an offense 23 that is a felony under either state or federal law, or, as 24 mandated by federal law, has had an injunction for protection 25 against domestic violence entered against the potential buyer 26 or transferee under s. 741.30, has had an injunction for 27 protection against repeat violence entered against the 28 potential buyer or transferee under s. 784.046, or has been 29 arrested for a dangerous crime as specified in s. 30 907.041(4)(a) or for any of the following enumerated offenses: 31 a. Criminal anarchy under ss. 876.01 and 876.02. 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 b. Extortion under s. 836.05. 2 c. Explosives violations under s. 552.22(1) and (2). 3 d. Controlled substances violations under chapter 893. 4 e. Resisting an officer with violence under s. 843.01. 5 f. Weapons and firearms violations under this chapter. 6 g. Treason under s. 876.32. 7 h. Assisting self-murder under s. 782.08. 8 i. Sabotage under s. 876.38. 9 j. Stalking or aggravated stalking under s. 784.048. 10 11 If the review indicates any such indictment, information, or 12 arrest, the department shall provide to the licensee a 13 conditional nonapproval number. 14 2. Within 24 working hours, the department shall 15 determine the disposition of the indictment, information, or 16 arrest and inform the licensee as to whether the potential 17 buyer is prohibited from receiving or possessing a firearm. 18 For purposes of this paragraph, "working hours" means the 19 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding 20 legal holidays. 21 3. The office of the clerk of court, at no charge to 22 the department, shall respond to any department request for 23 data on the disposition of the indictment, information, or 24 arrest as soon as possible, but in no event later than 8 25 working hours. 26 4. The department shall determine as quickly as 27 possible within the allotted time period whether the potential 28 buyer is prohibited from receiving or possessing a firearm. 29 5. If the potential buyer is not so prohibited, or if 30 the department cannot determine the disposition information 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/CS/HB 679 604-118-98 1 within the allotted time period, the department shall provide 2 the licensee with a conditional approval number. 3 6. If the buyer is so prohibited, the conditional 4 nonapproval number shall become a nonapproval number. 5 7. The department shall continue its attempts to 6 obtain the disposition information and may retain a record of 7 all approval numbers granted without sufficient disposition 8 information. If the department later obtains disposition 9 information which indicates: 10 a. That the potential buyer is not prohibited from 11 owning a firearm, it shall treat the record of the transaction 12 in accordance with this section; or 13 b. That the potential buyer is prohibited from owning 14 a firearm, it shall immediately revoke the conditional 15 approval number and notify local law enforcement. 16 8. During the time that disposition of the indictment, 17 information, or arrest is pending and until the department is 18 notified by the potential buyer that there has been a final 19 disposition of the indictment, information, or arrest, the 20 conditional nonapproval number shall remain in effect. 21 Section 7. This act shall take effect July 1 of the 22 year in which enacted. 23 24 25 26 27 28 29 30 31 13