Florida Senate - 2019                                     SB 764
       By Senator Berman
       31-00465A-19                                           2019764__
    1                        A bill to be entitled                      
    2         An act relating to home safety; creating s. 790.1741,
    3         F.S.; prohibiting a person who owns a firearm from
    4         keeping it in a residence if he or she knows or has
    5         reason to know that another person also residing in
    6         that residence is prohibited from owning, possessing,
    7         purchasing, or receiving a firearm; providing
    8         exceptions; providing criminal penalties; amending s.
    9         790.401, F.S.; defining the term “family or household
   10         member”; redefining the term “petitioner” to include
   11         family or household members; requiring that on a
   12         certain date and annually thereafter each clerk of the
   13         court report to the Office of State Courts
   14         Administrator specified information; requiring that by
   15         a certain date the office compile and publish on its
   16         website a report in a specified manner; conforming
   17         provisions to changes made by the act; providing
   18         effective dates.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Effective October 1, 2019, section 790.1741,
   23  Florida Statutes, is created to read:
   24         790.1741 Access to firearms in residence.—
   25         (1)PROHIBITION.—Unless an exception under subsection (2)
   26  applies, a person who is 18 years of age or older, who is a
   27  legal occupant of a residence, and who owns a firearm may not
   28  keep in that residence a firearm if he or she knows or has
   29  reason to know that another person also residing therein is
   30  prohibited by state or federal law from owning, possessing,
   31  purchasing, or receiving a firearm.
   32         (2)EXCEPTIONS.—Subsection (1) does not apply if that
   33  person does any of the following:
   34         (a) Stores the firearm in a locked container, a locked gun
   35  safe, or a locked trunk.
   36         (b)Disables the firearm by means of a firearm safety
   37  device.
   38         (c)Secures the firearm with a locking device that renders
   39  the firearm inoperable.
   40         (d)Keeps the firearm readily accessible to himself or
   41  herself for immediate use.
   42         (3)PENALTY.—A person who violates this section commits a
   43  misdemeanor of the second degree, punishable as provided in s.
   44  775.082 or s. 775.083.
   45         Section 2. Present paragraphs (a), (b), and (c) of
   46  subsection (1) of section 790.401, Florida Statutes, are
   47  redesignated as paragraphs (b), (c), and (d), respectively,
   48  present paragraph (a) of that subsection is amended, and a new
   49  paragraph (a) is added to that subsection, paragraphs (a), (b),
   50  (f), and (g) of subsection (2) and subsection (13) of that
   51  section are amended, and subsection (15) is added to that
   52  section, to read:
   53         790.401 Risk protection orders.—
   54         (1) DEFINITIONS.—As used in this section, the term:
   55         (a) “Family or household member” has the same meaning as in
   56  s. 741.28. The term also includes a person who:
   57         1. Has a biological or legal parent-child relationship with
   58  the respondent, including a stepparent, stepchild, grandparent,
   59  and grandchild; and
   60         2. Is acting or has acted as the respondent’s legal
   61  guardian.
   62         (b)(a) “Petitioner” means a law enforcement officer, or a
   63  law enforcement agency, or a family or household member that
   64  petitions a court for a risk protection order under this
   65  section.
   66         (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
   67  an action known as a petition for a risk protection order.
   68         (a) A petition for a risk protection order may be filed by
   69  a law enforcement officer, a or law enforcement agency, or a
   70  family or household member.
   71         (b) An action under this section must be filed in the
   72  county where:
   73         1. The petitioner’s law enforcement office is located;
   74         2. The family or household member lives; or
   75         3.the county where The respondent resides.
   76         (f) A law enforcement officer or law enforcement agency
   77  that files a petition under this section The petitioner must
   78  make a good faith effort to provide notice to a family or
   79  household member of the respondent and to any known third party
   80  who may be at risk of violence. The notice must state that the
   81  law enforcement officer or law enforcement agency petitioner
   82  intends to petition the court for a risk protection order or has
   83  already done so and must include referrals to appropriate
   84  resources, including mental health, domestic violence, and
   85  counseling resources. The law enforcement officer or law
   86  enforcement agency petitioner must attest in the petition to
   87  having provided such notice or must attest to the steps that
   88  will be taken to provide such notice.
   89         (g) The petitioner must list the address of record on the
   90  petition as being where the appropriate law enforcement agency
   91  is located or where the family or household member lives.
   92         (13) LIABILITY.—Except as provided in subsection (8) or
   93  subsection (11), this section does not impose criminal or civil
   94  liability on any person or entity for acts or omissions related
   95  to obtaining a risk protection order or temporary ex parte risk
   96  protection order, including, but not limited to, providing
   97  notice to a law enforcement officer or law enforcement agency
   98  the petitioner, a family or household member of the respondent,
   99  and any known third party who may be at risk of violence or
  100  failure to provide such notice, or reporting, declining to
  101  report, investigating, declining to investigate, filing, or
  102  declining to file, a petition under this section.
  103         (15)(a)Beginning January 31, 2020, and by each January 31
  104  thereafter, each clerk of court shall report to the Office of
  105  the State Courts Administrator all of the following information
  106  for the previous calendar year, the total number of:
  107         1. Petitions for a risk protection order sought and the
  108  total number of those petitions that requested that the order be
  109  entered ex parte.
  110         2. Temporary ex parte risk protection orders entered and
  111  the total number denied.
  112         3. Risk protection orders entered and the total number
  113  denied.
  114         4. Risk protection orders vacated upon petition by the
  115  respondent.
  116         5. Risk protection orders extended.
  117         (b)Beginning April 1, 2020, and by each April 1
  118  thereafter, the Office of State Courts Administrator shall
  119  compile and publish on its website a report that provides the
  120  information required by each of subparagraphs (a)1.-5. by
  121  category, by county, and by court.
  122         Section 3. Except as otherwise expressly provided in this
  123  act, this act shall take effect July 1, 2019.