D.J.S. vs VOLUSIA SHERIFF'S OFFICE

• Court: District Court of Appeal of Florida
• Decided: August 5, 2022
• Docket: 22-0074
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

D.J.S.,

Appellant,

v. Case No. 5D22-74 LT Case No. 2021-11905-MHDL

VOLUSIA SHERIFF'S OFFICE,

Appellee.

________________________________/

Opinion filed August 5, 2022

Appeal from the Circuit Court for Volusia County, Randell H. Rowe, III, Judge.

Michael H. Lambert, and Bryan G. Lambert, of Lambert Law, Daytona Beach, for Appellant.

Thomas G. Portuallo, Assistant County Attorney, Deland, for Appellee.

PER CURIAM. 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.

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