Ch. 790 WEAPONS AND FIREARMS F.S. 2017
the department, the record must be submitted to the
department within 24 hours.
d. A person who has been adjudicated mentally
defective or committed to a mental institution, as those
terms are defined in this paragraph, may petition the
court that made the adjudication or commitment, or the
court that ordered that the record be submitted to the
department pursuant to sub-sub-subparagraph c.(II), for
relief from the firearm disabilities imposed by such
adjudication or commitment. A copy of the petition shall
be served on the state attorney for the county in which
the person was adjudicated or committed. The state
attorney may object to and present evidence relevant to
the relief sought by the petition. The hearing on the
petition may be open or closed as the petitioner may
choose. The petitioner may present evidence and
subpoena witnesses to appear at the hearing on the
petition. The petitioner may confront and cross-examine
witnesses called by the state attorney. A record of the
hearing shall be made by a certified court reporter or by
court-approved electronic means. The court shall make
written findings of fact and conclusions of law on the
issues before it and issue a final order. The court shall
grant the relief requested in the petition if the court finds,
based on the evidence presented with respect to the
petitioner’s reputation, the petitioner’s mental health
record and, if applicable, criminal history record, the
circumstances surrounding the firearm disability, and
any other evidence in the record, that the petitioner will
not be likely to act in a manner that is dangerous to
public safety and that granting the relief would not be
contrary to the public interest. If the final order denies
relief, the petitioner may not petition again for relief from
firearm disabilities until 1 year after the date of the final
order. The petitioner may seek judicial review of a final
order denying relief in the district court of appeal having
jurisdiction over the court that issued the order. The
review shall be conducted de novo. Relief from a firearm
disability granted under this sub-subparagraph has no
effect on the loss of civil rights, including firearm rights,
for any reason other than the particular adjudication of
mental defectiveness or commitment to a mental
institution from which relief is granted.
e. Upon receipt of proper notice of relief from
firearm disabilities granted under sub-subparagraph
d., the department shall delete any mental health record
of the person granted relief from the automated
database of persons who are prohibited from purchasing
a firearm based on court records of adjudications of
mental defectiveness or commitments to mental institutions.
f. The department is authorized to disclose data
collected pursuant to this subparagraph to agencies of
the Federal Government and other states for use
exclusively in determining the lawfulness of a firearm
sale or transfer. The department is also authorized to
disclose this data to the Department of Agriculture and
Consumer Services for purposes of determining eligibility
for issuance of a concealed weapons or concealed
firearms license and for determining whether a basis
exists for revoking or suspending a previously issued
license pursuant to s. 790.06(10). When a potential
buyer or transferee appeals a nonapproval based on
these records, the clerks of court and mental institutions
shall, upon request by the department, provide information
to help determine whether the potential buyer or
transferee is the same person as the subject of the
record. Photographs and any other data that could
confirm or negate identity must be made available to the
department for such purposes, notwithstanding any
other provision of state law to the contrary. Any such
information that is made confidential or exempt from
disclosure by law shall retain such confidential or
exempt status when transferred to the department.
(b) Inform the licensee making the inquiry either that
records demonstrate that the buyer or transferee is so
prohibited and provide the licensee a nonapproval
number, or provide the licensee with a unique approval
number.
(c)1. Review any records available to it to determine
whether the potential buyer or transferee has been
indicted or has had an information filed against her or
him for an offense that is a felony under either state or
federal law, or, as mandated by federal law, has had an
injunction for protection against domestic violence
entered against the potential buyer or transferee
under s. 741.30, has had an injunction for protection
against repeat violence entered against the potential
buyer or transferee under s. 784.046, or has been
arrested for a dangerous crime as specified in s.
907.041(4)(a) or for any of the following enumerated
offenses:
a. Criminal anarchy under ss. 876.01 and 876.02.
b. Extortion under s. 836.05.
c. Explosives violations under s. 552.22(1) and (2).
d. Controlled substances violations under chapter
893.
e. Resisting an officer with violence under s.
843.01.
f. Weapons and firearms violations under this
chapter.
g. Treason under s. 876.32.
h. Assisting self-murder under s. 782.08.
i. Sabotage under s. 876.38.
j. Stalking or aggravated stalking under s.
784.048.
If the review indicates any such indictment, information,
or arrest, the department shall provide to the licensee a
conditional nonapproval number.
2. Within 24 working hours, the department shall
determine the disposition of the indictment, information,
or arrest and inform the licensee as to whether the
potential buyer is prohibited from receiving or possessing
a firearm. For purposes of this paragraph, “working
hours” means the hours from 8 a.m. to 5 p.m. Monday
through Friday, excluding legal holidays.
3. The office of the clerk of court, at no charge to
the department, shall respond to any department
request for data on the disposition of the indictment,
information, or arrest as soon as possible, but in no
event later than 8 working hours.
4. The department shall determine as quickly as
possible within the allotted time period whether the
potential buyer is prohibited from receiving or possessing
a firearm.
12