Florida Senate - 2024                             CS for SB 1286
       
       
        
       By the Committee on Criminal Justice; and Senator Collins
       
       
       
       
       
       591-02973-24                                          20241286c1
    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 to the
    7         person within a certain timeframe if specified
    8         conditions are met; authorizing a sheriff or chief of
    9         police to develop reasonable procedures to ensure the
   10         timely return of certain weapons, electric weapons or
   11         devices, or arms; prohibiting a sheriff or chief of
   12         police from requiring a court order before releasing
   13         certain weapons, electric weapons or devices, or arms;
   14         providing an exception; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (1) of section 790.08, Florida
   19  Statutes, is amended to read:
   20         790.08 Taking possession of weapons and arms; reports;
   21  disposition; custody.—
   22         (1)(a) Every officer making an arrest under s. 790.07, or
   23  under any other law or municipal ordinance within the state,
   24  shall take possession of any weapons, electric weapons or
   25  devices, or arms mentioned in s. 790.07 found upon the person
   26  arrested and deliver them to the sheriff of the county, or the
   27  chief of police of the municipality wherein the arrest is made,
   28  who shall retain the same until after the trial of the person
   29  arrested.
   30         (b) Any weapons, electric weapons or devices, or arms that
   31  are taken from a person under paragraph (a) which are not seized
   32  as evidence must be returned to the person within 45 days after
   33  he or she is released from detention and if he or she meets all
   34  of the following criteria:
   35         1. The person provides a form of government-issued
   36  photographic identification.
   37         2. If requesting the return of a firearm, a completed
   38  criminal history background check confirms the person is not
   39  prohibited from possessing a firearm under state or federal law,
   40  including not having any prohibition arising from an injunction,
   41  a risk protection order, or any other court order prohibiting
   42  the person from possessing a firearm.
   43         (c) The sheriff or chief of police may develop reasonable
   44  procedures to ensure the timely return of weapons, electric
   45  weapons or devices, or arms which are not inconsistent with this
   46  subsection.
   47         (d) The sheriff or chief of police may not require a court
   48  order to release weapons, electric weapons or devices, or arms
   49  that are not seized as evidence in a criminal proceeding unless
   50  there are competing claims of ownership of such weapons,
   51  electric weapons or devices, or arms.
   52         Section 2. This act shall take effect July 1, 2024.