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D.J.S., Appellant, v. VOLUSIA SHERIFF OFFICE (2022)

District Court of Appeal of Florida, Fifth District.2022-08-05No. Case No. 5D22-74

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Opinion

We affirm the risk protection order entered below except as to that portion of the order requiring Appellant to submit to a chemical dependency evaluation. The record does not support a basis to order such evaluation. See § 790.401(3)(f), Fla. Stat. (2021) (“During the hearing, the court must consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations, if appropriate.” (emphasis added)). AFFIRMED, in part; REVERSED, in part; and REMANDED.

PER CURIAM.

LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.