Florida Statute 790.338 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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790.338 Medical privacy concerning firearms; prohibitions; penalties; exceptions.—

(1) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 may not intentionally enter any disclosed information concerning firearm ownership into the patient’s medical record if the practitioner knows that such information is not relevant to the patient’s medical care or safety, or the safety of others.

(2) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 shall respect a patient’s right to privacy and should refrain from making a written inquiry or asking questions concerning the ownership of a firearm or ammunition by the patient or by a family member of the patient, or the presence of a firearm in a private home or other domicile of the patient or a family member of the patient. Notwithstanding this provision, a health care practitioner or health care facility that in good faith believes that this information is relevant to the patient’s medical care or safety, or the safety of others, may make such a verbal or written inquiry.

(3) Any emergency medical technician or paramedic acting under the supervision of an emergency medical services medical director under chapter 401 may make an inquiry concerning the possession or presence of a firearm if he or she, in good faith, believes that information regarding the possession of a firearm by the patient or the presence of a firearm in the home or domicile of a patient or a patient’s family member is necessary to treat a patient during the course and scope of a medical emergency or that the presence or possession of a firearm would pose an imminent danger or threat to the patient or others.

(4) A patient may decline to answer or provide any information regarding ownership of a firearm by the patient or a family member of the patient, or the presence of a firearm in the domicile of the patient or a family member of the patient. A patient’s decision not to answer a question relating to the presence or ownership of a firearm does not alter existing law regarding a physician’s authorization to choose his or her patients.

(5) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 may not discriminate against a patient based solely upon the patient’s exercise of the constitutional right to own and possess firearms or ammunition.

(6) A health care practitioner licensed under chapter 456 or a health care facility licensed under chapter 395 shall respect a patient’s legal right to own or possess a firearm and should refrain from unnecessarily harassing a patient about firearm ownership during an examination.

(7) An insurer issuing any type of insurance policy pursuant to chapter 627 may not deny coverage, increase any premium, or otherwise discriminate against any insured or applicant for insurance on the basis of or upon reliance upon the lawful ownership or possession of a firearm or ammunition or the lawful use or storage of a firearm or ammunition. Nothing herein shall prevent an insurer from considering the fair market value of firearms or ammunition in the setting of premiums for scheduled personal property coverage.

(8) Violations of the provisions of subsections (1)-(4) constitute grounds for disciplinary action under ss. 456.072(2) and 395.1055.

History.—s. 1, ch. 2011-112.

F.S. 790.338 on Google Scholar

F.S. 790.338 on CourtListener

Amendments to 790.338

Annotations, Discussions, Cases:

Cases Citing Statute 790.338

Total Results: 10

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

848 F.3d 1293, 2017 WL 632740, 2017 U.S. App. LEXIS 2747

Court of Appeals for the Eleventh Circuit | Filed: Feb 16, 2017 | Docket: 4586393

Cited 14 times | Published

several things. First, the Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;

Wollschlaeger v. Farmer

880 F. Supp. 2d 1251, 2012 WL 3064336, 2012 U.S. Dist. LEXIS 107731

District Court, S.D. Florida | Filed: Jun 29, 2012 | Docket: 65983635

Cited 2 times | Published

456.072, 395.1055). The bill created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

797 F.3d 859, 2015 U.S. App. LEXIS 13070, 2015 WL 4530452

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2015 | Docket: 2677703

Cited 1 times | Published

the Act into law. The Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;

Wollschlaeger v. Farmer

814 F. Supp. 2d 1367, 2011 U.S. Dist. LEXIS 104034, 2011 WL 4080053

District Court, S.D. Florida | Filed: Sep 14, 2011 | Docket: 65975940

Cited 1 times | Published

456.072, 395.1055). The bill created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms

Norwegian Cruise Line Holdings Ltd v. State Surgeon General

Court of Appeals for the Eleventh Circuit | Filed: Oct 6, 2022 | Docket: 65406440

Published

” 848 F.3d at 1317 (quoting FLA. STAT. ANN. § 790.338(5)). We upheld the statute because it “appl[ies]

Robert W. Otto v. City of Boca Raton, Florida

Court of Appeals for the Eleventh Circuit | Filed: Jul 20, 2022 | Docket: 63655670

Published

safety, or the safety of oth- ers[.]” Fla. Stat. § 790.338(2). Wollschlaeger, 848 F.3d at 1302–03, 1305

Robert W. Otto v. City of Boca Raton, Florida

Court of Appeals for the Eleventh Circuit | Filed: Nov 20, 2020 | Docket: 18652427

Published

Wollschlaeger, 848 F.3d at 1303 (quoting Fla. Stat. § 790.338(2) (2011)). If adorable videos of puppies are

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 16, 2017 | Docket: 4587031

Published

several things. First, the Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

814 F.3d 1159, 2015 U.S. App. LEXIS 21573, 2015 WL 8639875

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2015 | Docket: 3020788

Published

the Act into law. The Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

760 F.3d 1195, 2014 WL 3695296, 2014 U.S. App. LEXIS 14192

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 2014 | Docket: 356564

Published

the Act into law. The Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;

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