Florida Senate - 2016                                    SB 1476
       By Senator Sobel
       33-01169A-16                                          20161476__
    1                        A bill to be entitled                      
    2         An act relating to firearm violence; amending s.
    3         790.233, F.S.; increasing criminal penalties for
    4         violations involving possession of a firearm or
    5         ammunition when a person is subject to a specified
    6         injunction; creating s. 790.234, F.S.; providing for
    7         temporary custody of firearms by a law enforcement
    8         officer at the scene of a domestic violence incident;
    9         providing for return of firearms after a specified
   10         period; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 790.233, Florida Statutes, is amended to
   15  read:
   16         790.233 Possession of firearm or ammunition prohibited when
   17  person is subject to an injunction against committing acts of
   18  domestic violence, stalking, or cyberstalking; penalties.—
   19         (1) A person may not have in his or her care, custody,
   20  possession, or control any firearm or ammunition if the person
   21  has been issued a final injunction that is currently in force
   22  and effect, restraining that person from committing acts of
   23  domestic violence, as issued under s. 741.30, or from committing
   24  acts of stalking or cyberstalking, as issued under s. 784.0485.
   25         (2) A person who violates subsection (1) commits a felony
   26  misdemeanor of the first degree, punishable as provided in s.
   27  775.082, or s. 775.083, or s. 775.084.
   28         (3) It is the intent of the Legislature that the
   29  disabilities regarding possession of firearms and ammunition are
   30  consistent with federal law. Accordingly, this section does not
   31  apply to a state or local officer as defined in s. 943.10(14),
   32  holding an active certification, who receives or possesses a
   33  firearm or ammunition for use in performing official duties on
   34  behalf of the officer’s employing agency, unless otherwise
   35  prohibited by the employing agency.
   36         Section 2. Section 790.234, Florida Statutes, is created to
   37  read:
   38         790.234 Domestic violence; temporary custody of firearms.—
   39         (1) When at the scene of an alleged act of domestic
   40  violence as defined in s. 741.28, a law enforcement officer may
   41  remove a firearm from the scene if:
   42         (a) The law enforcement officer has probable cause to
   43  believe that an act of domestic violence has occurred.
   44         (b) The firearm is in plain view or is discovered during a
   45  consensual or other lawful search.
   46         (2) If a firearm is removed from the scene under subsection
   47  (1), the law enforcement officer shall:
   48         (a) Provide to the owner of the firearm information on the
   49  process for retaking possession of the firearm.
   50         (b) Provide for the safe storage of the firearm during the
   51  pendency of any proceeding related to the alleged act of
   52  domestic violence.
   53         (3) Within 14 days after the conclusion of a proceeding on
   54  the alleged act of domestic violence, the owner of the firearm
   55  may retake possession of the firearm unless ordered to surrender
   56  the firearm pursuant to s. 790.233.
   57         Section 3. This act shall take effect July 1, 2016.