Florida Senate - 2017                                    SB 1506
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-00537A-17                                           20171506__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence; amending s.
    3         790.233, F.S.; prohibiting persons subject to
    4         temporary or final injunctions against domestic
    5         violence from possessing firearms or ammunition;
    6         prohibiting persons subject to injunctions against
    7         acts of repeat violence, dating violence, or sexual
    8         violence from possessing firearms or ammunition;
    9         deleting a provision relating to legislative intent;
   10         creating s. 790.234, F.S.; requiring a law enforcement
   11         officer to take temporary custody of firearms at the
   12         scene of a domestic violence, stalking or
   13         cyberstalking, or repeat violence, dating violence, or
   14         sexual violence incident under certain circumstances;
   15         specifying required steps a law enforcement officer
   16         must take if a firearm is removed from the scene;
   17         providing for the return of such firearms after a
   18         specified period; amending s. 741.31, F.S.; specifying
   19         that texting is a violation of an injunction for
   20         protection against domestic violence or a foreign
   21         protection order; conforming a provision to changes
   22         made by the act; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 790.233, Florida Statutes, is amended to
   27  read:
   28         790.233 Possession of firearm or ammunition prohibited when
   29  person is subject to certain injunctions an injunction against
   30  committing acts of domestic violence, stalking, or
   31  cyberstalking; penalties.—
   32         (1) A person may not have in his or her care, custody,
   33  possession, or control any firearm or ammunition if the person
   34  has been issued an a final injunction, whether temporary or
   35  final, which that is currently in force and effect, restraining
   36  that person from committing acts of domestic violence, as issued
   37  under s. 741.30; or from committing acts of stalking or
   38  cyberstalking, as issued under s. 784.0485; or from committing
   39  acts of repeat violence, dating violence, or sexual violence, as
   40  issued under s. 784.046.
   41         (2) A person who violates subsection (1) commits a
   42  misdemeanor of the first degree, punishable as provided in s.
   43  775.082 or s. 775.083.
   44         (3) It is the intent of the Legislature that the
   45  disabilities regarding possession of firearms and ammunition are
   46  consistent with federal law. Accordingly, This section does not
   47  apply to a state or local officer as defined in s. 943.10(14),
   48  holding an active certification, who receives or possesses a
   49  firearm or ammunition for use in performing official duties on
   50  behalf of the officer’s employing agency, unless otherwise
   51  prohibited by the employing agency.
   52         Section 2. Section 790.234, Florida Statutes, is created to
   53  read:
   54         790.234 Domestic violence, stalking, etc.; temporary
   55  custody of firearms.—
   56         (1) When at the scene of an alleged act of domestic
   57  violence, as defined in s. 741.28; stalking or cyberstalking, as
   58  defined in s. 784.0485; or repeat violence, dating violence, or
   59  sexual violence, as defined in s. 784.046, a law enforcement
   60  officer shall remove a firearm from the scene if:
   61         (a) The law enforcement officer has probable cause to
   62  believe that an act of domestic violence, stalking or
   63  cyberstalking, or repeat violence, dating violence, or sexual
   64  violence has occurred; and
   65         (b) The firearm is in plain view or is discovered during a
   66  consensual or other lawful search.
   67         (2) If a firearm is removed from the scene under subsection
   68  (1), the law enforcement officer shall:
   69         (a) Provide to the owner of the firearm information on the
   70  process for retaking possession of the firearm.
   71         (b) Provide for the safe storage of the firearm during the
   72  pendency of any proceeding related to the alleged act of
   73  domestic violence, stalking or cyberstalking, or repeat
   74  violence, dating violence, or sexual violence.
   75         (3) Within 14 days after the conclusion of a proceeding on
   76  the alleged act of domestic violence, stalking or cyberstalking,
   77  or repeat violence, dating violence, or sexual violence, the
   78  owner of the firearm may retake possession of the firearm unless
   79  ordered to surrender the firearm pursuant to s. 790.233.
   80         Section 3. Paragraph (a) of subsection (4) of section
   81  741.31, Florida Statutes, is amended to read:
   82         741.31 Violation of an injunction for protection against
   83  domestic violence.—
   84         (4)(a) A person who willfully violates an injunction for
   85  protection against domestic violence issued pursuant to s.
   86  741.30, or a foreign protection order accorded full faith and
   87  credit pursuant to s. 741.315, by:
   88         1. Refusing to vacate the dwelling that the parties share;
   89         2. Going to, or being within 500 feet of, the petitioner’s
   90  residence, school, place of employment, or a specified place
   91  frequented regularly by the petitioner and any named family or
   92  household member;
   93         3. Committing an act of domestic violence against the
   94  petitioner;
   95         4. Committing any other violation of the injunction through
   96  an intentional unlawful threat, word, or act to do violence to
   97  the petitioner;
   98         5. Telephoning, contacting, texting, or otherwise
   99  communicating with the petitioner directly or indirectly, unless
  100  the injunction specifically allows indirect contact through a
  101  third party;
  102         6. Knowingly and intentionally coming within 100 feet of
  103  the petitioner’s motor vehicle, whether or not that vehicle is
  104  occupied;
  105         7. Defacing or destroying the petitioner’s personal
  106  property, including the petitioner’s motor vehicle; or
  107         8. Refusing to surrender firearms or ammunition if ordered
  108  to do so by the court
  109  
  110  commits a misdemeanor of the first degree, punishable as
  111  provided in s. 775.082 or s. 775.083, except as provided in
  112  paragraph (c).
  113         Section 4. This act shall take effect July 1, 2017.