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HB 729 2026
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hb729-00
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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 protective injunctions and 2
protection orders; amending s. 741.30, F.S.; requiring 3
a respondent to surrender to the local law enforcement 4
agency all firearms, ammunition, and licenses to carry 5
a concealed weapon or firearm after the issuance of a 6
final judgment on an injunction for protection against 7
domestic violence; providing for the surrender and 8
storage of firearms, ammunition, and licenses to carry 9
a concealed weapon or firearm after issuance of a 10
protective injunction; requiring law enforcement 11
agencies to develop certain policies and procedures; 12
providing for return of firearms, ammunition, and 13
licenses to carry a concealed weapon or firearm when a 14
protective injunction is vacated, terminated, or 15
otherwise rendered no longer affective; authorizing a 16
respondent to elect to transfer all firearms and 17
ammunition surrendered or seized by a law enforcement 18
agency to another person under certain circumstances; 19
amending s. 741.31, F.S.; revising the criminal 20
penalty for a second or subsequent violation of an 21
injunction for protection against domestic violence or 22
a foreign protection order; providing an effective 23
date. 24
25
HB 729 2026
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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
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Subsections (9) and (10) of section 741.30, 28
Florida Statutes, are renumbered as subsections (10) and (11), 29
respectively, paragraph (g) of subsection (6) is amended, and a 30
new subsection (9) is added to that section, to read: 31
741.30 Domestic violence; injunction; powers and duties of 32
court and clerk; petition; notice and hearing; temporary 33
injunction; issuance of injunction; statewide verification 34
system; enforcement; public records exemption.— 35
(6) 36
(g) A final judgment on injunction for protection against 37
domestic violence entered under this section must, on its face, 38
indicate that it is a violation of s. 790.233, and a first 39
degree misdemeanor, for the respondent to have in his or her 40
care, custody, possession, or control any firearm or ammunition. 41
Upon issuance of a final judgment on injunction for protection 42
against domestic violence, the court shall order the respondent 43
to surrender to the local law enforcement agency all firearms 44
and ammunition owned by the respondent in the respondent's 45
custody, control, or possession except as provided in paragraph 46
(9)(g), and any license to carry a concealed weapon or firearm 47
issued under s. 790.06, held by the respondent. 48
(9)(a) Upon issuance of a final judgment on injunction for 49
protection against domestic violence, the law enforcement 50
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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
officer serving the injunction for protection shall request that 51
the respondent immediately surrender all firearms and ammunition 52
owned by the respondent in his or her custody, control, or 53
possession and any license to carry a concealed weapon or 54
firearm issued under s. 790.06, held by the respondent. The law 55
enforcement officer shall take possession of all firearms and 56
ammunition owned by the respondent, except as provided in 57
paragraph (g), and any license to carry a concealed weapon or 58
firearm issued under s. 790.06, held by the respondent, which 59
are surrendered. Alternatively, if personal service by a law 60
enforcement officer is not possible or is not required because 61
the respondent was present at the hearing, the respondent must 62
surrender any firearms and ammunition owned by the respondent, 63
except as provided in paragraph (g), and any license to carry a 64
concealed weapon or firearm issued under s. 790.06, held by the 65
respondent, in a safe manner to the control of the local law 66
enforcement agency immediately after being served with the order 67
by service or immediately after the hearing at which the 68
respondent was present. Notwithstanding ss. 933.02 and 933.18, a 69
law enforcement officer may seek a search warrant from a court 70
of competent jurisdiction to conduct a search for firearms or 71
ammunition owned by the respondent if the officer has probable 72
cause to believe that there are firearms or ammunition owned by 73
the respondent in the respondent's custody, control, or 74
possession at a particular location which have not been 75
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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
surrendered. 76
(b) At the time of surrender, a law enforcement officer 77
taking possession of any firearm or ammunition owned by the 78
respondent, or a license to carry a concealed weapon or firearm 79
issued under s. 790.06, held by the respondent shall issue a 80
receipt identifying all firearms and the quantity and type of 81
ammunition that have been surrendered, and any license 82
surrendered and shall provide a copy of the receipt to the 83
respondent. Within 72 hours after service of the injunction, the 84
law enforcement officer serving the injunction must file the 85
original receipt with the court and ensure that his or her law 86
enforcement agency or office retains a copy of the receipt. 87
(c) Notwithstanding ss. 933.02 and 933.18, upon the sworn 88
statement or testimony of a law enforcement officer alleging 89
that the respondent has failed to comply with the surrender of 90
firearms or ammunition owned by the respondent, as required by 91
an injunction issued under this section, the court shall 92
determine whether probable cause exists to believe that the 93
respondent has failed to surrender all firearms or ammunition 94
owned by the respondent in the respondent's custody, control, or 95
possession. If the court finds probable cause that firearms or 96
ammunition owned by the respondent are located in a particular 97
location, the court must issue a search warrant authorizing a 98
search of the location where the firearms or ammunition are 99
located and the seizure of any firearms or ammunition owned by 100
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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
the respondent discovered pursuant to such search. 101
(d) If a person other than the respondent claims title to 102
any firearms or ammunition surrendered pursuant to this 103
subsection and he or she is determined by the law enforcement 104
agency to be the lawful owner of the firearm or ammunition, the 105
firearm or ammunition must be returned to him or her, if: 106
1. The lawful owner agrees to store the firearm or 107
ammunition in a manner such that the respondent does not have 108
access to or control of the firearm or ammunition. 109
2. The firearm or ammunition is not otherwise unlawfully 110
possessed by the owner. 111
(e) All law enforcement agencies must develop policies and 112
procedures regarding the acceptance, storage, and return of 113
firearms, ammunition, or licenses required to be surrendered 114
under this section. 115
(f)1. If an injunction for protection against domestic 116
violence is vacated, terminated, or otherwise rendered no longer 117
effective by ruling of the court, a law enforcement agency 118
holding a firearm or any ammunition owned by the respondent or a 119
license to carry a concealed weapon or firearm issued under s. 120
790.06, held by the respondent, that has been surrendered or 121
seized pursuant to this subsection must return such surrendered 122
firearm, ammunition, or license to carry a concealed weapon or 123
firearm issued under s. 790.06, as requested by a respondent 124
only after confirming through a background check that the 125
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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
respondent is currently eligible to own or possess firearms and 126
ammunition under federal and state law and after confirming with 127
the court that the injunction has been vacated, terminated, or 128
otherwise rendered no longer effective. 129
2. If an injunction for protection against domestic 130
violence is vacated, terminated, or otherwise rendered no longer 131
effective by ruling of the court, the Department of Agriculture 132
and Consumer Services, if it has suspended a license to carry a 133
concealed weapon or firearm pursuant to this subsection, must 134
reinstate such license only after confirming that the respondent 135
is currently eligible to have a license to carry a concealed 136
weapon or firearm pursuant to s. 790.06. 137
3. A law enforcement agency must provide notice or make a 138
reasonable effort to provide notice to the petitioner. 139
4. Any firearm and ammunition surrendered by a respondent 140
pursuant to this subsection which remains unclaimed by the 141
lawful owner for 1 year after an injunction has been vacated, 142
terminated, or otherwise rendered no longer effective must be 143
disposed of in accordance with the law enforcement agency's 144
policies and procedures for the disposal of firearms in police 145
custody. 146
(g) A respondent may elect to transfer all firearms and 147
ammunition owned by the respondent that have been surrendered to 148
or seized by a local law enforcement agency pursuant to 149
paragraph (a) to another person who is willing to receive the 150
HB 729 2026
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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
respondent's firearms and ammunition. The law enforcement agency 151
must allow such a transfer only if it is determined that the 152
chosen recipient: 153
1. Currently is eligible to own or possess a firearm and 154
ammunition under federal and state law after confirmation 155
through a background check. 156
2. Attests to storing the firearms and ammunition in a 157
manner such that the respondent does not have access to or 158
control of the firearms and ammunition until the injunction 159
against the respondent is vacated, terminated, or otherwise 160
rendered no longer effective by ruling of the court. 161
3. Attests not to transfer the firearms or ammunition back 162
to the respondent until the injunction against the respondent is 163
vacated, terminated, or otherwise rendered no longer effective 164
by ruling of the court. 165
Section 2. Paragraph (c) of subsection (4) of section 166
741.31, Florida Statutes, is amended to read: 167
741.31 Violation of an injunction for protection against 168
domestic violence.— 169
(4) 170
(c) A person who has a two or more prior conviction 171
convictions for violation of an injunction or a foreign 172
protection order, and who subsequently commits a second or 173
subsequent violation of any injunction or foreign protection 174
order against the same victim, commits a felony of the third 175
HB 729 2026
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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
degree, punishable as provided in s. 775.082, s. 775.083 or s. 176
775.084. For purposes of this paragraph, the term "conviction" 177
means a determination of guilt which is the result of a plea or 178
a trial, regardless of whether adjudication is withheld or a 179
plea of nolo contendere is entered. 180
Section 3. This act shall take effect October 1, 2026. 181