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

District Court of Appeal of Florida, Fifth District.

D.J.S., Appellant, v. VOLUSIA SHERIFF'S OFFICE, Appellee.

Case No. 5D22-74

Decided: August 05, 2022

Michael H. Lambert, and Bryan G. Lambert, of Lambert Law, Daytona Beach, for Appellant. Thomas G. Portuallo, Assistant County Attorney, Deland, for Appellee.

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.

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