Florida Senate - 2013                                    SB 1484
       
       
       
       By Senator Smith
       
       
       
       
       31-01234-13                                           20131484__
    1                        A bill to be entitled                      
    2         An act relating to mental health; amending s.
    3         491.0147, F.S.; providing that the confidentiality of
    4         communications between certain health care providers
    5         and patients is waived under certain circumstances;
    6         requiring certain health care providers to report
    7         certain information to the Department of Law
    8         Enforcement; amending s. 790.06, F.S.; prohibiting the
    9         Department of Agriculture and Consumer Services from
   10         issuing a concealed weapons license to a person
   11         incapable of exercising proper judgment with respect
   12         to a firearm; establishing criteria to determine
   13         whether a person is incapable of exercising proper
   14         judgment with respect to a firearm; providing a method
   15         of appeal for a person found incapable of proper
   16         judgment with respect to firearms; requiring the
   17         department to forward certain appeal documentation to
   18         the Department of Law Enforcement; requiring the
   19         Department of Law Enforcement to remove certain mental
   20         health records from the firearm-prohibited persons
   21         database under certain circumstances; providing that
   22         the Department of Agriculture and Consumer Services
   23         must suspend or revoke the license of a person
   24         incapable of exercising proper judgment with respect
   25         to a firearm; amending s. 790.065, F.S.; requiring the
   26         Department of Law Enforcement to determine if a person
   27         is incapable of exercising proper judgment with
   28         respect to a firearm during a firearm sale background
   29         check and, if so, prohibit the sale of a firearm to
   30         such person; providing a definition for the term
   31         “incapable of exercising sound judgment with respect
   32         to the proper use and storage of a firearm”; requiring
   33         the department to compile and maintain a database of
   34         persons who enter a plea of not guilty by reason of
   35         insanity in a criminal proceeding or who have been
   36         reported as suffering certain mental disorders and
   37         posing a risk to themselves or others by a health care
   38         provider; requiring clerks of court to submit the
   39         record of a criminal plea of not guilty by reason of
   40         insanity or mental defect to the department; requiring
   41         certain health care providers to submit certain
   42         information for inclusion in the database; providing
   43         that a person denied during a firearm sale due to
   44         being incapable of exercising proper judgment with
   45         respect to a firearm may file an appeal; describing
   46         the appeal procedure; requiring the department to
   47         remove certain records from the database upon a
   48         successful appeal by a denied firearm purchaser;
   49         requiring health care providers who provide
   50         information for inclusion in the database to assist
   51         the department in verifying the identity of denied
   52         firearm purchasers; creating s. 790.0651, F.S.;
   53         providing legislative intent; providing definitions;
   54         requiring certain health care providers to report
   55         identifying information of patients who suffer certain
   56         mental illnesses and pose a risk to themselves or
   57         others to the Department of Law Enforcement; providing
   58         a method by which such reports must be made; requiring
   59         the department to provide a reporting health care
   60         provider with a unique report number; requiring the
   61         department to create or update a record in the
   62         firearm-prohibited persons database based on the
   63         report; requiring the department to provide notice to
   64         the person who is the subject of a report if a record
   65         is created based upon the report; limiting the use of
   66         information in reports provided by health care
   67         providers; requiring certain identifying information
   68         of a reporting health care provider to be included in
   69         a record and held confidential and exempt; providing
   70         that a reporting health care provider is presumed to
   71         act in good faith, unless otherwise shown by clear and
   72         convincing evidence, and is immune from civil and
   73         criminal liability; providing that a health care
   74         provider may be disciplined for failure to comply with
   75         this act; describing effect of the act; requiring the
   76         Department of Law Enforcement and the Department of
   77         Health to adopt rules; creating s. 790.234, F.S.;
   78         prohibiting the possession of firearms and ammunition
   79         by persons with certain mental health records in the
   80         firearm-prohibited persons database; providing
   81         penalties; providing an effective date.
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Section 491.0147, Florida Statutes, is amended
   86  to read:
   87         491.0147 Confidentiality and privileged communications.—Any
   88  communication between any person licensed or certified under
   89  this chapter and her or his patient or client shall be
   90  confidential.
   91         (1) This confidentiality secrecy may be waived under the
   92  following conditions:
   93         (a)(1) When the person licensed or certified under this
   94  chapter is a party defendant to a civil, criminal, or
   95  disciplinary action arising from a complaint filed by the
   96  patient or client, in which case the waiver shall be limited to
   97  that action; or.
   98         (b)(2) When the patient or client agrees to the waiver, in
   99  writing, or, when more than one person in a family is receiving
  100  therapy, when each family member agrees to the waiver, in
  101  writing.
  102         (2)(3)This confidentiality shall be waived if when, in the
  103  clinical judgment of the person licensed or certified under this
  104  chapter, there is a clear and immediate probability of physical
  105  harm to the patient or client, to other individuals, or to
  106  society. and The person licensed or certified under this chapter
  107  may communicate communicates the information only to the
  108  potential victim, appropriate family member, or law enforcement,
  109  or other appropriate authorities, but shall make a report to the
  110  Department of Law Enforcement pursuant to s. 790.0651. There
  111  shall be no liability on the part of, and no cause of action of
  112  any nature shall arise against, a person licensed or certified
  113  under this chapter for the disclosure of otherwise confidential
  114  communications under this subsection.
  115         Section 2. Subsections (2) and (10) of section 790.06,
  116  Florida Statutes, are amended to read:
  117         790.06 License to carry concealed weapon or firearm.—
  118         (2) The Department of Agriculture and Consumer Services
  119  shall issue a license if the applicant:
  120         (a) Is a resident of the United States and a citizen of the
  121  United States or a permanent resident alien of the United
  122  States, as determined by the United States Bureau of Citizenship
  123  and Immigration Services, or is a consular security official of
  124  a foreign government that maintains diplomatic relations and
  125  treaties of commerce, friendship, and navigation with the United
  126  States and is certified as such by the foreign government and by
  127  the appropriate embassy in this country;
  128         (b) Is 21 years of age or older;
  129         (c) Does not suffer from a physical infirmity which
  130  prevents the safe handling of a weapon or firearm;
  131         (d) Is not ineligible to possess a firearm pursuant to s.
  132  790.23 by virtue of having been convicted of a felony;
  133         (e) Has not been committed for the abuse of a controlled
  134  substance or been found guilty of a crime under the provisions
  135  of chapter 893 or similar laws of any other state relating to
  136  controlled substances within a 3-year period immediately
  137  preceding the date on which the application is submitted;
  138         (f) Does not chronically and habitually use alcoholic
  139  beverages or other substances to the extent that his or her
  140  normal faculties are impaired. It shall be presumed that an
  141  applicant chronically and habitually uses alcoholic beverages or
  142  other substances to the extent that his or her normal faculties
  143  are impaired if the applicant has been committed under chapter
  144  397 or under the provisions of former chapter 396 or has been
  145  convicted under s. 790.151 or has been deemed a habitual
  146  offender under s. 856.011(3), or has had two or more convictions
  147  under s. 316.193 or similar laws of any other state, within the
  148  3-year period immediately preceding the date on which the
  149  application is submitted;
  150         (g) Desires a legal means to carry a concealed weapon or
  151  firearm for lawful self-defense;
  152         (h) Demonstrates competence with a firearm by any one of
  153  the following:
  154         1. Completion of any hunter education or hunter safety
  155  course approved by the Fish and Wildlife Conservation Commission
  156  or a similar agency of another state;
  157         2. Completion of any National Rifle Association firearms
  158  safety or training course;
  159         3. Completion of any firearms safety or training course or
  160  class available to the general public offered by a law
  161  enforcement, junior college, college, or private or public
  162  institution or organization or firearms training school,
  163  utilizing instructors certified by the National Rifle
  164  Association, Criminal Justice Standards and Training Commission,
  165  or the Department of Agriculture and Consumer Services;
  166         4. Completion of any law enforcement firearms safety or
  167  training course or class offered for security guards,
  168  investigators, special deputies, or any division or subdivision
  169  of law enforcement or security enforcement;
  170         5. Presents evidence of equivalent experience with a
  171  firearm through participation in organized shooting competition
  172  or military service;
  173         6. Is licensed or has been licensed to carry a firearm in
  174  this state or a county or municipality of this state, unless
  175  such license has been revoked for cause; or
  176         7. Completion of any firearms training or safety course or
  177  class conducted by a state-certified or National Rifle
  178  Association certified firearms instructor;
  179  
  180  A photocopy of a certificate of completion of any of the courses
  181  or classes; or an affidavit from the instructor, school, club,
  182  organization, or group that conducted or taught said course or
  183  class attesting to the completion of the course or class by the
  184  applicant; or a copy of any document which shows completion of
  185  the course or class or evidences participation in firearms
  186  competition shall constitute evidence of qualification under
  187  this paragraph; any person who conducts a course pursuant to
  188  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
  189  an instructor, attests to the completion of such courses, must
  190  maintain records certifying that he or she observed the student
  191  safely handle and discharge the firearm;
  192         (i) Has not been adjudicated an incapacitated person under
  193  s. 744.331, or similar laws of any other state, unless 5 years
  194  have elapsed since the applicant’s restoration to capacity by
  195  court order;
  196         (j) Has not been committed to a mental institution under
  197  chapter 394, or similar laws of any other state, unless the
  198  applicant produces a certificate from a licensed psychiatrist
  199  that he or she has not suffered from disability for at least 5
  200  years before prior to the date of submission of the application;
  201         (k) Is capable of exercising sound judgment with respect to
  202  the proper use and storage of a firearm;
  203         1. A person is deemed incapable of exercising sound
  204  judgment with respect to the proper use and storage of a firearm
  205  if the person:
  206         a.Has entered in a criminal proceeding a plea of not
  207  guilty by reason of insanity or mental defect; or
  208         b. Has been diagnosed or treated by a licensed physician or
  209  psychologist as suffering from an active psychiatric or
  210  psychological disorder or condition that causes or is likely to
  211  cause substantial impairment in judgment, mood, perception,
  212  impulse control, or intellectual ability, and the person poses a
  213  risk of serious harm to himself, herself, or others. If the
  214  condition or disorder is in remission but is reasonably likely
  215  to redevelop at a future time or requires continuous medical
  216  treatment to avoid, such condition or disorder shall be
  217  considered an active condition or disorder. Such conditions or
  218  disorders may include, but are not limited to:
  219         (I) Schizophrenia or delusional disorder;
  220         (II) Bipolar disorder;
  221         (III) Chronic dementia, whether caused by illness, brain
  222  defect, or brain injury;
  223         (IV) Dissociative identity disorder;
  224         (V) Intermittent explosive disorder; and
  225         (VI)Antisocial personality disorder.
  226         2. A person who has been found incapable of exercising
  227  sound judgment with respect to the proper use and storage of a
  228  firearm may appeal such finding by providing the department with
  229  a certificate, dated no more than 30 days before receipt by the
  230  department, from a licensed physician whose primary practice is
  231  in the field of psychiatry or psychology, stating that the
  232  psychiatric or psychological disorder or condition is in
  233  remission and is not reasonably likely to develop at a future
  234  time and that the person does not pose a threat of harm to
  235  himself, herself, or others. However, if the basis of a finding
  236  of incapability to exercise sound judgment with respect to the
  237  proper use and storage of a firearm is a plea of not guilty by
  238  reason of insanity or mental defect in a criminal proceeding,
  239  the prohibited person must submit the certificate described
  240  above, but only after the criminal action in which the plea was
  241  entered has been disposed. The department shall forward a valid
  242  certificate to the Department of Law Enforcement. The Department
  243  of Law Enforcement shall delete any mental health record of the
  244  person who is the subject of the certificate from the automated
  245  database of persons who are prohibited from purchasing a firearm
  246  if the record was based solely upon a report pursuant to s.
  247  790.0651 or a plea of not guilty by reason of insanity or mental
  248  defect;
  249         (l)(k) Has not had adjudication of guilt withheld or
  250  imposition of sentence suspended on any felony or misdemeanor
  251  crime of domestic violence unless 3 years have elapsed since
  252  probation or any other conditions set by the court have been
  253  fulfilled, or the record has been sealed or expunged;
  254         (m)(l) Has not been issued an injunction that is currently
  255  in force and effect and that restrains the applicant from
  256  committing acts of domestic violence or acts of repeat violence;
  257  and
  258         (n)(m) Is not prohibited from purchasing or possessing a
  259  firearm by any other provision of Florida or federal law.
  260         (10) A license issued under this section shall be suspended
  261  or revoked pursuant to chapter 120 if the licensee:
  262         (a) Is found to be ineligible under the criteria set forth
  263  in subsection (2);
  264         (b) Develops or sustains a physical infirmity which
  265  prevents the safe handling of a weapon or firearm;
  266         (c) Is convicted of a felony which would make the licensee
  267  ineligible to possess a firearm pursuant to s. 790.23;
  268         (d) Is found guilty of a crime under the provisions of
  269  chapter 893, or similar laws of any other state, relating to
  270  controlled substances;
  271         (e) Is committed as a substance abuser under chapter 397,
  272  or is deemed a habitual offender under s. 856.011(3), or similar
  273  laws of any other state;
  274         (f) Is convicted of a second violation of s. 316.193, or a
  275  similar law of another state, within 3 years of a previous
  276  conviction of such section, or similar law of another state,
  277  even though the first violation may have occurred prior to the
  278  date on which the application was submitted;
  279         (g) Is adjudicated an incapacitated person under s.
  280  744.331, or similar laws of any other state; or
  281         (h) Is committed to a mental institution under chapter 394,
  282  or similar laws of any other state; or
  283         (i) Is incapable of exercising sound judgment with respect
  284  to the proper use and storage of a firearm.
  285         Section 3. Paragraph (a) of subsection (2) of section
  286  790.065, Florida Statutes, is amended to read:
  287         790.065 Sale and delivery of firearms.—
  288         (2) Upon receipt of a request for a criminal history record
  289  check, the Department of Law Enforcement shall, during the
  290  licensee’s call or by return call, forthwith:
  291         (a) Review any records available to determine if the
  292  potential buyer or transferee:
  293         1. Has been convicted of a felony and is prohibited from
  294  receipt or possession of a firearm pursuant to s. 790.23;
  295         2. Has been convicted of a misdemeanor crime of domestic
  296  violence, and therefore is prohibited from purchasing a firearm;
  297         3. Has had adjudication of guilt withheld or imposition of
  298  sentence suspended on any felony or misdemeanor crime of
  299  domestic violence unless 3 years have elapsed since probation or
  300  any other conditions set by the court have been fulfilled or
  301  expunction has occurred; or
  302         4. Has been adjudicated mentally defective or has been
  303  committed to a mental institution by a court and as a result is
  304  prohibited by federal law from purchasing a firearm, or is
  305  incapable of exercising sound judgment with respect to the
  306  proper use and storage of a firearm and prohibited from
  307  possessing a firearm under s. 790.234.
  308         a. As used in this subparagraph, “adjudicated mentally
  309  defective” means a determination by a court that a person, as a
  310  result of marked subnormal intelligence, or mental illness,
  311  incompetency, condition, or disease, is a danger to himself or
  312  herself or to others or lacks the mental capacity to contract or
  313  manage his or her own affairs. The phrase includes a judicial
  314  finding of incapacity under s. 744.331(6)(a), an acquittal by
  315  reason of insanity of a person charged with a criminal offense,
  316  and a judicial finding that a criminal defendant is not
  317  competent to stand trial.
  318         b. As used in this subparagraph, “committed to a mental
  319  institution” means involuntary commitment, commitment for mental
  320  defectiveness or mental illness, and commitment for substance
  321  abuse. The phrase includes involuntary inpatient placement as
  322  defined in s. 394.467, involuntary outpatient placement as
  323  defined in s. 394.4655, involuntary assessment and stabilization
  324  under s. 397.6818, and involuntary substance abuse treatment
  325  under s. 397.6957, but does not include a person in a mental
  326  institution for observation or discharged from a mental
  327  institution based upon the initial review by the physician or a
  328  voluntary admission to a mental institution.
  329         c. As used in this subparagraph, “incapable of exercising
  330  sound judgment with respect to the proper use and storage of a
  331  firearm” means the diagnosis by a licensed physician that the
  332  person suffers from an active psychiatric or psychological
  333  disorder or condition that causes or is likely to cause
  334  substantial impairment in judgment, mood, perception, impulse
  335  control, or intellectual ability, and the person poses a risk of
  336  serious harm to himself, herself, or others. If the condition or
  337  disorder is in remission but is reasonably likely to redevelop
  338  at a future time or requires continuous medical treatment to
  339  avoid, such condition or disorder shall be considered an active
  340  condition or disorder. Such conditions or disorders may include,
  341  but are not limited to, schizophrenia or delusional disorder;
  342  bipolar disorder; chronic dementia, whether caused by illness,
  343  brain defect, or brain injury; dissociative identity disorder;
  344  intermittent explosive disorder; or antisocial personality
  345  disorder. The term also includes a person who has entered in a
  346  criminal proceeding a plea of not guilty by reason of insanity
  347  or mental defect.
  348         d.c. In order to check for these conditions, the department
  349  shall compile and maintain an automated database of persons who
  350  are prohibited from purchasing a firearm based on court records
  351  of adjudications of mental defectiveness, or commitments to
  352  mental institutions, criminal pleas of not guilty by reason of
  353  insanity or mental defect, and reports of mental health status
  354  pursuant to s. 790.0651. Clerks of court shall submit these
  355  records to the department within 1 month after the rendition of
  356  the adjudication, or commitment, or plea. Reports shall be
  357  submitted in an automated format. The reports must, at a
  358  minimum, include the name, along with any known alias or former
  359  name, the sex, and the date of birth of the subject. Health care
  360  providers shall submit reports of mental health status for
  361  inclusion in the database pursuant to s. 790.0651.
  362         e.d. A person who has been adjudicated mentally defective
  363  or committed to a mental institution, as those terms are defined
  364  in this paragraph, may petition the circuit court that made the
  365  adjudication or commitment for relief from the firearm
  366  disabilities imposed by such adjudication or commitment. A copy
  367  of the petition shall be served on the state attorney for the
  368  county in which the person was adjudicated or committed. The
  369  state attorney may object to and present evidence relevant to
  370  the relief sought by the petition. The hearing on the petition
  371  may be open or closed as the petitioner may choose. The
  372  petitioner may present evidence and subpoena witnesses to appear
  373  at the hearing on the petition. The petitioner may confront and
  374  cross-examine witnesses called by the state attorney. A record
  375  of the hearing shall be made by a certified court reporter or by
  376  court-approved electronic means. The court shall make written
  377  findings of fact and conclusions of law on the issues before it
  378  and issue a final order. The court shall grant the relief
  379  requested in the petition if the court finds, based on the
  380  evidence presented with respect to the petitioner’s reputation,
  381  the petitioner’s mental health record and, if applicable,
  382  criminal history record, the circumstances surrounding the
  383  firearm disability, and any other evidence in the record, that
  384  the petitioner will not be likely to act in a manner that is
  385  dangerous to public safety and that granting the relief would
  386  not be contrary to the public interest. If the final order
  387  denies relief, the petitioner may not petition again for relief
  388  from firearm disabilities until 1 year after the date of the
  389  final order. The petitioner may seek judicial review of a final
  390  order denying relief in the district court of appeal having
  391  jurisdiction over the court that issued the order. The review
  392  shall be conducted de novo. Relief from a firearm disability
  393  granted under this sub-subparagraph has no effect on the loss of
  394  civil rights, including firearm rights, for any reason other
  395  than the particular adjudication of mental defectiveness or
  396  commitment to a mental institution from which relief is granted.
  397         f.A person who has been denied a firearm due to incapacity
  398  to exercise sound judgment with respect to the proper use and
  399  storage of a firearm may appeal the determination by providing
  400  the department with a certificate, dated no more than 30 days
  401  before receipt by the department, from a licensed physician
  402  whose primary practice is in the field of psychiatry or
  403  psychology, stating that the psychiatric or psychological
  404  disorder or condition is in remission and is not reasonably
  405  likely to redevelop at a future time and that the person does
  406  not pose a threat of harm to himself, herself, or others.
  407  However, if the basis of a denial due to incapacity to exercise
  408  sound judgment with respect to the proper use and storage of a
  409  firearm is a plea of not guilty by reason of insanity or mental
  410  defect in a criminal proceeding, the person denied the firearm
  411  must submit the certificate described above, but only after the
  412  criminal action in which the plea was entered has been disposed.
  413         g.e. Upon receipt of proper notice of relief from firearm
  414  disabilities granted under sub-subparagraph e. d., the
  415  department shall remove delete any mental health record of the
  416  person granted relief from the automated database of persons who
  417  are prohibited from purchasing a firearm based on court records
  418  of adjudications of mental defectiveness or commitments to
  419  mental institutions. Upon receipt of a valid certificate from a
  420  licensed physician pursuant to sub-subparagraph f., the
  421  department shall remove any mental health record of the person
  422  who is the subject of the certificate from the automated
  423  database of persons who are prohibited from purchasing a firearm
  424  if the record was based solely upon a report pursuant to s.
  425  790.0651 or a plea of not guilty by reason of insanity or mental
  426  defect.
  427         h.f. The department is authorized to disclose the collected
  428  data to agencies of the Federal Government and other states for
  429  use exclusively in determining the lawfulness of a firearm sale
  430  or transfer. The department is also authorized to disclose any
  431  collected data to the Department of Agriculture and Consumer
  432  Services for purposes of determining eligibility for issuance of
  433  a concealed weapons or concealed firearms license and for
  434  determining whether a basis exists for revoking or suspending a
  435  previously issued license pursuant to s. 790.06(10). When a
  436  potential buyer or transferee appeals a nonapproval based on
  437  these records, the clerks of court, and mental institutions, and
  438  health care providers reporting a mental health status pursuant
  439  to s. 790.0651 shall, upon request by the department, provide
  440  information to help determine whether the potential buyer or
  441  transferee is the same person as the subject of the record.
  442  Photographs and any other data that could confirm or negate
  443  identity must be made available to the department for such
  444  purposes, notwithstanding any other provision of state law to
  445  the contrary. Any such information that is made confidential or
  446  exempt from disclosure by law shall retain such confidential or
  447  exempt status when transferred to the department.
  448         Section 4. Section 790.0651, Florida Statutes, is created
  449  to read:
  450         790.0651Mandatory reporting of mental health status for
  451  firearm safety.—
  452         (1) The Legislature finds that prohibiting persons who have
  453  mental illness from having access to firearms is an important
  454  state interest and an interest that has been acknowledged and
  455  supported by the United States Supreme Court. Numerous high
  456  profile tragedies involving gun violence have illustrated that a
  457  critical deficiency exists in regard to records of persons who
  458  have mental illness in the current system of firearm background
  459  checks. This deficiency results in the detection of only a small
  460  percentage of the dangerous mentally ill, those persons who have
  461  been adjudicated as having a mental defect or who have been
  462  involuntarily committed to a mental institution. An adjudication
  463  of mental defectiveness or involuntary commitment is the
  464  exception and not the rule for those suffering from mental
  465  illness. As a result, only a small number of persons who have a
  466  mental illness and who pose a risk to themselves or others are
  467  prevented from purchasing or carrying firearms. Requiring health
  468  care providers with direct knowledge of an individual’s mental
  469  health status and propensity for violence to provide identifying
  470  information to law enforcement for inclusion in the automated
  471  database of persons prohibited from purchasing a firearm will
  472  more fully enable the state to realize its goal of preventing
  473  the dangerous mentally ill from accessing guns that may be used
  474  to harm innocent persons in this state.
  475         (2) As used in this section, the term:
  476         (a)“Firearm-prohibited persons database” means the
  477  automated database of persons prohibited from purchasing a
  478  firearm created by s. 790.065 and currently operating under the
  479  name Mental Competency Database, or MECOM.
  480         (b) “Health care provider” means any person licensed under
  481  chapter 458, chapter 490, or chapter 491.
  482         (3) A healthcare provider shall report the name, known
  483  aliases, last known address, social security number, or other
  484  unique government identification number, date of birth, race,
  485  and sex of a person who poses a serious danger to himself,
  486  herself, or others and who has been diagnosed or treated by the
  487  health care provider as suffering from an active psychiatric or
  488  psychological disorder or condition that causes or is likely to
  489  cause substantial impairment in judgment, mood, perception,
  490  impulse control, or intellectual ability which may include, but
  491  is not limited to, the following diagnosed conditions:
  492         (a)Schizophrenia or delusional disorder.
  493         (b)Bipolar disorder.
  494         (c)Chronic dementia, whether caused by illness, brain
  495  defect, or brain injury.
  496         (d)Dissociative identity disorder.
  497         (e)Intermittent explosive disorder.
  498         (f)Antisocial personality disorder.
  499         (4)If a person suffers from a disorder or condition
  500  described in subsection (3) which is in remission but is
  501  reasonably likely to redevelop at a future time or requires
  502  continuous medical treatment to avoid, such condition shall be
  503  considered an active psychiatric or psychological disorder or
  504  condition for purposes of this section.
  505         (5)Reports required pursuant to this section must be made
  506  to the Department of Law Enforcement through a single statewide
  507  telephone number, fax number, or secure web-based system
  508  operating 24 hours a day, every day of the year. Upon receipt of
  509  such report, the Department of Law Enforcement shall provide the
  510  reporting health care provider with a unique report
  511  identification number for the health care provider’s records.
  512         (6) Within 24 hours after the receipt of a report, the
  513  Department of Law Enforcement shall create a record based upon
  514  the identifying information contained in the report and shall
  515  enter the record into the firearm-prohibited persons database.
  516  If a record exists for the reported person within the firearm
  517  prohibited persons database at the time of the report, the
  518  Department of Law Enforcement shall update such record with
  519  information contained in the most recent report.
  520         (7) Within 5 days after the creation of a record in the
  521  firearm-prohibited persons database based upon a report under
  522  this section, the Department of Law Enforcement shall provide
  523  notice to the person who is the subject of the record advising
  524  that he or she is prohibited from possessing a firearm in
  525  accordance with s. 790.234.
  526         (8)Reports provided by health care providers pursuant to
  527  this section may be used only to determine an individual’s
  528  eligibility to purchase a firearm or carry a concealed weapon
  529  pursuant to ss. 790.06 and 790.065. Protected health information
  530  that is confidential or exempt from disclosure by law shall
  531  retain such confidential or exempt status when provided to the
  532  Department of Law Enforcement in a report under this section.
  533         (9) The name, license number, and contact information of
  534  the reporting health care provider shall be entered into a
  535  record created or updated in the firearm-prohibited persons
  536  database based upon a report under this section, but such
  537  information shall be held confidential and exempt as provided by
  538  s. 790.0652.
  539         (10) A health care provider who makes a report pursuant to
  540  this section or participates in a resulting judicial proceeding
  541  is presumed to be acting in good faith, and unless lack of good
  542  faith is shown by clear and convincing evidence, is immune from
  543  liability, civil or criminal, which otherwise might be incurred
  544  or imposed.
  545         (11)A health care provider who fails to comply with this
  546  section may be disciplined by his or her licensing authority.
  547         (12) This section does not enlarge or reduce other required
  548  or authorized disclosures of protected health information by
  549  health care providers for the protection of their patients or
  550  clients, or the public.
  551         (13) The Department of Law Enforcement, in cooperation with
  552  the Department of Health, shall adopt forms and rules to
  553  implement this section.
  554         Section 5. Section 790.234, Florida Statutes, is created to
  555  read:
  556         790.234Possession of firearms or ammunition prohibited
  557  when person has active mental health record in firearm
  558  prohibited persons database.—
  559         (1) A person may not have in his or her care, custody,
  560  possession, or control any firearm or ammunition if the person
  561  has an active mental health record in the automated database of
  562  persons prohibited from purchasing a firearm under s. 790.065,
  563  and the record is based upon a mental health status report
  564  pursuant to s. 790.0651 or upon a plea of not guilty by reason
  565  of insanity or mental defect in a criminal proceeding.
  566         (2) A person who violates subsection (1) commits a
  567  misdemeanor of the second degree, punishable as provided in s.
  568  775.082 or s. 775.083.
  569         Section 6. This act shall take effect July 1, 2013.