No. HB 6029
Filed under Healthcare.
Risk Protection Orders; Repeals provisions relating to surrender of firearms pursuant to risk protection order.
Plain English Summary
AI-GENERATEDFlorida's risk protection order law, which let law enforcement ask a court to temporarily take firearms from someone found to pose a significant danger to themselves or others, is repealed outright.
Six other statutes are amended only to strip out now-defunct references to risk protection orders. None of these changes alter a provider's duty to warn of a threat, a patient's confidentiality protections, or a provider's immunity for disclosing a threat.
Under the Baker Act, a law enforcement officer who takes someone into involuntary examination loses the specific power to petition a court for a risk protection order when that person's firearms are not voluntarily surrendered.
A now-defunct risk protection order no longer appears among the reasons police can hold seized firearms past 24 hours, or among the court orders a background check screens for before returning a firearm.
AISection 790.401, the law authorizing courts to issue risk protection orders removing firearms from a person found to pose a significant danger, is repealed outright, eliminating the entire process in one line.
AIWhen a person taken into involuntary examination does not surrender firearms voluntarily, an officer no longer has the specific statutory power to ask a court for a risk protection order against that person.
AIFirearms seized during an involuntary examination had to be returned within 24 hours of clearance unless a risk protection order directed a longer hold; that exception is deleted, narrowing the grounds for delay to firearm-disability cases only.
AIStatutes governing confidentiality and duty-to-warn for mental health providers, psychologists, social workers, counselors, and physicians each drop the option of initiating a risk protection order from the actions available after a threat notification.
AIA background check confirming someone is not barred from getting a seized firearm back no longer needs to screen for an existing risk protection order, since the order no longer exists as a legal instrument.