Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for SB 1286
       
       
       
       
       
       
                                Ì703346)Î703346                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             02/28/2024 03:59 PM       .                                
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       Senator Collins moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 790.08, Florida
    6  Statutes, is amended to read:
    7         790.08 Taking possession of weapons and arms; reports;
    8  disposition; custody.—
    9         (1)(a) Every officer making an arrest under s. 790.07, or
   10  under any other law or municipal ordinance within the state,
   11  shall take possession of any weapons, electric weapons or
   12  devices, or arms mentioned in s. 790.07 found upon the person
   13  arrested and deliver them to the sheriff of the county, or the
   14  chief of police of the municipality wherein the arrest is made,
   15  who shall retain the same until after the trial of the person
   16  arrested.
   17         (b) Any weapons, electric weapons or devices, or arms that
   18  are taken from a person under paragraph (a) that are not either
   19  seized as evidence or seized and subject to forfeiture under ss.
   20  932.701–932.7062 must be returned upon request to the person
   21  from whom the weapons, electric weapons or devices, or arms were
   22  taken within 30 days after such request is made if he or she
   23  meets all of the following criteria:
   24         1. The person has been released from detention.
   25         2. The person provides a form of government-issued
   26  photographic identification.
   27         3. If requesting the return of a firearm, a completed
   28  criminal history background check confirms that the person is
   29  not prohibited from possessing a firearm under state or federal
   30  law, including not having any prohibition arising from an
   31  injunction, a risk protection order, or any other court order
   32  prohibiting the person from possessing a firearm.
   33         (c) The sheriff or chief of police may develop reasonable
   34  procedures to ensure the timely return of weapons, electric
   35  weapons or devices, or arms which are not inconsistent with this
   36  subsection.
   37         (d) The sheriff or chief of police may not require a court
   38  order to release weapons, electric weapons or devices, or arms
   39  that are not seized as evidence in a criminal proceeding unless
   40  there are competing claims of ownership of such weapons,
   41  electric weapons or devices, or arms.
   42         Section 2. Subsection (3) of section 933.14, Florida
   43  Statutes, is amended to read:
   44         933.14 Return of property taken under search warrant.—
   45         (3) No pistol or firearm taken by any officer with a search
   46  warrant or without a search warrant upon a view by the officer
   47  of a breach of the peace shall be returned except pursuant to an
   48  order of a trial court judge.
   49         Section 3. This act shall take effect July 1, 2024.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Delete everything before the enacting clause
   54  and insert:
   55                        A bill to be entitled                      
   56         An act relating to the return of weapons and arms
   57         following an arrest; amending s. 790.08, F.S.;
   58         requiring that weapons, electric weapons or devices,
   59         or arms taken from a person pursuant to an arrest that
   60         are not either seized as evidence or seized and
   61         subject to forfeiture be returned to the person within
   62         a certain timeframe if specified conditions are met;
   63         authorizing a sheriff or chief of police to develop
   64         procedures to ensure the timely return of such
   65         weapons, electric weapons or devices, or arms;
   66         prohibiting a sheriff or chief of police from
   67         requiring a court order before releasing such weapons,
   68         electric weapons or devices, or arms; providing an
   69         exception; amending s. 933.14, F.S.; deleting a
   70         requirement for an order of a trial court judge to
   71         return a pistol or firearm taken by an officer for a
   72         breach of the peace; providing an effective date.