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FL H1355
Bill
Status
7/1/2013
Primary Sponsor
Lori Berman
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AI Summary
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Amends Florida Statutes section 790.065 to prohibit firearm purchases by persons who voluntarily admit to mental institutions following involuntary Baker Act examinations if they are found to be an imminent danger to themselves or others.
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Requires examining physicians to certify findings of imminent danger and provide written notice to the person, including a specific form acknowledging they may be prohibited from purchasing firearms and concealed weapons licenses.
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Mandates that treatment facilities file records within 24 hours of voluntary admission with the clerk of court, who must present them to a judge or magistrate within 24 hours for ex parte review and potential submission to the Department of Law Enforcement within 24 hours.
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Establishes a petition process allowing persons prohibited under this provision to seek relief from firearm disabilities in circuit court after demonstrating they are not likely to act dangerously and that granting relief would not be contrary to public interest; petitioners denied relief cannot petition again for 1 year.
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Creates a Department of Law Enforcement database of mentally defective adjudications and mental institution commitments for firearm background checks, with information available to federal agencies and states for firearm lawfulness determinations and to the Department of Agriculture and Consumer Services for concealed weapons license eligibility determinations.
Legislative Description
Purchase of Firearms by Mentally Ill Persons
Last Action
Chapter No. 2013-249
7/1/2013