THE BILL ITSELF
HB 6029
Risk Protection Orders
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A bill to be entitled
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An act relating to risk protection orders; repealing
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s. 790.401, F.S., relating to the surrender of
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firearms pursuant to a risk protection order; amending
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ss. 394.4615, 394.463, 456.059, 490.0147, 491.0147,
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and 790.08, F.S.; conforming provisions to changes
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made by the act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 790.401, Florida Statutes, is repealed.
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Section 2. Subsection (4) of section 394.4615, Florida
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Statutes, is amended to read:
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394.4615 Clinical records; confidentiality.—
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(4) Information from the clinical record must be released
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when a patient has communicated to a service provider a specific
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threat to cause serious bodily injury or death to an identified
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or a readily available person, if the service provider
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reasonably believes, or should reasonably believe according to
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the standards of his or her profession, that the patient has the
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apparent intent and ability to imminently or immediately carry
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out such threat. When such communication has been made, the
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administrator must authorize the release of sufficient
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information to communicate the threat to law enforcement. A law
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enforcement agency that receives notification of a specific
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threat under this subsection must take appropriate action to
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prevent the risk of harm, including, but not limited to,
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notifying the intended victim of such threat or initiating a
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risk protection order. A service provider's authorization to
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release information from a clinical record when communicating a
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threat pursuant to this section may not be the basis of any
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legal action or criminal or civil liability against the service
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provider.
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Section 3. Paragraph (d) of subsection (2) of section
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394.463, Florida Statutes, is amended to read:
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394.463 Involuntary examination.—
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(2) INVOLUNTARY EXAMINATION.—
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(d)1. A law enforcement officer taking custody of a person
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under this subsection may seize and hold a firearm or any
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ammunition the person possesses at the time of taking him or her
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into custody if the person poses a potential danger to himself
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or herself or others and has made a credible threat of violence
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against another person.
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2. If the law enforcement officer takes custody of the
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person at the person's residence and the criteria in
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subparagraph 1. have been met, the law enforcement officer may
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seek the voluntary surrender of firearms or ammunition kept in
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the residence which have not already been seized under
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subparagraph 1. If such firearms or ammunition are not
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voluntarily surrendered, or if the person has other firearms or
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ammunition that were not seized or voluntarily surrendered when
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he or she was taken into custody, a law enforcement officer may
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petition the appropriate court under s. 790.401 for a risk
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protection order against the person.
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3. Firearms or ammunition seized or voluntarily
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surrendered under this paragraph must be made available for
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return no later than 24 hours after the person taken into
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custody can document that he or she is no longer subject to
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involuntary examination and has been released or discharged from
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any inpatient or involuntary outpatient treatment provided or
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ordered under paragraph (g), unless a risk protection order
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entered under s. 790.401 directs the law enforcement agency to
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hold the firearms or ammunition for a longer period or the
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person is subject to a firearm purchase disability under s.
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790.065(2), or a firearm possession and firearm ownership
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disability under s. 790.064. The process for the actual return
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of firearms or ammunition seized or voluntarily surrendered
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under this paragraph may not take longer than 7 days.
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4. Law enforcement agencies must develop policies and
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procedures relating to the seizure, storage, and return of
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firearms or ammunition held under this paragraph.
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Section 4. Section 456.059, Florida Statutes, is amended
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to read:
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456.059 Communications confidential; exceptions.—
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Communications between a patient and a psychiatrist, as defined
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in s. 394.455, shall be held confidential and may not be
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disclosed except upon the request of the patient or the
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patient's legal representative. Provision of psychiatric records
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and reports is governed by s. 456.057. Notwithstanding any other
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provision of this section or s. 90.503, when:
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(1) A patient is engaged in a treatment relationship with
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a psychiatrist;
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(2) Such patient has communicated to the psychiatrist a
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specific threat to cause serious bodily injury or death to an
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identified or a readily available person; and
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(3) The treating psychiatrist makes a clinical judgment
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that the patient has the apparent intent and ability to
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imminently or immediately carry out such threat,
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the psychiatrist may disclose patient communications to the
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extent necessary to warn any potential victim and must disclose
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patient communications to the extent necessary to communicate
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the threat to a law enforcement agency. A law enforcement agency
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that receives notification of a specific threat under this
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section must take appropriate action to prevent the risk of
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harm, including, but not limited to, notifying the intended
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victim of such threat or initiating a risk protection order. A
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psychiatrist's disclosure of confidential communications when
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communicating a threat pursuant to this section may not be the
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basis of any legal action or criminal or civil liability against
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the psychiatrist.
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Section 5. Subsection (2) of section 490.0147, Florida
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Statutes, is amended to read:
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490.0147 Confidentiality and privileged communications.—
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(2) Such privilege must be waived, and the psychologist
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shall disclose patient or client communications to the extent
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necessary to communicate the threat to a law enforcement agency,
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if a patient or client has communicated to the psychologist a
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specific threat to cause serious bodily injury or death to an
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identified or readily available person, and the psychologist
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makes a clinical judgment that the patient or client has the
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apparent intent and ability to imminently or immediately carry
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out such threat. A law enforcement agency that receives
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notification of a specific threat under this subsection must
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take appropriate action to prevent the risk of harm, including,
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but not limited to, notifying the intended victim of such threat
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or initiating a risk protection order. A psychologist's
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disclosure of confidential communications when communicating a
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threat pursuant to this subsection may not be the basis of any
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legal action or criminal or civil liability against the
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psychologist.
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Section 6. Subsection (2) of section 491.0147, Florida
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Statutes, is amended to read:
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491.0147 Confidentiality and privileged communications.—
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Any communication between any person licensed or certified under
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this chapter and her or his patient or client is confidential.
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(2) This privilege must be waived, and the person licensed
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or certified under this chapter shall disclose patient or client
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communications to the extent necessary to communicate the threat
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to a law enforcement agency, if a patient or client has
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communicated to such person a specific threat to cause serious
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bodily injury or death to an identified or readily available
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person, and the person licensed or certified under this chapter
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makes a clinical judgment that the patient or client has the
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apparent intent and ability to imminently or immediately carry
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out such threat. A law enforcement agency that receives
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notification of a specific threat under this subsection must
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take appropriate action to prevent the risk of harm, including,
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but not limited to, notifying the intended victim of such threat
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or initiating a risk protection order. A disclosure of
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confidential communications by a person licensed or certified
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under this chapter when communicating a threat pursuant to this
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subsection may not be the basis of any legal action or criminal
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or civil liability against such person.
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Section 7. Paragraph (b) of subsection (1) of section
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790.08, Florida Statutes, is amended and paragraph (a) of that
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subsection is republished, to read:
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790.08 Taking possession of weapons and arms; reports;
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disposition; custody.—
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(1)(a) Every officer making an arrest under s. 790.07, or
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under any other law or municipal ordinance within the state,
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shall take possession of any weapons, electric weapons or
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devices, or arms mentioned in s. 790.07 found upon the person
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arrested and deliver them to the sheriff of the county or the
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chief of police of the municipality wherein the arrest is made.
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(b) Any weapons, electric weapons or devices, or arms that
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are taken from a person under paragraph (a) that are not either
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seized as evidence or seized and subject to forfeiture under ss.
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932.701–932.7062 must be returned upon request to the person
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from whom the weapons, electric weapons or devices, or arms were
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taken within 30 days after such request is made if he or she
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meets all of the following criteria:
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1. The person has been released from detention.
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2. The person provides a form of government-issued
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photographic identification.
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3. If requesting the return of a firearm, a completed
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criminal history background check confirms that the person is
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not prohibited from possessing a firearm under state or federal
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law, including not having any prohibition arising from an
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injunction, a risk protection order, or any other court order
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prohibiting the person from possessing a firearm.
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Section 8. This act shall take effect July 1, 2026.