Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì651680(Î651680                         
       
                              LEGISLATIVE ACTION                        
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       Senator Gibson moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 451 - 960
    4  and insert:
    5         (a)“Petitioner” means a law enforcement officer, a law
    6  enforcement agency, or a family or household member that
    7  petitions a court for a risk protection order under this
    8  section. As used in this paragraph, the term “family or
    9  household member” has the same meaning as provided in s. 741.28
   10  and includes a person who:
   11         1. Has a biological or legal parent-child relationship with
   12  the respondent, including stepparents and stepchildren and
   13  grandparents and grandchildren; and
   14         2. Is acting or has acted as the respondent’s legal
   15  guardian.
   16         (b)“Respondent” means the individual who is identified as
   17  the respondent in a petition filed under this section.
   18         (c)“Risk protection order” means a temporary ex parte
   19  order or a final order granted under this section.
   20         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
   21  an action known as a petition for a risk protection order.
   22         (a)A petition for a risk protection order may be filed by
   23  a law enforcement officer, a law enforcement agency, or a family
   24  or household member.
   25         (b)An action under this section must be filed in the
   26  county where the petitioner is located or the county where the
   27  respondent resides.
   28         (c) Such petition for a risk protection order does not
   29  require either party to be represented by an attorney.
   30         (d) Notwithstanding any other law, attorney fees may not be
   31  awarded in any proceeding under this section.
   32         (e)A petition must:
   33         1.Allege that the respondent poses a significant danger of
   34  causing personal injury to himself or herself or others by
   35  having a firearm or any ammunition in his or her custody or
   36  control or by purchasing, possessing, or receiving a firearm or
   37  any ammunition, and must be accompanied by an affidavit made
   38  under oath stating the specific statements, actions, or facts
   39  that give rise to a reasonable fear of significant dangerous
   40  acts by the respondent;
   41         2.Identify the quantities, types, and locations of all
   42  firearms and ammunition the petitioner believes to be in the
   43  respondent’s current ownership, possession, custody, or control;
   44  and
   45         3.Identify whether there is a known existing protection
   46  order governing the respondent under s. 741.30, s. 784.046, or
   47  s. 784.0485 or under any other applicable statute.
   48         (f)If the petitioner is a law enforcement officer or a law
   49  enforcement agency, the petitioner must make a good faith effort
   50  to provide notice to a family or household member of the
   51  respondent and to any known third party who may be at risk of
   52  violence. The notice must state that the petitioner intends to
   53  petition the court for a risk protection order or has already
   54  done so and must include referrals to appropriate resources,
   55  including mental health, domestic violence, and counseling
   56  resources. The petitioner must attest in the petition to having
   57  provided such notice or must attest to the steps that will be
   58  taken to provide such notice.
   59         (g)If the petitioner is a law enforcement officer or a law
   60  enforcement agency, the petitioner must list the address of
   61  record on the petition as being where the appropriate law
   62  enforcement agency is located. If the petitioner is a family or
   63  household member, the petitioner must list the address of his or
   64  her residential address unless he or she has a reasonable fear
   65  that including his or her residential address might result in
   66  harm to himself or herself or to a person living at that
   67  address, and if so, the petitioner may list a post office box
   68  address.
   69         (h)A court or a public agency may not charge fees for
   70  filing or for service of process to a petitioner seeking relief
   71  under this section and must provide the necessary number of
   72  certified copies, forms, and instructional brochures free of
   73  charge.
   74         (i)A person is not required to post a bond to obtain
   75  relief in any proceeding under this section.
   76         (j)The circuit courts of this state have jurisdiction over
   77  proceedings under this section.
   78         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
   79         (a)Upon receipt of a petition, the court must order a
   80  hearing to be held no later than 14 days after the date of the
   81  order and must issue a notice of hearing to the respondent for
   82  the same.
   83         1.The clerk of the court shall cause a copy of the notice
   84  of hearing and petition to be forwarded on or before the next
   85  business day to the appropriate law enforcement agency for
   86  service upon the respondent as provided in subsection (5).
   87         2.The court may, as provided in subsection (4), issue a
   88  temporary ex parte risk protection order pending the hearing
   89  ordered under this subsection. Such temporary ex parte order
   90  must be served concurrently with the notice of hearing and
   91  petition as provided in subsection (5).
   92         3.The court may conduct a hearing by telephone pursuant to
   93  a local court rule to reasonably accommodate a disability or
   94  exceptional circumstances. The court must receive assurances of
   95  the petitioner’s identity before conducting a telephonic
   96  hearing.
   97         (b)Upon notice and a hearing on the matter, if the court
   98  finds by clear and convincing evidence that the respondent poses
   99  a significant danger of causing personal injury to himself or
  100  herself or others by having in his or her custody or control, or
  101  by purchasing, possessing, or receiving, a firearm or any
  102  ammunition, the court must issue a risk protection order for a
  103  period that it deems appropriate, up to and including but not
  104  exceeding 12 months.
  105         (c)In determining whether grounds for a risk protection
  106  order exist, the court may consider any relevant evidence,
  107  including, but not limited to, any of the following:
  108         1.A recent act or threat of violence by the respondent
  109  against himself or herself or others, whether or not such
  110  violence or threat of violence involves a firearm.
  111         2.An act or threat of violence by the respondent within
  112  the past 12 months, including, but not limited to, acts or
  113  threats of violence by the respondent against himself or herself
  114  or others.
  115         3.Evidence of the respondent being seriously mentally ill
  116  or having recurring mental health issues.
  117         4.A violation by the respondent of a risk protection order
  118  or a no contact order issued under s. 741.30, s. 784.046, or s.
  119  784.0485.
  120         5.A previous or existing risk protection order issued
  121  against the respondent.
  122         6.A violation of a previous or existing risk protection
  123  order issued against the respondent.
  124         7.Whether the respondent, in this state or any other
  125  state, has been convicted of, had adjudication withheld on, or
  126  pled nolo contendere to a crime that constitutes domestic
  127  violence as defined in s. 741.28.
  128         8.The respondent’s ownership of, access to, or intent to
  129  possess firearms or ammunition.
  130         9.The unlawful or reckless use, display, or brandishing of
  131  a firearm by the respondent.
  132         10.The recurring use of, or threat to use, physical force
  133  by the respondent against another person or the respondent
  134  stalking another person.
  135         11.Whether the respondent, in this state or any other
  136  state, has been arrested for, convicted of, had adjudication
  137  withheld on, or pled nolo contendere to a crime involving
  138  violence or a threat of violence.
  139         12.Corroborated evidence of the abuse of controlled
  140  substances or alcohol by the respondent.
  141         13.Evidence of recent acquisition of firearms or
  142  ammunition by the respondent.
  143         14. Any relevant information from family and household
  144  members concerning the respondent.
  145         (d)A person, including an officer of the court, who offers
  146  evidence or recommendations relating to the cause of action
  147  either must present the evidence or recommendations in writing
  148  to the court with copies to each party and his or her attorney,
  149  if one is retained, or must present the evidence under oath at a
  150  hearing at which all parties are present.
  151         (e)In a hearing under this section, the rules of evidence
  152  apply to the same extent as in a domestic violence injunction
  153  proceeding under s. 741.30.
  154         (f)During the hearing, the court must consider whether a
  155  mental health evaluation or chemical dependency evaluation is
  156  appropriate and, if such determination is made, may order such
  157  evaluations, if appropriate.
  158         (g)A risk protection order must include all of the
  159  following:
  160         1.A statement of the grounds supporting the issuance of
  161  the order;
  162         2.The date the order was issued;
  163         3.The date the order ends;
  164         4.Whether a mental health evaluation or chemical
  165  dependency evaluation of the respondent is required;
  166         5.The address of the court in which any responsive
  167  pleading should be filed;
  168         6.A description of the requirements for the surrender of
  169  firearms and ammunition under subsection (7); and
  170         7.The following statement:
  171  
  172  “To the subject of this protection order: This order will last
  173  until the date noted above. If you have not done so already, you
  174  must surrender immediately to the (insert name of local law
  175  enforcement agency) all firearms and ammunition in your custody,
  176  control, or possession and any license to carry a concealed
  177  weapon or firearm issued to you under s. 790.06, Florida
  178  Statutes. You may not have in your custody or control, or
  179  purchase, possess, receive, or attempt to purchase or receive, a
  180  firearm or ammunition while this order is in effect. You have
  181  the right to request one hearing to vacate this order, starting
  182  after the date of the issuance of this order, and to request
  183  another hearing after every extension of the order, if any. You
  184  may seek the advice of an attorney as to any matter connected
  185  with this order.”
  186  
  187         (h)If the court issues a risk protection order, the court
  188  must inform the respondent that he or she is entitled to request
  189  a hearing to vacate the order in the manner provided by
  190  subsection (6). The court shall provide the respondent with a
  191  form to request a hearing to vacate.
  192         (i)If the court denies the petitioner’s request for a risk
  193  protection order, the court must state the particular reasons
  194  for the denial.
  195         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  196         (a) A petitioner may request that a temporary ex parte risk
  197  protection order be issued before a hearing for a risk
  198  protection order, without notice to the respondent, by including
  199  in the petition detailed allegations based on personal knowledge
  200  that the respondent poses a significant danger of causing
  201  personal injury to himself or herself or others in the near
  202  future by having in his or her custody or control, or by
  203  purchasing, possessing, or receiving, a firearm or ammunition.
  204         (b)In considering whether to issue a temporary ex parte
  205  risk protection order under this section, the court shall
  206  consider all relevant evidence, including the evidence described
  207  in paragraph (3)(c).
  208         (c)If a court finds there is reasonable cause to believe
  209  that the respondent poses a significant danger of causing
  210  personal injury to himself or herself or others in the near
  211  future by having in his or her custody or control, or by
  212  purchasing, possessing, or receiving, a firearm or ammunition,
  213  the court must issue a temporary ex parte risk protection order.
  214         (d)The court must hold a temporary ex parte risk
  215  protection order hearing in person or by telephone on the day
  216  the petition is filed or on the business day immediately
  217  following the day the petition is filed.
  218         (e)A temporary ex parte risk protection order must include
  219  all of the following:
  220         1.A statement of the grounds asserted for the order;
  221         2.The date the order was issued;
  222         3.The address of the court in which any responsive
  223  pleading may be filed;
  224         4.The date and time of the scheduled hearing;
  225         5.A description of the requirements for surrender of
  226  firearms and ammunition under subsection (7); and
  227         6.The following statement:
  228  
  229  “To the subject of this protection order: This order is valid
  230  until the date noted above. You are required to surrender all
  231  firearms and ammunition in your custody, control, or possession.
  232  You may not have in your custody or control, or purchase,
  233  possess, receive, or attempt to purchase or receive, a firearm
  234  or ammunition while this order is in effect. You must surrender
  235  immediately to the (insert name of local law enforcement agency)
  236  all firearms and ammunition in your custody, control, or
  237  possession and any license to carry a concealed weapon or
  238  firearm issued to you under s. 790.06, Florida Statutes. A
  239  hearing will be held on the date and at the time noted above to
  240  determine if a risk protection order should be issued. Failure
  241  to appear at that hearing may result in a court issuing an order
  242  against you which is valid for 1 year. You may seek the advice
  243  of an attorney as to any matter connected with this order.”
  244  
  245         (f)A temporary ex parte risk protection order ends upon
  246  the hearing on the risk protection order.
  247         (g)A temporary ex parte risk protection order must be
  248  served by a law enforcement officer in the same manner as
  249  provided for in subsection (5) for service of the notice of
  250  hearing and petition and must be served concurrently with the
  251  notice of hearing and petition.
  252         (h)If the court denies the petitioner’s request for a
  253  temporary ex parte risk protection order, the court must state
  254  the particular reasons for the denial.
  255         (5) SERVICE.—
  256         (a) The clerk of the court shall furnish a copy of the
  257  notice of hearing, petition, and temporary ex parte risk
  258  protection order or risk protection order, as applicable, to the
  259  sheriff of the county where the respondent resides or can be
  260  found, who shall serve it upon the respondent as soon thereafter
  261  as possible on any day of the week and at any time of the day or
  262  night. When requested by the sheriff, the clerk of the court may
  263  transmit a facsimile copy of a temporary ex parte risk
  264  protection order or a risk protection order that has been
  265  certified by the clerk of the court, and this facsimile copy may
  266  be served in the same manner as a certified copy. Upon receiving
  267  a facsimile copy, the sheriff must verify receipt with the
  268  sender before attempting to serve it upon the respondent. The
  269  clerk of the court shall be responsible for furnishing to the
  270  sheriff information on the respondent’s physical description and
  271  location. Notwithstanding any other provision of law to the
  272  contrary, the chief judge of each circuit, in consultation with
  273  the appropriate sheriff, may authorize a law enforcement agency
  274  within the jurisdiction to effect service. A law enforcement
  275  agency effecting service pursuant to this section shall use
  276  service and verification procedures consistent with those of the
  277  sheriff. Service under this section takes precedence over the
  278  service of other documents, unless the other documents are of a
  279  similar emergency nature.
  280         (b) All orders issued, changed, continued, extended, or
  281  vacated after the original service of documents specified in
  282  paragraph (a) must be certified by the clerk of the court and
  283  delivered to the parties at the time of the entry of the order.
  284  The parties may acknowledge receipt of such order in writing on
  285  the face of the original order. If a party fails or refuses to
  286  acknowledge the receipt of a certified copy of an order, the
  287  clerk shall note on the original order that service was
  288  effected. If delivery at the hearing is not possible, the clerk
  289  shall mail certified copies of the order to the parties at the
  290  last known address of each party. Service by mail is complete
  291  upon mailing. When an order is served pursuant to this
  292  subsection, the clerk shall prepare a written certification to
  293  be placed in the court file specifying the time, date, and
  294  method of service and shall notify the sheriff.
  295         (6)TERMINATION AND EXTENSION OF ORDERS.—
  296         (a)The respondent may submit one written request for a
  297  hearing to vacate a risk protection order issued under this
  298  section, starting after the date of the issuance of the order,
  299  and may request another hearing after every extension of the
  300  order, if any.
  301         1.Upon receipt of the request for a hearing to vacate a
  302  risk protection order, the court shall set a date for a hearing.
  303  Notice of the request must be served on the petitioner in
  304  accordance with subsection (5). The hearing must occur no sooner
  305  than 14 days and no later than 30 days after the date of service
  306  of the request upon the petitioner.
  307         2.The respondent shall have the burden of proving by clear
  308  and convincing evidence that the respondent does not pose a
  309  significant danger of causing personal injury to himself or
  310  herself or others by having in his or her custody or control,
  311  purchasing, possessing, or receiving a firearm or ammunition.
  312  The court may consider any relevant evidence, including evidence
  313  of the considerations listed in paragraph (3)(c).
  314         3.If the court finds after the hearing that the respondent
  315  has met his or her burden of proof, the court must vacate the
  316  order.
  317         4. The law enforcement agency holding any firearm or
  318  ammunition or license to carry a concealed weapon or firearm
  319  that has been surrendered pursuant to this section shall be
  320  notified of the court order to vacate the risk protection order.
  321         (b)The court must notify the petitioner of the impending
  322  end of a risk protection order. Notice must be received by the
  323  petitioner at least 30 days before the date the order ends.
  324         (c)The petitioner may, by motion, request an extension of
  325  a risk protection order at any time within 30 days before the
  326  end of the order.
  327         1.Upon receipt of the motion to extend, the court shall
  328  order that a hearing be held no later than 14 days after the
  329  date the order is issued and shall schedule such hearing.
  330         a.The court may schedule a hearing by telephone in the
  331  manner provided by subparagraph (3)(a)3.
  332         b.The respondent must be personally served in the same
  333  manner provided by subsection (5).
  334         2.In determining whether to extend a risk protection order
  335  issued under this section, the court may consider all relevant
  336  evidence, including evidence of the considerations listed in
  337  paragraph (3)(c).
  338         3.If the court finds by clear and convincing evidence that
  339  the requirements for issuance of a risk protection order as
  340  provided in subsection (3) continue to be met, the court must
  341  extend the order. However, if, after notice, the motion for
  342  extension is uncontested and no modification of the order is
  343  sought, the order may be extended on the basis of a motion or
  344  affidavit stating that there has been no material change in
  345  relevant circumstances since entry of the order and stating the
  346  reason for the requested extension.
  347         4.The court may extend a risk protection order for a
  348  period that it deems appropriate, up to and including but not
  349  exceeding 12 months, subject to an order to vacate as provided
  350  in paragraph (a) or to another extension order by the court.
  351         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
  352         (a)Upon issuance of a risk protection order under this
  353  section, including a temporary ex parte risk protection order,
  354  the court shall order the respondent to surrender to the local
  355  law enforcement agency all firearms and ammunition in the
  356  respondent’s custody, control, or possession except as provided
  357  in subsection (9), and any license to carry a concealed weapon
  358  or firearm issued under s. 790.06.
  359         (b)The law enforcement officer serving a risk protection
  360  order under this section, including a temporary ex parte risk
  361  protection order, shall request that the respondent immediately
  362  surrender all firearms and ammunition in his or her custody,
  363  control, or possession and any license to carry a concealed
  364  weapon or firearm issued under s. 790.06. The law enforcement
  365  officer shall take possession of all firearms and ammunition
  366  belonging to the respondent which are surrendered.
  367  Alternatively, if personal service by a law enforcement officer
  368  is not possible or is not required because the respondent was
  369  present at the risk protection order hearing, the respondent
  370  must surrender any firearms, ammunition, and license to carry a
  371  concealed weapon or firearm in a safe manner to the control of
  372  the local law enforcement agency immediately after being served
  373  with the order by service or immediately after the hearing at
  374  which the respondent was present. Notwithstanding ss. 933.02 and
  375  933.18, a law enforcement officer may seek a search warrant from
  376  a court of competent jurisdiction to conduct a search for
  377  firearms or ammunition if the officer has probable cause to
  378  believe that there are firearms or ammunition in the
  379  respondent’s custody, control, or possession which have not been
  380  surrendered.
  381         (c)At the time of surrender, a law enforcement officer
  382  taking possession of a firearm, any ammunition, or a license to
  383  carry a concealed weapon or firearm shall issue a receipt
  384  identifying all firearms and the quantity and type of ammunition
  385  that have been surrendered and shall provide a copy of the
  386  receipt to the respondent. Within 72 hours after service of the
  387  order, the law enforcement officer serving the order shall file
  388  the original receipt with the court and shall ensure that his or
  389  her law enforcement agency retains a copy of the receipt.
  390         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
  391  statement or testimony of any person alleging that the
  392  respondent has failed to comply with the surrender of firearms
  393  or ammunition as required by an order issued under this section,
  394  the court shall determine whether probable cause exists to
  395  believe that the respondent has failed to surrender all firearms
  396  or ammunition in his or her custody, control, or possession. If
  397  the court finds that probable cause exists, the court must issue
  398  a warrant describing the firearms or ammunition and authorizing
  399  a search of the locations where the firearms or ammunition are
  400  reasonably believed to be found and the seizure of any firearms
  401  or ammunition discovered pursuant to such search.
  402         (e)If a person other than the respondent claims title to
  403  any firearms or ammunition surrendered pursuant to this section
  404  and he or she is determined by the law enforcement agency to be
  405  the lawful owner of the firearm or ammunition, the firearm or
  406  ammunition shall be returned to him or her, if:
  407         1.The lawful owner agrees to store the firearm or
  408  ammunition in a manner such that the respondent does not have
  409  access to or control of the firearm or ammunition.
  410         2.The firearm or ammunition is not otherwise unlawfully
  411  possessed by the owner.
  412         (f)Upon the issuance of a risk protection order, the court
  413  shall order a new hearing date and require the respondent to
  414  appear no later than 3 business days after the issuance of the
  415  order. The court shall require proof that the respondent has
  416  surrendered any firearms or ammunition in his or her custody,
  417  control, or possession. The court may cancel the hearing upon a
  418  satisfactory showing that the respondent is in compliance with
  419  the order.
  420         (g)All law enforcement agencies must develop policies and
  421  procedures by January 1, 2019, regarding the acceptance,
  422  storage, and return of firearms, ammunition, or licenses
  423  required to be surrendered under this section.
  424         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  425         (a)If a risk protection order is vacated or ends without
  426  extension, a law enforcement agency holding a firearm or any
  427  ammunition that has been surrendered or seized pursuant to this
  428  section must return such surrendered firearm or ammunition
  429  requested by a respondent only after confirming through a
  430  background check that the respondent is currently eligible to
  431  own or possess firearms and ammunition under federal and state
  432  law and after confirming with the court that the risk protection
  433  order has been vacated or has ended without extension.
  434         (b) If a risk protection order is vacated or ends without
  435  extension, the Department of Agriculture and Consumer Services,
  436  if it has suspended a license to carry a concealed weapon or
  437  firearm pursuant to this section, must reinstate such license
  438  only after confirming that the respondent is currently eligible
  439  to have a license to carry a concealed weapon or firearm
  440  pursuant to s. 790.06.
  441         (c)A law enforcement agency must provide notice to any
  442  family or household members of the respondent before the return
  443  of any surrendered firearm and ammunition.
  444         (d)Any firearm and ammunition surrendered by a respondent
  445  pursuant to subsection (7) which remains unclaimed by the lawful
  446  owner after an order to vacate the risk protection order shall
  447  be disposed of in accordance with the law enforcement agency’s
  448  policies and procedures for the disposal of firearms in police
  449  custody.
  450         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
  451  elect to transfer all firearms and ammunition that have been
  452  surrendered to or seized by a local law enforcement agency
  453  pursuant to subsection (7) to another person who is willing to
  454  receive the respondent’s firearms and ammunition. The law
  455  enforcement agency may allow such a transfer only if it is
  456  determined that the chosen recipient:
  457         (a) Currently is eligible to own or possess a firearm and
  458  ammunition under federal and state law after confirmation
  459  through a background check;
  460         (b) Attests to storing the firearms and ammunition in a
  461  manner such that the respondent does not have access to or
  462  control of the firearms and ammunition until the risk protection
  463  order against the respondent is vacated or ends without
  464  extension; and
  465         (c) Attests not to transfer the firearms or ammunition back
  466  to the respondent until the risk protection order against the
  467  respondent is vacated or ends without extension.
  468         (10) REPORTING OF ORDERS.—
  469         (a) Within 24 hours after issuance, the clerk of the court
  470  shall enter any risk protection order or temporary ex parte risk
  471  protection order issued under this section into the uniform case
  472  reporting system.
  473         (b)Within 24 hours after issuance, the clerk of the court
  474  shall forward a copy of an order issued under this section to
  475  the appropriate law enforcement agency specified in the order.
  476  Upon receipt of the copy of the order, the law enforcement
  477  agency shall enter the order into the National Instant Criminal
  478  Background Check System, any other federal or state computer
  479  based systems used by law enforcement agencies or others to
  480  identify prohibited purchasers of firearms or ammunition, and
  481  into any computer-based criminal intelligence information system
  482  available in this state used by law enforcement agencies to list
  483  outstanding warrants. The order must remain in each system for
  484  the period stated in the order, and the law enforcement agency
  485  shall only remove orders from the systems that have ended or
  486  been vacated. Entry into the Florida Crime Information Center
  487  and National Crime Information Center constitutes notice to all
  488  law enforcement agencies of the existence of the order. The
  489  order is fully enforceable in any county in this state.
  490         (c)The issuing court shall, within 3 business days after
  491  issuance of a risk protection order or temporary ex parte risk
  492  protection order, forward all available identifying information
  493  concerning the respondent, along with the date of order
  494  issuance, to the Department of Agriculture and Consumer
  495  Services. Upon receipt of the information, the department shall
  496  determine if the respondent has a license to carry a concealed
  497  weapon or firearm. If the respondent does have a license to
  498  carry a concealed weapon or firearm, the department must
  499  immediately suspend the license.
  500         (d)If a risk protection order is vacated before its end
  501  date, the clerk of the court shall, on the day of the order to
  502  vacate, forward a copy of the order to the Department of
  503  Agriculture and Consumer Services and the appropriate law
  504  enforcement agency specified in the order to vacate. Upon
  505  receipt of the order, the law enforcement agency shall promptly
  506  remove the order from any computer-based system in which it was
  507  entered pursuant to paragraph (b).
  508         (11)PENALTIES.—
  509         (a)A person who files a petition under this section
  510  knowing the information in such petition is materially false, or
  511  files with the intent to harass the respondent, commits a
  512  misdemeanor of the first degree, punishable as provided in s.
  513  775.082 or s. 775.083.
  514         (b) A person who has in his or her custody or control a
  515  firearm or any ammunition or who purchases, possesses, or
  516  receives a firearm or any ammunition with knowledge that he or
  517  she is prohibited from doing so by an order issued under this
  518  section commits a felony of the third degree, punishable as
  519  provided in s. 775.082, s. 775.083, or s. 775.084.
  520         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  521  does not affect the ability of a law enforcement officer to
  522  remove a firearm or ammunition or license to carry a concealed
  523  weapon or concealed firearm from any person or to conduct any
  524  search and seizure for firearms or ammunition pursuant to other
  525  lawful authority.
  526         (13)LIABILITY.—Except as provided in subsection (10) or
  527  subsection (11), this section does not impose criminal or civil
  528  liability on any person or entity for acts or omissions related
  529  to obtaining a risk protection order or temporary ex parte risk
  530  protection order, including, but not limited to, providing
  531  notice to the petitioner and any known third party that may be
  532  at risk of