Bill Amendment: FL S7026 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Safety

Status: 2018-03-09 - Chapter No. 2018-3 [S7026 Detail]

Download: Florida-2018-S7026-Senate_Floor_Amendment_185854_to_Amendment_318628_.html

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       Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì185854FÎ185854                         
       
                              LEGISLATIVE ACTION                        
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       Senator Gibson moved the following:
       
    1         Senate Amendment to Amendment (318628) (with title
    2  amendment)
    3  
    4         Between lines 436 and 437
    5  insert:
    6         Section 13. Section 790.233, Florida Statutes, is amended
    7  to read:
    8         790.233 Possession of firearm or ammunition prohibited when
    9  person is subject to certain injunctions an injunction against
   10  committing acts of domestic violence, stalking, or
   11  cyberstalking; penalties.—
   12         (1) A person may not have in his or her care, custody,
   13  possession, or control any firearm or ammunition if the person
   14  has been issued an a final injunction, whether temporary or
   15  final, which that is currently in force and effect, restraining
   16  that person from committing acts of domestic violence, as issued
   17  under s. 741.30; or from committing acts of stalking or
   18  cyberstalking, as issued under s. 784.0485; or from committing
   19  acts of repeat violence, dating violence, or sexual violence, as
   20  issued under s. 784.046.
   21         (2) A person who violates subsection (1) commits a
   22  misdemeanor of the first degree, punishable as provided in s.
   23  775.082 or s. 775.083.
   24         (3) It is the intent of the Legislature that the
   25  disabilities regarding possession of firearms and ammunition are
   26  consistent with federal law. Accordingly, This section does not
   27  apply to a state or local officer as defined in s. 943.10(14),
   28  holding an active certification, who receives or possesses a
   29  firearm or ammunition for use in performing official duties on
   30  behalf of the officer’s employing agency, unless otherwise
   31  prohibited by the employing agency.
   32         Section 13. Section 790.234, Florida Statutes, is created
   33  to read:
   34         790.234 Domestic violence, stalking, etc.; temporary
   35  custody of firearms.—
   36         (1) When at the scene of an alleged act of domestic
   37  violence, as defined in s. 741.28; stalking or cyberstalking, as
   38  defined in s. 784.0485; or repeat violence, dating violence, or
   39  sexual violence, as defined in s. 784.046, a law enforcement
   40  officer shall remove a firearm from the scene if:
   41         (a) The law enforcement officer has probable cause to
   42  believe that an act of domestic violence, stalking or
   43  cyberstalking, or repeat violence, dating violence, or sexual
   44  violence has occurred; and
   45         (b) The firearm is in plain view or is discovered during a
   46  consensual or other lawful search.
   47         (2) If a firearm is removed from the scene under subsection
   48  (1), the law enforcement officer shall:
   49         (a) Provide to the owner of the firearm information on the
   50  process for retaking possession of the firearm.
   51         (b) Provide for the safe storage of the firearm during the
   52  pendency of any proceeding related to the alleged act of
   53  domestic violence, stalking or cyberstalking, or repeat
   54  violence, dating violence, or sexual violence.
   55         (3) Within 14 days after the conclusion of a proceeding on
   56  the alleged act of domestic violence, stalking or cyberstalking,
   57  or repeat violence, dating violence, or sexual violence, the
   58  owner of the firearm may retake possession of the firearm unless
   59  ordered to surrender the firearm pursuant to s. 790.233.
   60         Section 14. Paragraph (a) of subsection (4) of section
   61  741.31, Florida Statutes, is amended to read:
   62         741.31 Violation of an injunction for protection against
   63  domestic violence.—
   64         (4)(a) A person who willfully violates an injunction for
   65  protection against domestic violence issued pursuant to s.
   66  741.30, or a foreign protection order accorded full faith and
   67  credit pursuant to s. 741.315, by:
   68         1. Refusing to vacate the dwelling that the parties share;
   69         2. Going to, or being within 500 feet of, the petitioner’s
   70  residence, school, place of employment, or a specified place
   71  frequented regularly by the petitioner and any named family or
   72  household member;
   73         3. Committing an act of domestic violence against the
   74  petitioner;
   75         4. Committing any other violation of the injunction through
   76  an intentional unlawful threat, word, or act to do violence to
   77  the petitioner;
   78         5. Telephoning, contacting, texting, or otherwise
   79  communicating with the petitioner directly or indirectly, unless
   80  the injunction specifically allows indirect contact through a
   81  third party;
   82         6. Knowingly and intentionally coming within 100 feet of
   83  the petitioner’s motor vehicle, whether or not that vehicle is
   84  occupied;
   85         7. Defacing or destroying the petitioner’s personal
   86  property, including the petitioner’s motor vehicle; or
   87         8. Refusing to surrender firearms or ammunition if ordered
   88  to do so by the court
   89  
   90  commits a misdemeanor of the first degree, punishable as
   91  provided in s. 775.082 or s. 775.083, except as provided in
   92  paragraph (c).
   93  
   94  ================= T I T L E  A M E N D M E N T ================
   95  And the title is amended as follows:
   96         Delete line 2515
   97  and insert:
   98         criminal penalties; amending s. 790.233, F.S.;
   99         prohibiting persons subject to temporary or final
  100         injunctions against domestic violence repeat violence,
  101         dating violence, or sexual violence, or from
  102         possessing firearms or ammunition; deleting a
  103         provision relating to legislative intent; creating s.
  104         790.234, F.S.; requiring a law enforcement officer to
  105         take temporary custody of firearms at the scene of a
  106         domestic violence, stalking or cyberstalking, or
  107         repeat violence, dating violence, or sexual violence
  108         incident under certain circumstances; specifying
  109         required steps a law enforcement officer must take if
  110         a firearm is removed from the scene; providing for the
  111         return of such firearms after a specified period;
  112         amending s. 741.31, F.S.; specifying that texting is a
  113         violation of an injunction for protection against
  114         domestic violence and certain foreign protection
  115         orders; conforming a provision to changes made by the
  116         act; providing legislative intent;