Bill Text: FL S1484 | 2013 | Regular Session | Introduced
Bill Title: Mental Health
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-05-03 - Died in Health Policy [S1484 Detail]
Download: Florida-2013-S1484-Introduced.html
Florida Senate - 2013 SB 1484 By Senator Smith 31-01234-13 20131484__ 1 A bill to be entitled 2 An act relating to mental health; amending s. 3 491.0147, F.S.; providing that the confidentiality of 4 communications between certain health care providers 5 and patients is waived under certain circumstances; 6 requiring certain health care providers to report 7 certain information to the Department of Law 8 Enforcement; amending s. 790.06, F.S.; prohibiting the 9 Department of Agriculture and Consumer Services from 10 issuing a concealed weapons license to a person 11 incapable of exercising proper judgment with respect 12 to a firearm; establishing criteria to determine 13 whether a person is incapable of exercising proper 14 judgment with respect to a firearm; providing a method 15 of appeal for a person found incapable of proper 16 judgment with respect to firearms; requiring the 17 department to forward certain appeal documentation to 18 the Department of Law Enforcement; requiring the 19 Department of Law Enforcement to remove certain mental 20 health records from the firearm-prohibited persons 21 database under certain circumstances; providing that 22 the Department of Agriculture and Consumer Services 23 must suspend or revoke the license of a person 24 incapable of exercising proper judgment with respect 25 to a firearm; amending s. 790.065, F.S.; requiring the 26 Department of Law Enforcement to determine if a person 27 is incapable of exercising proper judgment with 28 respect to a firearm during a firearm sale background 29 check and, if so, prohibit the sale of a firearm to 30 such person; providing a definition for the term 31 “incapable of exercising sound judgment with respect 32 to the proper use and storage of a firearm”; requiring 33 the department to compile and maintain a database of 34 persons who enter a plea of not guilty by reason of 35 insanity in a criminal proceeding or who have been 36 reported as suffering certain mental disorders and 37 posing a risk to themselves or others by a health care 38 provider; requiring clerks of court to submit the 39 record of a criminal plea of not guilty by reason of 40 insanity or mental defect to the department; requiring 41 certain health care providers to submit certain 42 information for inclusion in the database; providing 43 that a person denied during a firearm sale due to 44 being incapable of exercising proper judgment with 45 respect to a firearm may file an appeal; describing 46 the appeal procedure; requiring the department to 47 remove certain records from the database upon a 48 successful appeal by a denied firearm purchaser; 49 requiring health care providers who provide 50 information for inclusion in the database to assist 51 the department in verifying the identity of denied 52 firearm purchasers; creating s. 790.0651, F.S.; 53 providing legislative intent; providing definitions; 54 requiring certain health care providers to report 55 identifying information of patients who suffer certain 56 mental illnesses and pose a risk to themselves or 57 others to the Department of Law Enforcement; providing 58 a method by which such reports must be made; requiring 59 the department to provide a reporting health care 60 provider with a unique report number; requiring the 61 department to create or update a record in the 62 firearm-prohibited persons database based on the 63 report; requiring the department to provide notice to 64 the person who is the subject of a report if a record 65 is created based upon the report; limiting the use of 66 information in reports provided by health care 67 providers; requiring certain identifying information 68 of a reporting health care provider to be included in 69 a record and held confidential and exempt; providing 70 that a reporting health care provider is presumed to 71 act in good faith, unless otherwise shown by clear and 72 convincing evidence, and is immune from civil and 73 criminal liability; providing that a health care 74 provider may be disciplined for failure to comply with 75 this act; describing effect of the act; requiring the 76 Department of Law Enforcement and the Department of 77 Health to adopt rules; creating s. 790.234, F.S.; 78 prohibiting the possession of firearms and ammunition 79 by persons with certain mental health records in the 80 firearm-prohibited persons database; providing 81 penalties; providing an effective date. 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85 Section 1. Section 491.0147, Florida Statutes, is amended 86 to read: 87 491.0147 Confidentiality and privileged communications.—Any 88 communication between any person licensed or certified under 89 this chapter and her or his patient or client shall be 90 confidential. 91 (1) This confidentialitysecrecymay be waived under the 92 following conditions: 93 (a)(1)When the person licensed or certified under this 94 chapter is a party defendant to a civil, criminal, or 95 disciplinary action arising from a complaint filed by the 96 patient or client, in which case the waiver shall be limited to 97 that action; or.98 (b)(2)When the patient or client agrees to the waiver, in 99 writing, or, when more than one person in a family is receiving 100 therapy, when each family member agrees to the waiver, in 101 writing. 102 (2)(3)This confidentiality shall be waived ifwhen, in the 103 clinical judgment of the person licensed or certified under this 104 chapter, there is a clear and immediate probability of physical 105 harm to the patient or client, to other individuals, or to 106 society.andThe person licensed or certified under this chapter 107 may communicatecommunicatesthe informationonlyto the 108 potential victim, appropriate family member,orlaw enforcement, 109 or other appropriate authorities, but shall make a report to the 110 Department of Law Enforcement pursuant to s. 790.0651. There 111 shall be no liability on the part of, and no cause of action of 112 any nature shall arise against, a person licensed or certified 113 under this chapter for the disclosure of otherwise confidential 114 communications under this subsection. 115 Section 2. Subsections (2) and (10) of section 790.06, 116 Florida Statutes, are amended to read: 117 790.06 License to carry concealed weapon or firearm.— 118 (2) The Department of Agriculture and Consumer Services 119 shall issue a license if the applicant: 120 (a) Is a resident of the United States and a citizen of the 121 United States or a permanent resident alien of the United 122 States, as determined by the United States Bureau of Citizenship 123 and Immigration Services, or is a consular security official of 124 a foreign government that maintains diplomatic relations and 125 treaties of commerce, friendship, and navigation with the United 126 States and is certified as such by the foreign government and by 127 the appropriate embassy in this country; 128 (b) Is 21 years of age or older; 129 (c) Does not suffer from a physical infirmity which 130 prevents the safe handling of a weapon or firearm; 131 (d) Is not ineligible to possess a firearm pursuant to s. 132 790.23 by virtue of having been convicted of a felony; 133 (e) Has not been committed for the abuse of a controlled 134 substance or been found guilty of a crime under the provisions 135 of chapter 893 or similar laws of any other state relating to 136 controlled substances within a 3-year period immediately 137 preceding the date on which the application is submitted; 138 (f) Does not chronically and habitually use alcoholic 139 beverages or other substances to the extent that his or her 140 normal faculties are impaired. It shall be presumed that an 141 applicant chronically and habitually uses alcoholic beverages or 142 other substances to the extent that his or her normal faculties 143 are impaired if the applicant has been committed under chapter 144 397 or under the provisions of former chapter 396 or has been 145 convicted under s. 790.151 or has been deemed a habitual 146 offender under s. 856.011(3), or has had two or more convictions 147 under s. 316.193 or similar laws of any other state, within the 148 3-year period immediately preceding the date on which the 149 application is submitted; 150 (g) Desires a legal means to carry a concealed weapon or 151 firearm for lawful self-defense; 152 (h) Demonstrates competence with a firearm by any one of 153 the following: 154 1. Completion of any hunter education or hunter safety 155 course approved by the Fish and Wildlife Conservation Commission 156 or a similar agency of another state; 157 2. Completion of any National Rifle Association firearms 158 safety or training course; 159 3. Completion of any firearms safety or training course or 160 class available to the general public offered by a law 161 enforcement, junior college, college, or private or public 162 institution or organization or firearms training school, 163 utilizing instructors certified by the National Rifle 164 Association, Criminal Justice Standards and Training Commission, 165 or the Department of Agriculture and Consumer Services; 166 4. Completion of any law enforcement firearms safety or 167 training course or class offered for security guards, 168 investigators, special deputies, or any division or subdivision 169 of law enforcement or security enforcement; 170 5. Presents evidence of equivalent experience with a 171 firearm through participation in organized shooting competition 172 or military service; 173 6. Is licensed or has been licensed to carry a firearm in 174 this state or a county or municipality of this state, unless 175 such license has been revoked for cause; or 176 7. Completion of any firearms training or safety course or 177 class conducted by a state-certified or National Rifle 178 Association certified firearms instructor; 179 180 A photocopy of a certificate of completion of any of the courses 181 or classes; or an affidavit from the instructor, school, club, 182 organization, or group that conducted or taught said course or 183 class attesting to the completion of the course or class by the 184 applicant; or a copy of any document which shows completion of 185 the course or class or evidences participation in firearms 186 competition shall constitute evidence of qualification under 187 this paragraph; any person who conducts a course pursuant to 188 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 189 an instructor, attests to the completion of such courses, must 190 maintain records certifying that he or she observed the student 191 safely handle and discharge the firearm; 192 (i) Has not been adjudicated an incapacitated person under 193 s. 744.331, or similar laws of any other state, unless 5 years 194 have elapsed since the applicant’s restoration to capacity by 195 court order; 196 (j) Has not been committed to a mental institution under 197 chapter 394, or similar laws of any other state, unless the 198 applicant produces a certificate from a licensed psychiatrist 199 that he or she has not suffered from disability for at least 5 200 years beforeprior tothe date of submission of the application; 201 (k) Is capable of exercising sound judgment with respect to 202 the proper use and storage of a firearm; 203 1. A person is deemed incapable of exercising sound 204 judgment with respect to the proper use and storage of a firearm 205 if the person: 206 a. Has entered in a criminal proceeding a plea of not 207 guilty by reason of insanity or mental defect; or 208 b. Has been diagnosed or treated by a licensed physician or 209 psychologist as suffering from an active psychiatric or 210 psychological disorder or condition that causes or is likely to 211 cause substantial impairment in judgment, mood, perception, 212 impulse control, or intellectual ability, and the person poses a 213 risk of serious harm to himself, herself, or others. If the 214 condition or disorder is in remission but is reasonably likely 215 to redevelop at a future time or requires continuous medical 216 treatment to avoid, such condition or disorder shall be 217 considered an active condition or disorder. Such conditions or 218 disorders may include, but are not limited to: 219 (I) Schizophrenia or delusional disorder; 220 (II) Bipolar disorder; 221 (III) Chronic dementia, whether caused by illness, brain 222 defect, or brain injury; 223 (IV) Dissociative identity disorder; 224 (V) Intermittent explosive disorder; and 225 (VI) Antisocial personality disorder. 226 2. A person who has been found incapable of exercising 227 sound judgment with respect to the proper use and storage of a 228 firearm may appeal such finding by providing the department with 229 a certificate, dated no more than 30 days before receipt by the 230 department, from a licensed physician whose primary practice is 231 in the field of psychiatry or psychology, stating that the 232 psychiatric or psychological disorder or condition is in 233 remission and is not reasonably likely to develop at a future 234 time and that the person does not pose a threat of harm to 235 himself, herself, or others. However, if the basis of a finding 236 of incapability to exercise sound judgment with respect to the 237 proper use and storage of a firearm is a plea of not guilty by 238 reason of insanity or mental defect in a criminal proceeding, 239 the prohibited person must submit the certificate described 240 above, but only after the criminal action in which the plea was 241 entered has been disposed. The department shall forward a valid 242 certificate to the Department of Law Enforcement. The Department 243 of Law Enforcement shall delete any mental health record of the 244 person who is the subject of the certificate from the automated 245 database of persons who are prohibited from purchasing a firearm 246 if the record was based solely upon a report pursuant to s. 247 790.0651 or a plea of not guilty by reason of insanity or mental 248 defect; 249 (l)(k)Has not had adjudication of guilt withheld or 250 imposition of sentence suspended on any felony or misdemeanor 251 crime of domestic violence unless 3 years have elapsed since 252 probation or any other conditions set by the court have been 253 fulfilled, or the record has been sealed or expunged; 254 (m)(l)Has not been issued an injunction that is currently 255 in force and effect and that restrains the applicant from 256 committing acts of domestic violence or acts of repeat violence; 257 and 258 (n)(m)Is not prohibited from purchasing or possessing a 259 firearm by any other provision of Florida or federal law. 260 (10) A license issued under this section shall be suspended 261 or revoked pursuant to chapter 120 if the licensee: 262 (a) Is found to be ineligible under the criteria set forth 263 in subsection (2); 264 (b) Develops or sustains a physical infirmity which 265 prevents the safe handling of a weapon or firearm; 266 (c) Is convicted of a felony which would make the licensee 267 ineligible to possess a firearm pursuant to s. 790.23; 268 (d) Is found guilty of a crime under the provisions of 269 chapter 893, or similar laws of any other state, relating to 270 controlled substances; 271 (e) Is committed as a substance abuser under chapter 397, 272 or is deemed a habitual offender under s. 856.011(3), or similar 273 laws of any other state; 274 (f) Is convicted of a second violation of s. 316.193, or a 275 similar law of another state, within 3 years of a previous 276 conviction of such section, or similar law of another state, 277 even though the first violation may have occurred prior to the 278 date on which the application was submitted; 279 (g) Is adjudicated an incapacitated person under s. 280 744.331, or similar laws of any other state;or281 (h) Is committed to a mental institution under chapter 394, 282 or similar laws of any other state; or 283 (i) Is incapable of exercising sound judgment with respect 284 to the proper use and storage of a firearm. 285 Section 3. Paragraph (a) of subsection (2) of section 286 790.065, Florida Statutes, is amended to read: 287 790.065 Sale and delivery of firearms.— 288 (2) Upon receipt of a request for a criminal history record 289 check, the Department of Law Enforcement shall, during the 290 licensee’s call or by return call, forthwith: 291 (a) Review any records available to determine if the 292 potential buyer or transferee: 293 1. Has been convicted of a felony and is prohibited from 294 receipt or possession of a firearm pursuant to s. 790.23; 295 2. Has been convicted of a misdemeanor crime of domestic 296 violence, and therefore is prohibited from purchasing a firearm; 297 3. Has had adjudication of guilt withheld or imposition of 298 sentence suspended on any felony or misdemeanor crime of 299 domestic violence unless 3 years have elapsed since probation or 300 any other conditions set by the court have been fulfilled or 301 expunction has occurred; or 302 4. Has been adjudicated mentally defective or has been 303 committed to a mental institution by a court and as a result is 304 prohibited by federal law from purchasing a firearm, or is 305 incapable of exercising sound judgment with respect to the 306 proper use and storage of a firearm and prohibited from 307 possessing a firearm under s. 790.234. 308 a. As used in this subparagraph, “adjudicated mentally 309 defective” means a determination by a court that a person, as a 310 result of marked subnormal intelligence, or mental illness, 311 incompetency, condition, or disease, is a danger to himself or 312 herself or to others or lacks the mental capacity to contract or 313 manage his or her own affairs. The phrase includes a judicial 314 finding of incapacity under s. 744.331(6)(a), an acquittal by 315 reason of insanity of a person charged with a criminal offense, 316 and a judicial finding that a criminal defendant is not 317 competent to stand trial. 318 b. As used in this subparagraph, “committed to a mental 319 institution” means involuntary commitment, commitment for mental 320 defectiveness or mental illness, and commitment for substance 321 abuse. The phrase includes involuntary inpatient placement as 322 defined in s. 394.467, involuntary outpatient placement as 323 defined in s. 394.4655, involuntary assessment and stabilization 324 under s. 397.6818, and involuntary substance abuse treatment 325 under s. 397.6957, but does not include a person in a mental 326 institution for observation or discharged from a mental 327 institution based upon the initial review by the physician or a 328 voluntary admission to a mental institution. 329 c. As used in this subparagraph, “incapable of exercising 330 sound judgment with respect to the proper use and storage of a 331 firearm” means the diagnosis by a licensed physician that the 332 person suffers from an active psychiatric or psychological 333 disorder or condition that causes or is likely to cause 334 substantial impairment in judgment, mood, perception, impulse 335 control, or intellectual ability, and the person poses a risk of 336 serious harm to himself, herself, or others. If the condition or 337 disorder is in remission but is reasonably likely to redevelop 338 at a future time or requires continuous medical treatment to 339 avoid, such condition or disorder shall be considered an active 340 condition or disorder. Such conditions or disorders may include, 341 but are not limited to, schizophrenia or delusional disorder; 342 bipolar disorder; chronic dementia, whether caused by illness, 343 brain defect, or brain injury; dissociative identity disorder; 344 intermittent explosive disorder; or antisocial personality 345 disorder. The term also includes a person who has entered in a 346 criminal proceeding a plea of not guilty by reason of insanity 347 or mental defect. 348 d.c.In order to check for these conditions, the department 349 shall compile and maintain an automated database of persons who 350 are prohibited from purchasing a firearm based on court records 351 of adjudications of mental defectiveness,orcommitments to 352 mental institutions, criminal pleas of not guilty by reason of 353 insanity or mental defect, and reports of mental health status 354 pursuant to s. 790.0651. Clerks of court shall submit these 355 records to the department within 1 month after the rendition of 356 the adjudication,orcommitment, or plea. Reports shall be 357 submitted in an automated format. The reports must, at a 358 minimum, include the name, along with any known alias or former 359 name, the sex, and the date of birth of the subject. Health care 360 providers shall submit reports of mental health status for 361 inclusion in the database pursuant to s. 790.0651. 362 e.d.A person who has been adjudicated mentally defective 363 or committed to a mental institution, as those terms are defined 364 in this paragraph, may petition the circuit court that made the 365 adjudication or commitment for relief from the firearm 366 disabilities imposed by such adjudication or commitment. A copy 367 of the petition shall be served on the state attorney for the 368 county in which the person was adjudicated or committed. The 369 state attorney may object to and present evidence relevant to 370 the relief sought by the petition. The hearing on the petition 371 may be open or closed as the petitioner may choose. The 372 petitioner may present evidence and subpoena witnesses to appear 373 at the hearing on the petition. The petitioner may confront and 374 cross-examine witnesses called by the state attorney. A record 375 of the hearing shall be made by a certified court reporter or by 376 court-approved electronic means. The court shall make written 377 findings of fact and conclusions of law on the issues before it 378 and issue a final order. The court shall grant the relief 379 requested in the petition if the court finds, based on the 380 evidence presented with respect to the petitioner’s reputation, 381 the petitioner’s mental health record and, if applicable, 382 criminal history record, the circumstances surrounding the 383 firearm disability, and any other evidence in the record, that 384 the petitioner will not be likely to act in a manner that is 385 dangerous to public safety and that granting the relief would 386 not be contrary to the public interest. If the final order 387 denies relief, the petitioner may not petition again for relief 388 from firearm disabilities until 1 year after the date of the 389 final order. The petitioner may seek judicial review of a final 390 order denying relief in the district court of appeal having 391 jurisdiction over the court that issued the order. The review 392 shall be conducted de novo. Relief from a firearm disability 393 granted under this sub-subparagraph has no effect on the loss of 394 civil rights, including firearm rights, for any reason other 395 than the particular adjudication of mental defectiveness or 396 commitment to a mental institution from which relief is granted. 397 f. A person who has been denied a firearm due to incapacity 398 to exercise sound judgment with respect to the proper use and 399 storage of a firearm may appeal the determination by providing 400 the department with a certificate, dated no more than 30 days 401 before receipt by the department, from a licensed physician 402 whose primary practice is in the field of psychiatry or 403 psychology, stating that the psychiatric or psychological 404 disorder or condition is in remission and is not reasonably 405 likely to redevelop at a future time and that the person does 406 not pose a threat of harm to himself, herself, or others. 407 However, if the basis of a denial due to incapacity to exercise 408 sound judgment with respect to the proper use and storage of a 409 firearm is a plea of not guilty by reason of insanity or mental 410 defect in a criminal proceeding, the person denied the firearm 411 must submit the certificate described above, but only after the 412 criminal action in which the plea was entered has been disposed. 413 g.e.Upon receipt of proper notice of relief from firearm 414 disabilities granted under sub-subparagraph e.d., the 415 department shall removedeleteany mental health record of the 416 person granted relief from the automated database of persons who 417 are prohibited from purchasing a firearm based on court records 418 of adjudications of mental defectiveness or commitments to 419 mental institutions. Upon receipt of a valid certificate from a 420 licensed physician pursuant to sub-subparagraph f., the 421 department shall remove any mental health record of the person 422 who is the subject of the certificate from the automated 423 database of persons who are prohibited from purchasing a firearm 424 if the record was based solely upon a report pursuant to s. 425 790.0651 or a plea of not guilty by reason of insanity or mental 426 defect. 427 h.f.The department is authorized to disclose the collected 428 data to agencies of the Federal Government and other states for 429 use exclusively in determining the lawfulness of a firearm sale 430 or transfer. The department is also authorized to disclose any 431 collected data to the Department of Agriculture and Consumer 432 Services for purposes of determining eligibility for issuance of 433 a concealed weapons or concealed firearms license and for 434 determining whether a basis exists for revoking or suspending a 435 previously issued license pursuant to s. 790.06(10). When a 436 potential buyer or transferee appeals a nonapproval based on 437 these records, the clerks of court,andmental institutions, and 438 health care providers reporting a mental health status pursuant 439 to s. 790.0651 shall, upon request by the department, provide 440 information to help determine whether the potential buyer or 441 transferee is the same person as the subject of the record. 442 Photographs and any other data that could confirm or negate 443 identity must be made available to the department for such 444 purposes, notwithstanding any other provision of state law to 445 the contrary. Any such information that is made confidential or 446 exempt from disclosure by law shall retain such confidential or 447 exempt status when transferred to the department. 448 Section 4. Section 790.0651, Florida Statutes, is created 449 to read: 450 790.0651 Mandatory reporting of mental health status for 451 firearm safety.— 452 (1) The Legislature finds that prohibiting persons who have 453 mental illness from having access to firearms is an important 454 state interest and an interest that has been acknowledged and 455 supported by the United States Supreme Court. Numerous high 456 profile tragedies involving gun violence have illustrated that a 457 critical deficiency exists in regard to records of persons who 458 have mental illness in the current system of firearm background 459 checks. This deficiency results in the detection of only a small 460 percentage of the dangerous mentally ill, those persons who have 461 been adjudicated as having a mental defect or who have been 462 involuntarily committed to a mental institution. An adjudication 463 of mental defectiveness or involuntary commitment is the 464 exception and not the rule for those suffering from mental 465 illness. As a result, only a small number of persons who have a 466 mental illness and who pose a risk to themselves or others are 467 prevented from purchasing or carrying firearms. Requiring health 468 care providers with direct knowledge of an individual’s mental 469 health status and propensity for violence to provide identifying 470 information to law enforcement for inclusion in the automated 471 database of persons prohibited from purchasing a firearm will 472 more fully enable the state to realize its goal of preventing 473 the dangerous mentally ill from accessing guns that may be used 474 to harm innocent persons in this state. 475 (2) As used in this section, the term: 476 (a) “Firearm-prohibited persons database” means the 477 automated database of persons prohibited from purchasing a 478 firearm created by s. 790.065 and currently operating under the 479 name Mental Competency Database, or MECOM. 480 (b) “Health care provider” means any person licensed under 481 chapter 458, chapter 490, or chapter 491. 482 (3) A healthcare provider shall report the name, known 483 aliases, last known address, social security number, or other 484 unique government identification number, date of birth, race, 485 and sex of a person who poses a serious danger to himself, 486 herself, or others and who has been diagnosed or treated by the 487 health care provider as suffering from an active psychiatric or 488 psychological disorder or condition that causes or is likely to 489 cause substantial impairment in judgment, mood, perception, 490 impulse control, or intellectual ability which may include, but 491 is not limited to, the following diagnosed conditions: 492 (a) Schizophrenia or delusional disorder. 493 (b) Bipolar disorder. 494 (c) Chronic dementia, whether caused by illness, brain 495 defect, or brain injury. 496 (d) Dissociative identity disorder. 497 (e) Intermittent explosive disorder. 498 (f) Antisocial personality disorder. 499 (4) If a person suffers from a disorder or condition 500 described in subsection (3) which is in remission but is 501 reasonably likely to redevelop at a future time or requires 502 continuous medical treatment to avoid, such condition shall be 503 considered an active psychiatric or psychological disorder or 504 condition for purposes of this section. 505 (5) Reports required pursuant to this section must be made 506 to the Department of Law Enforcement through a single statewide 507 telephone number, fax number, or secure web-based system 508 operating 24 hours a day, every day of the year. Upon receipt of 509 such report, the Department of Law Enforcement shall provide the 510 reporting health care provider with a unique report 511 identification number for the health care provider’s records. 512 (6) Within 24 hours after the receipt of a report, the 513 Department of Law Enforcement shall create a record based upon 514 the identifying information contained in the report and shall 515 enter the record into the firearm-prohibited persons database. 516 If a record exists for the reported person within the firearm 517 prohibited persons database at the time of the report, the 518 Department of Law Enforcement shall update such record with 519 information contained in the most recent report. 520 (7) Within 5 days after the creation of a record in the 521 firearm-prohibited persons database based upon a report under 522 this section, the Department of Law Enforcement shall provide 523 notice to the person who is the subject of the record advising 524 that he or she is prohibited from possessing a firearm in 525 accordance with s. 790.234. 526 (8) Reports provided by health care providers pursuant to 527 this section may be used only to determine an individual’s 528 eligibility to purchase a firearm or carry a concealed weapon 529 pursuant to ss. 790.06 and 790.065. Protected health information 530 that is confidential or exempt from disclosure by law shall 531 retain such confidential or exempt status when provided to the 532 Department of Law Enforcement in a report under this section. 533 (9) The name, license number, and contact information of 534 the reporting health care provider shall be entered into a 535 record created or updated in the firearm-prohibited persons 536 database based upon a report under this section, but such 537 information shall be held confidential and exempt as provided by 538 s. 790.0652. 539 (10) A health care provider who makes a report pursuant to 540 this section or participates in a resulting judicial proceeding 541 is presumed to be acting in good faith, and unless lack of good 542 faith is shown by clear and convincing evidence, is immune from 543 liability, civil or criminal, which otherwise might be incurred 544 or imposed. 545 (11) A health care provider who fails to comply with this 546 section may be disciplined by his or her licensing authority. 547 (12) This section does not enlarge or reduce other required 548 or authorized disclosures of protected health information by 549 health care providers for the protection of their patients or 550 clients, or the public. 551 (13) The Department of Law Enforcement, in cooperation with 552 the Department of Health, shall adopt forms and rules to 553 implement this section. 554 Section 5. Section 790.234, Florida Statutes, is created to 555 read: 556 790.234 Possession of firearms or ammunition prohibited 557 when person has active mental health record in firearm 558 prohibited persons database.— 559 (1) A person may not have in his or her care, custody, 560 possession, or control any firearm or ammunition if the person 561 has an active mental health record in the automated database of 562 persons prohibited from purchasing a firearm under s. 790.065, 563 and the record is based upon a mental health status report 564 pursuant to s. 790.0651 or upon a plea of not guilty by reason 565 of insanity or mental defect in a criminal proceeding. 566 (2) A person who violates subsection (1) commits a 567 misdemeanor of the second degree, punishable as provided in s. 568 775.082 or s. 775.083. 569 Section 6. This act shall take effect July 1, 2013.