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A bill to be entitled

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An act relating to the revocation or suspension of

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concealed weapon and firearm licenses held by licensees

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who are adjudicated incapacitated or committed to a mental

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institution; amending s. 790.065, F.S.; authorizing the

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Department of Law Enforcement to provide data collected

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from court records to the Department of Agriculture and

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Consumer Services for purposes of determining whether a

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license should be revoked or suspended under s.

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790.06(10), F.S.; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (a) of subsection (2) of section

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790.065, Florida Statutes, is amended to read:

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     790.065  Sale and delivery of firearms.--

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     (2)  Upon receipt of a request for a criminal history record

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check, the Department of Law Enforcement shall, during the

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licensee's call or by return call, forthwith:

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     (a)  Review any records available to determine if the

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potential buyer or transferee:

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     1.  Has been convicted of a felony and is prohibited from

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receipt or possession of a firearm pursuant to s. 790.23;

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     2.  Has been convicted of a misdemeanor crime of domestic

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violence, and therefore is prohibited from purchasing a firearm;

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     3.  Has had adjudication of guilt withheld or imposition of

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sentence suspended on any felony or misdemeanor crime of domestic

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violence unless 3 years have elapsed since probation or any other

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conditions set by the court have been fulfilled or expunction has

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occurred; or

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     4.  Has been adjudicated mentally defective or has been

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committed to a mental institution by a court and as a result is

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prohibited by federal law from purchasing a firearm.

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     a.  As used in this subparagraph, "adjudicated mentally

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defective" means a determination by a court that a person, as a

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result of marked subnormal intelligence, or mental illness,

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incompetency, condition, or disease, is a danger to himself or

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herself or to others or lacks the mental capacity to contract or

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manage his or her own affairs. The phrase includes shall include

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a judicial finding of incapacity under s. 744.331(6)(a), an

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acquittal by reason of insanity of a person charged with a

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criminal offense, and a judicial finding that a criminal

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defendant is not competent to stand trial.

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     b.  As used in this subparagraph, "committed to a mental

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institution" means involuntary commitment, commitment for mental

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defectiveness or mental illness, and commitment for substance

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abuse. The phrase includes shall include involuntary inpatient

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placement as defined in s. 394.467, involuntary assessment and

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stabilization under s. 397.6818, and involuntary substance abuse

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treatment under s. 397.6957, but does shall not include a person

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in a mental institution for observation or discharged from a

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mental institution based upon the initial review by the physician

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or a voluntary admission to a mental institution.

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     c.  In order to check for these conditions, the department

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shall compile and maintain an automated database of persons who

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are prohibited from purchasing a firearm based on court records

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of adjudications of mental defectiveness or commitments to mental

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institutions. Clerks of court shall are required to submit these

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records to the department within 1 month after the rendition of

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the adjudication or commitment. Reports may be submitted in an

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automated format. The reports must, at a minimum, include the

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name, along with any known alias or former name, the sex, and the

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date of birth of the subject. The department shall delete any

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mental health record from the database upon request of an

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individual when 5 years have elapsed since the individual's

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restoration to capacity by court order after being adjudicated an

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incapacitated person under s. 744.331, or similar laws of any

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other state; or, in the case of an individual who was previously

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committed to a mental institution under chapter 394, or similar

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laws of any other state, when the individual produces a

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certificate from a licensed psychiatrist that he or she has not

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suffered from disability for at least 5 years prior to the date

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of request for removal of the record. When Where the department

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has received a subsequent record of an adjudication of mental

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defectiveness or commitment to a mental institution for such

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individual, the 5-year timeframe shall be calculated from the

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most recent adjudication of incapacitation or commitment.

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     d.  The department is authorized to disclose the collected

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data to agencies of the Federal Government and other states for

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use exclusively in determining the lawfulness of a firearm sale

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or transfer. The department is also authorized to disclose any

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applicable collected data to the Department of Agriculture and

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Consumer Services for purposes of determining determination of

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eligibility for issuance of a concealed weapons or concealed

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firearms license and for determining whether a basis exists for

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revoking or suspending a previously issued license pursuant to s.

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790.06(10) upon receipt of an applicant fingerprint submission

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forwarded pursuant to s. 790.06(6)(a). When a potential buyer or

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transferee appeals a nonapproval based on these records, the

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clerks of court and mental institutions shall, upon request by

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the department, provide information to help determine whether the

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potential buyer or transferee is the same person as the subject

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of the record. Photographs and any other data that could confirm

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or negate identity must be made available to the department for

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such purposes, notwithstanding any other provision of state law

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to the contrary. Any such information that is made confidential

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or exempt from disclosure by law shall retain such confidential

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or exempt status when transferred to the department.

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     Section 2.  This act shall take effect July 1, 2008.