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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL (Pinellas County Clerk of the Circuit Court and Comptroller)

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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
ADMINISTRATIVE ORDER NO. 2016-006 PI-CIR
RE: PROCEDURES FOR RETURN OF FIREARMS – PINELLAS COUNTY
Section 933.14(3), Florida Statutes, provides that no firearm seized by law enforcement
with a search warrant or without a search warrant upon view by an officer of a breach of the
peace shall be returned except upon court order. It is necessary for the efficient administration of
justice to establish a uniform procedure in Pinellas County for determining the appropriateness
of ordering the return of firearms taken by law enforcement under section 933.14(3), Florida
Statutes, where no arrest was made and no charges were filed.
In order to provide for the timely and uniform disposition of petitions for the return of
firearms within Pinellas County, and in accordance with Article V, section 2, Florida
Constitution, Rule of Judicial Administration 2.215, and section 43.26, Florida Statutes, it is
ORDERED:
1. Any person who seeks the return of a firearm seized by law enforcement under
section 933.14(3), Florida Statutes, where no arrest was made and no case was filed must file a
Petition for Return of Firearm(s) with the Clerk of Court. The petition must be sworn and must
be served on the law enforcement agency in possession of the firearm(s). A form Petition for
Return of Firearm(s) is attached to this administrative order as Attachment A.
2. All Petitions for Return of Firearm(s) must specifically identify the firearm(s)
and/or ammunition sought to be returned and must further allege that (1) the firearm(s) and/or
ammunition is/are the petitioner’s personal property; (2) the firearm(s) and/or ammunition is/are
not the fruit of criminal activity and was/were not involved in criminal activity; (3) the firearm(s)
and/or ammunition is/are not being held as evidence by the relevant law enforcement agency; (4)
the petitioner is not prohibited from possessing a firearm under any provision of Florida or
federal law, including 18 U.S.C. 922(g)(9); (5) the petitioner has not been convicted of a
misdemeanor crime of domestic violence, and has not had adjudication of guilt withheld or the
imposition of a sentence suspended on any misdemeanor crime of domestic violence unless 3
years have elapsed since probation or any other conditions set by the relevant court have been
fulfilled or expunction has occurred; (6) the petitioner is not prohibited from possessing a firearm
and/or ammunition pursuant to the terms of any pretrial release, bond, probation, or any other
type of community supervision or court program; (7) the petitioner has not been Baker Acted as
a result of this incident or otherwise. If the petitioner has been Baker Acted, the petitioner will
provide the Judge with a copy of the documents furnished to the petitioner or the petitioner’s
representative by the facility, upon or after discharge of the petitioner from the facility, which
contain any evaluations, diagnoses, prognoses, recommended course of treatment, and
recommended or prescribed medications; (8) the petitioner does not have an active Domestic
Violence Injunction or a Repeat Violence Injunction against him/her; (9) the petitioner has not
been adjudicated mentally defective as defined by section 790.065(2)(a)4.a., Florida Statutes, or
if the petitioner has been adjudicated mentally defective, the petitioner has had his or her
capacity restored by a court for at least 5 years from the date of the Petition for Return of
Firearm(s); and (10) the petitioner has not been committed to a mental institution as defined in
section 790.065(2)(a)4.b., Florida Statutes, or if the petitioner has been committed to a mental
institution, the petitioner possesses a certificate from a licensed psychiatrist that he or she has not
suffered from a mental disability for at least 5 years since the commitment to a mental
institution.
3. The petitioner must attach to the petition a copy of the agency report detailing the
circumstances which led to the taking of the firearm(s).
4. All Petitions for Return of Firearm(s) in Pinellas County shall be assigned to
Division J.
5. To obtain a hearing on a petition, the petitioner must contact the Division J
judicial assistant to be assigned a hearing date. Once assigned a hearing date, the petitioner is
responsible for preparing a notice of hearing and serving it on the law enforcement agency in
possession of the firearm(s) no less than 14 days prior to the hearing date. The notice shall be
hand delivered or sent via certified mail to the law enforcement agency. A form notice of
hearing is attached to this administrative order as Attachment B.
6. Should the petitioner and the law enforcement agency stipulate to the return of the
firearm(s) without a hearing, a proposed order authorizing the release of the firearm(s) must
accompany the stipulation. A form proposed order is attached to this administrative order as
Attachment C.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this
_____ day of February, 2016.
ORIGINAL SIGNED ON FEBRUARY 18, 2016
BY ANTHONY RONDOLINO, CHIEF JUDGE
Attachment A: Petition for Return of Firearm(s)
Attachment B: Notice of Hearing
Attachment C: Order on Petition for Return of Firearm(s)
cc: All Judges
The Honorable Bernie McCabe, State Attorney
The Honorable Bob Dillinger, Public Defender
The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County
The Honorable Bob Gualtieri, Sheriff, Pinellas County
Gay Inskeep, Trial Courts Administrator
Ngozi Acholonu, Assistant Regional Counsel
Bar Associations, Pasco and Pinellas Counties
Law Libraries, Pasco and Pinellas Counties
Pinellas County Law Enforcement
Sixth Circuit Administrative Order 2016-006 - Attachment A
Page 1 of 3
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA IN AND FOR PINELLAS COUNTY
CRIMINAL DIVISION
_________________________________,
Petitioner,
Case Number: ________________________
v.
_________________________________,
Respondent (Law Enforcement Agency).
PETITION FOR RETURN OF FIREARM(S)
COMES NOW, Petitioner, ____________________________________, and hereby
(Petitioner’s printed name)
requests an order directing Respondent to return his/her firearm(s) and/or ammunition and as
grounds would state as follows:
1. On ______________, the _________________________ took the following firearm(s)
(Date) (Law enforcement agency)
and/or ammunition:
________________________________________________________________________
_______________________________________________________________________.
(Specifically identify the firearm(s) and/or ammunition sought to be returned, including the make, model,
caliber, and/or gauge of each firearm and the amount and type of ammunition. Attach a separate sheet, if
necessary.)
2. I have attached a copy of agency report __________________________ from the
(Agency report number)
__________________________________ that describes the circumstances leading to the
(Law enforcement agency)
taking of the above property.
3. The firearm(s) (and, if applicable, ammunition) is/are my personal property. I have
included copies of any supporting documentation.
4. The firearm(s) and/ or ammunition is/are not the fruit of criminal activity and was/were
not involved in criminal activity.
5. The firearm(s) and/or ammunition is/are not being held as evidence by the law
enforcement agency.
6. To the best of my knowledge, _______________________________ located at
(Law enforcement agency)
Sixth Circuit Administrative Order 2016-006 - Attachment A
Page 2 of 3
__________________________________ is in possession of the firearm(s) and/or
(Address of law enforcement agency)
ammunition.
7. I am not prohibited from possessing a firearm and/or ammunition under any provision of
Florida or federal law.
8. I have not been convicted of a misdemeanor crime of domestic violence, and I have not
had adjudication of guilt withheld or imposition of sentence suspended on any
misdemeanor crime of domestic violence unless 3 years have elapsed since probation or
any other conditions set by the court have been fulfilled or expunction has occurred.
9. I am not prohibited from possessing a firearm and/or ammunition pursuant to the terms of
any pretrial release, bond, probation, or any other type of community supervision or court
program.
10. I was/was not (circle one) Baker Acted as a result of this incident or otherwise. (Note: If
the petitioner has been Baker Acted, the petitioner must provide the Judge with a copy of
the documents furnished to the petitioner or the petitioner’s representative by the facility,
upon or after discharge of the petitioner from the facility, which contain any evaluations,
diagnosis, prognoses, recommended course of treatment, and recommended or prescribed
medications.)
11. I do not have an active Domestic Violence Injunction or a Repeat Violence Injunction
against me.
12. I do not have a Domestic Violence Injunction or a Repeat Violence Injunction pending
against me.
13. I have not been adjudicated mentally defective as defined by section 790.065(2)(a)4.a.,
Florida Statutes, or if I had been adjudicated mentally defective, I have had my capacity
restored by a court for at least 5 years from today’s date.
14. I have not been committed to a mental institution as defined in section 790.065(2)(a)4.b.,
Florida Statutes, or if I had been committed to a mental institution, I possess a certificate
from a licensed psychiatrist that I have not suffered from a mental disability for at least
5 years since the commitment to a mental institution.
15. My date of birth is: _____________________________.
(Date of birth)
WHEREFORE, Petitioner requests that the Court order Respondent to return the above
firearm(s) and/or ammunition to Petitioner.
Sixth Circuit Administrative Order 2016-006 - Attachment A
Page 3 of 3
Under penalties of perjury, I declare that I have read this petition and that the statements
in it are true and correct.
Signed this _____ day of _______________________, 20____.
____________________________________
(Petitioner’s signature)
____________________________________
(Petitioner’s printed name)
____________________________________
(Petitioner’s address)
____________________________________
(Petitioner’s city, state, zip code)
____________________________________
(Petitioner’s telephone number)
____________________________________
(Petitioner’s e-mail address, if applicable)
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Petition for Return of Firearm(s) has been furnished to
Respondent, ___________________________________________________________________,
(Law enforcement agency)
_____________________________________________________________________________,
(Address of law enforcement agency)
by U.S. mail or by hand delivery to the law enforcement agency’s front desk on this _____ day
of _________________________, 20____.
____________________________________
(Petitioner’s signature)
____________________________________
(Petitioner’s printed name)
Sixth Circuit Administrative Order 2016-006 - Attachment B
Page 1 of 1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA IN AND FOR PINELLAS AND PASCO COUNTIES
CRIMINAL DIVISION
_____________________________,
Petitioner,
Case Number: __________________
v.
_____________________________,
Respondent (Law enforcement agency).
NOTICE OF HEARING
TO: _________________________________
(Name, legal counsel)
_________________________________
(Law enforcement agency)
_________________________________
(Street address)
_________________________________
(City, State, Zip)
YOU ARE HEREBY NOTIFIED that the Petitioner’s Petition for Return of Firearm(s)
has been scheduled for a hearing before the Honorable _______________________________, in
(Judge name)
Courtroom _______ at the _______________________________________, on the ______ day
(Courtroom number) (Courthouse name) (Day)
of ________________, 20____, at ____:____ a.m. / p.m. or as soon thereafter as may be heard.
(Month) (Year) (Time) (Circle one)
DATED this _____ day of _____________________, 20____.
Respectfully submitted,
____________________________________
(Petitioner’s signature)
____________________________________
Copies furnished to: (Petitioner’s printed name)
____________________________________
(Petitioner’s address)
Courtesy copy to Judge ____________________________________
(Petitioner’s city, state, zip code)
_____________________________ ____________________________________
(Law enforcement agency) (Petitioner’s telephone number)
____________________________________
(Petitioner’s e-mail address, if applicable)
Sixth Circuit Administrative Order 2016-006 - Attachment C
Page 1 of 1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA IN AND FOR PINELLAS COUNTY
CRIMINAL DIVISION
_________________________________,
Petitioner,
Case Number: ________________________
v.
_________________________________,
Respondent (Law Enforcement Agency).
ORDER ON PETITION FOR RETURN OF FIREARM(S)
THIS CAUSE came before the Court on Petitioner’s Petition for Return of Firearm(s).
The Court having reviewed the Petition, taken testimony, heard argument, and being otherwise
fully advised in the premises, it is:
ORDERED AND ADJUDGED that Petitioner’s Petition for Return of Firearm(s) is
hereby GRANTED / DENIED as to the following firearm(s):
1. _____________________________________________________________________
2. _____________________________________________________________________
3. _____________________________________________________________________
4. _____________________________________________________________________
5. _____________________________________________________________________
DONE AND ORDERED in ________________________, ___________________
County, this ______ day of ______________________, 20____.
___________________________________
Circuit Court Judge
Copies furnished to:
Petitioner
Respondent
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL (Pinellas County Clerk of the Circuit Court and Comptroller)

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Completed 9 February 2021

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