Florida's NICS Act Record Improvement Program, FY 2018

The NICS Improvement Amendments Act of 2007, P. L. 110-180 ("NIAA"), was initially signed into law by the President on January 8, 2008 (reauthorized by Title VI of the Consolidated Appropriations Act of 2018, P.L. 115-141). The NIAA amends the Brady Handgun Violence Prevention Act of 1993 ("the Brady Act") (Pub. L. 103-159), under which the Attorney General established the National Instant Criminal Background Check System (NICS). The Brady Act requires Federal Firearms Licensees (FFLs) to contact the NICS before transferring a firearm to an unlicensed person for information on whether the proposed transferee is prohibited from receiving or possessing a firearm under state or federal law. The NIAA authorizes grants to be made in a manner consistent with the National Criminal History Improvement Program (NCHIP).

Under the NARIP FY 2018 project, the Florida Department of Law Enforcement (FDLE) will conduct three projects: 1) Risk Protection Orders and Search Warrants, 2) Mental Health Competency (MECOM) Reporting Assistance for Miami-Dade and 6 Additional Florida Counties 3) Historical Disposition Research.

Under project 1, FDLE will use funds to expand the current eWarrants application to integrate electronic risk protection orders and search and seizure warrants. This will accommodate new requirements outlined in Florida Statute 790.401 that allows the courts, when petitioned by a law enforcement agency, to determine if an individual may pose a significant danger to themselves or the community. A temporary or final signed order requires the respondent to turn over any firearms in their possession, and prohibits them from purchasing, possessing, or receiving, a firearm or any ammunition for the duration of the order. This project is designed to ensure that risk protection order information is exchanged and entered in state and national systems in a timely manner. This will ensure that appropriate decisions are made by criminal justice agencies in many different processes, in particular, the sale of firearms.

Under project 2, FDLE will use funds to provide additional resources to Florida’s Clerks of Court to support the timely and accurate entry of mental health records into the NICS Indices. The risk of late reporting of mental health records is that an individual who is prohibited from purchasing or possessing a firearm may be approved at the time of the background check if the disqualifying mental health record is not available. The pilot will focus on Miami Dade Clerk of Court and six additional Florida counties to provide at least seven staff members who will be responsible for identifying, researching, and entering of disqualifying mental health records within expected time frames.

Under project 3, FDLE will use funds to continue prior year efforts to complete an evaluation of all Florida counties and their criminal court records for arrest records in the repository missing a disposition. Improving the overall accuracy and completeness of FDLE’s criminal history repository (and, by extension, the FBI III Index) and responding to firearm background checks in a timely manner is a matter of public safety.

(CA/NCF)