TALLAHASSEE, Fla. — New legislation would mandate that Floridians deemed mentally incompetent by a judge be added to a federal gun background check database within 24 hours.

The move is a response to findings by the state's Auditor General that found thousands of names aren't being added within the currently prescribed 30-day time frame.


What You Need To Know

  •  Names of people deemed mentally incompetent by a judge have to be added to a federal database

  •  A recent report found that thousands of names weren't added within the current 30-day time frame

  • A new bill would decrease the amount of time allowed to 24 hours

A November 2019 Auditor General report revealed that the names of more than 3,000 individuals adjudicated mentally incompetent weren't added to the background check database within 30 days of a judge's order, with 481 added more than six months after the fact.

HB19, filed Monday by state Rep. Mike Gottlieb (D-Davie), is being hailed by gun control advocates as a common-sense procedural mandate the legislature's majority Republicans would be wise to embrace.

"They always say things like 'guns don't kill, people kill', and then they also blame it on mental illness, not on guns," said Barbara DeVane of the Florida Coalition to Prevent Gun Violence. "Well, here's their opportunity to show us that they really believe that." 

The Auditor General report identified issues with timely reporting of names by county court clerks. It also faulted the Florida Department of Law Enforcement, which is in charge of receiving the clerks' reports and enters the names into the database, of not adequately monitoring compliance with the timetable.

Many court clerk offices are understaffed, which some say would make the legislation a potential unfunded mandate. DeVane said it should be the state's responsibility to give the clerks financial assistance.

"So be it that it costs more money," me said. "Let them fund the clerks' office to get this done, because, you know, how much value do you put on the life of a woman or a child or even a man, who's been killed by someone who's deemed not able?"

The legislation will be considered during the 2022 legislative session, which begins in January.