Florida Senate - 2018                   (Proposed Bill) SPB 7022
       
       
        
       FOR CONSIDERATION By the Committee on Rules
       
       
       
       
       
       595-03525-18                                          20187022pb
    1                        A bill to be entitled                      
    2         An act relating to firearm safety; amending s.
    3         394.463, F.S.; authorizing a law enforcement officer
    4         to seize and hold firearms and ammunition if taking
    5         custody of a person who poses a potential danger to
    6         himself or herself or others and who has made a
    7         credible threat against another person; requiring the
    8         law enforcement officer’s agency to hold seized
    9         firearms and ammunition under certain circumstances;
   10         requiring law enforcement agencies to develop certain
   11         policies and procedures; authorizing a law enforcement
   12         officer to petition a court for a risk protection
   13         order under certain circumstances; creating s.
   14         790.064, F.S.; prohibiting a person who has been
   15         adjudicated mentally defective or been committed to a
   16         mental institution from owning or possessing a firearm
   17         until certain relief is obtained; specifying that the
   18         firearm possession and ownership disability runs
   19         concurrently with the firearm purchase disability
   20         under certain provisions; authorizing a person to
   21         petition for relief from the firearm possession and
   22         ownership disability; requiring that petitions for
   23         relief follow certain procedures; authorizing such
   24         person to petition for simultaneous relief; amending
   25         s. 790.065, F.S.; prohibiting a person younger than a
   26         certain age from purchasing a firearm; prohibiting the
   27         sale or transfer, or facilitation of a sale or
   28         transfer, of a firearm to a person younger than a
   29         certain age by a licensed importer, licensed
   30         manufacturer, or licensed dealer; providing criminal
   31         penalties; providing an exception; amending s.
   32         790.0655, F.S.; revising the mandatory waiting period
   33         to the later of either 3 days, excluding weekends and
   34         legal holidays, or upon the completion of certain
   35         records checks, whichever occurs first; prohibiting
   36         the waiting period from being longer than a certain
   37         time; revising and redefining terms; requiring that
   38         records of firearm sales be available for inspection
   39         by any law enforcement agency during normal business
   40         hours; revising applicability of the waiting period;
   41         conforming provisions to changes made by the act;
   42         creating s. 790.34, F.S.; defining the term “bump-fire
   43         stock”; prohibiting the importation, transfer,
   44         distribution, transport, sale, or giving of a bump
   45         fire stock in this state; providing criminal
   46         penalties; providing legislative intent; providing a
   47         short title; creating s. 790.401, F.S.; defining
   48         terms; creating an action known as a petition for a
   49         risk protection order to prevent persons who are at
   50         high risk of harming themselves or others from
   51         accessing firearms or ammunition; providing
   52         requirements for petitions for such orders; providing
   53         duties for courts and clerks of court; prohibiting
   54         fees for the filing of or service of process of such
   55         petitions; providing for jurisdiction for such
   56         petitions; requiring hearings on petitions within a
   57         specified period; providing service requirements;
   58         providing grounds that may be considered in
   59         determining whether to grant such a petition;
   60         providing requirements for proceedings; providing
   61         requirements for risk protection orders; requiring the
   62         court to inform a respondent of his or her right to
   63         request a certain hearing; authorizing temporary ex
   64         parte orders under certain circumstances; providing
   65         requirements for petitions for such ex parte orders;
   66         providing for service of orders; providing for the
   67         termination or extension of an order; providing for
   68         the surrender and storage of firearms and ammunition
   69         after issuance of a risk protection order; requiring
   70         law enforcement agencies to develop certain policies
   71         and procedures by a certain date; providing for return
   72         of firearms and ammunition upon the vacating or end
   73         without the extension of an order under certain
   74         circumstances; authorizing a respondent to elect to
   75         transfer all firearms and ammunition surrendered or
   76         seized by a law enforcement agency to another person
   77         under certain circumstances; requiring an issuing
   78         court to forward specified information concerning a
   79         respondent to the department; requiring the department
   80         to suspend a license to carry a concealed weapon or
   81         firearm which is held by a person subject to such an
   82         order; prohibiting a person from knowingly filing a
   83         petition for such an order which contains materially
   84         false or misleading information; providing criminal
   85         penalties; prohibiting violations of such an order;
   86         providing criminal penalties; providing construction;
   87         providing that the risk protection order provisions do
   88         not create liability for certain acts or omissions;
   89         requiring the Office of the State Courts Administrator
   90         to development and distribute certain instructional
   91         and informational material; reenacting ss. 397.6760(2)
   92         and 790.335(3)(e), F.S., relating to the
   93         confidentiality of court records and exceptions to the
   94         prohibition of registration of firearms, respectively,
   95         to incorporate the amendment made to s. 790.065, F.S.,
   96         in references thereto; providing an effective date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. Paragraphs (c) and (d) of subsection (2) of
  101  section 394.463, Florida Statutes, are amended to read:
  102         394.463 Involuntary examination.—
  103         (2) INVOLUNTARY EXAMINATION.—
  104         (c) A law enforcement officer acting in accordance with an
  105  ex parte order issued pursuant to this subsection may:
  106         1. Serve and execute such order on any day of the week, at
  107  any time of the day or night; and
  108         2. Use such reasonable physical force as is necessary to
  109  gain entry to the premises, and any dwellings, buildings, or
  110  other structures located on the premises, and take custody of
  111  the person who is the subject of the ex parte order.
  112         (d) A law enforcement officer taking custody of a person
  113  under this subsection may seize and hold a firearm or any
  114  ammunition the person possesses at the time of taking him or her
  115  into custody if the person poses a potential danger to himself
  116  or herself or others and has made a credible threat of violence
  117  against another person.
  118         1. If a law enforcement officer seizes a firearm or any
  119  ammunition, the law enforcement officer’s agency must hold the
  120  seized firearm or ammunition for at least a 72-hour period or
  121  until the person goes to the law enforcement agency to retrieve
  122  the seized firearm or ammunition. Law enforcement agencies must
  123  develop policies and procedures relating to the seizure,
  124  storage, and return of such seized firearms or ammunition.
  125         2. If the person has a firearm or any ammunition that was
  126  not seized when he or she was taken into custody, a law
  127  enforcement officer may petition the appropriate court for a
  128  risk protection order against the person pursuant to s. 790.401.
  129  A law enforcement officer acting in accordance with an ex parte
  130  order issued pursuant to this subsection may use such reasonable
  131  physical force as is necessary to gain entry to the premises,
  132  and any dwellings, buildings, or other structures located on the
  133  premises, and to take custody of the person who is the subject
  134  of the ex parte order.
  135         Section 2. Section 790.064, Florida Statutes, is created to
  136  read:
  137         790.064 Firearm possession and firearm ownership
  138  disability.
  139         (1) A person who has been adjudicated mentally defective or
  140  who has been committed to a mental institution as those terms
  141  are defined in s. 790.065(2) may not own a firearm or possess a
  142  firearm until relief from the firearm possession and firearm
  143  ownership disability is obtained.
  144         (2) The firearm possession and firearm ownership disability
  145  runs concurrently with the firearm purchase disability provided
  146  in s. 790.065(2).
  147         (3) A person may petition the court that made the
  148  adjudication or commitment, or that ordered the record be
  149  submitted to the Department of Law Enforcement pursuant to s.
  150  790.065(2), for relief from the firearm possession and firearm
  151  ownership disability.
  152         (4) The person seeking relief must follow the procedures
  153  set forth in s. 790.065(2) for obtaining relief from the firearm
  154  purchase disability in seeking relief from the firearm
  155  possession and firearm ownership disability.
  156         (5) The person may seek relief from the firearm possession
  157  and firearm ownership disability simultaneously with the relief
  158  being sought from the firearm purchase disability, if such
  159  relief is sought, pursuant to the procedure set forth in s.
  160  790.065(2).
  161         Section 3. Present subsection (13) of section 790.065,
  162  Florida Statutes, is redesignated as subsection (14), and a new
  163  subsection (13) is added to that section, to read:
  164         790.065 Sale and delivery of firearms.—
  165         (13) A person younger than 21 years of age may not purchase
  166  a firearm. The sale or transfer of a firearm to a person younger
  167  than 21 years of age may not be made or facilitated by a
  168  licensed importer, licensed manufacturer, or licensed dealer. A
  169  person who violates this subsection commits a felony of the
  170  third degree, punishable as provided in s. 775.082, s. 775.083,
  171  or s. 775.084. The prohibition on the purchase of a firearm by a
  172  person younger than 21 years of age or the sale or transfer by a
  173  licensed importer, licensed manufacturer, or licensed dealer to
  174  a person younger than 21 years of age does not apply to a member
  175  of the military or naval forces of this state or of the United
  176  States or to a law enforcement officer or a correctional
  177  officer, as those terms are defined in s. 943.10.
  178         Section 4. Section 790.0655, Florida Statutes, is amended
  179  to read:
  180         790.0655 Purchase and delivery of firearms handguns;
  181  mandatory waiting period; exceptions; penalties.—
  182         (1)(a) There shall be A mandatory 3-day waiting period is
  183  imposed between the purchase and delivery of a firearm. The
  184  mandatory waiting period is, which shall be 3 days, excluding
  185  weekends and legal holidays, or upon the completion of the
  186  records checks required under s. 790.065, whichever occurs later
  187  between the purchase and the delivery at retail of any handgun.
  188  “Purchase” means the transfer of money or other valuable
  189  consideration to the retailer. “Handgun” means a firearm capable
  190  of being carried and used by one hand, such as a pistol or
  191  revolver. “Retailer” means and includes a licensed importer,
  192  licensed manufacturer, or licensed dealer every person engaged
  193  in the business of making firearm sales at retail or for
  194  distribution, or use, or consumption, or storage to be used or
  195  consumed in this state, as defined in s. 212.02(13).
  196         (b) Records of firearm handgun sales must be available for
  197  inspection by any law enforcement agency, as defined in s.
  198  934.02, during normal business hours.
  199         (2) The 3-day waiting period does shall not apply in the
  200  following circumstances:
  201         (a) When a firearm handgun is being purchased by a holder
  202  of a concealed weapons permit as defined in s. 790.06.
  203         (b) To a trade-in of another firearm handgun.
  204         (c) To a person who completes a 16-hour hunter education or
  205  hunter safety course approved by the Fish and Wildlife
  206  Conservation Commission or similar agency of another state.
  207         (3) It is a felony of the third degree, punishable as
  208  provided in s. 775.082, s. 775.083, or s. 775.084:
  209         (a) For any retailer, or any employee or agent of a
  210  retailer, to deliver a firearm handgun before the expiration of
  211  the 3-day waiting period, subject to the exceptions provided in
  212  subsection (2).
  213         (b) For a purchaser to obtain delivery of a firearm handgun
  214  by fraud, false pretense, or false representation.
  215         Section 5. Section 790.34, Florida Statutes, is created to
  216  read:
  217         790.34 Prohibited device for firearm.—
  218         (1) DEFINITION.—As used in this section, the term “bump
  219  fire stock” means a gun conversion kit, a tool, an accessory, or
  220  a device used to alter the rate of fire of a firearm to mimic
  221  automatic weapon fire or which is used to increase the rate of
  222  fire of a semiautomatic firearm to a faster rate than is
  223  possible for a person to fire such semiautomatic firearm
  224  unassisted by a kit, a tool, an accessory, or a device.
  225         (2)SALE OR TRANSFER.—A person may not import into this
  226  state or, within this state, transfer, distribute, transport,
  227  sell, keep for sale, offer or expose for sale, or give a bump
  228  fire stock to another person. A person who violates this
  229  subsection commits a felony of the third degree, punishable as
  230  provided in s. 775.082, s. 775.083, or s. 775.084.
  231         Section 6. (1)Section 790.401, Florida Statutes, is
  232  intended to temporarily prevent individuals who are at high risk
  233  of harming themselves or others from accessing firearms or
  234  ammunition by allowing law enforcement officers to obtain a
  235  court order when there is demonstrated evidence that a person
  236  poses a significant danger to himself or herself or others,
  237  including significant danger as a result of a mental health
  238  crisis or violent behavior.
  239         (2)The purpose and intent of s. 790.401, Florida Statutes,
  240  is to reduce deaths and injuries as a result of certain
  241  individuals’ use of firearms while respecting constitutional
  242  rights by providing a judicial procedure for law enforcement
  243  officers to obtain a court order temporarily restricting a
  244  person’s access to firearms and ammunition. The process
  245  established by s. 790.401, Florida Statutes, is intended to
  246  apply only to situations in which the person poses a significant
  247  danger of harming himself or herself or others by possessing a
  248  firearm or ammunition and to include standards and safeguards to
  249  protect the rights of respondents and due process of law.
  250         Section 7. Section 790.401, Florida Statutes, may be cited
  251  as “The Risk Protection Order Act.”
  252         Section 8. Section 790.401, Florida Statutes, is created to
  253  read:
  254         790.401 Risk protection orders.—
  255         (1)DEFINITIONS.—As used in this section, the term:
  256         (a)“Petitioner” means a law enforcement officer or a law
  257  enforcement agency who petitions a court for a risk protection
  258  order under this section.
  259         (b)“Respondent” means the individual who is identified as
  260  the respondent in a petition filed under this section.
  261         (c)“Risk protection order” means a temporary ex parte
  262  order or a final order granted under this section.
  263         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
  264  an action known as a petition for a risk protection order.
  265         (a)A petition for a risk protection order may be filed by
  266  a law enforcement officer or law enforcement agency.
  267         (b)An action under this section must be filed in the
  268  county where the petitioner’s law enforcement office is located
  269  or the county where the respondent resides.
  270         (c) Such petition for a risk protection order does not
  271  require either party to be represented by an attorney.
  272         (d) Notwithstanding any other law, attorney fees may not be
  273  awarded in any proceeding under this section.
  274         (e)A petition must:
  275         1.Allege that the respondent poses a significant danger of
  276  causing personal injury to himself or herself or others by
  277  having a firearm or any ammunition in his or her custody or
  278  control or by potentially purchasing, possessing, or receiving a
  279  firearm or any ammunition, and must be accompanied by an
  280  affidavit made under oath stating the specific statements,
  281  actions, or facts that give rise to a reasonable fear of
  282  significant dangerous acts by the respondent;
  283         2.Identify the quantities, types, and locations of all
  284  firearms and ammunition the petitioner believes to be in the
  285  respondent’s current ownership, possession, custody, or control;
  286  and
  287         3.Identify whether there is a known existing protection
  288  order governing the respondent under s. 741.30, s. 784.046, or
  289  s. 784.0485, or under any other applicable statute.
  290         (f)The petitioner must make a good faith effort to provide
  291  notice to a family or household member of the respondent and to
  292  any known third party who may be at risk of violence. The notice
  293  must state that the petitioner intends to petition the court for
  294  a risk protection order or has already done so, and must include
  295  referrals to appropriate resources, including mental health,
  296  domestic violence, and counseling resources. The petitioner must
  297  attest in the petition to having provided such notice or must
  298  attest to the steps that will be taken to provide such notice.
  299         (g)A petitioner must list the address of record on the
  300  petition as being where the appropriate law enforcement agency
  301  is located.
  302         (h)A court or a public agency may not charge fees for
  303  filing or for service of process to a petitioner seeking relief
  304  under this section and must provide the necessary number of
  305  certified copies, forms, and instructional brochures free of
  306  charge.
  307         (i)A person is not required to post a bond to obtain
  308  relief in any proceeding under this section.
  309         (j)The circuit courts of this state have jurisdiction over
  310  proceedings under this section.
  311         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  312         (a)Upon receipt of a petition, the court must order a
  313  hearing to be held no later than 14 days after the date of the
  314  order and must issue a notice of hearing to the respondent for
  315  the same.
  316         1.The clerk of the court shall cause a copy of the notice
  317  of hearing and petition to be forwarded on or before the next
  318  business day to the appropriate law enforcement agency for
  319  service upon the respondent as provided in subsection (5).
  320         2.The court may, as provided in subsection (4), issue a
  321  temporary ex parte risk protection order pending the hearing
  322  ordered under this subsection. Such temporary ex parte order
  323  must be served concurrently with the notice of hearing and
  324  petition as provided in subsection (5).
  325         3.The court may conduct a hearing by telephone pursuant to
  326  a local court rule to reasonably accommodate a disability or
  327  exceptional circumstances. The court must receive assurances of
  328  the petitioner’s identity before conducting a telephonic
  329  hearing.
  330         (b)Upon notice and a hearing on the matter, if the court
  331  finds by clear and convincing evidence that the respondent poses
  332  a significant danger of causing personal injury to himself or
  333  herself or others by having in his or her custody or control, or
  334  by purchasing, possessing, or receiving, a firearm or any
  335  ammunition, the court must issue a risk protection order for a
  336  period that it deems appropriate, up to and including but not
  337  exceeding 12 months.
  338         (c)In determining whether grounds for a risk protection
  339  order exist, the court may consider any relevant evidence,
  340  including, but not limited to, any of the following:
  341         1.A recent act or threat of violence by the respondent
  342  against himself or herself or others, whether or not such
  343  violence or threat of violence involves a firearm.
  344         2.An act or threat of violence by the respondent within
  345  the past 12 months, including, but not limited to, acts or
  346  threats of violence by the respondent against himself or herself
  347  or others.
  348         3.Evidence of the respondent being seriously mentally ill
  349  or having recurring mental health issues.
  350         4.A violation by the respondent of a protection order or a
  351  no contact order issued under s. 741.30, s. 784.046, or s.
  352  784.0485.
  353         5.A previous or existing risk protection order issued
  354  against the respondent.
  355         6.A violation of a previous or existing risk protection
  356  order issued against the respondent.
  357         7.Whether the respondent, in this state or any other
  358  state, has been convicted of, had adjudication withheld on, or
  359  pled nolo contendere to a crime that constitutes domestic
  360  violence as defined in s. 741.28.
  361         8.The respondent’s ownership of, access to, or intent to
  362  possess firearms or ammunition.
  363         9.The unlawful or reckless use, display, or brandishing of
  364  a firearm by the respondent.
  365         10.The recurring use of, or threat to use, physical force
  366  by the respondent against another person, or the respondent
  367  stalking another person.
  368         11.Whether the respondent, in this state or any other
  369  state, has been arrested, convicted of, had adjudication
  370  withheld on, or pled nolo contendere to a crime involving
  371  violence or a threat of violence.
  372         12.Corroborated evidence of the abuse of controlled
  373  substances or alcohol by the respondent.
  374         13.Evidence of recent acquisition of firearms or
  375  ammunition by the respondent.
  376         14. Any relevant information from family and household
  377  members concerning the respondent.
  378         (d)A person, including an officer of the court, who offers
  379  evidence or recommendations relating to the cause of action must
  380  either present the evidence or recommendations in writing to the
  381  court with copies to each party and their attorney, if one is
  382  retained, or must present the evidence under oath at a hearing
  383  at which all parties are present.
  384         (e)In a hearing under this section, the rules of evidence
  385  apply to the same extent as in a domestic violence injunction
  386  proceeding under s. 741.30.
  387         (f)During the hearing, the court must consider whether a
  388  mental health evaluation or chemical dependency evaluation is
  389  appropriate and, if such determination is made, may order such
  390  evaluations, if appropriate.
  391         (g)A risk protection order must include all of the
  392  following:
  393         1.A statement of the grounds supporting the issuance of
  394  the order;
  395         2.The date the order was issued;
  396         3.The date the order ends;
  397         4.Whether a mental health evaluation or chemical
  398  dependency evaluation of the respondent is required;
  399         5.The address of the court in which any responsive
  400  pleading should be filed;
  401         6.A description of the requirements for the surrender of
  402  firearms and ammunition under subsection (7); and
  403         7.The following statement:
  404  
  405  “To the subject of this protection order: This order will last
  406  until the date noted above. If you have not done so already, you
  407  must surrender immediately to the (insert name of local law
  408  enforcement agency) all firearms and ammunition in your custody,
  409  control, or possession and any license to carry a concealed
  410  weapon or firearm issued to you under s. 790.06, Florida
  411  Statutes. You may not have in your custody or control, or
  412  purchase, possess, receive, or attempt to purchase or receive, a
  413  firearm or ammunition while this order is in effect. You have
  414  the right to request one hearing to vacate this order, starting
  415  after the date of the issuance of this order, and to request
  416  another hearing after every extension of the order, if any. You
  417  may seek the advice of an attorney as to any matter connected
  418  with this order.”
  419  
  420         (h)If the court issues a risk protection order, the court
  421  must inform the respondent that he or she is entitled to request
  422  a hearing to vacate the order in the manner provided by
  423  subsection (6). The court shall provide the respondent with a
  424  form to request a hearing to vacate.
  425         (i)If the court denies the petitioner’s request for a risk
  426  protection order, the court must state the particular reasons
  427  for the denial.
  428         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  429         (a) A petitioner may request that a temporary ex parte risk
  430  protection order be issued before a hearing for a risk
  431  protection order, without notice to the respondent, by including
  432  in the petition detailed allegations based on personal knowledge
  433  that the respondent poses a significant danger of causing
  434  personal injury to himself or herself or others in the near
  435  future by having in his or her custody or control, or by
  436  purchasing, possessing, or receiving a firearm or ammunition.
  437         (b)In considering whether to issue a temporary ex parte
  438  risk protection order under this section, the court shall
  439  consider all relevant evidence, including the evidence described
  440  in paragraph (3)(c).
  441         (c)If a court finds there is reasonable cause to believe
  442  that the respondent poses a significant danger of causing
  443  personal injury to himself or herself or others in the near
  444  future by having in his or her custody or control, or by
  445  purchasing, possessing, or receiving a firearm or ammunition,
  446  the court must issue a temporary ex parte risk protection order.
  447         (d)The court must hold a temporary ex parte risk
  448  protection order hearing in person or by telephone on the day
  449  the petition is filed or on the business day immediately
  450  following the day the petition is filed.
  451         (e)A temporary ex parte risk protection order must include
  452  all of the following:
  453         1.A statement of the grounds asserted for the order;
  454         2.The date the order was issued;
  455         3.The address of the court in which any responsive
  456  pleading may be filed;
  457         4.The date and time of the scheduled hearing;
  458         5.A description of the requirements for surrender of
  459  firearms and ammunition under subsection (7); and
  460         6.The following statement:
  461  
  462  “To the subject of this protection order: This order is valid
  463  until the date noted above. You are required to surrender all
  464  firearms and ammunition in your custody, control, or possession.
  465  You may not have in your custody or control, or purchase,
  466  possess, receive, or attempt to purchase or receive, a firearm
  467  or ammunition while this order is in effect. You must surrender
  468  immediately to the (insert name of local law enforcement agency)
  469  all firearms and ammunition in your custody, control, or
  470  possession and any license to carry a concealed weapon or
  471  firearm issued to you under s. 790.06, Florida Statutes. A
  472  hearing will be held on the date and at the time noted above to
  473  determine if a risk protection order should be issued. Failure
  474  to appear at that hearing may result in a court ruling on an
  475  order against you which is valid for 1 year. You may seek the
  476  advice of an attorney as to any matter connected with this
  477  order.”
  478  
  479         (f)A temporary ex parte risk protection order ends upon
  480  the hearing on the risk protection order.
  481         (g)A temporary ex parte risk protection order must be
  482  served by a law enforcement officer in the same manner as
  483  provided for in subsection (5) for service of the notice of
  484  hearing and petition and must be served concurrently with the
  485  notice of hearing and petition.
  486         (h)If the court denies the petitioner’s request for a
  487  temporary ex parte risk protection order, the court must state
  488  the particular reasons for the denial.
  489         (5) SERVICE.—
  490         (a) The clerk of the court shall furnish a copy of the
  491  notice of hearing, petition, and temporary ex parte risk
  492  protection order or risk protection order, as applicable, to the
  493  sheriff of the county where the respondent resides or can be
  494  found, who shall serve it upon the respondent as soon thereafter
  495  as possible on any day of the week and at any time of the day or
  496  night. When requested by the sheriff, the clerk of the court may
  497  transmit a facsimile copy of a temporary ex parte risk
  498  protection order or a risk protection order that has been
  499  certified by the clerk of the court, and this facsimile copy may
  500  be served in the same manner as a certified copy. Upon receiving
  501  a facsimile copy, the sheriff must verify receipt with the
  502  sender before attempting to serve it upon the respondent. The
  503  clerk of the court shall be responsible for furnishing to the
  504  sheriff information on the respondent’s physical description and
  505  location. Notwithstanding any other provision of law to the
  506  contrary, the chief judge of each circuit, in consultation with
  507  the appropriate sheriff, may authorize a law enforcement agency
  508  within the jurisdiction to effect service. A law enforcement
  509  agency effecting service pursuant to this section shall use
  510  service and verification procedures consistent with those of the
  511  sheriff. Service under this section takes precedence over the
  512  service of other documents, unless the other documents are of a
  513  similar emergency nature.
  514         (b) All orders issued, changed, continued, extended, or
  515  vacated after the original service of documents specified in
  516  paragraph (a) must be certified by the clerk of the court and
  517  delivered to the parties at the time of the entry of the order.
  518  The parties may acknowledge receipt of such order in writing on
  519  the face of the original order. In the event a party fails or
  520  refuses to acknowledge the receipt of a certified copy of an
  521  order, the clerk shall note on the original order that service
  522  was effected. If delivery at the hearing is not possible, the
  523  clerk shall mail certified copies of the order to the parties at
  524  the last known address of each party. Service by mail is
  525  complete upon mailing. When an order is served pursuant to this
  526  subsection, the clerk shall prepare a written certification to
  527  be placed in the court file specifying the time, date, and
  528  method of service and shall notify the sheriff.
  529         (6)TERMINATION AND EXTENSION OF ORDERS.—
  530         (a)The respondent may submit one written request for a
  531  hearing to vacate a risk protection order issued under this
  532  section, starting after the date of the issuance of the order,
  533  and may request another hearing after every extension of the
  534  order, if any.
  535         1.Upon receipt of the request for a hearing to vacate a
  536  risk protection order, the court shall set a date for a hearing.
  537  Notice of the request must be served on the petitioner in
  538  accordance with subsection (5). The hearing must occur no sooner
  539  than 14 days and no later than 30 days after the date of service
  540  of the request upon the petitioner.
  541         2.The respondent shall have the burden of proving by clear
  542  and convincing evidence that the respondent does not pose a
  543  significant danger of causing personal injury to himself or
  544  herself or others by having in his or her custody or control,
  545  purchasing, possessing, or receiving a firearm or ammunition.
  546  The court may consider any relevant evidence, including evidence
  547  of the considerations listed in paragraph (3)(c).
  548         3.If the court finds after the hearing that the respondent
  549  has met his or her burden of proof, the court must vacate the
  550  order.
  551         4. The law enforcement agency holding any firearm or
  552  ammunition that has been surrendered pursuant to this section
  553  shall be notified of the court order to vacate the risk
  554  protection order.
  555         (b)The court must notify the petitioner of the impending
  556  end of a risk protection order. Notice must be received by the
  557  petitioner 30 calendar days before the date the order ends.
  558         (c)The petitioner may, by motion, request an extension of
  559  a risk protection order at any time within 30 calendar days
  560  before the end of the order.
  561         1.Upon receipt of the motion to extend, the court shall
  562  order that a hearing be held no later than 14 days after the
  563  date the order is issued and shall schedule such hearing.
  564         a.The court may schedule a hearing by telephone in the
  565  manner provided by subparagraph (3)(a)3.
  566         b.The respondent must be personally served in the same
  567  manner provided by subsection (5).
  568         2.In determining whether to extend a risk protection order
  569  issued under this section, the court may consider all relevant
  570  evidence, including evidence of the considerations listed in
  571  paragraph (3)(c).
  572         3.If the court finds by clear and convincing evidence that
  573  the requirements for issuance of a risk protection order as
  574  provided in subsection (3) continue to be met, the court must
  575  extend the order. However, if, after notice, the motion for
  576  extension is uncontested and no modification of the order is
  577  sought, the order may be extended on the basis of a motion or
  578  affidavit stating that there has been no material change in
  579  relevant circumstances since entry of the order and stating the
  580  reason for the requested extension.
  581         4.The court may extend a risk protection order for a
  582  period that it deems appropriate, up to and including but not
  583  exceeding 12 months, subject to an order to vacate as provided
  584  in paragraph (a) or to another extension order by the court.
  585         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
  586         (a)Upon issuance of a risk protection order under this
  587  section, including a temporary ex parte risk protection order,
  588  the court shall order the respondent to surrender to the local
  589  law enforcement agency all firearms and ammunition in the
  590  respondent’s custody, control, or possession except as provided
  591  in subsection (9), and any license to carry a concealed weapon
  592  or firearm issued under s. 790.06.
  593         (b)The law enforcement officer serving a risk protection
  594  order under this section, including a temporary ex parte risk
  595  protection order, shall request that the respondent immediately
  596  surrender all firearms and ammunition in his or her custody,
  597  control, or possession and any license to carry a concealed
  598  weapon or firearm issued under s. 790.06, and shall conduct a
  599  search authorized by law for such firearms and ammunition. The
  600  law enforcement officer shall take possession of all firearms
  601  and ammunition belonging to the respondent which are
  602  surrendered, in plain sight, or discovered pursuant to a lawful
  603  search. Alternatively, if personal service by a law enforcement
  604  officer is not possible or is not required because the
  605  respondent was present at the risk protection order hearing, the
  606  respondent shall surrender the firearms and ammunition in a safe
  607  manner to the control of the local law enforcement agency
  608  immediately after being served with the order by service or
  609  immediately after the hearing at which the respondent was
  610  present.
  611         (c)At the time of surrender, a law enforcement officer
  612  taking possession of a firearm, any ammunition, or a license to
  613  carry a concealed weapon or firearm shall issue a receipt
  614  identifying all firearms and the quantity and type of ammunition
  615  that have been surrendered and shall provide a copy of the
  616  receipt to the respondent. Within 72 hours after service of the
  617  order, the law enforcement officer serving the order shall file
  618  the original receipt with the court and shall ensure that his or
  619  her law enforcement agency retains a copy of the receipt.
  620         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
  621  statement or testimony of any person alleging that the
  622  respondent has failed to comply with the surrender of firearms
  623  or ammunition as required by an order issued under this section,
  624  the court shall determine whether probable cause exists to
  625  believe that the respondent has failed to surrender all firearms
  626  or ammunition in his or her custody, control, or possession. If
  627  the court finds that probable cause exists, the court must issue
  628  a warrant describing the firearms or ammunition and authorizing
  629  a search of the locations where the firearms or ammunition are
  630  reasonably believed to be found and the seizure of any firearms
  631  or ammunition discovered pursuant to such search.
  632         (e)If a person other than the respondent claims title to
  633  any firearms or ammunition surrendered pursuant to this section,
  634  and he or she is determined by the law enforcement agency to be
  635  the lawful owner of the firearm or ammunition, the firearm or
  636  ammunition shall be returned to him or her, provided that:
  637         1.The lawful owner agrees to store the firearm or
  638  ammunition in a manner such that the respondent does not have
  639  access to or control of the firearm or ammunition.
  640         2.The firearm or ammunition is not otherwise unlawfully
  641  possessed by the owner.
  642         (f)Upon the issuance of a risk protection order, the court
  643  shall order a new hearing date and require the respondent to
  644  appear no later than 3 business days after the issuance of the
  645  order. The court shall require proof that the respondent has
  646  surrendered any firearms or ammunition in his or her custody,
  647  control, or possession. The court may cancel the hearing upon a
  648  satisfactory showing that the respondent is in compliance with
  649  the order.
  650         (g)All law enforcement agencies must develop policies and
  651  procedures by January 1, 2019, regarding the acceptance,
  652  storage, and return of firearms or ammunition required to be
  653  surrendered under this section.
  654         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  655         (a)If a risk protection order is vacated or ends without
  656  extension, a law enforcement agency holding a firearm or any
  657  ammunition that has been surrendered or seized pursuant to this
  658  section must return such surrendered firearm or ammunition
  659  requested by a respondent only after confirming through a
  660  background check that the respondent is currently eligible to
  661  own or possess firearms and ammunition under federal and state
  662  law and after confirming with the court that the risk protection
  663  order has been vacated or has ended without extension.
  664         (b) If a risk protection order is vacated or ends without
  665  extension, the Department of Agriculture and Consumer Services,
  666  if it has suspended a license to carry a concealed weapon or
  667  firearm pursuant to this section, must reinstate such license
  668  only after confirming that the respondent is currently eligible
  669  to have a license to carry a concealed weapon or firearm
  670  pursuant to s. 790.06.
  671         (c)A law enforcement agency must provide notice to any
  672  family or household members of the respondent before the return
  673  of any surrendered firearm and ammunition.
  674         (d)Any firearm and ammunition surrendered by a respondent
  675  pursuant to subsection (7) which remains unclaimed by the lawful
  676  owner after an order to vacate the risk protection order shall
  677  be disposed of in accordance with the law enforcement agency’s
  678  policies and procedures for the disposal of firearms in police
  679  custody.
  680         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
  681  elect to transfer all firearms and ammunition that have been
  682  surrendered to or seized by a local law enforcement agency
  683  pursuant to subsection (7) to another person who is willing to
  684  receive the respondent’s firearms and ammunition. The law
  685  enforcement agency may allow such a transfer only if it is
  686  determined that the chosen recipient:
  687         (a) Currently is eligible to own or possess a firearm and
  688  ammunition under federal and state law after confirmation
  689  through a background check;
  690         (b) Attests to storing the firearms and ammunition in a
  691  manner such that the respondent does not have access to or
  692  control of the firearms and ammunition until the risk protection
  693  order against the respondent is vacated or ends without
  694  extension; and
  695         (c) Attests not to transfer the firearms or ammunition back
  696  to the respondent until the risk protection order against the
  697  respondent is vacated or ends without extension.
  698         (10) REPORTING OF ORDERS.—
  699         (a) Within 24 hours after issuance, the clerk of the court
  700  shall enter any risk protection order or temporary ex parte risk
  701  protection order issued under this section into the uniform case
  702  reporting system.
  703         (b)Within 24 hours after issuance, the clerk of the court
  704  shall forward a copy of an order issued under this section to
  705  the appropriate law enforcement agency specified in the order.
  706  Upon receipt of the copy of the order, the law enforcement
  707  agency shall enter the order into the National Instant Criminal
  708  Background Check System, any other federal or state computer
  709  based systems used by law enforcement agencies or others to
  710  identify prohibited purchasers of firearms or ammunition, and
  711  into any computer-based criminal intelligence information system
  712  available in this state used by law enforcement agencies to list
  713  outstanding warrants. The order must remain in each system for
  714  the period stated in the order, and the law enforcement agency
  715  shall only remove orders from the systems that have ended or
  716  been vacated. Entry into the Florida Crime Information Center
  717  and National Crime Information Center constitutes notice to all
  718  law enforcement agencies of the existence of the order. The
  719  order is fully enforceable in any county in this state.
  720         (c)The issuing court shall, within 3 business days after
  721  issuance of a risk protection order or temporary ex parte risk
  722  protection order, forward all available identifying information
  723  concerning the respondent, along with the date of order
  724  issuance, to the Department of Agriculture and Consumer
  725  Services. Upon receipt of the information, the department shall
  726  determine if the respondent has a license to carry a concealed
  727  weapon or firearm. If the respondent does have a license to
  728  carry a concealed weapon or firearm, the department must
  729  immediately suspend the license.
  730         (d)If a risk protection order is vacated before its end
  731  date, the clerk of the court shall, on the day of the order to
  732  vacate, forward a copy of the order to the Department of
  733  Agriculture and Consumer Services and the appropriate law
  734  enforcement agency specified in the order to vacate. Upon
  735  receipt of the order, the law enforcement agency shall promptly
  736  remove the order from any computer-based system in which it was
  737  entered pursuant to paragraph (b).
  738         (11)PENALTIES.—
  739         (a)A person who files a petition under this section
  740  knowing the information in such petition is materially false, or
  741  files with the intent to harass the respondent, commits a
  742  misdemeanor of the first degree, punishable as provided in s.
  743  775.082 or s. 775.083.
  744         (b) A person who has in his or her custody or control a
  745  firearm or any ammunition or who purchases, possesses, or
  746  receives a firearm or any ammunition with knowledge that he or
  747  she is prohibited from doing so by an order issued under this
  748  section commits a felony of the third degree, punishable as
  749  provided in s. 775.082, s. 775.083, or s. 775.084.
  750         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  751  does not affect the ability of a law enforcement officer to
  752  remove a firearm or ammunition or license to carry a concealed
  753  weapon or concealed firearm from any person or to conduct any
  754  search and seizure for firearms or ammunition pursuant to other
  755  lawful authority.
  756         (13)LIABILITY.—Except as provided in subsection (10), this
  757  section does not impose criminal or civil liability on any
  758  person or entity for acts or omissions related to obtaining a
  759  risk protection order or temporary ex parte risk protection
  760  order, including, but not limited to, providing notice to the
  761  petitioner, a family or household member of the respondent, and
  762  any known third party who may be at risk of violence or failure
  763  to provide such notice, or reporting, declining to report,
  764  investigating, declining to investigate, filing, or declining to
  765  file, a petition under this section.
  766         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
  767         (a)The Office of the State Courts Administrator shall
  768  develop and prepare instructions and informational brochures,
  769  standard petitions and risk protection order forms, and a court
  770  staff handbook on the risk protection order process. The
  771  standard petition and order forms must be used after January 1,
  772  2019, for all petitions filed and orders issued pursuant to this
  773  section. The office shall determine the significant non-English
  774  speaking or limited English-speaking populations in the state
  775  and prepare the instructions and informational brochures,
  776  standard petitions and risk protection order forms in these
  777  languages. The instructions, brochures, forms, and handbook must
  778  be prepared in consultation with interested persons, including
  779  representatives of gun violence prevention groups, judges, and
  780  law enforcement personnel. Materials must be based on best
  781  practices and must be available online to the public.
  782         1.The instructions must be designed to assist petitioners
  783  in completing the petition and must include a sample of a
  784  standard petition and order for protection forms.
  785         2.The instructions and standard petition must include a
  786  means for the petitioner to identify, with only layman’s
  787  knowledge, the firearms or ammunition the respondent may own,
  788  possess, receive, or have in his or her custody or control. The
  789  instructions must provide pictures of types of firearms and
  790  ammunition that the petitioner may choose from to identify the
  791  relevant firearms or ammunition, or must provide an equivalent
  792  means to allow petitioners to identify firearms or ammunition
  793  without requiring specific or technical knowledge regarding the
  794  firearms or ammunition.
  795         3.The informational brochure must describe the use of and
  796  the process for obtaining, extending, and vacating a risk
  797  protection order under this section, and must provide relevant
  798  forms.
  799         4.The risk protection order form must include, in a
  800  conspicuous location, notice of criminal penalties resulting
  801  from violation of the order, and the following statement: “You
  802  have the sole responsibility to avoid or refrain from violating
  803  this order’s provisions. Only the court can change the order and
  804  only upon written request.”
  805         5.The court staff handbook must allow for the addition of
  806  a community resource list by the clerk of the court.
  807         (b)Any clerk of court may create a community resource list
  808  of crisis intervention, mental health, substance abuse,
  809  interpreter, counseling, and other relevant resources serving
  810  the county in which the court is located. The court may make the
  811  community resource list available as part of or in addition to
  812  the informational brochures described in paragraph (a).
  813         (c)The Office of the State Courts Administrator shall
  814  distribute a master copy of the petition and order forms,
  815  instructions, and informational brochures to the clerks of
  816  court. Distribution of all documents shall, at a minimum, be in
  817  an electronic format or formats accessible to all courts and
  818  clerks of court in the state.
  819         (d)Within 90 days of receipt of the master copy from the
  820  Office of the State Courts Administrator, the clerk of the court
  821  shall make available the standardized forms, instructions, and
  822  informational brochures required by this subsection.
  823         (e)The Office of the State Courts Administrator shall
  824  update the instructions, brochures, standard petition and risk
  825  protection order forms, and court staff handbook as necessary,
  826  including when changes in the law make an update necessary.
  827         Section 9. For the purpose of incorporating the amendment
  828  made by this act to section 790.065, Florida Statutes, in a
  829  reference thereto, subsection (2) of section 397.6760, Florida
  830  Statutes, is reenacted to read:
  831         397.6760 Court records; confidentiality.—
  832         (2) This section does not preclude the clerk of the court
  833  from submitting the information required by s. 790.065 to the
  834  Department of Law Enforcement.
  835         Section 10. For the purpose of incorporating the amendment
  836  made by this act to section 790.065, Florida Statutes, in a
  837  reference thereto, paragraph (e) of subsection (3) of section
  838  790.335, Florida Statutes, is reenacted to read:
  839         790.335 Prohibition of registration of firearms; electronic
  840  records.—
  841         (3) EXCEPTIONS.—The provisions of this section shall not
  842  apply to:
  843         (e)1. Records kept pursuant to the recordkeeping provisions
  844  of s. 790.065; however, nothing in this section shall be
  845  construed to authorize the public release or inspection of
  846  records that are made confidential and exempt from the
  847  provisions of s. 119.07(1) by s. 790.065(4)(a).
  848         2. Nothing in this paragraph shall be construed to allow
  849  the maintaining of records containing the names of purchasers or
  850  transferees who receive unique approval numbers or the
  851  maintaining of records of firearm transactions.
  852         Section 11. This act shall take effect October 1, 2018.