Bill Text: FL S1286 | 2024 | Regular Session | Enrolled

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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-Enrolled.html

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       ENROLLED
       2024 Legislature                   CS for SB 1286, 1st Engrossed
       
       
       
       
       
       
                                                             20241286er
    1  
    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,
   32  who shall retain the same until after the trial of the person
   33  arrested.
   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  warrant or without a search warrant upon a view by the officer
   64  of a breach of the peace shall be returned except pursuant to an
   65  order of a trial court judge.
   66         Section 3. This act shall take effect July 1, 2024.