Bill Text: FL S0530 | 2018 | Regular Session | Introduced


Bill Title: Risk Protection Orders

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Judiciary [S0530 Detail]

Download: Florida-2018-S0530-Introduced.html
       Florida Senate - 2018                                     SB 530
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-00684A-18                                            2018530__
    1                        A bill to be entitled                      
    2         An act relating to risk protection orders; providing
    3         intent; providing a short title; creating s. 790.401,
    4         F.S.; providing definitions; authorizing risk
    5         protection orders to prevent persons who are at high
    6         risk of harming themselves or others from accessing
    7         firearms; providing requirements for petitions for
    8         such orders; providing duties for courts and clerks of
    9         court; prohibiting fees for filing of such petitions;
   10         providing for jurisdiction for such petitions;
   11         requiring hearings on petitions within a specified
   12         period; providing for service; providing grounds that
   13         may be considered in determining whether to grant such
   14         a petition; providing requirements for proceedings;
   15         providing requirements for such orders; providing for
   16         ex parte orders in certain circumstances; providing
   17         for service of orders; providing for termination or
   18         renewal of an order; providing for the surrender and
   19         storage of firearms after issuance of such an order;
   20         requiring law enforcement agencies to develop certain
   21         policies and procedures by a certain date; providing
   22         for return of firearms upon termination of an order;
   23         requiring the reporting of such an order to specified
   24         agencies; requiring the termination of a license to
   25         carry a concealed weapon or firearm that is held by a
   26         person subject to such an order; prohibiting a person
   27         from knowingly filing a petition for such an order
   28         which contains materially false or misleading
   29         statements; providing criminal penalties; prohibiting
   30         violations of such an order; providing criminal
   31         penalties; prohibiting persons convicted of violating
   32         such an order from possessing a firearm for a
   33         specified period; providing construction; providing
   34         that provisions do not create liability for certain
   35         acts or omissions; requiring development and
   36         distribution of certain instructional and
   37         informational material; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. (1)This act is designed to temporarily prevent
   42  individuals who are at high risk of harming themselves or others
   43  from accessing firearms by allowing family, household members,
   44  and law enforcement to obtain a court order when there is
   45  demonstrated evidence that the person poses a significant
   46  danger, including danger as a result of a dangerous mental
   47  health crisis or violent behavior.
   48         (2)The purpose and intent of this act is to reduce gun
   49  deaths and injuries, while respecting constitutional rights, by
   50  providing a court procedure for family, household members, and
   51  law enforcement to obtain an order temporarily restricting a
   52  person’s access to firearms. Court orders are intended to be
   53  limited to situations in which the person poses a significant
   54  danger of harming himself or herself or others by possessing a
   55  firearm, and include standards and safeguards to protect the
   56  rights of respondents and due process of law.
   57         Section 2. This act may be cited as “The Risk Protection
   58  Order Act.”
   59         Section 3. Section 790.401, Florida Statutes, is created to
   60  read:
   61         790.401Risk protection orders.—
   62         (1)DEFINITIONS.—As used in this section, the term:
   63         (a)“Family or household member” has the same meaning as
   64  provided in s. 741.28. The term includes a person who:
   65         1.Has a biological or legal parent-child relationship with
   66  the respondent, including stepparents and stepchildren and
   67  grandparents and grandchildren.
   68         2.Is acting or has acted as the respondent’s legal
   69  guardian.
   70         (b)“Petitioner” means the individual who petitions for an
   71  order under this section.
   72         (c)“Respondent” means the individual who is identified as
   73  the respondent in a petition filed under this section.
   74         (d)“Risk protection order” means an ex parte temporary
   75  order or a final order granted under this section.
   76         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
   77  an action known as a petition for a risk protection order.
   78         (a)A petition for a risk protection order may be filed by
   79  a family or household member of the respondent or a law
   80  enforcement officer or agency.
   81         (b)An action under this section must be filed in the
   82  county where the petitioner resides or the county where the
   83  respondent resides.
   84         (c)A petition must:
   85         1.Allege that the respondent poses a significant danger of
   86  causing personal injury to self or others by having a firearm in
   87  his or her custody or control or by potentially purchasing,
   88  possessing, or receiving a firearm, and be accompanied by an
   89  affidavit made under oath stating the specific statements,
   90  actions, or facts that give rise to a reasonable fear of future
   91  dangerous acts by the respondent.
   92         2.Identify the numbers, types, and locations of any
   93  firearms the petitioner believes to be in the respondent’s
   94  current ownership, possession, custody, or control.
   95         3.Identify whether there is a known existing protection
   96  order governing the respondent under s. 741.30, s. 784.046, or
   97  s. 784.0485 or under any other applicable statute.
   98         4.Identify whether there is a pending lawsuit, complaint,
   99  petition, or other action between the parties to the petition
  100  under the laws of this state.
  101         (d)The clerk of court shall verify the terms of any
  102  existing order governing the parties. The court may not delay
  103  granting relief because of the existence of a pending action
  104  between the parties or the necessity of verifying the terms of
  105  an existing order. A petition for a risk protection order may be
  106  granted whether or not there is a pending action between the
  107  parties.
  108         (e)If the petitioner is a law enforcement officer or
  109  agency, the petitioner shall make a good faith effort to provide
  110  notice to a family or household member of the respondent and to
  111  any known third party who may be at risk of violence. The notice
  112  must state that the petitioner intends to petition the court for
  113  a risk protection order or has already done so, and include
  114  referrals to appropriate resources, including mental health,
  115  domestic violence, and counseling resources. The petitioner must
  116  attest in the petition to having provided such notice, or attest
  117  to the steps that will be taken to provide such notice.
  118         (f)If the petition states that disclosure of the
  119  petitioner’s address would risk harm to the petitioner or any
  120  member of the petitioner’s family or household, the petitioner’s
  121  address may be omitted from all documents filed with the court.
  122  If the petitioner has not disclosed an address under this
  123  subsection, the petitioner must designate an alternative address
  124  at which the respondent may serve notice of any motions. If the
  125  petitioner is a law enforcement officer or agency, the address
  126  of record must be that of the law enforcement agency.
  127         (g)Within 90 days of receipt of the master copy from the
  128  Office of the State Courts Administrator, all clerks of court
  129  shall make available the standardized forms, instructions, and
  130  informational brochures required by subsection (14).
  131         (h)Fees for filing or service of process may not be
  132  charged by a court or any public agency to petitioners seeking
  133  relief under this section. Petitioners shall be provided the
  134  necessary number of certified copies, forms, and instructional
  135  brochures free of charge.
  136         (i)A person is not required to post a bond to obtain
  137  relief in any proceeding under this section.
  138         (j)The circuit courts of this state have jurisdiction over
  139  proceedings under this section.
  140         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  141         (a)Upon receipt of the petition, the court shall order a
  142  hearing to be held not later than 14 days after the date of the
  143  order and issue a notice of hearing to the respondent for the
  144  same.
  145         1.The court may schedule a hearing by telephone pursuant
  146  to local court rule, to reasonably accommodate a disability, or
  147  in exceptional circumstances to protect a petitioner from
  148  potential harm. The court shall require assurances of the
  149  petitioner’s identity before conducting a telephonic hearing.
  150         2.The court clerk shall cause a copy of the notice of
  151  hearing and petition to be forwarded on or before the next
  152  business day to the appropriate law enforcement agency for
  153  service upon the respondent.
  154         3.Personal service of the notice of hearing and petition
  155  shall be made upon the respondent by a law enforcement officer
  156  not less than 5 business days before the hearing. Service under
  157  this section takes precedence over the service of other
  158  documents, unless the other documents are of a similar emergency
  159  nature. If timely personal service cannot be made, the court
  160  shall set a new hearing date and shall either require additional
  161  attempts at obtaining personal service or permit service by
  162  publication or mail as provided in subsection (6). The court may
  163  not require more than two attempts at obtaining personal service
  164  and shall permit service by publication or mail after two
  165  attempts at obtaining personal service unless the petitioner
  166  requests additional time to attempt personal service. If the
  167  court issues an order permitting service by publication or mail,
  168  the court shall set the hearing date not later than 24 days
  169  after the date the order is issued.
  170         4.The court may, as provided in subsection (4), issue an
  171  ex parte risk protection order pending the hearing ordered under
  172  this subsection. Such ex parte order must be served concurrently
  173  with the notice of hearing and petition.
  174         (b)Upon hearing the matter, if the court finds by a
  175  preponderance of the evidence that the respondent poses a
  176  significant danger of causing personal injury to self or others
  177  by having in his or her custody or control, purchasing,
  178  possessing, or receiving a firearm, the court shall issue a risk
  179  protection order for a period that it deems appropriate, up to
  180  and including, but not exceeding, 12 months.
  181         (c)In determining whether grounds for a risk protection
  182  order exist, the court may consider any relevant evidence,
  183  including, but not limited to, any of the following:
  184         1.A recent act or threat of violence by the respondent
  185  against self or others, whether or not such violence or threat
  186  of violence involves a firearm.
  187         2.An act or threat of violence by the respondent within
  188  the past 12 months, including, but not limited to, acts or
  189  threats of violence by the respondent against self or others.
  190         3.A recurring mental health issue of the respondent.
  191         4.A violation by the respondent of a protection order or a
  192  no contact order issued under s. 741.30, s. 784.046, or s.
  193  784.0485.
  194         5.A previous or existing risk protection order issued
  195  against the respondent.
  196         6.A violation of a previous or existing risk protection
  197  order issued against the respondent.
  198         7.A conviction of the respondent for a crime that
  199  constitutes domestic violence as defined in s. 741.28.
  200         8.The respondent’s ownership, access to, or intent to
  201  possess firearms.
  202         9.The unlawful or reckless use, display, or brandishing of
  203  a firearm by the respondent.
  204         10.The recurring use of, or threat to use, physical force
  205  by the respondent against another person, or the respondent
  206  stalking another person.
  207         11.An arrest, a plea of guilty or no contest, or a
  208  conviction of the respondent for a violent misdemeanor or felony
  209  offense.
  210         12.Corroborated evidence of the abuse of controlled
  211  substances or alcohol by the respondent.
  212         13.Evidence of recent acquisition of firearms by the
  213  respondent.
  214         (d)The court may:
  215         1.Examine under oath the petitioner, the respondent, and
  216  any witnesses they may produce, or, in lieu of examination,
  217  consider sworn affidavits of the petitioner, the respondent, and
  218  any witnesses they may produce.
  219         2.Ensure that a reasonable search has been conducted for
  220  criminal history records related to the respondent.
  221         (e)In a hearing under this section, the rules of evidence
  222  apply to the same extent as in a domestic violence injunction
  223  proceeding under s. 741.30.
  224         (f)During the hearing, the court shall consider whether a
  225  mental health evaluation or chemical dependency evaluation is
  226  appropriate, and may order such evaluation if appropriate.
  227         (g)A risk protection order must include all of the
  228  following:
  229         1.A statement of the grounds supporting the issuance of
  230  the order.
  231         2.The date and time the order was issued.
  232         3.The date and time the order expires.
  233         4.Whether a mental health evaluation or chemical
  234  dependency evaluation of the respondent is required.
  235         5.The address of the court in which any responsive
  236  pleading should be filed.
  237         6.Instructions for relinquishment of firearms under
  238  subsection (8).
  239         7.The following statement:
  240  
  241  “To the subject of this protection order: This order will last
  242  until the date and time noted above. If you have not done so
  243  already, you must surrender immediately to the (insert name of
  244  local law enforcement agency) all firearms in your custody,
  245  control, or possession and any license to carry a concealed
  246  weapon or firearm issued to you under s. 790.06, Florida
  247  Statutes. You may not have in your custody or control, or
  248  purchase, possess, receive, or attempt to purchase or receive, a
  249  firearm while this order is in effect. You have the right to
  250  request one hearing to terminate this order, starting after the
  251  date of the issuance of this order and another hearing after
  252  ever renewal of the order, if any. You may seek the advice of an
  253  attorney as to any matter connected with this order.”
  254  
  255         (h)When the court issues a risk protection order, the
  256  court shall inform the respondent that he or she is entitled to
  257  request termination of the order in the manner prescribed by
  258  subsection (7). The court shall provide the respondent with a
  259  form to request a termination hearing.
  260         (i)If the court denies the petitioner’s request for a risk
  261  protection order, the court shall state the particular reasons
  262  for the court’s denial.
  263         (4)EX PARTE RISK PROTECTION ORDERS.—
  264         (a) A petitioner may request that an ex parte risk
  265  protection order be issued before a hearing for a risk
  266  protection order, without notice to the respondent, by including
  267  in the petition detailed allegations based on personal knowledge
  268  that the respondent poses a significant danger of causing
  269  personal injury to self or others in the near future by having
  270  in his or her custody or control, purchasing, possessing, or
  271  receiving a firearm.
  272         (b)In considering whether to issue an ex parte risk
  273  protection order under this section, the court shall consider
  274  all relevant evidence, including the evidence described in
  275  paragraph (3)(c).
  276         (c)If a court finds there is reasonable cause to believe
  277  that the respondent poses a significant danger of causing
  278  personal injury to self or others in the near future by having
  279  in his or her custody or control, purchasing, possessing, or
  280  receiving a firearm, the court shall issue an ex parte risk
  281  protection order.
  282         (d)The court shall hold an ex parte risk protection order
  283  hearing in person or by telephone on the day the petition is
  284  filed or on the business day immediately following the day the
  285  petition is filed.
  286         (e)In accordance with paragraph (3)(a), the court shall
  287  schedule a hearing within 14 days of the issuance of an ex parte
  288  risk protection order to determine if a risk protection order
  289  should be issued under this section.
  290         (f)An ex parte risk protection order must include all of
  291  the following:
  292         1.A statement of the grounds asserted for the order.
  293         2.The date and time the order was issued.
  294         3.The date and time the order expires.
  295         4.The address of the court in which any responsive
  296  pleading should be filed.
  297         5.The date and time of the scheduled hearing.
  298         6.A description of the requirements for surrender of
  299  firearms under subsection (8).
  300         7.The following statement:
  301  
  302  “To the subject of this protection order: This order is valid
  303  until the date and time noted above. You are required to
  304  surrender all firearms in your custody, control, or possession.
  305  You may not have in your custody or control, purchase, possess,
  306  receive, or attempt to purchase or receive, a firearm while this
  307  order is in effect. You must surrender immediately to the
  308  (insert name of local law enforcement agency) all firearms in
  309  your custody, control, or possession and any license to carry a
  310  concealed weapon or firearm issued to you under s. 790.06,
  311  Florida Statutes. A hearing will be held on the date and at the
  312  time noted above to determine if a risk protection order should
  313  be issued. Failure to appear at that hearing may result in a
  314  court ruling on an order against you that is valid for 1 year.
  315  You may seek the advice of an attorney as to any matter
  316  connected with this order.”
  317  
  318         (g)An ex parte risk protection order issued expires upon
  319  the hearing on the risk protection order.
  320         (h)An ex parte risk protection order shall be served by a
  321  law enforcement officer in the same manner as provided for in
  322  subsection (3) for service of the notice of hearing and petition
  323  and shall be served concurrently with the notice of hearing and
  324  petition.
  325         (i)If the court denies the petitioner’s request for an ex
  326  parte risk protection order, the court shall state the
  327  particular reasons for the court’s denial.
  328         (5)SERVICE OF RISK PROTECTION ORDERS.—
  329         (a)A risk protection order issued under subsection (3)
  330  must be personally served upon the respondent, except as
  331  otherwise provided in this section.
  332         (b) The law enforcement agency with jurisdiction in the
  333  area in which the respondent resides shall serve the respondent
  334  personally, unless the petitioner elects to have the respondent
  335  served by a private party.
  336         (c)If service by a law enforcement agency is to be used,
  337  the clerk of the court shall cause a copy of the order issued
  338  under this section to be forwarded on or before the next
  339  business day to the law enforcement agency specified in the
  340  order for service upon the respondent. Service of an order
  341  issued under this section takes precedence over the service of
  342  other documents, unless the other documents are of a similar
  343  emergency nature.
  344         (d) If the law enforcement agency cannot complete service
  345  upon the respondent within 10 days, the law enforcement agency
  346  shall notify the petitioner. The petitioner shall provide
  347  information sufficient to permit such notification.
  348         (e)If an order entered by the court recites that the
  349  respondent appeared in person before the court, the necessity
  350  for further service is waived and proof of service of that order
  351  is not necessary.
  352         (f)If the court previously entered an order allowing
  353  service of the notice of hearing and petition, or an ex parte
  354  risk protection order, by publication or mail under subsection
  355  (6), or if the court finds there are now grounds to allow such
  356  alternate service, the court may permit service by publication
  357  or mail of the risk protection order issued under this section
  358  as provided in subsection (6). The court order must state
  359  whether the court permitted service by publication or service by
  360  mail.
  361         (g) Returns of service under this section must be made in
  362  accordance with the applicable court rules.
  363         (6)SERVICE BY PUBLICATION OR MAIL.—
  364         (a)The court may order service by publication or service
  365  by mail under the circumstances permitted for such service in s.
  366  741.30, s. 784.046, or s. 784.0485, except any summons must be
  367  essentially in the following form:
  368  
  369  In the . . . . . . . . . Court of the State of Florida for the
  370  County of . . . . . . . . .
  371  . . . . . . . . . . . . . . ., Petitioner
  372  vs. No. . . . . . .
  373  . . . . . . . . . . . . . . ., Respondent
  374  The State of Florida to . . . . . . . . . (respondent):
  375  You are hereby summoned to appear on the . . . . day of . . . .
  376  . ., (year) . . . ., at . . . . a.m./p.m., and respond to the
  377  petition. If you fail to respond, a risk protection order may be
  378  issued against you pursuant to the Risk Protection Order Act, s.
  379  790.401, Florida Statutes, for 1 year after the date you are
  380  required to appear. (An ex parte risk protection order has been
  381  issued against you, restraining you from having in your custody
  382  or control, purchasing, possessing, or receiving any firearms.
  383  You must surrender to the (insert name of local law enforcement
  384  agency) all firearms in your custody, control, or possession and
  385  any license to carry a concealed weapon or firearm issued to you
  386  under s. 790.06, Florida Statutes, within 48 hours. A copy of
  387  the notice of hearing, petition, and ex parte risk protection
  388  order has been filed with the clerk of this court.) (A copy of
  389  the notice of hearing and petition has been filed with the clerk
  390  of this court.)
  391  . . . . .
  392  Petitioner
  393  
  394         (b)If the court orders service by publication or mail for
  395  notice of a risk protection order hearing, it shall also reissue
  396  the ex parte risk protection order, if issued, to expire on the
  397  date of the risk protection order hearing.
  398         (c)Following completion of service by publication or by
  399  mail for notice of a risk protection order hearing, if the
  400  respondent fails to appear at the hearing, the court may issue a
  401  risk protection order as provided in subsection (3).
  402         (7)TERMINATION AND RENEWAL OF ORDERS.—
  403         (a)The respondent may submit one written request for a
  404  hearing to terminate a risk protection order issued under this
  405  section, starting after the date of the issuance of the order
  406  and another hearing after ever renewal of the order, if any.
  407         1.Upon receipt of the request for a hearing to terminate a
  408  risk protection order, the court shall set a date for a hearing.
  409  Notice of the request must be served on the petitioner in
  410  accordance with chapter 48. The hearing shall occur no sooner
  411  than 14 days and no later than 30 days after the date of service
  412  of the request upon the petitioner.
  413         2.The respondent shall have the burden of proving by a
  414  preponderance of the evidence that the respondent does not pose
  415  a significant danger of causing personal injury to self or
  416  others by having in his or her custody or control, purchasing,
  417  possessing, or receiving a firearm. The court may consider any
  418  relevant evidence, including evidence of the considerations
  419  listed in paragraph (3)(c).
  420         3.If the court finds after the hearing that the respondent
  421  has met his or her burden, the court shall terminate the order.
  422         (b)The court must notify the petitioner of the impending
  423  expiration of a risk protection order. Notice must be received
  424  by the petitioner 105 calendar days before the date the order
  425  expires.
  426         (c)A family or household member of a respondent or a law
  427  enforcement officer or agency may by motion request a renewal of
  428  a risk protection order at any time within 105 calendar days
  429  before the expiration of the order.
  430         1.Upon receipt of the motion to renew, the court shall
  431  order that a hearing be held not later than 14 days after the
  432  date the order is issued.
  433         a.The court may schedule a hearing by telephone in the
  434  manner prescribed by subparagraph (3)(a)1.
  435         b.The respondent shall be personally served in the same
  436  manner prescribed by subparagraphs(3)(a)2. and 3.
  437         2.In determining whether to renew a risk protection order
  438  issued under this section, the court shall consider all relevant
  439  evidence presented by the petitioner and follow the same
  440  procedure as provided in subsection (3).
  441         3.If the court finds by a preponderance of the evidence
  442  that the requirements for issuance of a risk protection order as
  443  provided in subsection (3) continue to be met, the court shall
  444  renew the order. However, if, after notice, the motion for
  445  renewal is uncontested and the petitioner seeks no modification
  446  of the order, the order may be renewed on the basis of the
  447  petitioner’s motion or affidavit stating that there has been no
  448  material change in relevant circumstances since entry of the
  449  order and stating the reason for the requested renewal.
  450         4.The renewal of a risk protection order has a duration of
  451  1 year, subject to termination as provided in paragraph (a) or
  452  further renewal by order of the court.
  453         (8)SURRENDER OF FIREARMS.—
  454         (a)Upon issuance of any risk protection order under this
  455  section, including an ex parte risk protection order, the court
  456  shall order the respondent to surrender to the local law
  457  enforcement agency all firearms in the respondent’s custody,
  458  control, or possession and any license to carry a concealed
  459  weapon or firearm issued under s. 790.06.
  460         (b)The law enforcement officer serving any risk protection
  461  order under this section, including an ex parte risk protection
  462  order, shall request that the respondent immediately surrender
  463  all firearms in his or her custody, control, or possession and
  464  any license to carry a concealed weapon or firearm issued under
  465  s. 790.06, and conduct any search permitted by law for such
  466  firearms. The law enforcement officer shall take possession of
  467  all firearms belonging to the respondent that are surrendered,
  468  in plain sight, or discovered pursuant to a lawful search.
  469  Alternatively, if personal service by a law enforcement officer
  470  is not possible, or not required because the respondent was
  471  present at the risk protection order hearing, the respondent
  472  shall surrender the firearms in a safe manner to the control of
  473  the local law enforcement agency within 48 hours of being served
  474  with the order by alternate service or within 48 hours of the
  475  hearing at which the respondent was present.
  476         (c)At the time of surrender, a law enforcement officer
  477  taking possession of a firearm or license to carry a concealed
  478  weapon or firearm shall issue a receipt identifying all firearms
  479  that have been surrendered and provide a copy of the receipt to
  480  the respondent. Within 72 hours after service of the order, the
  481  law enforcement officer serving the order shall file the
  482  original receipt with the court and shall ensure that his or her
  483  law enforcement agency retains a copy of the receipt.
  484         (d)Upon the sworn statement or testimony of the petitioner
  485  or of any law enforcement officer alleging that the respondent
  486  has failed to comply with the surrender of firearms as required
  487  by an order issued under this section, the court shall determine
  488  whether probable cause exists to believe that the respondent has
  489  failed to surrender all firearms in his or her possession,
  490  custody, or control. If probable cause exists, the court shall
  491  issue a warrant describing the firearms and authorizing a search
  492  of the locations where the firearms are reasonably believed to
  493  be and the seizure of any firearms discovered pursuant to such
  494  search.
  495         (e)If a person other than the respondent claims title to
  496  any firearms surrendered pursuant to this section, and he or she
  497  is determined by the law enforcement agency to be the lawful
  498  owner of the firearm, the firearm shall be returned to him or
  499  her, provided that:
  500         1.The firearm is removed from the respondent’s custody,
  501  control, or possession and the lawful owner agrees to store the
  502  firearm in a manner such that the respondent does not have
  503  access to or control of the firearm.
  504         2.The firearm is not otherwise unlawfully possessed by the
  505  owner.
  506         (f)Upon the issuance of a risk protection order, the court
  507  shall order a new hearing date and require the respondent to
  508  appear not later than 3 business days from the issuance of the
  509  order. The court shall require a showing that the person subject
  510  to the order has surrendered any firearms in his or her custody,
  511  control, or possession. The court may dismiss the hearing upon a
  512  satisfactory showing that the respondent is in compliance with
  513  the order.
  514         (g)All law enforcement agencies must develop policies and
  515  procedures by June 1, 2019, regarding the acceptance, storage,
  516  and return of firearms required to be surrendered under this
  517  section.
  518         (9)RETURN AND DISPOSAL OF FIREARMS.—
  519         (a)If a risk protection order is terminated or expires
  520  without renewal, a law enforcement agency holding any firearm
  521  that has been surrendered pursuant to this section shall return
  522  any surrendered firearm requested by a respondent only after
  523  confirming, through a background check, that the respondent is
  524  currently eligible to own or possess firearms under federal and
  525  state law and after confirming with the court that the risk
  526  protection order has terminated or has expired without renewal.
  527         (b)A law enforcement agency must, if requested, provide
  528  prior notice of the return of a firearm to a respondent to
  529  family or household members of the respondent.
  530         (c)Any firearm surrendered by a respondent pursuant to
  531  subsection (8) that remains unclaimed by the lawful owner shall
  532  be disposed of in accordance with the law enforcement agency’s
  533  policies and procedures for the disposal of firearms in police
  534  custody.
  535         (10)REPORTING OF ORDERS.—
  536         (a) The clerk of the court shall enter any risk protection
  537  order or ex parte risk protection order issued under this
  538  section into the uniform case reporting system on the same day
  539  such order is issued.
  540         (b)The clerk of the court shall forward a copy of an order
  541  issued under this section the same day such order is issued to
  542  the appropriate law enforcement agency specified in the order.
  543  Upon receipt of the copy of the order, the law enforcement
  544  agency shall enter the order into the National Instant Criminal
  545  Background Check System, any other federal or state computer
  546  based systems used by law enforcement or others to identify
  547  prohibited purchasers of firearms, and any computer-based
  548  criminal intelligence information system available in this state
  549  used by law enforcement agencies to list outstanding warrants.
  550  The order must remain in each system for the period stated in
  551  the order, and the law enforcement agency shall only expunge
  552  orders from the systems that have expired or terminated. Entry
  553  into the computer-based criminal intelligence information system
  554  constitutes notice to all law enforcement agencies of the
  555  existence of the order. The order is fully enforceable in any
  556  county in the state.
  557         (c)The issuing court shall, within 3 business days after
  558  issuance of a risk protection order or ex parte risk protection
  559  order, forward a copy of the respondent’s driver license or
  560  identification card, or comparable information, along with the
  561  date of order issuance, to the Department of Agriculture and
  562  Consumer Services. Upon receipt of the information, the
  563  department shall determine if the respondent has a license to
  564  carry a concealed weapon or firearm. If the respondent does have
  565  a license to carry a concealed weapon or firearm, the department
  566  shall immediately revoke the license.
  567         (d)If a risk protection order is terminated before its
  568  expiration date, the clerk of the court shall forward the same
  569  day a copy of the termination order to the Department of
  570  Agriculture and Consumer Services and the appropriate law
  571  enforcement agency specified in the termination order. Upon
  572  receipt of the order, the law enforcement agency shall promptly
  573  remove the order from any computer-based system in which it was
  574  entered pursuant to paragraph (b).
  575         (11)PENALTIES.—
  576         (a)Any person who files a petition under this section
  577  knowing the information in such petition to be materially false,
  578  or with the intent to harass the respondent commits a
  579  misdemeanor of the first degree, punishable as provided in s.
  580  775.082 or s. 775.083.
  581         (b)1.aExcept as provided in sub-subparagraph b., a person
  582  who has in his or her custody or control a firearm or purchases,
  583  possesses, or receives a firearm with knowledge that he or she
  584  is prohibited from doing so by an order issued under this
  585  section commits a misdemeanor of the first degree, punishable as
  586  provided in s. 775.082 or s. 775.083.
  587         b.If a person has two or more previous convictions for
  588  violating an order issued under this section, the person commits
  589  a felony of the third degree punishable as provided in s.
  590  775.082, s. 775.083, or s. 775.084.
  591         2.A person who is convicted of an offense under this
  592  paragraph is prohibited from having a firearm in his or her
  593  custody or control or purchasing, possessing, or receiving, or
  594  attempting to purchase or receive a firearm for a period of 5
  595  years after the date the existing order under this section
  596  expires.
  597         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  598  does not affect the ability of a law enforcement officer to
  599  remove a firearm or license to carry a concealed weapon or
  600  firearm from any person or conduct any search and seizure for
  601  firearms pursuant to other lawful authority.
  602         (13)LIABILITY.—Except as provided in subsection (11), this
  603  section does not impose criminal or civil liability on any
  604  person or entity for acts or omissions related to obtaining a
  605  risk protection order or ex parte risk protection order,
  606  including, but not limited to, reporting, declining to report,
  607  investigating, declining to investigate, filing, or declining to
  608  file a petition under this section.
  609         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
  610         (a)The Office of the State Courts Administrator shall
  611  develop and prepare instructions and informational brochures,
  612  standard petitions and risk protection order forms, and a court
  613  staff handbook on the risk protection order process. The
  614  standard petition and order forms must be used after June 1,
  615  2019, for all petitions filed and orders issued under this
  616  section. The instructions, brochures, forms, and handbook shall
  617  be prepared in consultation with interested persons, including
  618  representatives of gun violence prevention groups, judges, and
  619  law enforcement personnel. Materials must be based on best
  620  practices and available electronically online to the public.
  621         1.The instructions must be designed to assist petitioners
  622  in completing the petition, and must include a sample of a
  623  standard petition and order for protection forms.
  624         2.The instructions and standard petition must include a
  625  means for the petitioner to identify, with only layman’s
  626  knowledge, the firearms the respondent may own, possesses,
  627  receive, or have in his or her custody or control. The
  628  instructions must provide pictures of types of firearms that the
  629  petitioner may choose from to identify the relevant firearms, or
  630  an equivalent means to allow petitioners to identify firearms
  631  without requiring specific or technical knowledge regarding the
  632  firearms.
  633         3.The informational brochure must describe the use of and
  634  the process for obtaining, modifying, and terminating a risk
  635  protection order under this section, and provide relevant forms.
  636         4.The risk protection order form must include, in a
  637  conspicuous location, notice of criminal penalties resulting
  638  from violation of the order, and the following statement: “You
  639  have the sole responsibility to avoid or refrain from violating
  640  this order’s provisions. Only the court can change the order and
  641  only upon written application.”
  642         5.The court staff handbook must allow for the addition of
  643  a community resource list by the court clerk.
  644         (b)All court clerks may create a community resource list
  645  of crisis intervention, mental health, substance abuse,
  646  interpreter, counseling, and other relevant resources serving
  647  the county in which the court is located. The court may make the
  648  community resource list available as part of or in addition to
  649  the informational brochures described in paragraph (a).
  650         (c)The Office of the State Courts Administrator shall
  651  distribute a master copy of the petition and order forms,
  652  instructions, and informational brochures to all court clerks.
  653  Distribution of all documents shall, at a minimum, be in an
  654  electronic format or formats accessible to all courts and court
  655  clerks in the state.
  656         (d)The Office of the State Courts Administrator shall
  657  determine the significant non-English-speaking or limited
  658  English-speaking populations in the state. The office shall then
  659  arrange for translation of the instructions and informational
  660  brochures required by this section, which shall contain a sample
  661  of the standard petition and order for protection forms, into
  662  the languages spoken by those significant non-English-speaking
  663  populations or limited English-speaking populations and shall
  664  distribute a master copy of the translated instructions and
  665  informational brochures to all court clerks by December 1, 2018.
  666         (e)The Office of the State Courts Administrator shall
  667  update the instructions, brochures, standard petition and risk
  668  protection order forms, and court staff handbook as necessary,
  669  including when changes in the law make an update necessary.
  670         Section 4. This act shall take effect July 1, 2018.

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