HB 951

1
A bill to be entitled
2An act relating to public safety; amending s. 790.065,
3F.S.; requiring certain reports to be submitted in an
4automated format; deleting provisions relating to
5automatic deletion of mental health records under
6specified conditions from the Department of Law
7Enforcement's database of such records kept for purposes
8of sale and delivery of firearms and substituting a
9procedure for petition to obtain judicial relief from
10firearm disabilities and, upon obtaining such relief, the
11removal of the individual mental health records from the
12department's database; amending s. 943.05, F.S.; revising
13who may request retention of fingerprints submitted to the
14Department of Law Enforcement; authorizing retention of
15fingerprints in certain circumstances; amending s. 943.12,
16F.S.; requiring the Criminal Justice Standards and
17Training Commission to adopt rules relating to the
18maintenance of officers who engage in those specialized
19areas found to present a high risk of harm to the officer
20or the public at large; requiring the commission to adopt
21rules requiring the demonstration of proficiency in
22firearms for all law enforcement officers; amending s.
23943.131, F.S.; revising provisions relating to exemptions
24from completing a commission-approved basic recruit
25training program; amending s. 943.1395, F.S.; revising
26provisions relating to qualifications for certified law
27enforcement officers separated from employment for more
28than a certain period of time; amending s. 943.17, F.S.;
29deleting a requirement that correctional probation
30officers pass a specified basic skills examination and
31assessment instrument before entrance into the basic
32recruit training program; amending s. 943.1755, F.S.;
33authorizing fees for criminal justice executive training
34from the Florida Criminal Justice Executive Institute;
35providing for the deposit and use of such fees; amending
36s. 943.32, F.S.; deleting state funding eligibility for a
37locally funded crime laboratory in Monroe County;
38providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Paragraph (a) of subsection (2) of section
43790.065, Florida Statutes, is amended to read:
44     790.065  Sale and delivery of firearms.-
45     (2)  Upon receipt of a request for a criminal history
46record check, the Department of Law Enforcement shall, during
47the licensee's call or by return call, forthwith:
48     (a)  Review any records available to determine if the
49potential buyer or transferee:
50     1.  Has been convicted of a felony and is prohibited from
51receipt or possession of a firearm pursuant to s. 790.23;
52     2.  Has been convicted of a misdemeanor crime of domestic
53violence, and therefore is prohibited from purchasing a firearm;
54     3.  Has had adjudication of guilt withheld or imposition of
55sentence suspended on any felony or misdemeanor crime of
56domestic violence unless 3 years have elapsed since probation or
57any other conditions set by the court have been fulfilled or
58expunction has occurred; or
59     4.  Has been adjudicated mentally defective or has been
60committed to a mental institution by a court and as a result is
61prohibited by federal law from purchasing a firearm.
62     a.  As used in this subparagraph, "adjudicated mentally
63defective" means a determination by a court that a person, as a
64result of marked subnormal intelligence, or mental illness,
65incompetency, condition, or disease, is a danger to himself or
66herself or to others or lacks the mental capacity to contract or
67manage his or her own affairs. The phrase includes a judicial
68finding of incapacity under s. 744.331(6)(a), an acquittal by
69reason of insanity of a person charged with a criminal offense,
70and a judicial finding that a criminal defendant is not
71competent to stand trial.
72     b.  As used in this subparagraph, "committed to a mental
73institution" means involuntary commitment, commitment for mental
74defectiveness or mental illness, and commitment for substance
75abuse. The phrase includes involuntary inpatient placement as
76defined in s. 394.467, involuntary outpatient placement as
77defined in s. 394.4655, involuntary assessment and stabilization
78under s. 397.6818, and involuntary substance abuse treatment
79under s. 397.6957, but does not include a person in a mental
80institution for observation or discharged from a mental
81institution based upon the initial review by the physician or a
82voluntary admission to a mental institution.
83     c.  In order to check for these conditions, the department
84shall compile and maintain an automated database of persons who
85are prohibited from purchasing a firearm based on court records
86of adjudications of mental defectiveness or commitments to
87mental institutions. Clerks of court shall submit these records
88to the department within 1 month after the rendition of the
89adjudication or commitment. Reports shall may be submitted in an
90automated format. The reports must, at a minimum, include the
91name, along with any known alias or former name, the sex, and
92the date of birth of the subject. The department shall delete
93any mental health record from the database upon request of an
94individual when 5 years have elapsed since the individual's
95restoration to capacity by court order after being adjudicated
96an incapacitated person under s. 744.331, or similar laws of any
97other state; or, in the case of an individual who was previously
98committed to a mental institution under chapter 394, or similar
99laws of any other state, when the individual produces a
100certificate from a licensed psychiatrist that he or she has not
101suffered from disability for at least 5 years prior to the date
102of request for removal of the record. When the department has
103received a subsequent record of an adjudication of mental
104defectiveness or commitment to a mental institution for such
105individual, the 5-year timeframe shall be calculated from the
106most recent adjudication of incapacitation or commitment.
107     d.  A person who has been adjudicated mentally defective or
108committed to a mental institution, as those terms are defined in
109this paragraph, may petition the circuit court that made the
110adjudication or commitment for relief from the firearm
111disabilities imposed by such adjudication or commitment. A copy
112of the petition shall be served on the state attorney for the
113county in which the person was adjudicated or committed. The
114state attorney may object to and present evidence relevant to
115the relief sought by the petition. The hearing on the petition
116may be open or closed as the petitioner may choose. The
117petitioner may present evidence and subpoena witnesses to appear
118at the hearing on the petition. The petitioner may confront and
119cross-examine witnesses called by the state attorney. A record
120of the hearing shall be made by a certified court reporter or by
121court-approved electronic means. The court shall make written
122findings of fact and conclusions of law on the issues before it
123and issue a final order. The court shall grant the relief
124requested in the petition if the court finds, based on the
125evidence presented with respect to the petitioner's reputation,
126the petitioner's mental health record and, if applicable,
127criminal history record, the circumstances surrounding the
128firearm disability, and any other evidence in the record, that
129the petitioner will not be likely to act in a manner that is
130dangerous to public safety and that granting the relief would
131not be contrary to the public interest. If the final order
132denies relief, the petitioner may not petition again for relief
133from firearm disabilities until 1 year after the date of the
134final order. The petitioner may seek judicial review of a final
135order denying relief in the district court of appeal having
136jurisdiction over the court that issued the order. The review
137shall be conducted de novo. Relief from a firearm disability
138granted under this sub-subparagraph has no effect on the loss of
139civil rights, including firearm rights, for any reason other
140than the particular adjudication of mental defectiveness or
141commitment to a mental institution from which relief is granted.
142     e.  Upon receipt of proper notice of relief from firearm
143disabilities granted under sub-subparagraph d., the department
144shall delete any mental health record of the person granted
145relief from the automated database of persons who are prohibited
146from purchasing a firearm based on court records of
147adjudications of mental defectiveness or commitments to mental
148institutions.
149     f.d.  The department is authorized to disclose the
150collected data to agencies of the Federal Government and other
151states for use exclusively in determining the lawfulness of a
152firearm sale or transfer. The department is also authorized to
153disclose any collected data to the Department of Agriculture and
154Consumer Services for purposes of determining eligibility for
155issuance of a concealed weapons or concealed firearms license
156and for determining whether a basis exists for revoking or
157suspending a previously issued license pursuant to s.
158790.06(10). When a potential buyer or transferee appeals a
159nonapproval based on these records, the clerks of court and
160mental institutions shall, upon request by the department,
161provide information to help determine whether the potential
162buyer or transferee is the same person as the subject of the
163record. Photographs and any other data that could confirm or
164negate identity must be made available to the department for
165such purposes, notwithstanding any other provision of state law
166to the contrary. Any such information that is made confidential
167or exempt from disclosure by law shall retain such confidential
168or exempt status when transferred to the department.
169     Section 2.  Paragraphs (g) and (h) of subsection (2) of
170section 943.05, Florida Statutes, are amended, and subsection
171(4) is added to that section, to read:
172     943.05  Criminal Justice Information Program; duties; crime
173reports.-
174     (2)  The program shall:
175     (g)  Upon official written request from the agency
176executive director or secretary or from his or her designee, or
177from qualified entities participating in the volunteer and
178employee criminal history screening system under s. 943.0542, or
179as otherwise required As authorized by law, retain fingerprints
180submitted by criminal and noncriminal justice agencies to the
181department for a criminal history background screening in a
182manner provided by rule and enter the fingerprints in the
183statewide automated fingerprint identification system authorized
184by paragraph (b). Such fingerprints shall thereafter be
185available for all purposes and uses authorized for arrest
186fingerprint cards entered into the statewide automated
187fingerprint identification system pursuant to s. 943.051.
188     (h)1.  For each agency or qualified entity that officially
189requests retention of fingerprints or for which retention is
190otherwise required As authorized by law, search all arrest
191fingerprint submissions cards received under s. 943.051 against
192the fingerprints retained in the statewide automated fingerprint
193identification system under paragraph (g). Any arrest record
194that is identified with the retained fingerprints of a person
195subject to background screening as provided in paragraph (g)
196shall be reported to the appropriate agency or qualified entity.
197     2.  To Agencies may participate in this search process,
198agencies or qualified entities must notify each person
199fingerprinted that his or her fingerprints will be retained, pay
200by payment of an annual fee to the department, and inform by
201informing the department of any change in the affiliation,
202employment, or contractual status or place of affiliation,
203employment, or contracting of each person the persons whose
204fingerprints are retained under paragraph (g). The department
205shall adopt a rule setting the amount of the annual fee to be
206imposed upon each participating agency or qualified entity for
207performing these searches and establishing the procedures for
208the retention of fingerprints and the dissemination of search
209results. The fee may be borne by the agency, qualified entity,
210or person subject to fingerprint retention or as otherwise
211provided by law. Fees may be waived or reduced by the executive
212director for good cause shown. Consistent with the recognition
213of criminal justice agencies expressed in s. 943.053(3), these
214services will be provided to criminal justice agencies for
215criminal justice purposes free of charge.
216     (4)  Upon notification that a federal fingerprint retention
217program is in effect, and provided that the department is funded
218and equipped to participate in such a program, the department
219shall, when a state and national criminal history record check
220and retention of submitted prints are authorized or required by
221law, retain the fingerprints as provided in paragraphs (2)(g)
222and (h) and advise the Federal Bureau of Investigation to retain
223the fingerprints at the national level for searching against
224arrest fingerprint submissions received at the national level.
225     Section 3.  Subsection (16) of section 943.12, Florida
226Statutes, is amended to read:
227     943.12  Powers, duties, and functions of the commission.-
228The commission shall:
229     (16)  Adopt Promulgate rules for the certification,
230maintenance, and discipline of officers who engage in those
231specialized areas found to present a high risk of harm to the
232officer or the public at large and which would in turn increase
233the potential liability of an employing agency. The commission
234shall adopt rules requiring the demonstration of proficiency in
235firearms for all law enforcement officers. The commission shall
236by rule include the frequency of demonstration of proficiency
237with firearms and the consequences for officers failing to
238demonstrate proficiency with firearms.
239     Section 4.  Subsection (2) of section 943.131, Florida
240Statutes, is amended to read:
241     943.131  Temporary employment or appointment; minimum basic
242recruit training exemption.-
243     (2)  If an applicant seeks an exemption from completing a
244commission-approved basic recruit training program, the
245employing agency or criminal justice selection center must
246verify that the applicant has successfully completed a
247comparable basic recruit training program for the discipline in
248which the applicant is seeking certification in another state or
249for the Federal Government or a previous Florida basic recruit
250training program. Further, the employing agency or criminal
251justice selection center must verify that the applicant has
252served as a full-time sworn officer in another state or for the
253Federal Government for at least 1 year provided there is no more
254than an 8-year break in employment or was a previously certified
255Florida officer provided there is no more than an 8-year break
256in employment, as measured from the separation date of the most
257recent qualifying employment to the time a complete application
258is submitted for an exemption under this section. When the
259employing agency or criminal justice selection center obtains
260written documentation regarding the applicant's criminal justice
261experience, the documentation must be submitted to the
262commission. The commission shall adopt rules that establish
263criteria and procedures to determine if the applicant is exempt
264from completing the commission-approved basic recruit training
265program and, upon making a determination, shall notify the
266employing agency or criminal justice selection center. An
267applicant who is exempt from completing the commission-approved
268basic recruit training program must demonstrate proficiency in
269the high-liability areas, as defined by commission rule, and
270must complete the requirements of s. 943.13(10) within 1 year
271after receiving an exemption. If the proficiencies and
272requirements of s. 943.13(10) are not met within the 1 year, the
273applicant must seek an additional exemption pursuant to the
274requirements of this subsection complete a commission-approved
275basic recruit training program, as required by the commission by
276rule. Except as provided in subsection (1), before the employing
277agency may employ or appoint the applicant as an officer, the
278applicant must meet the minimum qualifications described in s.
279943.13(1)-(8), and must fulfill the requirements of s.
280943.13(10).
281     Section 5.  Subsection (3) of section 943.1395, Florida
282Statutes, is amended to read:
283     943.1395  Certification for employment or appointment;
284concurrent certification; reemployment or reappointment;
285inactive status; revocation; suspension; investigation.-
286     (3)  Any certified officer who has separated from
287employment or appointment and who is not reemployed or
288reappointed by an employing agency within 4 years after the date
289of separation must meet the minimum qualifications described in
290s. 943.13, except for the requirement found in s. 943.13(9).
291Further, such officer must complete any training required by the
292commission by rule in compliance with s. 943.131(2). Any such
293officer who fails to comply with the requirements provided in s.
294943.131(2) is not reemployed or reappointed by an employing
295agency within 8 years after the date of separation must meet the
296minimum qualifications described in s. 943.13, to include the
297requirement of s. 943.13(9).
298     Section 6.  Paragraph (g) of subsection (1) of section
299943.17, Florida Statutes, is amended to read:
300     943.17  Basic recruit, advanced, and career development
301training programs; participation; cost; evaluation.-The
302commission shall, by rule, design, implement, maintain,
303evaluate, and revise entry requirements and job-related
304curricula and performance standards for basic recruit, advanced,
305and career development training programs and courses. The rules
306shall include, but are not limited to, a methodology to assess
307relevance of the subject matter to the job, student performance,
308and instructor competency.
309     (1)  The commission shall:
310     (g)  Assure that entrance into the basic recruit training
311program for law enforcement and, correctional, and correctional
312probation officers be limited to those who have passed a basic
313skills examination and assessment instrument, based on a job
314task analysis in each discipline and adopted by the commission.
315     Section 7.  Subsection (4) of section 943.1755, Florida
316Statutes, is amended to read:
317     943.1755  Florida Criminal Justice Executive Institute.-
318     (4)  The policy board shall establish administrative
319procedures and operational guidelines necessary to ensure that
320criminal justice executive training needs are identified and met
321through the delivery of quality instruction. The policy board
322may authorize fees to be collected for delivering criminal
323justice executive training. Fees for criminal justice executive
324training collected pursuant to this subsection shall be
325deposited in the Criminal Justice Standards and Training Trust
326Fund and used solely for payment of necessary and proper
327expenses incurred by the department for criminal justice
328executive training.
329     Section 8.  Subsection (2) of section 943.32, Florida
330Statutes, is amended to read:
331     943.32  Statewide criminal analysis laboratory system.-
332There is established a statewide criminal analysis laboratory
333system to be composed of:
334     (2)  The existing locally funded laboratories in Broward,
335Indian River, Miami-Dade, Monroe, Palm Beach, and Pinellas
336Counties, specifically designated in s. 943.35 to be eligible
337for state matching funds; and
338     Section 9.  This act shall take effect July 1, 2010.


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