HB 1407

1	A bill to be entitled
2	An act relating to firearms; amending s. 790.065, F.S.;
3	authorizing the Department of Law Enforcement to provide
4	data collected from court records to the Department of
5	Agriculture and Consumer Services for purposes of
6	determining whether a license should be revoked or
7	suspended under s. 790.06(10), F.S.; adding involuntary
8	outpatient placement to the definition of "committed to a
9	mental institution" for purposes of firearm purchases;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (a) of subsection (2) of section
15	790.065, 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
18	record check, the Department of Law Enforcement shall, during
19	the licensee's call or by return call, forthwith:
20	(a)  Review any records available to determine if the
21	potential buyer or transferee:
22	1.  Has been convicted of a felony and is prohibited from
23	receipt or possession of a firearm pursuant to s. 790.23;
24	2.  Has been convicted of a misdemeanor crime of domestic
25	violence, and therefore is prohibited from purchasing a firearm;
26	3.  Has had adjudication of guilt withheld or imposition of
27	sentence suspended on any felony or misdemeanor crime of
28	domestic violence unless 3 years have elapsed since probation or
29	any other conditions set by the court have been fulfilled or
30	expunction has occurred; or
31	4.  Has been adjudicated mentally defective or has been
32	committed to a mental institution by a court and as a result is
33	prohibited by federal law from purchasing a firearm.
34	a.  As used in this subparagraph, "adjudicated mentally
35	defective" means a determination by a court that a person, as a
36	result of marked subnormal intelligence, or mental illness,
37	incompetency, condition, or disease, is a danger to himself or
38	herself or to others or lacks the mental capacity to contract or
39	manage his or her own affairs. The phrase includes shall include
40	a judicial finding of incapacity under s. 744.331(6)(a), an
41	acquittal by reason of insanity of a person charged with a
42	criminal offense, and a judicial finding that a criminal
43	defendant is not competent to stand trial.
44	b.  As used in this subparagraph, "committed to a mental
45	institution" means involuntary commitment, commitment for mental
46	defectiveness or mental illness, and commitment for substance
47	abuse. The phrase includes shall include involuntary inpatient
48	placement as defined in s. 394.467, involuntary outpatient
49	placement as defined in s. 394.4655, involuntary assessment and
50	stabilization under s. 397.6818, and involuntary substance abuse
51	treatment under s. 397.6957, but does shall not include a person
52	in a mental institution for observation or discharged from a
53	mental institution based upon the initial review by the
54	physician or a voluntary admission to a mental institution.
55	c.  In order to check for these conditions, the department
56	shall compile and maintain an automated database of persons who
57	are prohibited from purchasing a firearm based on court records
58	of adjudications of mental defectiveness or commitments to
59	mental institutions. Clerks of court shall are required to
60	submit these records to the department within 1 month after the
61	rendition of the adjudication or commitment. Reports may be
62	submitted in an automated format. The reports must, at a
63	minimum, include the name, along with any known alias or former
64	name, the sex, and the date of birth of the subject. The
65	department shall delete any mental health record from the
66	database upon request of an individual when 5 years have elapsed
67	since the individual's restoration to capacity by court order
68	after being adjudicated an incapacitated person under s.
69	744.331, or similar laws of any other state; or, in the case of
70	an individual who was previously committed to a mental
71	institution under chapter 394, or similar laws of any other
72	state, when the individual produces a certificate from a
73	licensed psychiatrist that he or she has not suffered from
74	disability for at least 5 years prior to the date of request for
75	removal of the record. When Where the department has received a
76	subsequent record of an adjudication of mental defectiveness or
77	commitment to a mental institution for such individual, the 5-
78	year timeframe shall be calculated from the most recent
79	adjudication of incapacitation or commitment.
80	d.  The department is authorized to disclose the collected
81	data to agencies of the Federal Government and other states for
82	use exclusively in determining the lawfulness of a firearm sale
83	or transfer. The department is also authorized to disclose any
84	applicable collected data to the Department of Agriculture and
85	Consumer Services for purposes of determining determination of
86	eligibility for issuance of a concealed weapons or concealed
87	firearms license and for determining whether a basis exists for
88	revoking or suspending a previously issued license pursuant to
89	s. 790.06(10) upon receipt of an applicant fingerprint
90	submission forwarded pursuant to s. 790.06(6)(a). When a
91	potential buyer or transferee appeals a nonapproval based on
92	these records, the clerks of court and mental institutions
93	shall, upon request by the department, provide information to
94	help determine whether the potential buyer or transferee is the
95	same person as the subject of the record. Photographs and any
96	other data that could confirm or negate identity must be made
97	available to the department for such purposes, notwithstanding
98	any other provision of state law to the contrary. Any such
99	information that is made confidential or exempt from disclosure
100	by law shall retain such confidential or exempt status when
101	transferred to the department.
102	Section 2.  This act shall take effect July 1, 2008.

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