Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 7026
       
       
       
       
       
       
                                Ì114252xÎ114252                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2018           .                                
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       The Committee on Appropriations (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 281 - 297
    4  and insert:
    5         (d)1. A law enforcement officer taking custody of a person
    6  under this subsection may seize and hold a firearm or any
    7  ammunition the person possesses at the time of taking him or her
    8  into custody if the person poses a potential danger to himself
    9  or herself or others and has made a credible threat of violence
   10  against another person.
   11         2. If the law enforcement officer takes custody of the
   12  person at the person’s residence and the criteria in
   13  subparagraph 1. have been met, the law enforcement officer may
   14  seek the voluntary surrender of firearms or ammunition kept in
   15  the residence which have not already been seized under
   16  subparagraph 1. If such firearms or ammunition are not
   17  voluntarily surrendered, or if the person has other firearms or
   18  ammunition that were not seized or voluntarily surrendered when
   19  he or she was taken into custody, a law enforcement officer may
   20  petition the appropriate court under s. 790.401 for a risk
   21  protection order against the person.
   22         3. Firearms or ammunition seized or voluntarily surrendered
   23  under this paragraph must be made available for return no later
   24  than 24 hours after the person taken into custody can document
   25  that he or she is no longer subject to involuntary examination
   26  and has been released or discharged from any inpatient treatment
   27  provided or ordered under paragraph (g), unless a risk
   28  protection order entered under s. 790.401 directs the law
   29  enforcement agency to hold the firearms or ammunition for a
   30  longer period.
   31         4. Law enforcement agencies must develop policies and
   32  procedures relating to the seizure, storage, and return of
   33  firearms or ammunition held under this paragraph.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete lines 10 - 15
   38  and insert:
   39         authorizing a law enforcement officer to seek the
   40         voluntary surrender of firearms and ammunition kept in
   41         the residence if the law enforcement officer takes
   42         custody of the person at the person’s residence and
   43         certain criteria are met; authorizing the law
   44         enforcement officer to petition an appropriate court
   45         for a risk protection order under certain
   46         circumstances; requiring that firearms and ammunition
   47         seized or voluntarily surrendered be returned within a
   48         certain timeframe under specified circumstances;
   49         requiring law enforcement agencies to develop policies
   50         and procedures relating to the seizure, storage, and
   51         return of firearms and ammunition; creating