Florida Risk Protection Order

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.

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