Bill Text: FL S1286 | 2024 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Return of Weapons and Arms Following an Arrest
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-08 - Chapter No. 2024-61 [S1286 Detail]
Download: Florida-2024-S1286-Engrossed.html
Bill Title: Return of Weapons and Arms Following an Arrest
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-08 - Chapter No. 2024-61 [S1286 Detail]
Download: Florida-2024-S1286-Engrossed.html
CS for SB 1286 First Engrossed 20241286e1 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 that 6 are not either seized as evidence or seized and 7 subject to forfeiture be returned to the person within 8 a certain timeframe if specified conditions are met; 9 authorizing a sheriff or chief of police to develop 10 procedures to ensure the timely return of such 11 weapons, electric weapons or devices, or arms; 12 prohibiting a sheriff or chief of police from 13 requiring a court order before releasing such weapons, 14 electric weapons or devices, or arms; providing an 15 exception; amending s. 933.14, F.S.; deleting a 16 requirement for an order of a trial court judge to 17 return a pistol or firearm taken by an officer for a 18 breach of the peace; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (1) of section 790.08, Florida 23 Statutes, is amended to read: 24 790.08 Taking possession of weapons and arms; reports; 25 disposition; custody.— 26 (1)(a) Every officer making an arrest under s. 790.07, or 27 under any other law or municipal ordinance within the state, 28 shall take possession of any weapons, electric weapons or 29 devices, or arms mentioned in s. 790.07 found upon the person 30 arrested and deliver them to the sheriff of the county,or the 31 chief of police of the municipality wherein the arrest is made,32who shall retain the same until after the trial of the person33arrested. 34 (b) Any weapons, electric weapons or devices, or arms that 35 are taken from a person under paragraph (a) that are not either 36 seized as evidence or seized and subject to forfeiture under ss. 37 932.701–932.7062 must be returned upon request to the person 38 from whom the weapons, electric weapons or devices, or arms were 39 taken within 30 days after such request is made if he or she 40 meets all of the following criteria: 41 1. The person has been released from detention. 42 2. The person provides a form of government-issued 43 photographic identification. 44 3. If requesting the return of a firearm, a completed 45 criminal history background check confirms that the person is 46 not prohibited from possessing a firearm under state or federal 47 law, including not having any prohibition arising from an 48 injunction, a risk protection order, or any other court order 49 prohibiting the person from possessing a firearm. 50 (c) The sheriff or chief of police may develop reasonable 51 procedures to ensure the timely return of weapons, electric 52 weapons or devices, or arms which are not inconsistent with this 53 subsection. 54 (d) The sheriff or chief of police may not require a court 55 order to release weapons, electric weapons or devices, or arms 56 that are not seized as evidence in a criminal proceeding unless 57 there are competing claims of ownership of such weapons, 58 electric weapons or devices, or arms. 59 Section 2. Subsection (3) of section 933.14, Florida 60 Statutes, is amended to read: 61 933.14 Return of property taken under search warrant.— 62 (3) No pistol or firearm taken by any officer with a search 63 warrantor without a search warrant upon a view by the officer64of a breach of the peaceshall be returned except pursuant to an 65 order of a trial court judge. 66 Section 3. This act shall take effect July 1, 2024.