LEON COUNTY CLERK OF COURT OPERATING POLICY AND PROCEDURE MANUAL COURTS DEPARTMENT Policy # 4-1 TOPIC: MECOM EFFECTIVE DATE: 07/22/2014 REVISION DATE: I. APPROVED BY: Gypsy Bailey PURPOSE A. To submit accurate and complete MECOM data at http://mecom.flcjn.net/MentalComp/ by the 15th of every month. B. To handle petitions for relief from firearms disability consistently. II. HISTORY A. In 2006, the Florida Legislature passed HB 151, which required Clerks for the first time to submit to FDLE records of persons who have adjudications of mental defectiveness or commitments to mental institutions, within 1 month after the rendition of the adjudication or commitment. This bill also required FDLE to create and maintain a database of persons who are disqualified from purchasing a firearm as a result of being adjudicated mentally defective or committed to a mental institution. The Mental Competency (MECOM) database was established in February 2007 and is accessed as a part of the screening of potential firearm purchasers in Florida and by the FBI National Instant Check System. It is also used by the Department of Agriculture and Consumer Services in the evaluation of persons who are applying for concealed weapon permits. B. In 2013, the Florida Legislature passed House Bill (HB) 1355 that took effect on July 1, 2013. It provides conditions under which an individual who has been allowed to transfer to voluntary status in lieu of court-ordered involuntary commitment after being admitted for involuntary examination at a Baker Act receiving facility and is certified by a physician to be of imminent danger, may be prohibited from purchasing firearms or retaining or applying for a concealed weapon or firearms license. This bill amended FS 790.065(2)(a)4.c. III. REFERENCES A. FS 394.463 (involuntary examination) B. FS 394.467 (involuntary inpatient placement) C. FS 397.6811 (involuntary assessment and stabilization) D. FS 397.693 (involuntary treatment) E. FS 790.065 F. FAQs - http://www.fdle.state.fl.us/Content/getdoc/7f08f726-a5ac-4770-93e00785c31262ef/MECOMFAQs_Final_06022014.aspx G. FDLE’s PowerPoint presentation, Mental Health Firearms Disqualifiers http://www.fdle.state.fl.us/Content/getdoc/8463857d-e5a0-4f34-9e80ae9216c0963a/HB1355TrainingPresentation_06022014.aspx Page 1 of 2 IV. FORMS: G/Courts Department/Petition for Relief from Firearm Disability packet.docx (packet prepared by FDLE workgroup). V. PROCESS A. After receiving a Finding and Certification by an Examining Physician of Person’s Imminent Dangerousness, create case using one of the appropriate case types used for SRS but insure that it is a non-reporting SRS case, based on 02/14 instructions from OSCA; the case should be captured for CCOC workload reporting purposes only. Selections: s. 394.463 Involuntary examination; s. 394.467 Involuntary inpatient placement; s. 397.6811 Involuntary assessment and stabilization; and s. 397.693 Involuntary treatment. B. Verify that the required demographics for identification purposes are submitted. If items are missing, email the facility for the information so that the office can comply with FDLE reporting requirements. C. Within 24 hours of receiving the finding/certification, submit the case to the court for review. Note: A person who has been involuntarily examined per court order may be subject to a petition for involuntary commitment and may consent to voluntary treatment to avoid an involuntary commitment. This person could be subject to the filing of a Finding and Certification by an Examining Physician of Person’s Imminent Dangerousness, triggering our duty to process within 24-hours. D. If the court enters an order of dangerousness, report to FDLE, using FS 790.065 as the basis for reporting, the report name, sex, DOB, UCN and any other known identifiers (SSN, DL, last known address, etc.). E. Report a commitment or adjudication within 1 month, including the name, known alias or former name, gender, the date of birth, and race, into the MECOM database to assist FDLE with the identification of an individual prohibited from purchasing a firearm. If the facility did not comply with B above, proceed with data entry into MECOM as best as you can, e.g., using 010101 for date of birth. F. After data entry into MECOM, insure an appropriate docket entry has been made on the case, using MECO as the docket code (order entered in MECOM). G. If a petition for relief from firearm disability is filed in a Leon County case, reopen the case without charging a reopen fee and docket the petition as PRFD. H. Docket the order from the judge as OPRF, regardless of whether it grants or denies the motion. If the court grants the motion, provide a copy of the order to FDLE by email so that the FDLE can delete the mental health record from MECOM. Copy of order should be emailed to MECOM@fdle.state.fl.us I. If a petitioner seeks the return of firearms, but has no Leon County case in which to file a petition, he shall be directed to Chapter 78 of the Florida Statutes, which provide the requirements for the complaint and other details. Page 2 of 2