Senate Bill 1986

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    Florida Senate - 1999                                  SB 1986

    By Senator Diaz-Balart





    37-1312-99

  1                      A bill to be entitled

  2         An act relating to weapons and firearms;

  3         amending s. 790.06, F.S.; revising the

  4         qualifications for obtaining a license to carry

  5         a concealed weapon or firearm; prohibiting the

  6         Department of State from issuing such a license

  7         to any person who has been involuntarily

  8         committed to a mental institution under the

  9         Baker Act; prohibiting such a license from

10         being issued to a person who has been

11         voluntarily committed to a facility, is

12         mentally ill, and presents a substantial

13         likelihood of harming self or others;

14         authorizing the Department of State to suspend

15         such a license upon notification of a person's

16         disqualification; amending s. 790.23, F.S.;

17         prohibiting a person from possessing a firearm

18         or electric weapon or device if the person has

19         been involuntarily committed to a mental

20         institution under the Baker Act; prohibiting a

21         person who has been voluntarily committed to a

22         facility, is mentally ill, and presents a

23         substantial likelihood of harming self or

24         others from possessing a firearm or electric

25         weapon or device; amending s. 394.467, F.S.;

26         requiring the court clerk to send a copy of any

27         court order of involuntary placement under the

28         Baker Act to the Agency for Health Care

29         Administration; creating ss. 394.4676,

30         395.3027, F.S.; requiring that the

31         administrator of a facility licensed under ch.

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  1         394 or ch. 395, F.S., notify the Agency for

  2         Health Care Administration of any patient

  3         committed to the facility who is mentally ill

  4         and who presents a substantial likelihood of

  5         harming self or others; requiring that the

  6         agency release such information to the

  7         Department of State or the Department of Law

  8         Enforcement for the purpose of determining

  9         whether a person is qualified to carry a

10         concealed weapon or firearm or to possess a

11         firearm or other weapon or device; providing an

12         effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Subsections (2) and (3) of section 790.06,

17  Florida Statutes, 1998 Supplement, are amended to read:

18         790.06  License to carry concealed weapon or firearm.--

19         (2)  The Department of State shall issue a license if

20  the applicant:

21         (a)  Is a resident of the United States or is a

22  consular security official of a foreign government that

23  maintains diplomatic relations and treaties of commerce,

24  friendship, and navigation with the United States and is

25  certified as such by the foreign government and by the

26  appropriate embassy in this country;

27         (b)  Is 21 years of age or older;

28         (c)  Does not suffer from a physical infirmity which

29  prevents the safe handling of a weapon or firearm;

30         (d)  Is not ineligible to possess a firearm pursuant to

31  s. 790.23 by virtue of having been convicted of a felony;

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    Florida Senate - 1999                                  SB 1986
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  1         (e)  Has not been committed for the abuse of a

  2  controlled substance or been found guilty of a crime under the

  3  provisions of chapter 893 or similar laws of any other state

  4  relating to controlled substances within a 3-year period

  5  immediately preceding the date on which the application is

  6  submitted;

  7         (f)  Does not chronically and habitually use alcoholic

  8  beverages or other substances to the extent that his or her

  9  normal faculties are impaired. It shall be presumed that an

10  applicant chronically and habitually uses alcoholic beverages

11  or other substances to the extent that his or her normal

12  faculties are impaired if the applicant has been committed

13  under chapter 397 or under the provisions of former chapter

14  396 or has been convicted under s. 790.151 or has been deemed

15  a habitual offender under s. 856.011(3), or has had two or

16  more convictions under s. 316.193 or similar laws of any other

17  state, within the 3-year period immediately preceding the date

18  on which the application is submitted;

19         (g)  Desires a legal means to carry a concealed weapon

20  or firearm for lawful self-defense;

21         (h)  Demonstrates competence with a firearm by any one

22  of the following:

23         1.  Completion of any hunter education or hunter safety

24  course approved by the Game and Fresh Water Fish Commission or

25  a similar agency of another state;

26         2.  Completion of any National Rifle Association

27  firearms safety or training course;

28         3.  Completion of any firearms safety or training

29  course or class available to the general public offered by a

30  law enforcement, junior college, college, or private or public

31  institution or organization or firearms training school,

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    Florida Senate - 1999                                  SB 1986
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  1  utilizing instructors certified by the National Rifle

  2  Association, Criminal Justice Standards and Training

  3  Commission, or the Department of State;

  4         4.  Completion of any law enforcement firearms safety

  5  or training course or class offered for security guards,

  6  investigators, special deputies, or any division or

  7  subdivision of law enforcement or security enforcement;

  8         5.  Presents evidence of equivalent experience with a

  9  firearm through participation in organized shooting

10  competition or military service;

11         6.  Is licensed or has been licensed to carry a firearm

12  in this state or a county or municipality of this state,

13  unless such license has been revoked for cause; or

14         7.  Completion of any firearms training or safety

15  course or class conducted by a state-certified or National

16  Rifle Association certified firearms instructor;

17

18  A photocopy of a certificate of completion of any of the

19  courses or classes; or an affidavit from the instructor,

20  school, club, organization, or group that conducted or taught

21  said course or class attesting to the completion of the course

22  or class by the applicant; or a copy of any document which

23  shows completion of the course or class or evidences

24  participation in firearms competition shall constitute

25  evidence of qualification under this paragraph; any person who

26  conducts a course pursuant to subparagraph 2., subparagraph

27  3., or subparagraph 7., or who, as an instructor, attests to

28  the completion of such courses, must maintain records

29  certifying that he or she observed the student safely handle

30  and discharge the firearm;

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  1         (i)  Has not been adjudicated an incapacitated person

  2  under s. 744.331, or similar laws of any other state, unless 5

  3  years have elapsed since the applicant's restoration to

  4  capacity by court order;

  5         (j)  Has not been involuntarily committed to a mental

  6  institution under chapter 394, or similar laws of any other

  7  state, unless the applicant produces a certificate from a

  8  licensed psychiatrist that he or she has not suffered from

  9  disability for at least 5 years prior to the date of

10  submission of the application;

11         (k)  Has not been voluntarily committed to a facility

12  under chapter 394 or chapter 395 and determined by a

13  psychiatrist or psychologist to be mentally ill and to present

14  a substantial likelihood, in the near future, of inflicting

15  serious bodily harm to himself, herself, or another person, as

16  evidenced by recent behavior, including causing, attempting,

17  or threatening such harm;

18         (l)(k)  Has not had adjudication of guilt withheld or

19  imposition of sentence suspended on any felony or misdemeanor

20  crime of domestic violence unless 3 years have elapsed since

21  probation or any other conditions set by the court have been

22  fulfilled, or the record has been sealed or expunged; and

23         (m)(l)  Has not been issued an injunction that is

24  currently in force and effect and that restrains the applicant

25  from committing acts of domestic violence or acts of repeat

26  violence.

27         (3)  The Department of State shall deny a license if

28  the applicant has been found guilty of, had adjudication of

29  guilt withheld for, or had imposition of sentence suspended

30  for one or more crimes of violence constituting a misdemeanor,

31  unless 3 years have elapsed since probation or any other

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    Florida Senate - 1999                                  SB 1986
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  1  conditions set by the court have been fulfilled or the record

  2  has been sealed or expunged. The Department of State shall

  3  revoke a license if the licensee has been found guilty of, had

  4  adjudication of guilt withheld for, or had imposition of

  5  sentence suspended for one or more crimes of violence within

  6  the preceding 3 years.  The department shall, upon

  7  notification by a law enforcement agency, a court, the Agency

  8  for Health Care Administration, or the Florida Department of

  9  Law Enforcement and subsequent written verification, suspend a

10  license or the processing of an application for a license if

11  the licensee or applicant:

12         (a)  Is arrested or formally charged with a crime that

13  would disqualify such person from having a license under this

14  section, until final disposition of the case;

15         (b)  Has been involuntarily committed to a facility

16  under chapter 394, or similar laws of any other state; or

17         (c)  Has been voluntarily committed to a facility under

18  chapter 394 or chapter 395 and determined by a psychiatrist or

19  psychologist to be mentally ill and to present a substantial

20  likelihood, in the near future, of inflicting serious bodily

21  harm to himself, herself, or another person, as evidenced by

22  recent behavior, including causing, attempting, or threatening

23  such harm.

24         (4)  The department shall suspend a license or the

25  processing of an application for a license if the licensee or

26  applicant is issued an injunction that restrains the licensee

27  or applicant from committing acts of domestic violence or acts

28  of repeat violence.

29         Section 2.  Section 790.23, Florida Statutes, 1998

30  Supplement, is amended to read:

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    Florida Senate - 1999                                  SB 1986
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  1         790.23  Felons, and delinquents, and mentally ill

  2  persons; possession of firearms or electric weapons or devices

  3  unlawful.--

  4         (1)  It is unlawful for any person to own or to have in

  5  his or her care, custody, possession, or control any firearm

  6  or electric weapon or device, or to carry a concealed weapon,

  7  including a tear gas gun or chemical weapon or device, if that

  8  person has been:

  9         (a)  Convicted of a felony or found to have committed a

10  delinquent act that would be a felony if committed by an adult

11  in the courts of this state;

12         (b)  Convicted of or found to have committed a crime

13  against the United States which is designated as a felony;

14         (c)  Found to have committed a delinquent act in

15  another state, territory, or country that would be a felony if

16  committed by an adult and which was punishable by imprisonment

17  for a term exceeding 1 year; or

18         (d)  Found guilty of an offense that is a felony in

19  another state, territory, or country and which was punishable

20  by imprisonment for a term exceeding 1 year;.

21         (e)  Committed involuntarily to a mental institution

22  under chapter 394, or similar laws of any other state; or

23         (f)  Voluntarily committed to a facility under chapter

24  394 or chapter 395 and determined by a psychiatrist or

25  psychologist to be mentally ill and to present a substantial

26  likelihood, in the near future, of inflicting serious bodily

27  harm to himself, herself, or another person, as evidenced by

28  recent behavior, including causing, attempting, or threatening

29  such harm.

30         (2)  This section shall not apply to a person convicted

31  of a felony whose civil rights and firearm authority have been

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  1  restored, or to a person found to have committed a delinquent

  2  act that would be a felony if committed by an adult with

  3  respect to which the jurisdiction of the court pursuant to

  4  chapter 985 has expired.

  5         (3)  Any person who violates this section commits a

  6  felony of the second degree, punishable as provided in s.

  7  775.082, s. 775.083, or s. 775.084.

  8         Section 3.  Paragraph (f) is added to subsection (6) of

  9  section 394.467, Florida Statutes, 1998 Supplement, to read:

10         394.467  Involuntary placement.--

11         (6)  HEARING ON INVOLUNTARY PLACEMENT.--

12         (f)  The clerk of the court shall provide a copy of the

13  court order to the Agency for Health Care Administration

14  within 24 hours after the order is signed.

15         Section 4.  Section 394.4676, Florida Statutes, is

16  created to read:

17         394.4676  Notice of patients who are mentally ill and

18  who present a danger to self or others.--

19         (1)  The administrator of a receiving facility or

20  treatment facility shall submit to the Agency for Health Care

21  Administration the name and other identifying information of

22  each patient who is committed to the facility and who is

23  determined by a psychiatrist or psychologist to be mentally

24  ill and to present a substantial likelihood, in the near

25  future, of inflicting serious bodily harm to himself, herself,

26  or another person, as evidenced by recent behavior, including

27  causing, attempting, or threatening such harm.

28         (2)  The Agency for Health Care Administration shall

29  maintain the information provided under subsection (1) and

30  release copies upon the request of:

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  1         (a)  The Department of State for the purpose of

  2  determining whether a person is qualified to carry a concealed

  3  weapon or firearm, as provided in s. 790.06.

  4         (b)  The Department of Law Enforcement for the purpose

  5  of determining whether a person is prohibited from possessing

  6  a firearm or electric weapon or device, as provided in s.

  7  790.23.

  8         Section 5.  Section 395.3027, Florida Statutes, is

  9  created to read:

10         395.3027  Notice of patients who are mentally ill and

11  who present a danger to self or others.--

12         (1)  The administrator of any licensed facility shall

13  submit to the Agency for Health Care Administration the name

14  and other identifying information of each patient who has been

15  determined by a psychiatrist or psychologist to be mentally

16  ill and who presents a substantial likelihood, in the near

17  future, of inflicting serious bodily harm to himself, herself,

18  or another person, as evidenced by recent behavior, including

19  causing, attempting, or threatening such harm.

20         (2)  The Agency for Health Care Administration shall

21  maintain the information provided under subsection (1) and

22  release copies upon the request of:

23         (a)  The Department of State for the purpose of

24  determining whether a person is qualified to carry a concealed

25  weapon or firearm, as provided in s. 790.06.

26         (b)  The Department of Law Enforcement for the purpose

27  of determining whether a person is prohibited from possessing

28  a firearm or electric weapon or device, as provided in s.

29  790.23.

30         Section 6.  This act shall take effect October 1, 1999.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Prohibits a person who has been involuntarily committed
      to a facility under the Baker Act from obtaining a
  4    license to carry a concealed firearm or possessing a
      firearm or other weapon or device. Prohibits a person who
  5    has been voluntarily committed to a facility, who is
      mentally ill, and who presents a substantial likelihood
  6    of harming self or others from obtaining a license to
      carry a concealed firearm or possessing a firearm or
  7    other weapon or device. Requires that the administrator
      of a facility licensed under ch. 394 or ch. 395 F.S.,
  8    notify the Agency for Health Care Administration of any
      patient who is mentally ill and presents a substantial
  9    likelihood of harming self or others. Provides for the
      agency to release such information to the Department of
10    State and the Department of Law Enforcement for the
      purpose of determining whether a person is qualified to
11    carry or possess a concealed weapon or other firearm.

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