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FL H0485

Bill

Status

Introduced

11/15/2023

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Weapons, electric weapons or devices, or arms taken from a person during an arrest that are not seized as evidence or subject to forfeiture must be returned within 30 days of the person's request, provided the person has been released from detention, presents government-issued photo ID, and (for firearms) passes a criminal history background check confirming no state or federal prohibitions on possession.
  • Sheriffs and chiefs of police are authorized to develop reasonable procedures to ensure the timely return of such weapons, as long as those procedures are consistent with the new requirements.
  • Sheriffs and chiefs of police are prohibited from requiring a court order to release weapons not seized as evidence, unless there are competing claims of ownership.
  • Eliminates the existing requirement under s. 933.14, F.S., that a trial court judge order the return of a pistol or firearm taken by an officer for a breach of the peace without a search warrant.
  • Effective date is July 1, 2024.

Legislative Description

Return of Weapons and Arms Following an Arrest

Last Action

Laid on Table

3/4/2024

Committee Referrals

Judiciary12/6/2023
Criminal Justice Subcommittee11/22/2023

Full Bill Text

No bill text available