Read the full stored bill text
Florida Senate
-
2026
SB 858
By
Senator Polsky
30-00843A-26 2026858__
1 A bill to be entitled
2 An act relating to protective injunctions and
3 protection orders; amending s. 741.30, F.S.; requiring
4 a respondent to surrender to the local law enforcement
5 agency all firearms, ammunition, and licenses to carry
6 a concealed weapon or firearm after the issuance of a
7 final judgment on an injunction for protection against
8 domestic violence; providing for the surrender and
9 storage of firearms, ammunition, and licenses to carry
10 a concealed weapon or firearm after issuance of a
11 protective injunction; requiring law enforcement
12 agencies to develop certain policies and procedures;
13 providing for return of firearms, ammunition, and
14 licenses to carry a concealed weapon or firearm when a
15 protective injunction is vacated, terminated, or
16 otherwise rendered no longer effective; authorizing a
17 respondent to elect to transfer all firearms and
18 ammunition surrendered or seized by a law enforcement
19 agency to another person under certain circumstances;
20 amending s. 741.31, F.S.; revising the criminal
21 penalty for a second or subsequent violation of an
22 injunction for protection against domestic violence or
23 a foreign protection order; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Present subsections (9) and (10) of section
29 741.30, Florida Statutes, are redesignated as subsections (10)
30 and (11), respectively, a new subsection (9) is added to that
31 section, and paragraph (g) of subsection (6) of that section is
32 amended, to read:
33 741.30 Domestic violence; injunction; powers and duties of
34 court and clerk; petition; notice and hearing; temporary
35 injunction; issuance of injunction; statewide verification
36 system; enforcement; public records exemption.—
37 (6)
38 (g) A final judgment on injunction for protection against
39 domestic violence entered under this section must, on its face,
40 indicate that it is a violation of s. 790.233, and a first
41 degree misdemeanor, for the respondent to have in his or her
42 care, custody, possession, or control any firearm or ammunition.
43
Upon issuance of a final judgment on injunction for protection
44
against domestic violence, the court shall order the respondent
45
to surrender to the local law enforcement agency all firearms
46
and ammunition owned by the respondent in the respondent’s
47
custody, control, or possession except as provided in paragraph
48
(9)(g), and any license to carry a concealed weapon or firearm
49
issued under s. 790.06, held by the respondent.
50
(9)(a)
Upon issuance of a final judgment on injunction for
51
protection against domestic violence, the law enforcement
52
officer serving the injunction for protection shall request that
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the respondent immediately surrender all firearms and ammunition
54
owned by the respondent in his or her custody, control, or
55
possession and any license to carry a concealed weapon or
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firearm issued under s. 790.06, held by the respondent. The law
57
enforcement officer shall take possession of all firearms and
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ammunition owned by the respondent, except as provided in
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paragraph (g), and any license to carry a concealed weapon or
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firearm issued under s. 790.06, held by the respondent, which
61
are surrendered. Alternatively, if personal service by a law
62
enforcement officer is not possible or is not required because
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the respondent was present at the hearing, the respondent must
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surrender any firearms and ammunition owned by the respondent,
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except as provided in paragraph (g), and any license to carry a
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concealed weapon or firearm issued under s. 790.06, held by the
67
respondent, in a safe manner to the control of the local law
68
enforcement agency immediately after being served with the order
69
by service or immediately after the hearing at which the
70
respondent was present. Notwithstanding ss. 933.02 and 933.18, a
71
law enforcement officer may seek a search warrant from a court
72
of competent jurisdiction to conduct a search for firearms or
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ammunition owned by the respondent if the officer has probable
74
cause to believe that there are firearms or ammunition owned by
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the respondent in the respondent’s custody, control, or
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possession at a particular location which have not been
77
surrendered.
78
(b)
At the time of surrender, a law enforcement officer
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taking possession of any firearm or ammunition owned by the
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respondent, or a license to carry a concealed weapon or firearm
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issued under s. 790.06, held by the respondent shall issue a
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receipt identifying all firearms and the quantity and type of
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ammunition that have been surrendered, and any license
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surrendered and shall provide a copy of the receipt to the
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respondent. Within 72 hours after service of the injunction, the
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law enforcement officer serving the injunction must file the
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original receipt with the court and ensure that his or her law
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enforcement agency or office retains a copy of the receipt.
89
(c)
Notwithstanding ss. 933.02 and 933.18, upon the sworn
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statement or testimony of a law enforcement officer alleging
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that the respondent has failed to comply with the surrender of
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firearms or ammunition owned by the respondent, as required by
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an injunction issued under this section, the court shall
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determine whether probable cause exists to believe that the
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respondent has failed to surrender all firearms or ammunition
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owned by the respondent in the respondent’s custody, control, or
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possession. If the court finds probable cause that firearms or
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ammunition owned by the respondent are located in a particular
99
location, the court must issue a search warrant authorizing a
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search of the location where the firearms or ammunition are
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located and the seizure of any firearms or ammunition owned by
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the respondent discovered pursuant to such search.
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(d)
If a person other than the respondent claims title to
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any firearms or ammunition surrendered pursuant to this
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subsection and he or she is determined by the law enforcement
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agency to be the lawful owner of the firearm or ammunition, the
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firearm or ammunition must be returned to him or her, if:
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1.
The lawful owner agrees to store the firearm or
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ammunition in a manner such that the respondent does not have
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access to or control of the firearm or ammunition.
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2.
The firearm or ammunition is not otherwise unlawfully
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possessed by the owner.
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(e)
All law enforcement agencies must develop policies and
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procedures regarding the acceptance, storage, and return of
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firearms, ammunition, or licenses required to be surrendered
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under this section.
117
(f)1.
If an injunction for protection against domestic
118
violence is vacated, terminated, or otherwise rendered no longer
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effective by ruling of the court, a law enforcement agency
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holding a firearm or any ammunition owned by the respondent or a
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license to carry a concealed weapon or firearm issued under s.
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790.06, held by the respondent, that has been surrendered or
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seized pursuant to this subsection must return such surrendered
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firearm, ammunition, or license to carry a concealed weapon or
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firearm issued under s. 790.06, as requested by a respondent
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only after confirming through a background check that the
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respondent is currently eligible to own or possess firearms and
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ammunition under federal and state law and after confirming with
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the court that the injunction has been vacated, terminated, or
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otherwise rendered no longer effective.
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2.
If an injunction for protection against domestic
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violence is vacated, terminated, or otherwise rendered no longer
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effective by ruling of the court, the Department of Agriculture
134
and Consumer Services, if it has suspended a license to carry a
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concealed weapon or firearm pursuant to this subsection, must
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reinstate such license only after confirming that the respondent
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is currently eligible to have a license to carry a concealed
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weapon or firearm pursuant to s. 790.06.
139
3.
A law enforcement agency must provide notice or make a
140
reasonable effort to provide notice to the petitioner.
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4.
Any firearm and ammunition surrendered by a respondent
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pursuant to this subsection which remains unclaimed by the
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lawful owner for 1 year after an injunction has been vacated,
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terminated, or otherwise rendered no longer effective must be
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disposed of in accordance with the law enforcement agency’s
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policies and procedures for the disposal of firearms in police
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custody.
148
(g)
A respondent may elect to transfer all firearms and
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ammunition owned by the respondent that have been surrendered to
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or seized by a local law enforcement agency pursuant to
151
paragraph (a) to another person who is willing to receive the
152
respondent’s firearms and ammunition. The law enforcement agency
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must allow such a transfer only if it is determined that the
154
chosen recipient:
155
1.
Currently is eligible to own or possess a firearm and
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ammunition under federal and state law after confirmation
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through a background check.
158
2.
Attests to storing the firearms and ammunition in a
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manner such that the respondent does not have access to or
160
control of the firearms and ammunition until the injunction
161
against the respondent is vacated, terminated, or otherwise
162
rendered no longer effective by ruling of the court.
163
3.
Attests not to transfer the firearms or ammunition back
164
to the respondent until the injunction against the respondent is
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vacated, terminated, or otherwise rendered no longer effective
166
by ruling of the court.
167 Section 2. Paragraph (c) of subsection (4) of section
168 741.31, Florida Statutes, is amended to read:
169 741.31 Violation of an injunction for protection against
170 domestic violence.—
171 (4)
172 (c) A person who has
a
two or more
prior
conviction
173
convictions
for violation of an injunction or
a
foreign
174 protection order, and who
subsequently
commits a
second or
175
subsequent
violation of any injunction or foreign protection
176 order against the same victim, commits a felony of the third
177 degree, punishable as provided in s. 775.082, s. 775.083 or s.
178 775.084. For purposes of this paragraph, the term “conviction”
179 means a determination of guilt which is the result of a plea or
180 a trial, regardless of whether adjudication is withheld or a
181 plea of nolo contendere is entered.
182 Section 3. This act shall take effect October 1, 2026.