Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 328 Ì125810uÎ125810 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Gibson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 496 and 497 4 insert: 5 Section 18. (1 ) Section 790.401 , Florida Statutes, is 6 designed to temporarily prevent individuals who are at high risk 7 of harming themselves or others from accessing firearms by 8 allowing family, household members, and law enforcement to 9 obtain a court order when there is demonstrated evidence that 10 the person poses a significant danger, including danger as a 11 result of a dangerous mental health crisis or violent behavior. 12 (2) The purpose and intent of s ection 790.401 , Florida 13 Statutes, is to reduce gun deaths and injuries, while respecting 14 constitutional rights, by providing a court procedure for 15 family, household members, and law enforcement to obtain an 16 order temporarily restricting a person’s access to firearms. 17 Court orders are intended to be limited to situations in which 18 the person poses a significant danger of harming himself or 19 herself or others by possessing a firearm, and include standards 20 and safeguards to protect the rights of respondents and due 21 process of law. 22 Section 19. Section 790.401 , Florida Statutes, may be cited 23 as “The Risk Protection Order Act.” 24 Section 20. Section 790.401, Florida Statutes, is created 25 to read: 26 790.401 Risk protection orders.— 27 (1) DEFINITIONS.—As used in this section, the term: 28 (a) “Family or household member” has the same meaning as 29 provided in s. 741.28. The term includes a person who: 30 1. Has a biological or legal parent-child relationship with 31 the respondent, including stepparents and stepchildren and 32 grandparents and grandchildren. 33 2. Is acting or has acted as the respondent’s legal 34 guardian. 35 (b) “Petitioner” means the individual who petitions for an 36 order under this section. 37 (c) “Respondent” means the individual who is identified as 38 the respondent in a petition filed under this section. 39 (d) “Risk protection order” means an ex parte temporary 40 order or a final order granted under this section. 41 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created 42 an action known as a petition for a risk protection order. 43 (a) A petition for a risk protection order may be filed by 44 a family or household member of the respondent or a law 45 enforcement officer or agency. 46 (b) An action under this section must be filed in the 47 county where the petitioner resides or the county where the 48 respondent resides. 49 (c) A petition must: 50 1. Allege that the respondent poses a significant danger of 51 causing personal injury to self or others by having a firearm in 52 his or her custody or control or by potentially purchasing, 53 possessing, or receiving a firearm, and be accompanied by an 54 affidavit made under oath stating the specific statements, 55 actions, or facts that give rise to a reasonable fear of future 56 dangerous acts by the respondent. 57 2. Identify the numbers, types, and locations of any 58 firearms the petitioner believes to be in the respondent’s 59 current ownership, possession, custody, or control. 60 3. Identify whether there is a known existing protection 61 order governing the respondent under s. 741.30, s. 784.046, or 62 s. 784.0485 or under any other applicable statute. 63 4. Identify whether there is a pending lawsuit, complaint, 64 petition, or other action between the parties to the petition 65 under the laws of this state. 66 (d) The clerk of court shall verify the terms of any 67 existing order governing the parties. The court may not delay 68 granting relief because of the existence of a pending action 69 between the parties or the necessity of verifying the terms of 70 an existing order. A petition for a risk protection order may be 71 granted whether or not there is a pending action between the 72 parties. 73 (e) If the petitioner is a law enforcement officer or 74 agency, the petitioner shall make a good faith effort to provide 75 notice to a family or household member of the respondent and to 76 any known third party who may be at risk of violence. The notice 77 must state that the petitioner intends to petition the court for 78 a risk protection order or has already done so, and include 79 referrals to appropriate resources, including mental health, 80 domestic violence, and counseling resources. The petitioner must 81 attest in the petition to having provided such notice, or attest 82 to the steps that will be taken to provide such notice. 83 (f) If the petition states that disclosure of the 84 petitioner’s address would risk harm to the petitioner or any 85 member of the petitioner’s family or household, the petitioner’s 86 address may be omitted from all documents filed with the court. 87 If the petitioner has not disclosed an address under this 88 subsection, the petitioner must designate an alternative address 89 at which the respondent may serve notice of any motions. If the 90 petitioner is a law enforcement officer or agency, the address 91 of record must be that of the law enforcement agency. 92 (g) Within 90 days of receipt of the master copy from the 93 Office of the State Courts Administrator, all clerks of court 94 shall make available the standardized forms, instructions, and 95 informational brochures required by subsection (14). 96 (h) Fees for filing or service of process may not be 97 charged by a court or any public agency to petitioners seeking 98 relief under this section. Petitioners shall be provided the 99 necessary number of certified copies, forms, and instructional 100 brochures free of charge. 101 (i) A person is not required to post a bond to obtain 102 relief in any proceeding under this section. 103 (j) The circuit courts of this state have jurisdiction over 104 proceedings under this section. 105 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.— 106 (a) Upon receipt of the petition, the court shall order a 107 hearing to be held not later than 14 days after the date of the 108 order and issue a notice of hearing to the respondent for the 109 same. 110 1. The court may schedule a hearing by telephone pursuant 111 to local court rule, to reasonably accommodate a disability, or 112 in exceptional circumstances to protect a petitioner from 113 potential harm. The court shall require assurances of the 114 petitioner’s identity before conducting a telephonic hearing. 115 2. The court clerk shall cause a copy of the notice of 116 hearing and petition to be forwarded on or before the next 117 business day to the appropriate law enforcement agency for 118 service upon the respondent. 119 3. Personal service of the notice of hearing and petition 120 shall be made upon the respondent by a law enforcement officer 121 not less than 5 business days before the hearing. Service under 122 this section takes precedence over the service of other 123 documents, unless the other documents are of a similar emergency 124 nature. If timely personal service cannot be made, the court 125 shall set a new hearing date and shall either require additional 126 attempts at obtaining personal service or permit service by 127 publication or mail as provided in subsection (6). The court may 128 not require more than two attempts at obtaining personal service 129 and shall permit service by publication or mail after two 130 attempts at obtaining personal service unless the petitioner 131 requests additional time to attempt personal service. If the 132 court issues an order permitting service by publication or mail, 133 the court shall set the hearing date not later than 24 days 134 after the date the order is issued. 135 4. The court may, as provided in subsection (4), issue an 136 ex parte risk protection order pending the hearing ordered under 137 this subsection. Such ex parte order must be served concurrently 138 with the notice of hearing and petition. 139 (b) Upon hearing the matter, if the court finds by a 140 preponderance of the evidence that the respondent poses a 141 significant danger of causing personal injury to self or others 142 by having in his or her custody or control, purchasing, 143 possessing, or receiving a firearm, the court shall issue a risk 144 protection order for a period that it deems appropriate , up to 145 and including, but not exceeding, 12 months. 146 (c) In determining whether grounds for a risk protection 147 order exist, the court may consider any relevant evidence, 148 including, but not limited to, any of the following: 149 1. A recent act or threat of violence by the respondent 150 against self or others, whether or not such violence or threat 151 of violence involves a firearm. 152 2. An act or threat of violence by the respondent within 153 the past 12 months, including, but not limited to, acts or 154 threats of violence by the respondent against self or others. 155 3. A recurring mental health issue of the respondent. 156 4. A violation by the respondent of a protection order or a 157 no contact order issued under s. 741.30, s. 784.046, or s. 158 784.0485. 159 5. A previous or existing risk protection order issued 160 against the respondent. 161 6. A violation of a previous or existing risk protection 162 order issued against the respondent. 163 7. A conviction of the respondent for a crime that 164 constitutes domestic violence as defined in s. 741.28. 165 8. The respondent’s ownership, access to, or intent to 166 possess firearms. 167 9. The unlawful or reckless use, display, or brandishing of 168 a firearm by the respondent. 169 10. The recurring use of , or threat to use, physical force 170 by the respondent against another person, or the respondent 171 stalking another person. 172 11. An arrest, a plea of guilty or no contest, or a 173 conviction of the respondent for a violent misdemeanor or felony 174 offense. 175 12. Corroborated evidence of the abuse of controlled 176 substances or alcohol by the respondent. 177 13. Evidence of recent acquisition of firearms by the 178 respondent. 179 (d) The court may: 180 1. Examine under oath the petitioner, the respondent, and 181 any witnesses they may produce, or, in lieu of examination, 182 consider sworn affidavits of the petitioner, the respondent, and 183 any witnesses they may produce. 184 2. Ensure that a reasonable search has been conducted for 185 criminal history records related to the respondent. 186 (e) In a hearing under this section, the rules of evidence 187 apply to the same extent as in a domestic violence injunction 188 proceeding under s. 741.30. 189 (f) During the hearing, the court shall consider whether a 190 mental health evaluation or chemical dependency evaluation is 191 appropriate, and may order such evaluation if appropriate. 192 (g) A risk protection order must include all of the 193 following: 194 1. A statement of the grounds supporting the issuance of 195 the order. 196 2. The date and time the order was issued. 197 3. The date and time the order expires. 198 4. Whether a mental health evaluation or chemical 199 dependency evaluation of the respondent is required. 200 5. The address of the court in which any responsive 201 pleading should be filed. 202 6. Instructions for relinquishment of firearms under 203 subsection (8). 204 7. The following statement: 205 206 “To the subject of this protection order: This order will last 207 until the date and time noted above. If you have not done so 208 already, you must surrender immediately to the (insert name of 209 local law enforcement agency) all firearms in your custody, 210 control, or possession and any license to carry a concealed 211 weapon or firearm issued to you under s. 790.06, Florida 212 Statutes. You may not have in your custody or control, or 213 purchase, possess, receive, or attempt to purchase or receive, a 214 firearm while this order is in effect. You have the right to 215 request one hearing to terminate this order, starting after the 216 date of the issuance of this order and another hearing after 217 ever renewal of the order, if any . You may seek the advice of an 218 attorney as to any matter connected with this order.” 219 220 (h) When the court issues a risk protection order, the 221 court shall inform the respondent that he or she is entitled to 222 request termination of the order in the manner prescribed by 223 subsection (7). The court shall provide the respondent with a 224 form to request a termination hearing. 225 (i) If the court denies the petitioner’s request for a risk 226 protection order, the court shall state the particular reasons 227 for the court’s denial. 228 (4) EX PARTE RISK PROTECTION ORDERS.— 229 (a) A petitioner may request that an ex parte risk 230 protection order be issued before a hearing for a risk 231 protection order, without notice to the respondent, by including 232 in the petition detailed allegations based on personal knowledge 233 that the respondent poses a significant danger of causing 234 personal injury to self or others in the near future by having 235 in his or her custody or control, purchasing, possessing, or 236 receiving a firearm. 237 (b) In considering whether to issue an ex parte risk 238 protection order under this section, the court shall consider 239 all relevant evidence, including the evidence described in 240 paragraph (3)(c). 241 (c) If a court finds there is reasonable cause to believe 242 that the respondent poses a significant danger of causing 243 personal injury to self or others in the near future by having 244 in his or her custody or control, purchasing, possessing, or 245 receiving a firearm, the court shall issue an ex parte risk 246 protection order. 247 (d) The court shall hold an ex parte risk protection order 248 hearing in person or by telephone on the day the petition is 249 filed or on the business day immediately following the day the 250 petition is filed. 251 (e) In accordance with paragraph (3)(a), the court shall 252 schedule a hearing within 14 days of the issuance of an ex parte 253 risk protection order to determine if a risk protection order 254 should be issued under this section. 255 (f) An ex parte risk protection order must include all of 256 the following: 257 1. A statement of the grounds asserted for the order. 258 2. The date and time the order was issued. 259 3. The date and time the order expires. 260 4. The address of the court in which any responsive 261 pleading should be filed. 262 5. The date and time of the scheduled hearing. 263 6. A description of the requirements for surrender of 264 firearms under subsection (8). 265 7. The following statement: 266 267 “To the subject of this protection order: This order is valid 268 until the date and time noted above. You are required to 269 surrender all firearms in your custody, control, or possession. 270 You may not have in your custody or control, purchase, possess, 271 receive, or attempt to purchase or receive, a firearm while this 272 order is in effect. You must surrender immediately to the 273 (insert name of local law enforcement agency) all firearms in 274 your custody, control, or possession and any license to carry a 275 concealed weapon or firearm issued to you under s. 790.06, 276 Florida Statutes. A hearing will be held on the date and at the 277 time noted above to determine if a risk protection order should 278 be issued. Failure to appear at that hearing may result in a 279 court ruling on an order against you that is valid for 1 year. 280 You may seek the advice of an attorney as to any matter 281 connected with this order.” 282 283 (g) An ex parte risk protection order issued expires upon 284 the hearing on the risk protection order. 285 (h) An ex parte risk protection order shall be served by a 286 law enforcement officer in the same manner as provided for in 287 subsection (3) for service of the notice of hearing and petition 288 and shall be served concurrently with the notice of hearing and 289 petition. 290 (i) If the court denies the petitioner’s request for an ex 291 parte risk protection order, the court shall state the 292 particular reasons for the court’s denial. 293 (5) SERVICE OF RISK PROTECTION ORDERS.— 294 (a) A risk protection order issued under subsection (3) 295 must be personally served upon the respondent, except as 296 otherwise provided in this section. 297 (b) The law enforcement agency with jurisdiction in the 298 area in which the respondent resides shall serve the respondent 299 personally, unless the petitioner elects to have the respondent 300 served by a private party. 301 (c) If service by a law enforcement agency is to be used, 302 the clerk of the court shall cause a copy of the order issued 303 under this section to be forwarded on or before the next 304 business day to the law enforcement agency specified in the 305 order for service upon the respondent. Service of an order 306 issued under this section takes precedence over the service of 307 other documents, unless the other documents are of a similar 308 emergency nature. 309 (d) If the law enforcement agency cannot complete service 310 upon the respondent within 10 days, the law enforcement agency 311 shall notify the petitioner. The petitioner shall provide 312 information sufficient to permit such notification. 313 (e) If an order entered by the court recites that the 314 respondent appeared in person before the court, the necessity 315 for further service is waived and proof of service of that order 316 is not necessary. 317 (f) If the court previously entered an order allowing 318 service of the notice of hearing and petition, or an ex parte 319 risk protection order, by publication or mail under subsection 320 (6), or if the court finds there are now grounds to allow such 321 alternate service, the court may permit service by publication 322 or mail of the risk protection order issued under this section 323 as provided in subsection (6). The court order must state 324 whether the court permitted service by publication or service by 325 mail. 326 (g) Returns of service under this section must be made in 327 accordance with the applicable court rules. 328 (6) SERVICE BY PUBLICATION OR MAIL.— 329 (a) The court may order service by publication or service 330 by mail under the circumstances permitted for such service in s. 331 741.30, s. 784.046, or s. 784.0485, except any summons must be 332 essentially in the following form: 333 334 In the . . . . . . . . . Court of the State of Florida for the 335 County of . . . . . . . . . 336 . . . . . . . . . . . . . . ., Petitioner 337 vs. No. . . . . . . 338 . . . . . . . . . . . . . . ., Respondent 339 The State of Florida to . . . . . . . . . (respondent): 340 You are hereby summoned to appear on the . . . . day of . . . . 341 . ., (year) . . . ., at . . . . a.m./p.m., and respond to the 342 petition. If you fail to respond, a risk protection order may be 343 issued against you pursuant to the Risk Protection Order Act, s. 344 790.401, Florida Statutes, for 1 year after the date you are 345 required to appear. (An ex parte risk protection order has been 346 issued against you, restraining you from having in your custody 347 or control, purchasing, possessing, or receiving any firearms. 348 You must surrender to the (insert name of local law enforcement 349 agency) all firearms in your custody, control, or possession and 350 any license to carry a concealed weapon or firearm issued to you 351 under s. 790.06, Florida Statutes, within 48 hours. A copy of 352 the notice of hearing, petition, and ex parte risk protection 353 order has been filed with the clerk of this court.) (A copy of 354 the notice of hearing and petition has been filed with the clerk 355 of this court.) 356 . . . . . 357 Petitioner 358 359 (b) If the court orders service by publication or mail for 360 notice of a risk protection order hearing, it shall also reissue 361 the ex parte risk protection order, if issued, to expire on the 362 date of the risk protection order hearing. 363 (c) Following completion of service by publication or by 364 mail for notice of a risk protection order hearing, if the 365 respondent fails to appear at the hearing, the court may issue a 366 risk protection order as provided in subsection (3). 367 (7) TERMINATION AND RENEWAL OF ORDERS.— 368 (a) The respondent may submit one written request for a 369 hearing to terminate a risk protection order issued under this 370 section, starting after the date of the issuance of the order 371 and another hearing after ever renewal of the order, if any . 372 1. Upon receipt of the request for a hearing to terminate a 373 risk protection order, the court shall set a date for a hearing. 374 Notice of the request must be served on the petitioner in 375 accordance with chapter 48. The hearing shall occur no sooner 376 than 14 days and no later than 30 days after the date of service 377 of the request upon the petitioner. 378 2. The respondent shall have the burden of proving by a 379 preponderance of the evidence that the respondent does not pose 380 a significant danger of causing personal injury to self or 381 others by having in his or her custody or control, purchasing, 382 possessing, or receiving a firearm. The court may consider any 383 relevant evidence, including evidence of the considerations 384 listed in paragraph (3)(c). 385 3. If the court finds after the hearing that the respondent 386 has met his or her burden, the court shall terminate the order. 387 (b) The court must notify the petitioner of the impending 388 expiration of a risk protection order. Notice must be received 389 by the petitioner 105 calendar days before the date the order 390 expires. 391 (c) A family or household member of a respondent or a law 392 enforcement officer or agency may by motion request a renewal of 393 a risk protection order at any time within 105 calendar days 394 before the expiration of the order. 395 1. Upon receipt of the motion to renew, the court shall 396 order that a hearing be held not later than 14 days after the 397 date the order is issued. 398 a. The court may schedule a hearing by telephone in the 399 manner prescribed by subparagraph (3)(a)1. 400 b. The respondent shall be personally served in the same 401 manner prescribed by subparagraphs(3)(a)2. and 3. 402 2. In determining whether to renew a risk protection order 403 issued under this section, the court shall consider all relevant 404 evidence presented by the petitioner and follow the same 405 procedure as provided in subsection (3). 406 3. If the court finds by a preponderance of the evidence 407 that the requirements for issuance of a risk protection order as 408 provided in subsection (3) continue to be met, the court shall 409 renew the order. However, if, after notice, the motion for 410 renewal is uncontested and the petitioner seeks no modification 411 of the order, the order may be renewed on the basis of the 412 petitioner’s motion or affidavit stating that there has been no 413 material change in relevant circumstances since entry of the 414 order and stating the reason for the requested renewal. 415 4. The renewal of a risk protection order has a duration of 416 1 year, subject to termination as provided in paragraph (a) or 417 further renewal by order of the court. 418 (8) SURRENDER OF FIREARMS.— 419 (a) Upon issuance of any risk protection order under this 420 section, including an ex parte risk protection order, the court 421 shall order the respondent to surrender to the local law 422 enforcement agency all firearms in the respondent’s custody, 423 control, or possession and any license to carry a concealed 424 weapon or firearm issued under s. 790.06. 425 (b) The law enforcement officer serving any risk protection 426 order under this section, including an ex parte risk protection 427 order, shall request that the respondent immediately surrender 428 all firearms in his or her custody, control, or possession and 429 any license to carry a concealed weapon or firearm issued under 430 s. 790.06, and conduct any search permitted by law for such 431 firearms. The law enforcement officer shall take possession of 432 all firearms belonging to the respondent that are surrendered, 433 in plain sight, or discovered pursuant to a lawful search. 434 Alternatively, if personal service by a law enforcement officer 435 is not possible, or not required because the respondent was 436 present at the risk protection order hearing, the respondent 437 shall surrender the firearms in a safe manner to the control of 438 the local law enforcement agency within 48 hours of being served 439 with the order by alternate service or within 48 hours of the 440 hearing at which the respondent was present. 441 (c) At the time of surrender, a law enforcement officer 442 taking possession of a firearm or license to carry a concealed 443 weapon or firearm shall issue a receipt identifying all firearms 444 that have been surrendered and provide a copy of the receipt to 445 the respondent. Within 72 hours after service of the order, the 446 law enforcement officer serving the order shall file the 447 original receipt with the court and shall ensure that his or her 448 law enforcement agency retains a copy of the receipt. 449 (d) Upon the sworn statement or testimony of the petitioner 450 or of any law enforcement officer alleging that the respondent 451 has failed to comply with the surrender of firearms as required 452 by an order issued under this section, the court shall determine 453 whether probable cause exists to believe that the respondent has 454 failed to surrender all firearms in his or her possession, 455 custody, or control. If probable cause exists, the court shall 456 issue a warrant describing the firearms and authorizing a search 457 of the locations where the firearms are reasonably believed to 458 be and the seizure of any firearms discovered pursuant to such 459 search. 460 (e) If a person other than the respondent claims title to 461 any firearms surrendered pursuant to this section, and he or she 462 is determined by the law enforcement agency to be the lawful 463 owner of the firearm, the firearm shall be returned to him or 464 her, provided that: 465 1. The firearm is removed from the respondent’s custody, 466 control, or possession and the lawful owner agrees to store the 467 firearm in a manner such that the respondent does not have 468 access to or control of the firearm. 469 2. The firearm is not otherwise unlawfully possessed by the 470 owner. 471 (f) Upon the issuance of a risk protection order, the court 472 shall order a new hearing date and require the respondent to 473 appear not later than 3 business days from the issuance of the 474 order. The court shall require a showing that the person subject 475 to the order has surrendered any firearms in his or her custody, 476 control, or possession. The court may dismiss the hearing upon a 477 satisfactory showing that the respondent is in compliance with 478 the order. 479 (g) All law enforcement agencies must develop policies and 480 procedures by June 1, 2019, regarding the acceptance, storage, 481 and return of firearms required to be surrendered under this 482 section. 483 (9) RETURN AND DISPOSAL OF FIREARMS.— 484 (a) If a risk protection order is terminated or expires 485 without renewal, a law enforcement agency holding any firearm 486 that has been surrendered pursuant to this section shall return 487 any surrendered firearm requested by a respondent only after 488 confirming, through a background check, that the respondent is 489 currently eligible to own or possess firearms under federal and 490 state law and after confirming with the court that the risk 491 protection order has terminated or has expired without renewal. 492 (b) A law enforcement agency must, if requested, provide 493 prior notice of the return of a firearm to a respondent to 494 family or household members of the respondent. 495 (c) Any firearm surrendered by a respondent pursuant to 496 subsection (8) that remains unclaimed by the lawful owner shall 497 be disposed of in accordance with the law enforcement agency’s 498 policies and procedures for the disposal of firearms in police 499 custody. 500 (10) REPORTING OF ORDERS.— 501 (a) The clerk of the court shall enter any risk protection 502 order or ex parte risk protection order issued under this 503 section into the uniform case reporting system on the same day 504 such order is issued. 505 (b) The clerk of the court shall forward a copy of an order 506 issued under this section the same day such order is issued to 507 the appropriate law enforcement agency specified in the order. 508 Upon receipt of the copy of the order, the law enforcement 509 agency shall enter the order into the National Instant Criminal 510 Background Check System, any other federal or state computer 511 based systems used by law enforcement or others to identify 512 prohibited purchasers of firearms, and any computer-based 513 criminal intelligence information system available in this state 514 used by law enforcement agencies to list outstanding warrants. 515 The order must remain in each system for the period stated in 516 the order, and the law enforcement agency shall only expunge 517 orders from the systems that have expired or terminated. Entry 518 into the computer-based criminal intelligence information system 519 constitutes notice to all law enforcement agencies of the 520 existence of the order. The order is fully enforceable in any 521 county in the state. 522 (c) The issuing court shall, within 3 business days after 523 issuance of a risk protection order or ex parte risk protection 524 order, forward a copy of the respondent’s driver license or 525 identification card, or comparable information, along with the 526 date of order issuance, to the Department of Agriculture and 527 Consumer Services. Upon receipt of the information, the 528 department shall determine if the respondent has a license to 529 carry a concealed weapon or firearm. If the respondent does have 530 a license to carry a concealed weapon or firearm, the department 531 shall immediately revoke the license. 532 (d) If a risk protection order is terminated before its 533 expiration date, the clerk of the court shall forward the same 534 day a copy of the termination order to the Department of 535 Agriculture and Consumer Services and the appropriate law 536 enforcement agency specified in the termination order. Upon 537 receipt of the order, the law enforcement agency shall promptly 538 remove the order from any computer-based system in which it was 539 entered pursuant to paragraph (b). 540 (11) PENALTIES.— 541 (a) Any person who files a petition under this section 542 knowing the information in such petition to be materially false, 543 or with the intent to harass the respondent commits a 544 misdemeanor of the first degree, punishable as provided in s. 545 775.082 or s. 775.083. 546 (b)1.a Except as provided in sub-subparagraph b., a person 547 who has in his or her custody or control a firearm or purchases, 548 possesses, or receives a firearm with knowledge that he or she 549 is prohibited from doing so by an order issued under this 550 section commits a misdemeanor of the first degree, punishable as 551 provided in s. 775.082 or s. 775.083. 552 b. If a person has two or more previous convictions for 553 violating an order issued under this section, the person commits 554 a felony of the third degree punishable as provided in s. 555 775.082, s. 775.083, or s. 775.084. 556 2. A person who is convicted of an offense under this 557 paragraph is prohibited from having a firearm in his or her 558 custody or control or purchasing, possessing, or receiving, or 559 attempting to purchase or receive a firearm for a period of 5 560 years after the date the existing order under this section 561 expires. 562 (12) LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section 563 does not affect the ability of a law enforcement officer to 564 remove a firearm or license to carry a concealed weapon or 565 firearm from any person or conduct any search and seizure for 566 firearms pursuant to other lawful authority. 567 (13) LIABILITY.—Except as provided in subsection (11), this 568 section does not impose criminal or civil liability on any 569 person or entity for acts or omissions related to obtaining a 570 risk protection order or ex parte risk protection order, 571 including, but not limited to, reporting, declining to report, 572 investigating, declining to investigate, filing, or declining to 573 file a petition under this section. 574 (14) INSTRUCTIONAL AND INFORMATIONAL MATERIAL.— 575 (a) The Office of the State Courts Administrator shall 576 develop and prepare instructions and informational brochures, 577 standard petitions and risk protection order forms, and a court 578 staff handbook on the risk protection order process. The 579 standard petition and order forms must be used after June 1, 580 2019, for all petitions filed and orders issued under this 581 section. The instructions, brochures, forms, and handbook shall 582 be prepared in consultation with interested persons, including 583 representatives of gun violence prevention groups, judges, and 584 law enforcement personnel. Materials must be based on best 585 practices and available electronically online to the public. 586 1. The instructions must be designed to assist petitioners 587 in completing the petition, and must include a sample of a 588 standard petition and order for protection forms. 589 2. The instructions and standard petition must include a 590 means for the petitioner to identify, with only layman’s 591 knowledge, the firearms the respondent may own, possesses, 592 receive, or have in his or her custody or control. The 593 instructions must provide pictures of types of firearms that the 594 petitioner may choose from to identify the relevant firearms, or 595 an equivalent means to allow petitioners to identify firearms 596 without requiring specific or technical knowledge regarding the 597 firearms. 598 3. The informational brochure must describe the use of and 599 the process for obtaining, modifying, and terminating a risk 600 protection order under this section, and provide relevant forms. 601 4. The risk protection order form must include, in a 602 conspicuous location, notice of criminal penalties resulting 603 from violation of the order, and the following statement: “You 604 have the sole responsibility to avoid or refrain from violating 605 this order’s provisions. Only the court can change the order and 606 only upon written application.” 607 5. The court staff handbook must allow for the addition of 608 a community resource list by the court clerk. 609 (b) All court clerks may create a community resource list 610 of crisis intervention, mental health, substance abuse, 611 interpreter, counseling, and other relevant resources serving 612 the county in which the court is located. The court may make the 613 community resource list available as part of or in addition to 614 the informational brochures described in paragraph (a). 615 (c) The Office of the State Courts Administrator shall 616 distribute a master copy of the petition and order forms, 617 instructions, and informational brochures to all court clerks. 618 Distribution of all documents shall, at a minimum, be in an 619 electronic format or formats accessible to all courts and court 620 clerks in the state. 621 (d) The Office of the State Courts Administrator shall 622 determine the significant non-English-speaking or limited 623 English-speaking populations in the state. The office shall then 624 arrange for translation of the instructions and informational 625 brochures required by this section, which shall contain a sample 626 of the standard petition and order for protection forms, into 627 the languages spoken by those significant non-English-speaking 628 populations or limited English-speaking populations and shall 629 distribute a master copy of the translated instructions and 630 informational brochures to all court clerks by December 1, 2018. 631 (e) The Office of the State Courts Administrator shall 632 update the instructions, brochures, standard petition and risk 633 protection order forms, and court staff handbook as necessary, 634 including when changes in the law make an update necessary. 635 636 ================= T I T L E A M E N D M E N T ================ 637 And the title is amended as follows: 638 Delete line 2 639 and insert: 640 An act relating to veteran identification and gun 641 safety; providing intent; providing a short title; 642 creating s. 790.401, F.S.; defining terms; creating an 643 action known as a petition for a risk protection order 644 to prevent persons who are at high risk of harming 645 themselves or others from accessing firearms; 646 providing requirements for petitions for such orders; 647 providing duties for courts and clerks of court; 648 prohibiting fees for filing of such petitions; 649 providing for jurisdiction for such petitions; 650 requiring hearings on petitions within a specified 651 period; providing for service; providing grounds that 652 may be considered in determining whether to grant such 653 a petition; providing requirements for proceedings; 654 providing requirements for such orders; providing for 655 ex parte orders in certain circumstances; providing 656 for service of orders; providing for termination or 657 renewal of an order; providing for the surrender and 658 storage of firearms after issuance of such an order; 659 requiring law enforcement agencies to develop certain 660 policies and procedures by a certain date; providing 661 for return of firearms upon termination of an order; 662 requiring the reporting of such an order to specified 663 agencies; requiring the termination of a license to 664 carry a concealed weapon or firearm that is held by a 665 person subject to such an order; prohibiting a person 666 from knowingly filing a petition for such an order 667 which contains materially false or misleading 668 statements; providing criminal penalties; prohibiting 669 violations of such an order; providing criminal 670 penalties; prohibiting persons convicted of violating 671 such an order from possessing a firearm for a 672 specified period; providing construction; providing 673 that provisions do not create liability for certain 674 acts or omissions; requiring development and 675 distribution of certain instructional and 676 informational material; creating s.