Florida Senate - 2024                                    SB 1286
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01515-24                                           20241286__
    1                        A bill to be entitled                      
    2         An act relating to the return of weapons and arms
    3         following an arrest; amending s. 790.08, F.S.;
    4         requiring that weapons, electric weapons or devices,
    5         or arms taken from a person pursuant to an arrest
    6         which are not seized as evidence be returned upon
    7         request to the person from whom they were taken if
    8         specified conditions are met; authorizing a sheriff or
    9         chief of police to develop reasonable procedures to
   10         ensure the timely return of certain weapons, electric
   11         weapons or devices, or arms; prohibiting a sheriff or
   12         chief of police from requiring a court order before
   13         releasing certain weapons, electric weapons or
   14         devices, or arms; providing an exception; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (1) of section 790.08, Florida
   20  Statutes, is amended to read:
   21         790.08 Taking possession of weapons and arms; reports;
   22  disposition; custody.—
   23         (1)(a) Every officer making an arrest under s. 790.07, or
   24  under any other law or municipal ordinance within the state,
   25  shall take possession of any weapons, electric weapons or
   26  devices, or arms mentioned in s. 790.07 found upon the person
   27  arrested and deliver them to the sheriff of the county, or the
   28  chief of police of the municipality wherein the arrest is made,
   29  who shall retain the same until after the trial of the person
   30  arrested.
   31         (b) Any weapons, electric weapons or devices, or arms that
   32  are taken from a person under paragraph (a) which are not seized
   33  as evidence must be returned upon request to the person from
   34  whom the weapons, electric weapons or devices, or arms were
   35  taken if the person meets all of the following criteria:
   36         1. The person has been released from detention.
   37         2. The person provides a form of government-issued
   38  photographic identification.
   39         3. If requesting the return of a firearm, a completed
   40  criminal history background check confirms the person is not
   41  prohibited from possessing a firearm under state or federal law,
   42  including not having any prohibition arising from an injunction,
   43  a risk protection order, or any other court order prohibiting
   44  the person from possessing a firearm.
   45         (c) The sheriff or chief of police may develop reasonable
   46  procedures to ensure the timely return of weapons, electric
   47  weapons or devices, or arms which are not inconsistent with this
   48  subsection.
   49         (d) The sheriff or chief of police may not require a court
   50  order to release weapons, electric weapons or devices, or arms
   51  that are not seized as evidence in a criminal proceeding unless
   52  there are competing claims of ownership of such weapons,
   53  electric weapons or devices, or arms.
   54         Section 2. This act shall take effect July 1, 2024.