HB 1407

A bill to be entitled
2An act relating to firearms; amending s. 790.065, F.S.;
3authorizing the Department of Law Enforcement to provide
4data collected from court records to the Department of
5Agriculture and Consumer Services for purposes of
6determining whether a license should be revoked or
7suspended under s. 790.06(10), F.S.; adding involuntary
8outpatient placement to the definition of "committed to a
9mental institution" for purposes of firearm purchases;
10providing an effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Paragraph (a) of subsection (2) of section
15790.065, Florida Statutes, is amended to read:
16     790.065  Sale and delivery of firearms.--
17     (2)  Upon receipt of a request for a criminal history
18record check, the Department of Law Enforcement shall, during
19the licensee's call or by return call, forthwith:
20     (a)  Review any records available to determine if the
21potential buyer or transferee:
22     1.  Has been convicted of a felony and is prohibited from
23receipt or possession of a firearm pursuant to s. 790.23;
24     2.  Has been convicted of a misdemeanor crime of domestic
25violence, and therefore is prohibited from purchasing a firearm;
26     3.  Has had adjudication of guilt withheld or imposition of
27sentence suspended on any felony or misdemeanor crime of
28domestic violence unless 3 years have elapsed since probation or
29any other conditions set by the court have been fulfilled or
30expunction has occurred; or
31     4.  Has been adjudicated mentally defective or has been
32committed to a mental institution by a court and as a result is
33prohibited by federal law from purchasing a firearm.
34     a.  As used in this subparagraph, "adjudicated mentally
35defective" means a determination by a court that a person, as a
36result of marked subnormal intelligence, or mental illness,
37incompetency, condition, or disease, is a danger to himself or
38herself or to others or lacks the mental capacity to contract or
39manage his or her own affairs. The phrase includes shall include
40a judicial finding of incapacity under s. 744.331(6)(a), an
41acquittal by reason of insanity of a person charged with a
42criminal offense, and a judicial finding that a criminal
43defendant is not competent to stand trial.
44     b.  As used in this subparagraph, "committed to a mental
45institution" means involuntary commitment, commitment for mental
46defectiveness or mental illness, and commitment for substance
47abuse. The phrase includes shall include involuntary inpatient
48placement as defined in s. 394.467, involuntary outpatient
49placement as defined in s. 394.4655, involuntary assessment and
50stabilization under s. 397.6818, and involuntary substance abuse
51treatment under s. 397.6957, but does shall not include a person
52in a mental institution for observation or discharged from a
53mental institution based upon the initial review by the
54physician or a voluntary admission to a mental institution.
55     c.  In order to check for these conditions, the department
56shall compile and maintain an automated database of persons who
57are prohibited from purchasing a firearm based on court records
58of adjudications of mental defectiveness or commitments to
59mental institutions. Clerks of court shall are required to
60submit these records to the department within 1 month after the
61rendition of the adjudication or commitment. Reports may be
62submitted in an automated format. The reports must, at a
63minimum, include the name, along with any known alias or former
64name, the sex, and the date of birth of the subject. The
65department shall delete any mental health record from the
66database upon request of an individual when 5 years have elapsed
67since the individual's restoration to capacity by court order
68after being adjudicated an incapacitated person under s.
69744.331, or similar laws of any other state; or, in the case of
70an individual who was previously committed to a mental
71institution under chapter 394, or similar laws of any other
72state, when the individual produces a certificate from a
73licensed psychiatrist that he or she has not suffered from
74disability for at least 5 years prior to the date of request for
75removal of the record. When Where the department has received a
76subsequent record of an adjudication of mental defectiveness or
77commitment to a mental institution for such individual, the 5-
78year timeframe shall be calculated from the most recent
79adjudication of incapacitation or commitment.
80     d.  The department is authorized to disclose the collected
81data to agencies of the Federal Government and other states for
82use exclusively in determining the lawfulness of a firearm sale
83or transfer. The department is also authorized to disclose any
84applicable collected data to the Department of Agriculture and
85Consumer Services for purposes of determining determination of
86eligibility for issuance of a concealed weapons or concealed
87firearms license and for determining whether a basis exists for
88revoking or suspending a previously issued license pursuant to
89s. 790.06(10) upon receipt of an applicant fingerprint
90submission forwarded pursuant to s. 790.06(6)(a). When a
91potential buyer or transferee appeals a nonapproval based on
92these records, the clerks of court and mental institutions
93shall, upon request by the department, provide information to
94help determine whether the potential buyer or transferee is the
95same person as the subject of the record. Photographs and any
96other data that could confirm or negate identity must be made
97available to the department for such purposes, notwithstanding
98any other provision of state law to the contrary. Any such
99information that is made confidential or exempt from disclosure
100by law shall retain such confidential or exempt status when
101transferred to the department.
102     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.