Fillable Petitioner (Law Enforcement Officer/Agency) (Florida)

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Petitioner (Law Enforcement Officer/Agency) (Florida)

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IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
,
Petitioner
(Law Enforcement Officer/Agency)
Case No.:
v. Division:
,
Respondent
FINAL RISK PROTECTION ORDER
[AND NOTICE OF HEARING]
A Petition for a Risk Protection Order under Section 790.401, Florida Statutes, and other
papers filed in this court have been reviewed. The Court has jurisdiction of the parties and
subject matter.
SECTION I. HEARING
The cause came before the Court for a hearing to determine whether a Final Risk
Protection Order should be _____ issued ______ modified _______ extended.
The Final Hearing was attended by:
Petitioner Petitioner’s Counsel
Respondent Respondent’s Counsel
SECTION II. EVIDENCE and FINDINGS
On {date}_____________________________, a notice of this hearing was served upon
the Respondent together with a copy of the Petition For Risk Protection Order and any other
relevant papers, and if issued, a Temporary Risk Protection Order. Service was within the time
required by Florida law and the Respondent was given an opportunity to be heard.
The Court has received evidence that:
the Respondent engaged in a recent act or threat of violence against themselves
or others;
the Respondent engaged in an act or threat of violence, including but not limited
to acts or threats of violence against themselves, within the past 12 months;
the Respondent may be seriously mentally ill or may have recurring mental
health issues;
the Respondent has violated a risk protection order or no contact order issued
under section(s) 741.30, 784.046, or 784.0485, Florida Statutes;
the Respondent is the subject of a previous or existing risk protection order;
the Respondent has violated a previous or existing risk protection order;
the Respondent has been convicted of, had adjudication withheld on, or pled nolo
contendere in Florida or in any other state to a crime that constitutes domestic
violence as defined in s. 741.28, Florida Statutes;
the Respondent has used, or threatened to use, against themselves or others, any
weapons;
the Respondent has unlawfully or recklessly used, displayed, or brandished a
firearm;
the Respondent has used, or threatened to use on a recurring basis, physical force
against another person or has stalked another person;
the Respondent has been arrested for, convicted of, had adjudication withheld, or
pled nolo contendere to a crime involving violence or a threat of violence in
Florida or in any other state;
the Respondent, based on corroborated evidence, has abused or is abusing
controlled substances or alcohol;
the Respondent has recently acquired firearms or ammunition;
In addition the Court has:
considered all relevant information from family and household members
concerning the Respondent;
_____________________________________________________________________________
_____________________________________________________________________________
accepted an agreed stipulation from the parties agreeing to entry of the risk
protection order;
received witness testimony while the witness was under oath concerning the
present matter; and
considered other relevant evidence as follows:
Based on these facts, the Court finds, by clear and convincing evidence, that Respondent
poses a significant danger of causing personal injury to themselves or others by having in their
custody or control any firearm or ammunition, or by purchasing, possessing, or receiving a
firearm or ammunition.
SECTION III. ORDERED and ADJUDGED
RESPONDENT IS HEREBY ORDERED TO SURRENDER IMMEDIATELY TO LAW
ENFORCEMENT ALL FIREARMS AND AMMUNITION THAT THEY OWN OR
HAVE IN THEIR CUSTODY, CONTROL, OR POSSESSION AND ANY LICENSE TO
CARRY A CONCEALED WEAPON OR FIREARM ISSUED UNDER S. 790.06,
FLORIDA STATUTES. RESPONDENT MAY NOT HAVE IN THEIR CUSTODY OR
CONTROL, OR PURCHASE, POSSESS, RECEIVE, OR ATTEMPT TO PURCHASE
OR RECEIVE, A FIREARM OR AMMUNITION WHILE THIS ORDER IS IN EFFECT.
A person who has in his or her custody or control a firearm or any ammunition or who
purchases, possesses, or receives a firearm or any ammunition with knowledge that they
are prohibited from doing so by court order commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
Respondent has the sole responsibility to refrain from violating this order. Only a judge
can change the order and only upon written request.
Additional provisions applicable to this order, if any: __________________________________
SECTION IV. COMPLIANCE HEARING
_____ The court has received a stipulation/agreement of compliance from the parties or has
received evidence proving that the Respondent has surrendered all firearms, ammunition, and/or
any license issued under s. 790.06, Florida Statutes, making it unnecessary to schedule a three-
day compliance hearing on the issue.
(or)
_____ The Respondent has been ordered to surrender all firearms, ammunition and any license
issued under s. 790.06, Florida Statutes; however, there has not been a satisfactory showing at
this time that they are in full compliance with that order. Therefore, it is further ordered that the
matter be set for an evidentiary hearing.
NOTICE OF COMPLIANCE HEARING
Petitioner and Respondent shall appear for a hearing at which the Respondent will
be required to prove compliance, to be held in Courtroom _______, in the court facility
located at __________________________________________________________ on
____________________, 20____, at ______ A.M./P.M. A law enforcement officer taking
possession of any firearm or ammunition owned by the Respondent, or a license to carry a
concealed weapon or firearm held by the Respondent, shall issue a receipt identifying all
firearms and the quantity and type of ammunition that have been surrendered. Law
enforcement shall file the original receipt with the Court. The Court may cancel the
compliance hearing upon a satisfactory showing the Respondent is in compliance with this
order.
SECTION V. EVALUATIONS
Pursuant to s. 790.401, Florida Statutes, the court has considered whether a mental
health evaluation or a chemical dependency evaluation is appropriate. Based on the facts
established at this hearing, the court finds:
such an evaluation is not required at this time.
(or)
the evidence supports a requirement that the Respondent obtain, from a licensed
mental health professional or licensed facility:
a mental health evaluation.
a chemical dependency evaluation.
Therefore, the court now orders such evaluation(s). Respondent shall, within
_______ days of the date of this order, obtain such evaluation(s) and file evidence
of compliance with the court and serve a copy on Petitioner.
SECTION VI. EXPIRATION/EXTENSION/VACATION
THIS FINAL RISK PROTECTION ORDER shall be in effect until ______________,
20____, unless extended or vacated, pursuant to section 790.401, Florida Statutes.
___________________________________________________________________________
Petitioner is hereby noticed that this Final Risk Protection Order will last until the
date noted above. The Petitioner may, by motion, request an extension of this order at any
time within 30 days before the end of the order.
To the subject of this protection order: This order will last until the date noted above. If
you have not done so already, you must surrender immediately to the ________________ (insert
name of local law enforcement agency) all firearms and ammunition that you own in your
custody, control, or possession and any license to carry a concealed weapon or firearm issued to
you under section 790.06, Florida Statutes. You may not have in your custody or control, or
purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this
order is in effect. You have the right to request one hearing to vacate this order, starting after the
date of the issuance of this order, and to request another hearing after every extension of the
order, if any. You may seek the advice of an attorney as to any matter connected with this order.
Respondent and/or Respondent’s attorney may file a written request to vacate this order
pursuant to s. 790.401(6), Florida Statutes, with the Clerk of the Circuit Court located at
______________________________________________________________________________.
DONE AND ORDERED at ___________________, Florida, this _____ day of
_____________________, 20___.
Judge
Copies furnished to:
Petitioner (or his or her attorney):
____ by email
____ by hand-delivery in open court (Petitioner acknowledged receipt in writing on the face of
the original order – see below.)
____ by certification by clerk (Petitioner failed or refused to acknowledge receipt of a certified
copy.)
____ by mail to last known address
ACKNOWLEDGMENT
I, [name of petitioner]_________________________________________, acknowledge
receipt of a certified copy of this Final Risk Protection Order [and Notice of Hearing].
[Name of petitioner]
Respondent (or his or her attorney):
____ by email
____ by hand-delivery in open court (Respondent acknowledged receipt in writing on the face of
the original order – see below.)
___________________________________________________________________________
____ by certification by clerk (Respondent failed or refused to acknowledge receipt of a certified
copy.)
____ by mail to last known address
____ copy forwarded to law enforcement for personal service
ACKNOWLEDGMENT
I, [name of respondent],___________________________________________ acknowledge
receipt of a certified copy of this Final Risk Protection Order [and Notice of Hearing].
[Name of Respondent]
Department of Agriculture and Consumer Services
____ by email
____ U.S. mail
Section 790.401, Florida Statutes, does not require the court to record a hearing on a petition for
a risk protection order; however, any party may arrange for a court reporter to record the hearing
and to prepare a written transcript of the hearing at that party’s expense. Arrangements for a
court reporter must be made in advance. In the event of an appeal, the appealing party will be
required to provide the court with a written transcript of what was said at the hearing.
Respondent has a responsibility to keep the court informed, in writing, of any change of address.
Failure to do so may jeopardize Respondent’s rights.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact [identify applicable court personnel by name, address, and telephone
number] at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
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Petitioner (Law Enforcement OfficerAgency) (Florida)

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Completed 9 February 2021

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