Florida HB 6029: Risk Protection Orders

Bill Text

HB 6029 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6029-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to risk protection orders; repealing 2
s. 790.401, F.S., relating to the surrender of 3
firearms pursuant to a risk protection order; amending 4
ss. 394.4615, 394.463, 456.059, 490.0147, 491.0147, 5
and 790.08, F.S.; conforming provisions to changes 6
made by the act; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Section 790.401, Florida Statutes, is repealed. 11
Section 2. Subsection (4) of section 394.4615, Florida 12
Statutes, is amended to read: 13
394.4615 Clinical records; confidentiality.— 14
(4) Information from the clinical record must be released 15
when a patient has communicated to a service provider a specific 16
threat to cause serious bodily injury or death to an identified 17
or a readily available person, if the service provider 18
reasonably believes, or should reasonably believe according to 19
the standards of his or her profession, that the patient has the 20
apparent intent and ability to imminently or immediately carry 21
out such threat. When such communication has been made, the 22
administrator must authorize the release of sufficient 23
information to communicate the threat to law enforcement. A law 24
enforcement agency that receives notification of a specific 25

HB 6029 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6029-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

threat under this subsection must take appropriate action to 26
prevent the risk of harm, including, but not limited to, 27
notifying the intended victim of such threat or initiating a 28
risk protection order. A service provider's authorization to 29
release information from a clinical record when communicating a 30
threat pursuant to this section may not be the basis of any 31
legal action or criminal or civil liability against the service 32
provider. 33
Section 3. Paragraph (d) of subsection (2) of section 34
394.463, Florida Statutes, is amended to read: 35
394.463 Involuntary examination.— 36
(2) INVOLUNTARY EXAMINATION.— 37
(d)1. A law enforcement officer taking custody of a person 38
under this subsection may seize and hold a firearm or any 39
ammunition the person possesses at the time of taking him or her 40
into custody if the person poses a potential danger to himself 41
or herself or others and has made a credible threat of violence 42
against another person. 43
2. If the law enforcement officer takes custody of the 44
person at the person's residence and the criteria in 45
subparagraph 1. have been met, the law enforcement officer may 46
seek the voluntary surrender of firearms or ammunition kept in 47
the residence which have not already been seized under 48
subparagraph 1. If such firearms or ammunition are not 49
voluntarily surrendered, or if the person has other firearms or 50

HB 6029 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6029-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

ammunition that were not seized or voluntarily surrendered when 51
he or she was taken into custody, a law enforcement officer may 52
petition the appropriate court under s. 790.401 for a risk 53
protection order against the person. 54
3. Firearms or ammunition seized or voluntarily 55
surrendered under this paragraph must be made available for 56
return no later than 24 hours after the person taken into 57
custody can document that he or she is no longer subject to 58
involuntary examination and has been released or discharged from 59
any inpatient or involuntary outpatient treatment provided or 60
ordered under paragraph (g), unless a risk protection order 61
entered under s. 790.401 directs the law enforcement agency to 62
hold the firearms or ammunition for a longer period or the 63
person is subject to a firearm purchase disability under s. 64
790.065(2), or a firearm possession and firearm ownership 65
disability under s. 790.064. The process for the actual return 66
of firearms or ammunition seized or voluntarily surrendered 67
under this paragraph may not take longer than 7 days. 68
4. Law enforcement agencies must develop policies and 69
procedures relating to the seizure, storage, and return of 70
firearms or ammunition held under this paragraph. 71
Section 4. Section 456.059, Florida Statutes, is amended 72
to read: 73
456.059 Communications confidential; exceptions.—74
Communications between a patient and a psychiatrist, as defined 75

HB 6029 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6029-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

in s. 394.455, shall be held confidential and may not be 76
disclosed except upon the request of the patient or the 77
patient's legal r