16 Questions
If an issuing judge grants written authorization, what must the injunction specify?
Whether service firearms and ammunition can be carried on duty and/or off duty
When must an employee leave their assigned motor vehicle at the District/Division?
When the issuing judge specifies it in the written authorization
What happens to an employee who exhibits behavior or conduct that brings into question their fitness for duty?
They are referred for a fitness-for-duty evaluation
What happens to an employee who is determined to be unfit for duty?
They are not permitted to return to full duty until cleared by a psychological professional
What happens to an employee if the issuing judge denies authorization to carry service firearms and ammunition on duty?
They are placed on administrative leave
Who has discretionary authority under Florida Statute 790.233?
The Sheriff
What must an employee do when an injunction has been amended, expires, or has been recalled by the court?
Notify their supervisor or shift commander
What must an employee do if they are placed on administrative leave?
Leave their assigned motor vehicle at the District/Division
What is the interpretation of the federal law regarding possession of firearms by sworn personnel?
It does not prohibit possession of firearms and ammunition by sworn personnel if their official duties require it.
What should an employee do immediately after being served with a Temporary Injunction for Protection and Notice of Hearing?
Notify their immediate supervisor or shift commander.
Who takes possession of the Sheriff's Office issued firearms and ammunition when an injunction is served on a sworn employee?
The employee's supervisor, shift commander, or designee.
What should the supervisor do after taking possession of the firearms and ammunition?
Direct the employee to the Professional Standards Section with a copy of the injunction.
What is the role of the Professional Standards Section in regards to the Temporary Injunction?
To log the Temporary Injunction and take no further action unless a review of the facts shows that an investigation is warranted.
What is the requirement for an employee to possess firearms and ammunition after receiving a Temporary Injunction?
Written authorization from the issuing judge to carry service firearms and ammunition.
What is the purpose of the supervisor contacting a detective or supervisor in the Professional Standards Section?
To advise them of the referral and ensure the employee responds to the Professional Standards Section.
What should the employee do if service of the injunction is after hours?
Immediately notify the supervisor or shift commander via phone or email.
Study Notes
Handling Domestic Violence Injunctions on SO Employees
- The federal law allows sworn personnel to possess firearms and ammunition on duty, but not in personal capacity.
Reporting and Notification
- Employees served with a Temporary Injunction for Protection and Notice of Hearing must immediately report to their supervisor or shift commander.
- If the supervisor is unavailable, the employee should notify the on-duty shift commander or designee.
Injunction Procedure
- The supervisor, shift commander, or designee takes possession of all Sheriff's Office-issued firearms and ammunition from the served employee.
- The employee is directed to the Professional Standards Section with a copy of the injunction.
Professional Standards Section
- A supervisor in the Professional Standards Section logs the Temporary Injunction, but takes no action unless a review of the facts warrants an investigation.
Firearms and Ammunition Possession
- Employees under injunction cannot possess firearms or ammunition, except those authorized by the Sheriff's Office and for which they have qualified.
- Written authorization from the issuing judge is required for carrying service firearms and ammunition.
- Authorization specifies whether service firearms and ammunition can be carried on-duty and/or off-duty, including law enforcement-related off-duty details.
Fitness for Duty
- Employees exhibiting questionable behavior or conduct are referred for a fitness-for-duty evaluation pursuant to GEN SOP 213.01.
- Personnel deemed unfit for duty are not permitted to return to full duty until cleared by a psychological professional.
Administrative Leave and Vehicle Surrender
- If written authorization is denied, employees are placed on administrative leave and must surrender their assigned motor vehicle at the District/Division.
Sheriff's Discretionary Authority
- The Sheriff has authority under Florida Statute 790.233 to prohibit firearm possession by an employee, even if not prohibited by an injunction or allowed by written authorization.
Injunction Updates and Expiration
- Employees must notify their supervisor or shift commander when an injunction is amended, expires, or is recalled by the court.
Learn about the rules and regulations surrounding domestic violence injunctions for sworn personnel, including firearms possession and reporting requirements.
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