Florida Risk Protection Order
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Questions and Answers

Who is the individual identified in a petition filed under Florida Statute 790.401?

  • Respondent (correct)
  • Judge
  • Petitioner
  • Law Enforcement Officer

    • What is the purpose of a Risk Protection Order?

  • To protect the Respondent from harming themselves or others (correct)
  • To grant the Respondent permission to carry a firearm
  • To punish the Respondent for a past offense
  • To issue a warning to the Respondent

    • What is a Temporary Ex Parte Risk Protection Order?

  • A final order granted after a hearing
  • An appeal to a higher court
  • A petition filed by the Respondent
  • A temporary order issued without notice to the Respondent (correct)

    • What is the purpose of a Petition for a Risk Protection Order?

    <p>To request the court to grant a Risk Protection Order</p> Signup and view all the answers

    What is considered when determining whether to file a Petition for a Risk Protection Order?

    <p>All relevant evidence, including recent threats and mental health issues</p> Signup and view all the answers

    What is a Writ of Bodily Attachment?

    <p>A court order to physically bring the Respondent before the court</p> Signup and view all the answers

    What is an Order to Show Cause?

    <p>A court order requiring the Respondent to justify their actions</p> Signup and view all the answers

    Who can file a Petition for a Risk Protection Order?

    <p>Only a law enforcement agency</p> Signup and view all the answers

    What is a Risk Protection Order Firearms Receipt?

    <p>A receipt for firearms surrendered due to a Risk Protection Order</p> Signup and view all the answers

    What is the purpose of a Petition for a Temporary Ex Parte Risk Protection Order?

    <p>To request a temporary order without notice to the Respondent</p> Signup and view all the answers

    What is the purpose of the standard operating procedure?

    <p>To define guidelines and procedures for seizing firearms and ammunition</p> Signup and view all the answers

    Which personnel are required to follow this procedure?

    <p>Sheriff's Office Law Enforcement, Records Section, and Legal Division personnel</p> Signup and view all the answers

    What is the primary intention of Florida Statute 790.401?

    <p>To temporarily prevent individuals from accessing firearms or ammunition</p> Signup and view all the answers

    What is the definition of a Petitioner in the context of Florida Statute 790.401?

    <p>A law enforcement officer or a law enforcement agency that petitions a court for a Risk Protection Order</p> Signup and view all the answers

    What is the goal of the process established by Florida Statute 790.401?

    <p>To provide a judicial procedure for law enforcement officers to obtain a court order temporarily restricting a person's access to firearms and ammunition</p> Signup and view all the answers

    What is the primary focus of the Risk Protection Order?

    <p>To temporarily prevent individuals from accessing firearms or ammunition</p> Signup and view all the answers

    What is the significance of the Marjory Stoneman Douglas High School Public Safety Act?

    <p>It is a statute that provides a judicial procedure for law enforcement officers to obtain a court order temporarily restricting a person's access to firearms and ammunition</p> Signup and view all the answers

    What is the primary benefit of the Risk Protection Order process?

    <p>It respects constitutional rights while providing a judicial procedure for law enforcement officers</p> Signup and view all the answers

    What is one of the criteria for filing a Petition for a Temporary Ex Parte Risk Protection Order and/or a Petition for Risk Protection Order?

    <p>The Respondent has been arrested for a crime involving violence.</p> Signup and view all the answers

    Who reviews the relevant evidence for the filing of a Petition for a Temporary Ex Parte Risk Protection Order and/or a Petition for Risk Protection Order?

    <p>The District/Division Commander.</p> Signup and view all the answers

    What is required to be included in a Petition for a Temporary Ex Parte Risk Protection Order and/or Petition for Risk Protection Order?

    <p>An affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts.</p> Signup and view all the answers

    What is the purpose of a Temporary Ex Parte Risk Protection Order?

    <p>To prohibit the Respondent from possessing or controlling firearms or ammunition.</p> Signup and view all the answers

    Who is responsible for serving the Respondent with the Notice of Hearing and Petition?

    <p>The Sheriff's Office Legal Division.</p> Signup and view all the answers

    What should the shift commander ensure before the Final Hearing date?

    <p>All leads are exhausted</p> Signup and view all the answers

    What is the time frame for scheduling a hearing for the Final Risk Protection Order?

    <p>Within 14 days.</p> Signup and view all the answers

    What is required of the Respondent within 3 days of the issuance of the Temporary Ex Parte Risk Protection Order?

    <p>To provide proof that all firearms, ammunition, and/or license to carry a concealed weapon or firearm have been surrendered or transferred.</p> Signup and view all the answers

    What is required of the Respondent after being served with the Temporary Ex Parte Risk Protection Order and/or Final Risk Protection Order?

    <p>To surrender all firearms and ammunition</p> Signup and view all the answers

    What is one of the criteria for the court to consider when determining whether to issue a Temporary Ex Parte Risk Protection Order?

    <p>The Respondent's recent acquisition of firearms or ammunition.</p> Signup and view all the answers

    What happens to the restricted items if the Respondent is unable to surrender them at the time of service?

    <p>The items are surrendered immediately after returning to the location</p> Signup and view all the answers

    What document is completed by the law enforcement officer taking possession of the surrendered items?

    <p>Risk Protection Order Firearm Receipt</p> Signup and view all the answers

    What happens immediately after the petition is filed?

    <p>The court holds a Temporary Ex Parte Risk Protection Order hearing.</p> Signup and view all the answers

    What is the purpose of the Sheriff's Office Legal Division's review of the petition?

    <p>To determine whether the petition is legally sufficient.</p> Signup and view all the answers

    What happens if the Respondent does not surrender the restricted items?

    <p>A search warrant is issued</p> Signup and view all the answers

    What is required of the deputy after serving the Risk Protection Order?

    <p>To update FCIC/NCIC with the 'served' status</p> Signup and view all the answers

    Who drafts and obtains a court authorized search warrant?

    <p>The General Offense Section</p> Signup and view all the answers

    What happens to the surrendered items?

    <p>They are impounded at the Sheriff's Office Evidence Control Section</p> Signup and view all the answers

    What happens if the Petitioner is a law enforcement agency other than the Sheriff's Office?

    <p>The deputy completes a Property Release Form to that agency</p> Signup and view all the answers

    What is sent to Civil Process via [email protected]?

    <p>A copy of the Risk Protection Order Firearm Receipt</p> Signup and view all the answers

    What is the main purpose of a Temporary Ex Parte Risk Protection Order?

    <p>To require the Respondent to surrender firearms and ammunition</p> Signup and view all the answers

    How long is a Final Risk Protection Order valid for?

    <p>Up to 12 months</p> Signup and view all the answers

    What happens when the Respondent is determined to be located within one of the five Sheriff's Office Districts?

    <p>The packet is sent to the on-duty shift commander within that District</p> Signup and view all the answers

    What is the consequence of violating a Risk Protection Order?

    <p>A Felony of the third degree</p> Signup and view all the answers

    What is the responsibility of the Sheriff's Office upon issuance of a Risk Protection Order?

    <p>To enter the Order within Versadex and FCIC/NCIC within 24 hours</p> Signup and view all the answers

    What is the purpose of a Signal 663?

    <p>To indicate a Risk Protection Service</p> Signup and view all the answers

    What is required to be surrendered by the Respondent upon service of a Risk Protection Order?

    <p>Firearms, ammunition, and any license to carry a concealed weapon or firearm</p> Signup and view all the answers

    Who reviews the packet and determines how many deputies will be required to safely effect service of process?

    <p>The on-duty shift commander</p> Signup and view all the answers

    What is the process of serving a Respondent with a Risk Protection Order?

    <p>The deputy serves the Respondent individually with the Order, Petition, and supporting documents</p> Signup and view all the answers

    What happens to the Return of Service documents after service of a Risk Protection Order is completed?

    <p>They are returned to the courts as required</p> Signup and view all the answers

    What is a necessary step before returning restricted items to a Respondent?

    <p>Confirming with the court that the Risk Protection Order has been vacated or has ended without extension.</p> Signup and view all the answers

    What happens to unclaimed firearms and ammunition surrendered by a Respondent after one year?

    <p>They are disposed of in accordance with the Sheriff's Office policies and procedures.</p> Signup and view all the answers

    Why is it necessary to confirm the Respondent's eligibility to own or possess firearms under federal and state law?

    <p>To verify the Respondent's identity through a background check.</p> Signup and view all the answers

    What is a necessary step in the process of returning restricted items to a Respondent?

    <p>Providing the required notice to the Respondent's family or household members.</p> Signup and view all the answers

    What is the purpose of verifying the Respondent's eligibility to own or possess firearms under federal and state law?

    <p>To confirm the Respondent can legally possess firearms before returning restricted items.</p> Signup and view all the answers

    What happens if a Respondent fails to appear for the Compliance Hearing?

    <p>The judge may issue a Writ of Bodily Attachment</p> Signup and view all the answers

    What should deputies do when serving an Order Setting Hearing for a Risk Protection Order or an Order to Show Cause?

    <p>Place themselves on a Signal 663</p> Signup and view all the answers

    What should be done with an unserved document?

    <p>It should be forwarded back to the Civil Process Section</p> Signup and view all the answers

    What is required for a Respondent to vacate a Risk Protection Order?

    <p>The Respondent must submit a written request for a hearing</p> Signup and view all the answers

    What should the HCSO Warrants Clerks do upon issuance of a Writ of Bodily Attachment?

    <p>Enter the Writ of Bodily Attachment into Versadex as a local warrant</p> Signup and view all the answers

    What is the purpose of a Writ of Bodily Attachment?

    <p>To take the Respondent into custody</p> Signup and view all the answers

    How long does the court have to hold a hearing after the Respondent submits a written request to vacate a Risk Protection Order?

    <p>No sooner than 14 days and no later than 30 days</p> Signup and view all the answers

    What should a deputy do when serving an Order Setting Hearing for a Risk Protection Order or an Order to Show Cause?

    <p>Place themselves on a Signal 663</p> Signup and view all the answers

    Why should caution be utilized when taking the Respondent into custody?

    <p>Because the Respondent may not comply with the orders of the court</p> Signup and view all the answers

    What should be done with a Writ of Bodily Attachment if the Respondent can be located within another law enforcement agency's jurisdiction?

    <p>It should be sent to that agency for execution</p> Signup and view all the answers

    What happens if the court finds after the hearing that the Respondent has met the burden of proof?

    <p>The court must vacate the Risk Protection Order</p> Signup and view all the answers

    Who can file a motion to request an extension of a Risk Protection Order?

    <p>The Sheriff’s Office</p> Signup and view all the answers

    How long can a Risk Protection Order be extended?

    <p>Up to 12 months</p> Signup and view all the answers

    What happens to firearms and ammunition surrendered by the Respondent if someone else claims title to them?

    <p>They are returned to the lawful owner</p> Signup and view all the answers

    What must the lawful owner do to obtain the return of their firearms and ammunition?

    <p>Provide a sworn statement attesting to certain facts</p> Signup and view all the answers

    What must the person receiving the Respondent’s firearms and ammunition do?

    <p>Agree in writing to receive the Respondent’s firearms and ammunition</p> Signup and view all the answers

    What must the person receiving the Respondent’s firearms and ammunition agree to?

    <p>Store the firearms and ammunition in a manner that the Respondent will not have access to or control of them</p> Signup and view all the answers

    What happens to the firearms, ammunition, or licenses to carry a concealed weapon or firearm when the Risk Protection Order is vacated or ends?

    <p>They are returned to the Respondent</p> Signup and view all the answers

    Who handles requests to transfer firearms?

    <p>The Sheriff’s Office Legal Division</p> Signup and view all the answers

    What must the Sheriff’s Office do if a Risk Protection Order is vacated or ends?

    <p>Return all surrendered firearms, ammunition, or licenses to carry a concealed weapon or firearm</p> Signup and view all the answers

    Florida Statute 790.401 is intended to permanently prohibit individuals from accessing firearms or ammunition.

    <p>False</p> Signup and view all the answers

    The Sheriff’s Office Law Enforcement, Records Section, and Legal Division personnel are exempt from following this procedure.

    <p>False</p> Signup and view all the answers

    The Risk Protection Order process is only applicable to situations where an individual poses no danger to themselves or others.

    <p>False</p> Signup and view all the answers

    A Petitioner is the individual who files a petition against themselves.

    <p>False</p> Signup and view all the answers

    The primary intention of Florida Statute 790.401 is to restrict constitutional rights.

    <p>False</p> Signup and view all the answers

    The Risk Protection Order is exclusively focused on restricting access to firearms.

    <p>False</p> Signup and view all the answers

    The court considers the Respondent’s mental health crisis or violent behavior when determining whether to issue a Risk Protection Order.

    <p>True</p> Signup and view all the answers

    The primary goal of the Risk Protection Order process is to punish individuals who pose a risk to themselves or others.

    <p>False</p> Signup and view all the answers

    A Temporary Ex Parte Risk Protection Order is valid for up to 12 months.

    <p>False</p> Signup and view all the answers

    The Sheriff's Office is responsible for determining whether to issue a Temporary Ex Parte Risk Protection Order.

    <p>False</p> Signup and view all the answers

    A Final Risk Protection Order is valid for up to 24 months.

    <p>False</p> Signup and view all the answers

    The Respondent can surrender firearms and ammunition to anyone upon service of a Risk Protection Order.

    <p>False</p> Signup and view all the answers

    Violations of a Risk Protection Order are a misdemeanor.

    <p>False</p> Signup and view all the answers

    The Sheriff's Office Legal Division reviews the petition to determine whether to issue a Risk Protection Order.

    <p>False</p> Signup and view all the answers

    A law enforcement officer can serve a Risk Protection Order at any time.

    <p>True</p> Signup and view all the answers

    The Respondent must surrender all firearms and ammunition upon service of a Temporary Ex Parte Risk Protection Order.

    <p>True</p> Signup and view all the answers

    The court may issue an Order Setting Hearing for Final Risk Protection Order without the issuance of a Temporary Ex Parte Risk Protection Order.

    <p>True</p> Signup and view all the answers

    The Sheriff's Office is only responsible for serving the Respondent with the Notice of Hearing and Petition.

    <p>False</p> Signup and view all the answers

    A Petition for a Temporary Ex Parte Risk Protection Order and/or Petition for Risk Protection Order can be filed without allegations of significant danger of causing personal injury to oneself or others.

    <p>False</p> Signup and view all the answers

    The court may issue a Temporary Ex Parte Risk Protection Order without a hearing.

    <p>True</p> Signup and view all the answers

    A Respondent is required to surrender all firearms and ammunition within 14 days of the issuance of the Temporary Ex Parte Risk Protection Order.

    <p>False</p> Signup and view all the answers

    The Sheriff's Office Legal Division reviews the petition to determine if it is legally sufficient.

    <p>True</p> Signup and view all the answers

    The District/Division Commander is responsible for serving the Respondent with the Notice of Hearing and Petition.

    <p>False</p> Signup and view all the answers

    A Petition for a Temporary Ex Parte Risk Protection Order and/or Petition for Risk Protection Order must include an affidavit made under oath, based on personal knowledge.

    <p>True</p> Signup and view all the answers

    The court is required to schedule a hearing for the Final Risk Protection Order within 30 days.

    <p>False</p> Signup and view all the answers

    The Respondent is required to appear in court within 1 day of the issuance of the Temporary Ex Parte Risk Protection Order.

    <p>False</p> Signup and view all the answers

    The Sheriff's Office Legal Division is responsible for coordinating/providing notice to a family or household member of the Respondent and to any third party who may be at risk of violence.

    <p>True</p> Signup and view all the answers

    A Petition for a Temporary Ex Parte Risk Protection Order and/or Petition for Risk Protection Order must include the identification of quantities, types, and locations of all firearms and ammunition the Petitioner believes to be in the Respondent's current ownership, possession, custody, or control.

    <p>True</p> Signup and view all the answers

    A Petition for a Temporary Ex Parte Risk Protection Order can be filed by the Respondent.

    <p>False</p> Signup and view all the answers

    A Temporary Ex Parte Risk Protection Order is a final order granted under Florida Statute 790.401.

    <p>False</p> Signup and view all the answers

    A Risk Protection Order Firearms Receipt is issued for any surrendered firearms, ammunition, or license to carry a concealed weapon.

    <p>True</p> Signup and view all the answers

    A Writ of Bodily Attachment is typically issued when the Respondent appears at a scheduled compliance hearing.

    <p>False</p> Signup and view all the answers

    A Petition for a Risk Protection Order can be filed when the Respondent poses a significant danger of causing personal injury to himself/herself or others in the near future by having in his/her custody or control, or by purchasing, possessing, or receiving a firearm or ammunition.

    <p>True</p> Signup and view all the answers

    The primary intention of Florida Statute 790.401 is to protect the Respondent from harming himself/herself or others.

    <p>True</p> Signup and view all the answers

    A Respondent who fails to appear at a scheduled compliance hearing will not be issued a Writ of Bodily Attachment.

    <p>False</p> Signup and view all the answers

    The Sheriff's Office Legal Division reviews the petition to ensure it is legally sufficient.

    <p>True</p> Signup and view all the answers

    The Respondent is not required to surrender any firearms, ammunition, or license to carry a concealed weapon upon service of a Risk Protection Order.

    <p>False</p> Signup and view all the answers

    A Risk Protection Order is only valid for 6 months.

    <p>False</p> Signup and view all the answers

    The Respondent is not required to surrender any firearms or ammunition if they are not located at the service location.

    <p>True</p> Signup and view all the answers

    The law enforcement officer serving the Risk Protection Order must issue a Risk Protection Order Firearm Receipt to the Respondent only if they surrender firearms or ammunition.

    <p>True</p> Signup and view all the answers

    The deputy must complete a supplement to the agency report causing the action if the Respondent surrenders firearms or ammunition.

    <p>True</p> Signup and view all the answers

    The deputy may seek a search warrant if the Respondent surrenders all firearms and ammunition.

    <p>False</p> Signup and view all the answers

    The deputy must complete a Return of Service within Versadex, ensuring the remarks are utilized for any information needed to update the courts, regardless of whether the Respondent surrenders firearms or ammunition.

    <p>True</p> Signup and view all the answers

    The shift commander must ensure that the Petitioner is notified of all efforts made to serve the Respondent before the Final Hearing date.

    <p>False</p> Signup and view all the answers

    The Respondent is required to surrender their license to carry a concealed weapon or firearm issued under Florida Statute 790.06 upon service of the Risk Protection Order.

    <p>True</p> Signup and view all the answers

    A Respondent can claim their surrendered firearms and ammunition even after one year.

    <p>False</p> Signup and view all the answers

    If the Petitioner is a law enforcement agency other than the Sheriff's Office, the deputy shall complete a Risk Protection Order Firearm Receipt.

    <p>False</p> Signup and view all the answers

    The Legal Division provides notice to the Respondent that the restricted items will be returned.

    <p>False</p> Signup and view all the answers

    A Risk Protection Order must be vacated before restricted items are returned to the Respondent.

    <p>True</p> Signup and view all the answers

    The law enforcement officer serving the Risk Protection Order must provide a copy of the Risk Protection Order Firearm Receipt to the Respondent prior to leaving the scene.

    <p>True</p> Signup and view all the answers

    The Sheriff's Office is responsible for determining whether the Respondent is eligible to own or possess firearms under federal and state law.

    <p>False</p> Signup and view all the answers

    The deputy must send a VMail to update FCIC/NCIC with the 'served' status after serving the Risk Protection Order.

    <p>True</p> Signup and view all the answers

    A Respondent can petition the court to have their Risk Protection Order vacated.

    <p>False</p> Signup and view all the answers

    A Risk Protection Order is only valid for 3 years.

    <p>False</p> Signup and view all the answers

    A Writ of Bodily Attachment can be found in FCIC or NCIC.

    <p>False</p> Signup and view all the answers

    The Respondent can request multiple hearings to vacate a Risk Protection Order.

    <p>False</p> Signup and view all the answers

    A deputy must note that each document is a separate order from the court.

    <p>True</p> Signup and view all the answers

    The court will issue a Writ of Bodily Attachment if the Respondent appears for the Compliance Hearing.

    <p>False</p> Signup and view all the answers

    The Sheriff's Office is responsible for determining the district or jurisdiction where the Respondent can be located.

    <p>True</p> Signup and view all the answers

    If the Respondent is located within one of the five Sheriff's Office Districts, the Writ of Bodily Attachment will be sent to another law enforcement agency for execution.

    <p>False</p> Signup and view all the answers

    The shift commander must ensure all leads are exhausted until the final hearing date noted on the Order Setting Hearing for Final Risk Protection Order or Order to Show Cause has passed.

    <p>True</p> Signup and view all the answers

    The deputy will complete a Return of Service within Versadex only if the Respondent is served.

    <p>True</p> Signup and view all the answers

    A Risk Protection Order is only issued if the Respondent is a danger to themselves.

    <p>False</p> Signup and view all the answers

    The court may consider any relevant evidence when determining whether to extend a Risk Protection Order.

    <p>True</p> Signup and view all the answers

    A Risk Protection Order can be extended for a period of up to 24 months.

    <p>False</p> Signup and view all the answers

    A person other than the Respondent claiming title to firearms or ammunition must be determined by the court to be the lawful owner of the firearm or ammunition.

    <p>False</p> Signup and view all the answers

    A Respondent may elect to transfer all firearms and ammunition owned by the Respondent that have been surrendered to the Sheriff's Office to another person.

    <p>True</p> Signup and view all the answers

    The Sheriff's Office must return all surrendered firearms, ammunition, or licenses to carry a concealed weapon to the Respondent immediately after the Risk Protection Order is vacated or ends.

    <p>False</p> Signup and view all the answers

    If the motion for extension is uncontested, the court must hold a hearing to determine whether to extend the Risk Protection Order.

    <p>False</p> Signup and view all the answers

    The court may consider the Respondent's burden of proof when determining whether to vacate a Risk Protection Order.

    <p>True</p> Signup and view all the answers

    The Sheriff's Office may file a motion to request an extension of a Risk Protection Order at any time after the end of the original Order.

    <p>False</p> Signup and view all the answers

    A Respondent may elect to transfer all firearms and ammunition owned by the Respondent to themselves.

    <p>False</p> Signup and view all the answers

    The court may extend a Risk Protection Order for a period of up to 6 months.

    <p>True</p> Signup and view all the answers

    What is an authorized emergency vehicle according to the Sheriff's Office?

    <p>A Sheriff's Office vehicle designated by the Sheriff</p> Signup and view all the answers

    Who is considered a competent authority in the Sheriff's Office?

    <p>Sheriff, Department Commanders, and Division/District Commanders</p> Signup and view all the answers

    What is an example of an emergency call?

    <p>A situation requiring immediate response to assure safety of persons or property</p> Signup and view all the answers

    What is the purpose of the standard operating procedure?

    <p>To define guidelines for the safe operation of Sheriff's Office vehicles</p> Signup and view all the answers

    What is lane splitting?

    <p>A two-wheeled vehicle moving between lanes of vehicles</p> Signup and view all the answers

    What is an emergency signal device?

    <p>Siren and flashing and/or revolving blue lights</p> Signup and view all the answers

    What is emergency vehicle operation?

    <p>Operation of a Sheriff's Office vehicle with emergency lights and continuous or intermittent use of siren</p> Signup and view all the answers

    What is an authorized person?

    <p>Sheriff's Office personnel to whom a Sheriff's Office vehicle is permanently or temporarily assigned</p> Signup and view all the answers

    What information should the deputy inform the Communications Bureau of during a vehicle stop?

    <p>The location, vehicle tag number, and description of the vehicle and occupants</p> Signup and view all the answers

    What should the deputy prioritize when stopping a suspect vehicle?

    <p>Stopping the vehicle in a location that presents minimal danger to the public</p> Signup and view all the answers

    What is prohibited under emergency escort of civilian vehicles?

    <p>Providing escort services for civilian vehicles</p> Signup and view all the answers

    When can lane splitting be utilized?

    <p>In emergency situations or exigent circumstances</p> Signup and view all the answers

    What should the deputy do after stopping the suspect vehicle?

    <p>Take positions of cover, keeping officer safety in mind</p> Signup and view all the answers

    What should the deputy do if the suspect vehicle refuses to stop?

    <p>Request assistance from support units to facilitate a safe stop</p> Signup and view all the answers

    What is the primary consideration when stopping a suspect vehicle?

    <p>Maintaining officer safety and public safety</p> Signup and view all the answers

    When can a deputy transport an injured or ill person to a treatment facility?

    <p>Only with supervisor approval and in extreme medical emergencies</p> Signup and view all the answers

    What is the primary focus of non-emergency calls for service?

    <p>Criminal acts that are no longer in progress and do not require rapid response</p> Signup and view all the answers

    How should deputies operate Sheriff's Office vehicles during routine calls for service?

    <p>Defensively and safely</p> Signup and view all the answers

    What should Sheriff's Office personnel do when requested to stop by another law enforcement officer?

    <p>Pull over immediately and clearly identify themselves</p> Signup and view all the answers

    What is the primary concern when responding to emergency calls?

    <p>Safety of all persons involved</p> Signup and view all the answers

    What is permitted for Sheriff's Office vehicles engaged in emergency operations?

    <p>Exceeding the speed limit with lights and sirens</p> Signup and view all the answers

    What is required of Sheriff's Office personnel when operating vehicles?

    <p>Following traffic laws and driving defensively</p> Signup and view all the answers

    Who is responsible for the proper use and care of Sheriff's Office vehicles?

    <p>The operator of the vehicle</p> Signup and view all the answers

    What should deputies do when responding to emergency calls?

    <p>Engage emergency lights and sirens and drive safely</p> Signup and view all the answers

    What is the primary concern for Sheriff's Office personnel engaged in emergency responses?

    <p>The safety of all persons involved</p> Signup and view all the answers

    What is required of Sheriff's Office personnel when operating vehicles in emergency situations?

    <p>Exercising good judgment and driving safely</p> Signup and view all the answers

    Under what circumstances can a Sheriff's Office vehicle be parked in roadways or traffic lanes?

    <p>Only when necessary to protect crash scenes or injured persons</p> Signup and view all the answers

    What is required when using a Sheriff's Office vehicle to protect a crash scene or injured person?

    <p>All of the above</p> Signup and view all the answers

    What is required when transporting children?

    <p>Use a child restraint device</p> Signup and view all the answers

    What information should be supplied to the radio dispatcher when making a traffic stop?

    <p>Location of the stop, vehicle tag, and description of the vehicle</p> Signup and view all the answers

    When should flashing emergency lights be turned off during a traffic stop?

    <p>When the traffic stop is in a residential area at night</p> Signup and view all the answers

    What is the purpose of using signals and/or public address system during a traffic stop?

    <p>To direct the violator to a suitable stopping point</p> Signup and view all the answers

    Why should private driveways, gas stations, or other areas providing access to business establishments be avoided for traffic stops?

    <p>To avoid inconveniencing property owners or patrons</p> Signup and view all the answers

    When should a deputy notify the Communications Bureau during a high-risk traffic stop?

    <p>As soon as possible</p> Signup and view all the answers

    What is the purpose of activating emergency lights and/or siren during a traffic stop?

    <p>To signal the driver to stop</p> Signup and view all the answers

    What should happen to a Sheriff's Office vehicle after protecting a crash scene or injured person?

    <p>It should be moved to the shoulder of the road or off the road</p> Signup and view all the answers

    Sheriff's Office vehicles can be parked in roadways or traffic lanes at any time.

    <p>False</p> Signup and view all the answers

    A child restraint device is not required when transporting children in a Sheriff's Office vehicle.

    <p>False</p> Signup and view all the answers

    Authorization from a supervisor is required for an emergency response.

    <p>False</p> Signup and view all the answers

    Deputies can use their personal vehicles for traffic stops.

    <p>False</p> Signup and view all the answers

    Flashing emergency lights must always be turned on at night during a traffic stop.

    <p>False</p> Signup and view all the answers

    Deputies are required to use private driveways or gas stations for traffic stops.

    <p>False</p> Signup and view all the answers

    Any vehicle can be used for high-risk traffic stops.

    <p>False</p> Signup and view all the answers

    Deputies can ignore parking laws under normal circumstances.

    <p>False</p> Signup and view all the answers

    Sheriff's Office vehicles can be used to protect minor crash scenes.

    <p>False</p> Signup and view all the answers

    Flares are not necessary when protecting crash scenes or injured persons.

    <p>False</p> Signup and view all the answers

    A deputy should stop a suspect vehicle as soon as possible, even without adequate support.

    <p>False</p> Signup and view all the answers

    A deputy can provide an emergency escort of a civilian vehicle if requested.

    <p>False</p> Signup and view all the answers

    Lane splitting is allowed during routine patrol for traffic violations.

    <p>False</p> Signup and view all the answers

    A deputy should keep the suspect vehicle within view, but not request assistance in making the stop.

    <p>False</p> Signup and view all the answers

    A deputy should signal the violator to stop without using emergency equipment.

    <p>False</p> Signup and view all the answers

    A deputy can transport an injured or ill person to a treatment facility in a Sheriff's Office vehicle without supervisor approval.

    <p>False</p> Signup and view all the answers

    Once stopped, deputies should approach the vehicle immediately without taking positions of cover.

    <p>False</p> Signup and view all the answers

    A deputy should only remove the driver from the suspect vehicle.

    <p>False</p> Signup and view all the answers

    Lane splitting is only permitted for Sheriff's Office vehicles.

    <p>False</p> Signup and view all the answers

    All Sheriff's Office personnel are authorized to operate emergency vehicles.

    <p>False</p> Signup and view all the answers

    An emergency call is only limited to situations that require immediate law enforcement response to assure the safety of persons or property.

    <p>False</p> Signup and view all the answers

    The Competent Authority includes only the Sheriff and Department Commanders.

    <p>False</p> Signup and view all the answers

    Emergency vehicle operation is defined as the operation of a Sheriff's Office vehicle with only emergency lights.

    <p>False</p> Signup and view all the answers

    The purpose of the standard operating procedure is to define guidelines for the routine and emergency operation of all vehicles.

    <p>False</p> Signup and view all the answers

    When responding to non-emergency calls, Sheriff's Office personnel are required to drive recklessly.

    <p>False</p> Signup and view all the answers

    Only authorized personnel are permitted to operate Sheriff's Office vehicles.

    <p>True</p> Signup and view all the answers

    The scope of this procedure applies to all law enforcement personnel in the state.

    <p>False</p> Signup and view all the answers

    Authorized emergency vehicles are designated by the Department Commanders.

    <p>False</p> Signup and view all the answers

    Sheriff's Office personnel are exempt from following traffic laws during emergency responses.

    <p>False</p> Signup and view all the answers

    Operators of Sheriff's Office vehicles are not responsible for the proper use and care of the vehicle and its accessories.

    <p>False</p> Signup and view all the answers

    Seat belts are not required to be worn at all times while operating a Sheriff's Office vehicle.

    <p>False</p> Signup and view all the answers

    When requested to stop by another law enforcement officer, Sheriff's Office personnel may refuse to stop.

    <p>False</p> Signup and view all the answers

    Sheriff's Office personnel are not required to exercise a greater degree of care while backing their vehicle.

    <p>False</p> Signup and view all the answers

    Hazardous warning lights, spotlights, and public address systems may not be used during emergency operations.

    <p>False</p> Signup and view all the answers

    Sheriff's Office personnel are not required to report to their supervisor if detained by another law enforcement officer.

    <p>False</p> Signup and view all the answers

    The primary focus of the standard operating procedure is to ensure the safety of Sheriff's Office personnel only.

    <p>False</p> Signup and view all the answers

    Study Notes

    Purpose and Scope

    • The standard operating procedure (SOP) outlines guidelines for seizing firearms, ammunition, and concealed weapons licenses pursuant to Temporary Ex Parte Risk Protection Orders and Risk Protection Orders.
    • The SOP applies to Sheriff's Office Law Enforcement, Records Section, and Legal Division personnel.

    Florida Statute 790.401

    • The statute allows law enforcement to obtain a court order to prohibit individuals from possessing firearms when they pose a significant danger to themselves or others.
    • The statute aims to reduce deaths and injuries while respecting constitutional rights.

    Definitions

    • Petitioner: a law enforcement officer or agency that files a petition for a Risk Protection Order.
    • Respondent: the individual who poses a significant danger of causing personal injury to themselves or others.
    • Risk Protection Order: a final order granted under Florida Statute 790.401.
    • Temporary Ex Parte Risk Protection Order: a temporary order issued without notice to the Respondent before a hearing.

    Filing a Petition for Risk Protection Order

    • A petition can be filed when a law enforcement officer believes an individual poses a significant danger of causing personal injury to themselves or others.
    • The petition must include:
      • Allegations of the Respondent's significant danger.
      • An affidavit made under oath, stating specific facts that give rise to a reasonable fear of significant danger.
      • Identification of quantities, types, and locations of firearms and ammunition.
      • Identification of any existing protection orders.

    Hearing for Risk Protection Order

    • The court must hold a hearing within 14 days of the petition filing.
    • If the court finds cause to believe the Respondent poses a significant danger, a Temporary Ex Parte Risk Protection Order may be issued.
    • The Respondent must surrender all firearms, ammunition, and concealed weapons licenses.

    Service of Risk Protection Order

    • The Sheriff's Office is responsible for serving the Risk Protection Order.
    • The Order is enforceable throughout Florida, and violations are a felony of the third degree.

    Service of Temporary Ex Parte Risk Protection Order

    • The Sheriff's Office Civil Process Section will enter the Order into Versadex and FCIC/NCIC.
    • The Sheriff's Office will serve the Order, and the Respondent must surrender all firearms, ammunition, and concealed weapons licenses.
    • If the Respondent is not served, the Sheriff's Office will continue to attempt service until the Final Hearing date.

    Search Warrant

    • If the Respondent has not surrendered the restricted items and the deputy has probable cause, a search warrant may be obtained.
    • The search warrant will be executed, and any restricted items found will be impounded.

    Service of Order Setting Hearing for Risk Protection Order and Orders to Show Cause

    • The Sheriff's Office will serve the Order Setting Hearing for Risk Protection Order and Orders to Show Cause.
    • Every attempt at service will be annotated with corresponding remarks within Versadex.
    • If the Respondent is served, the deputy will complete a Return of Service within Versadex.### Writ of Bodily Attachment
    • If the Respondent is located within another law enforcement agency's jurisdiction, the Writ of Bodily Attachment shall be sent to that agency for execution
    • Caution must be utilized when taking the Respondent into custody, as the Writ often results from non-compliance with court orders to surrender firearms and concealed weapons permits

    Proceedings after Granting of a Risk Protection Order

    • The Respondent may submit one written request for a hearing to vacate a Risk Protection Order, starting after the date of issuance, and may request another hearing after every extension
    • The court must hold a hearing no sooner than 14 days and no later than 30 days after the service of Respondent's request upon the Sheriff's Office
    • The Respondent has the burden of proving by clear and convincing evidence that they do not pose a significant danger of causing personal injury to themselves or others by having in their custody or control, purchasing, possessing, or receiving a firearm or ammunition

    Extension of a Risk Protection Order

    • The Sheriff's Office may file a motion to request an extension of a Risk Protection Order at any time within 30 days before the end of the original Order
    • The court shall hold a hearing within 14 days, and the Respondent must be served with the notice of hearing
    • The court may extend a Risk Protection Order for a period deemed appropriate, up to and including, but not exceeding, 12 months

    Return, Transfer, and Disposal of Firearms and Ammunition

    • If a person other than the Respondent claims title to surrendered firearms or ammunition, they shall be returned to that person if they agree to store them in a manner where the Respondent has no access or control
    • A Respondent may elect to transfer all surrendered firearms and ammunition to another person, who must agree to receive them and store them in a manner where the Respondent has no access or control
    • If a Risk Protection Order is vacated or ends without extension, the Sheriff's Office must return all surrendered firearms, ammunition, or licenses to carry a concealed weapon or firearm, but only after confirming the Respondent's eligibility to own or possess firearms and confirming with the court that the Order has been vacated or ended without extension

    Purpose and Scope

    • The standard operating procedure (SOP) outlines guidelines for seizing firearms, ammunition, and concealed weapons licenses pursuant to Temporary Ex Parte Risk Protection Orders and Risk Protection Orders.
    • The SOP applies to Sheriff's Office Law Enforcement, Records Section, and Legal Division personnel.

    Florida Statute 790.401

    • The statute allows law enforcement to obtain a court order to prohibit individuals from possessing firearms when they pose a significant danger to themselves or others.
    • The statute aims to reduce deaths and injuries while respecting constitutional rights.

    Definitions

    • Petitioner: a law enforcement officer or agency that files a petition for a Risk Protection Order.
    • Respondent: the individual who poses a significant danger of causing personal injury to themselves or others.
    • Risk Protection Order: a final order granted under Florida Statute 790.401.
    • Temporary Ex Parte Risk Protection Order: a temporary order issued without notice to the Respondent before a hearing.

    Filing a Petition for Risk Protection Order

    • A petition can be filed when a law enforcement officer believes an individual poses a significant danger of causing personal injury to themselves or others.
    • The petition must include:
      • Allegations of the Respondent's significant danger.
      • An affidavit made under oath, stating specific facts that give rise to a reasonable fear of significant danger.
      • Identification of quantities, types, and locations of firearms and ammunition.
      • Identification of any existing protection orders.

    Hearing for Risk Protection Order

    • The court must hold a hearing within 14 days of the petition filing.
    • If the court finds cause to believe the Respondent poses a significant danger, a Temporary Ex Parte Risk Protection Order may be issued.
    • The Respondent must surrender all firearms, ammunition, and concealed weapons licenses.

    Service of Risk Protection Order

    • The Sheriff's Office is responsible for serving the Risk Protection Order.
    • The Order is enforceable throughout Florida, and violations are a felony of the third degree.

    Service of Temporary Ex Parte Risk Protection Order

    • The Sheriff's Office Civil Process Section will enter the Order into Versadex and FCIC/NCIC.
    • The Sheriff's Office will serve the Order, and the Respondent must surrender all firearms, ammunition, and concealed weapons licenses.
    • If the Respondent is not served, the Sheriff's Office will continue to attempt service until the Final Hearing date.

    Search Warrant

    • If the Respondent has not surrendered the restricted items and the deputy has probable cause, a search warrant may be obtained.
    • The search warrant will be executed, and any restricted items found will be impounded.

    Service of Order Setting Hearing for Risk Protection Order and Orders to Show Cause

    • The Sheriff's Office will serve the Order Setting Hearing for Risk Protection Order and Orders to Show Cause.
    • Every attempt at service will be annotated with corresponding remarks within Versadex.
    • If the Respondent is served, the deputy will complete a Return of Service within Versadex.### Writ of Bodily Attachment
    • If the Respondent is located within another law enforcement agency's jurisdiction, the Writ of Bodily Attachment shall be sent to that agency for execution
    • Caution must be utilized when taking the Respondent into custody, as the Writ often results from non-compliance with court orders to surrender firearms and concealed weapons permits

    Proceedings after Granting of a Risk Protection Order

    • The Respondent may submit one written request for a hearing to vacate a Risk Protection Order, starting after the date of issuance, and may request another hearing after every extension
    • The court must hold a hearing no sooner than 14 days and no later than 30 days after the service of Respondent's request upon the Sheriff's Office
    • The Respondent has the burden of proving by clear and convincing evidence that they do not pose a significant danger of causing personal injury to themselves or others by having in their custody or control, purchasing, possessing, or receiving a firearm or ammunition

    Extension of a Risk Protection Order

    • The Sheriff's Office may file a motion to request an extension of a Risk Protection Order at any time within 30 days before the end of the original Order
    • The court shall hold a hearing within 14 days, and the Respondent must be served with the notice of hearing
    • The court may extend a Risk Protection Order for a period deemed appropriate, up to and including, but not exceeding, 12 months

    Return, Transfer, and Disposal of Firearms and Ammunition

    • If a person other than the Respondent claims title to surrendered firearms or ammunition, they shall be returned to that person if they agree to store them in a manner where the Respondent has no access or control
    • A Respondent may elect to transfer all surrendered firearms and ammunition to another person, who must agree to receive them and store them in a manner where the Respondent has no access or control
    • If a Risk Protection Order is vacated or ends without extension, the Sheriff's Office must return all surrendered firearms, ammunition, or licenses to carry a concealed weapon or firearm, but only after confirming the Respondent's eligibility to own or possess firearms and confirming with the court that the Order has been vacated or ended without extension

    Guidelines for Safe Operation of Sheriff's Office Vehicles

    • The purpose of this standard operating procedure is to define guidelines for the safe operation of Sheriff's Office vehicles.

    Scope

    • This procedure applies to all Sheriff's Office personnel regarding the routine and emergency operation of Sheriff's Office vehicles.

    Definitions

    • Authorized Emergency Vehicle: Sheriff's Office vehicles designated by the Sheriff.
    • Authorized Persons: Sheriff's Office personnel to whom a Sheriff's Office vehicle is permanently or temporarily assigned, fleet maintenance personnel, and personnel of automotive repair agencies for purposes of vehicle maintenance.
    • Competent Authority: Sheriff, Department Commanders, and Division/District Commanders.
    • Emergency Call: A situation that requires immediate law enforcement response to assure the safety of persons or property, or to apprehend a criminal suspect.
    • Emergency Signal Device: Siren and flashing and/or revolving blue lights, which meet the requirements of Florida Statutes.
    • Emergency Vehicle Operation: Operation of a Sheriff's Office vehicle with emergency lights and continuous or intermittent use of siren in response to an impending threat to human safety.
    • Lane Splitting: Refers to a two-wheeled vehicle moving between lanes of vehicles that are proceeding in the same direction.
    • Non-Emergency Call: A call for service that does not involve a criminal act or threat to life or property, or one that involves a criminal act that is no longer “in-progress”, and there is no reasonable expectation that a suspect will be apprehended as a result of a more rapid law enforcement response.

    Routine Vehicle Operations

    • Operators of Sheriff's Office vehicles shall strictly adhere to all traffic laws and shall drive defensively in a safe and courteous manner.
    • Only authorized persons shall be permitted to operate Sheriff's Office vehicles.
    • Sheriff's Office personnel shall operate Sheriff's Office vehicles only when properly licensed to do so by the State of Florida Department of Highway Safety and Motor Vehicles.

    Requests for Sheriff's Office Vehicles to Stop

    • When requested or commanded to stop by another law enforcement officer, Sheriff's Office personnel shall:
      • Immediately stop, regardless of assignment.
      • Clearly identify self and activity, unless such declaration would nullify or hinder a criminal investigation.
      • When the operator of a Sheriff's Office vehicle continues to be detained by another law enforcement officer, advise the radio dispatcher of the circumstances and request that a supervisor report to the site of detention.

    Emergency Vehicle Operation

    • Sheriff's Office personnel engaged in an emergency response situation are not relieved from the responsibility of driving with due regard for the safety of all persons.
    • While responding to an emergency call, personnel shall:
      • Engage their emergency lights and siren and continuously operate them throughout the emergency response.
      • Proceed in a manner consistent with the laws regulating vehicular traffic.
      • Exceed the maximum speed limit so long as life or property is not endangered.
      • Proceed past a stop signal or stop sign, but only after slowing or stopping as necessary for safe operation.
      • Disregard regulations governing direction of movement or turning in specified direction, as long as life or property is not endangered.
      • Disregard regulations governing parking laws under normal circumstances, except that a Sheriff's Office vehicle shall not block access to a fire hydrant at a fire scene, or in any way obstruct the passage of fire apparatus or emergency medical apparatus.

    Transportation of Children

    • Transportation of children shall be conducted in compliance with Florida Statute 316.613 (Child Restraint Requirements).
    • Child restraint devices are available at each of the district offices.

    Traffic Stops

    • When making a traffic stop, Sheriff's Office personnel shall:
      • Supply the radio dispatcher with available information about the traffic stop.
      • Activate their emergency lights and/or siren to make their presence known and to signal the driver to stop.
      • Make every effort to direct the violator to a suitable stopping point where normal traffic flow will not be impeded through use of signals and/or public address system.

    Emergency Escort of Civilian Vehicles

    • Emergency escort of civilian vehicles is prohibited.
    • Should a civilian request a medical emergency escort, the deputy shall summon an ambulance for treatment and/or transporting of the injured or ill person.

    Emergency Medical Transportation

    • In an extreme medical emergency, it may become necessary for a deputy to transport the injured or ill person to a treatment facility in a Sheriff's Office vehicle.
    • Such transport shall be approved by a supervisor.

    Lane Splitting

    • Lane splitting is expressly prohibited during normal, non-emergency operating conditions, or routine patrol.
    • Lane splitting shall only be utilized if a bona fide emergency or exigent circumstances exist.

    Guidelines for Safe Operation of Sheriff's Office Vehicles

    • The purpose of this standard operating procedure is to define guidelines for the safe operation of Sheriff's Office vehicles.

    Scope

    • This procedure applies to all Sheriff's Office personnel regarding the routine and emergency operation of Sheriff's Office vehicles.

    Definitions

    • Authorized Emergency Vehicle: Sheriff's Office vehicles designated by the Sheriff.
    • Authorized Persons: Sheriff's Office personnel to whom a Sheriff's Office vehicle is permanently or temporarily assigned, fleet maintenance personnel, and personnel of automotive repair agencies for purposes of vehicle maintenance.
    • Competent Authority: Sheriff, Department Commanders, and Division/District Commanders.
    • Emergency Call: A situation that requires immediate law enforcement response to assure the safety of persons or property, or to apprehend a criminal suspect.
    • Emergency Signal Device: Siren and flashing and/or revolving blue lights, which meet the requirements of Florida Statutes.
    • Emergency Vehicle Operation: Operation of a Sheriff's Office vehicle with emergency lights and continuous or intermittent use of siren in response to an impending threat to human safety.
    • Lane Splitting: Refers to a two-wheeled vehicle moving between lanes of vehicles that are proceeding in the same direction.
    • Non-Emergency Call: A call for service that does not involve a criminal act or threat to life or property, or one that involves a criminal act that is no longer “in-progress”, and there is no reasonable expectation that a suspect will be apprehended as a result of a more rapid law enforcement response.

    Routine Vehicle Operations

    • Operators of Sheriff's Office vehicles shall strictly adhere to all traffic laws and shall drive defensively in a safe and courteous manner.
    • Only authorized persons shall be permitted to operate Sheriff's Office vehicles.
    • Sheriff's Office personnel shall operate Sheriff's Office vehicles only when properly licensed to do so by the State of Florida Department of Highway Safety and Motor Vehicles.

    Requests for Sheriff's Office Vehicles to Stop

    • When requested or commanded to stop by another law enforcement officer, Sheriff's Office personnel shall:
      • Immediately stop, regardless of assignment.
      • Clearly identify self and activity, unless such declaration would nullify or hinder a criminal investigation.
      • When the operator of a Sheriff's Office vehicle continues to be detained by another law enforcement officer, advise the radio dispatcher of the circumstances and request that a supervisor report to the site of detention.

    Emergency Vehicle Operation

    • Sheriff's Office personnel engaged in an emergency response situation are not relieved from the responsibility of driving with due regard for the safety of all persons.
    • While responding to an emergency call, personnel shall:
      • Engage their emergency lights and siren and continuously operate them throughout the emergency response.
      • Proceed in a manner consistent with the laws regulating vehicular traffic.
      • Exceed the maximum speed limit so long as life or property is not endangered.
      • Proceed past a stop signal or stop sign, but only after slowing or stopping as necessary for safe operation.
      • Disregard regulations governing direction of movement or turning in specified direction, as long as life or property is not endangered.
      • Disregard regulations governing parking laws under normal circumstances, except that a Sheriff's Office vehicle shall not block access to a fire hydrant at a fire scene, or in any way obstruct the passage of fire apparatus or emergency medical apparatus.

    Transportation of Children

    • Transportation of children shall be conducted in compliance with Florida Statute 316.613 (Child Restraint Requirements).
    • Child restraint devices are available at each of the district offices.

    Traffic Stops

    • When making a traffic stop, Sheriff's Office personnel shall:
      • Supply the radio dispatcher with available information about the traffic stop.
      • Activate their emergency lights and/or siren to make their presence known and to signal the driver to stop.
      • Make every effort to direct the violator to a suitable stopping point where normal traffic flow will not be impeded through use of signals and/or public address system.

    Emergency Escort of Civilian Vehicles

    • Emergency escort of civilian vehicles is prohibited.
    • Should a civilian request a medical emergency escort, the deputy shall summon an ambulance for treatment and/or transporting of the injured or ill person.

    Emergency Medical Transportation

    • In an extreme medical emergency, it may become necessary for a deputy to transport the injured or ill person to a treatment facility in a Sheriff's Office vehicle.
    • Such transport shall be approved by a supervisor.

    Lane Splitting

    • Lane splitting is expressly prohibited during normal, non-emergency operating conditions, or routine patrol.
    • Lane splitting shall only be utilized if a bona fide emergency or exigent circumstances exist.

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    This quiz covers the concepts of Respondent, Risk Protection Order, and Temporary Ex Parte Risk Protection Order in Florida Statute 790.401.

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