Florida Senate - 2018 SB 530 By Senator Gibson 6-00684A-18 2018530__ 1 A bill to be entitled 2 An act relating to risk protection orders; providing 3 intent; providing a short title; creating s. 790.401, 4 F.S.; providing definitions; authorizing risk 5 protection orders to prevent persons who are at high 6 risk of harming themselves or others from accessing 7 firearms; providing requirements for petitions for 8 such orders; providing duties for courts and clerks of 9 court; prohibiting fees for filing of such petitions; 10 providing for jurisdiction for such petitions; 11 requiring hearings on petitions within a specified 12 period; providing for service; providing grounds that 13 may be considered in determining whether to grant such 14 a petition; providing requirements for proceedings; 15 providing requirements for such orders; providing for 16 ex parte orders in certain circumstances; providing 17 for service of orders; providing for termination or 18 renewal of an order; providing for the surrender and 19 storage of firearms after issuance of such an order; 20 requiring law enforcement agencies to develop certain 21 policies and procedures by a certain date; providing 22 for return of firearms upon termination of an order; 23 requiring the reporting of such an order to specified 24 agencies; requiring the termination of a license to 25 carry a concealed weapon or firearm that is held by a 26 person subject to such an order; prohibiting a person 27 from knowingly filing a petition for such an order 28 which contains materially false or misleading 29 statements; providing criminal penalties; prohibiting 30 violations of such an order; providing criminal 31 penalties; prohibiting persons convicted of violating 32 such an order from possessing a firearm for a 33 specified period; providing construction; providing 34 that provisions do not create liability for certain 35 acts or omissions; requiring development and 36 distribution of certain instructional and 37 informational material; providing an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. (1) This act is designed to temporarily prevent 42 individuals who are at high risk of harming themselves or others 43 from accessing firearms by allowing family, household members, 44 and law enforcement to obtain a court order when there is 45 demonstrated evidence that the person poses a significant 46 danger, including danger as a result of a dangerous mental 47 health crisis or violent behavior. 48 (2) The purpose and intent of this act is to reduce gun 49 deaths and injuries, while respecting constitutional rights, by 50 providing a court procedure for family, household members, and 51 law enforcement to obtain an order temporarily restricting a 52 person’s access to firearms. Court orders are intended to be 53 limited to situations in which the person poses a significant 54 danger of harming himself or herself or others by possessing a 55 firearm, and include standards and safeguards to protect the 56 rights of respondents and due process of law. 57 Section 2. This act may be cited as “The Risk Protection 58 Order Act.” 59 Section 3. Section 790.401, Florida Statutes, is created to 60 read: 61 790.401 Risk protection orders.— 62 (1) DEFINITIONS.—As used in this section, the term: 63 (a) “Family or household member” has the same meaning as 64 provided in s. 741.28. The term includes a person who: 65 1. Has a biological or legal parent-child relationship with 66 the respondent, including stepparents and stepchildren and 67 grandparents and grandchildren. 68 2. Is acting or has acted as the respondent’s legal 69 guardian. 70 (b) “Petitioner” means the individual who petitions for an 71 order under this section. 72 (c) “Respondent” means the individual who is identified as 73 the respondent in a petition filed under this section. 74 (d) “Risk protection order” means an ex parte temporary 75 order or a final order granted under this section. 76 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created 77 an action known as a petition for a risk protection order. 78 (a) A petition for a risk protection order may be filed by 79 a family or household member of the respondent or a law 80 enforcement officer or agency. 81 (b) An action under this section must be filed in the 82 county where the petitioner resides or the county where the 83 respondent resides. 84 (c) A petition must: 85 1. Allege that the respondent poses a significant danger of 86 causing personal injury to self or others by having a firearm in 87 his or her custody or control or by potentially purchasing, 88 possessing, or receiving a firearm, and be accompanied by an 89 affidavit made under oath stating the specific statements, 90 actions, or facts that give rise to a reasonable fear of future 91 dangerous acts by the respondent. 92 2. Identify the numbers, types, and locations of any 93 firearms the petitioner believes to be in the respondent’s 94 current ownership, possession, custody, or control. 95 3. Identify whether there is a known existing protection 96 order governing the respondent under s. 741.30, s. 784.046, or 97 s. 784.0485 or under any other applicable statute. 98 4. Identify whether there is a pending lawsuit, complaint, 99 petition, or other action between the parties to the petition 100 under the laws of this state. 101 (d) The clerk of court shall verify the terms of any 102 existing order governing the parties. The court may not delay 103 granting relief because of the existence of a pending action 104 between the parties or the necessity of verifying the terms of 105 an existing order. A petition for a risk protection order may be 106 granted whether or not there is a pending action between the 107 parties. 108 (e) If the petitioner is a law enforcement officer or 109 agency, the petitioner shall make a good faith effort to provide 110 notice to a family or household member of the respondent and to 111 any known third party who may be at risk of violence. The notice 112 must state that the petitioner intends to petition the court for 113 a risk protection order or has already done so, and include 114 referrals to appropriate resources, including mental health, 115 domestic violence, and counseling resources. The petitioner must 116 attest in the petition to having provided such notice, or attest 117 to the steps that will be taken to provide such notice. 118 (f) If the petition states that disclosure of the 119 petitioner’s address would risk harm to the petitioner or any 120 member of the petitioner’s family or household, the petitioner’s 121 address may be omitted from all documents filed with the court. 122 If the petitioner has not disclosed an address under this 123 subsection, the petitioner must designate an alternative address 124 at which the respondent may serve notice of any motions. If the 125 petitioner is a law enforcement officer or agency, the address 126 of record must be that of the law enforcement agency. 127 (g) Within 90 days of receipt of the master copy from the 128 Office of the State Courts Administrator, all clerks of court 129 shall make available the standardized forms, instructions, and 130 informational brochures required by subsection (14). 131 (h) Fees for filing or service of process may not be 132 charged by a court or any public agency to petitioners seeking 133 relief under this section. Petitioners shall be provided the 134 necessary number of certified copies, forms, and instructional 135 brochures free of charge. 136 (i) A person is not required to post a bond to obtain 137 relief in any proceeding under this section. 138 (j) The circuit courts of this state have jurisdiction over 139 proceedings under this section. 140 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.— 141 (a) Upon receipt of the petition, the court shall order a 142 hearing to be held not later than 14 days after the date of the 143 order and issue a notice of hearing to the respondent for the 144 same. 145 1. The court may schedule a hearing by telephone pursuant 146 to local court rule, to reasonably accommodate a disability, or 147 in exceptional circumstances to protect a petitioner from 148 potential harm. The court shall require assurances of the 149 petitioner’s identity before conducting a telephonic hearing. 150 2. The court clerk shall cause a copy of the notice of 151 hearing and petition to be forwarded on or before the next 152 business day to the appropriate law enforcement agency for 153 service upon the respondent. 154 3. Personal service of the notice of hearing and petition 155 shall be made upon the respondent by a law enforcement officer 156 not less than 5 business days before the hearing. Service under 157 this section takes precedence over the service of other 158 documents, unless the other documents are of a similar emergency 159 nature. If timely personal service cannot be made, the court 160 shall set a new hearing date and shall either require additional 161 attempts at obtaining personal service or permit service by 162 publication or mail as provided in subsection (6). The court may 163 not require more than two attempts at obtaining personal service 164 and shall permit service by publication or mail after two 165 attempts at obtaining personal service unless the petitioner 166 requests additional time to attempt personal service. If the 167 court issues an order permitting service by publication or mail, 168 the court shall set the hearing date not later than 24 days 169 after the date the order is issued. 170 4. The court may, as provided in subsection (4), issue an 171 ex parte risk protection order pending the hearing ordered under 172 this subsection. Such ex parte order must be served concurrently 173 with the notice of hearing and petition. 174 (b) Upon hearing the matter, if the court finds by a 175 preponderance of the evidence that the respondent poses a 176 significant danger of causing personal injury to self or others 177 by having in his or her custody or control, purchasing, 178 possessing, or receiving a firearm, the court shall issue a risk 179 protection order for a period that it deems appropriate, up to 180 and including, but not exceeding, 12 months. 181 (c) In determining whether grounds for a risk protection 182 order exist, the court may consider any relevant evidence, 183 including, but not limited to, any of the following: 184 1. A recent act or threat of violence by the respondent 185 against self or others, whether or not such violence or threat 186 of violence involves a firearm. 187 2. An act or threat of violence by the respondent within 188 the past 12 months, including, but not limited to, acts or 189 threats of violence by the respondent against self or others. 190 3. A recurring mental health issue of the respondent. 191 4. A violation by the respondent of a protection order or a 192 no contact order issued under s. 741.30, s. 784.046, or s. 193 784.0485. 194 5. A previous or existing risk protection order issued 195 against the respondent. 196 6. A violation of a previous or existing risk protection 197 order issued against the respondent. 198 7. A conviction of the respondent for a crime that 199 constitutes domestic violence as defined in s. 741.28. 200 8. The respondent’s ownership, access to, or intent to 201 possess firearms. 202 9. The unlawful or reckless use, display, or brandishing of 203 a firearm by the respondent. 204 10. The recurring use of, or threat to use, physical force 205 by the respondent against another person, or the respondent 206 stalking another person. 207 11. An arrest, a plea of guilty or no contest, or a 208 conviction of the respondent for a violent misdemeanor or felony 209 offense. 210 12. Corroborated evidence of the abuse of controlled 211 substances or alcohol by the respondent. 212 13. Evidence of recent acquisition of firearms by the 213 respondent. 214 (d) The court may: 215 1. Examine under oath the petitioner, the respondent, and 216 any witnesses they may produce, or, in lieu of examination, 217 consider sworn affidavits of the petitioner, the respondent, and 218 any witnesses they may produce. 219 2. Ensure that a reasonable search has been conducted for 220 criminal history records related to the respondent. 221 (e) In a hearing under this section, the rules of evidence 222 apply to the same extent as in a domestic violence injunction 223 proceeding under s. 741.30. 224 (f) During the hearing, the court shall consider whether a 225 mental health evaluation or chemical dependency evaluation is 226 appropriate, and may order such evaluation if appropriate. 227 (g) A risk protection order must include all of the 228 following: 229 1. A statement of the grounds supporting the issuance of 230 the order. 231 2. The date and time the order was issued. 232 3. The date and time the order expires. 233 4. Whether a mental health evaluation or chemical 234 dependency evaluation of the respondent is required. 235 5. The address of the court in which any responsive 236 pleading should be filed. 237 6. Instructions for relinquishment of firearms under 238 subsection (8). 239 7. The following statement: 240 241 “To the subject of this protection order: This order will last 242 until the date and time noted above. If you have not done so 243 already, you must surrender immediately to the (insert name of 244 local law enforcement agency) all firearms in your custody, 245 control, or possession and any license to carry a concealed 246 weapon or firearm issued to you under s. 790.06, Florida 247 Statutes. You may not have in your custody or control, or 248 purchase, possess, receive, or attempt to purchase or receive, a 249 firearm while this order is in effect. You have the right to 250 request one hearing to terminate this order, starting after the 251 date of the issuance of this order and another hearing after 252 ever renewal of the order, if any. You may seek the advice of an 253 attorney as to any matter connected with this order.” 254 255 (h) When the court issues a risk protection order, the 256 court shall inform the respondent that he or she is entitled to 257 request termination of the order in the manner prescribed by 258 subsection (7). The court shall provide the respondent with a 259 form to request a termination hearing. 260 (i) If the court denies the petitioner’s request for a risk 261 protection order, the court shall state the particular reasons 262 for the court’s denial. 263 (4) EX PARTE RISK PROTECTION ORDERS.— 264 (a) A petitioner may request that an ex parte risk 265 protection order be issued before a hearing for a risk 266 protection order, without notice to the respondent, by including 267 in the petition detailed allegations based on personal knowledge 268 that the respondent poses a significant danger of causing 269 personal injury to self or others in the near future by having 270 in his or her custody or control, purchasing, possessing, or 271 receiving a firearm. 272 (b) In considering whether to issue an ex parte risk 273 protection order under this section, the court shall consider 274 all relevant evidence, including the evidence described in 275 paragraph (3)(c). 276 (c) If a court finds there is reasonable cause to believe 277 that the respondent poses a significant danger of causing 278 personal injury to self or others in the near future by having 279 in his or her custody or control, purchasing, possessing, or 280 receiving a firearm, the court shall issue an ex parte risk 281 protection order. 282 (d) The court shall hold an ex parte risk protection order 283 hearing in person or by telephone on the day the petition is 284 filed or on the business day immediately following the day the 285 petition is filed. 286 (e) In accordance with paragraph (3)(a), the court shall 287 schedule a hearing within 14 days of the issuance of an ex parte 288 risk protection order to determine if a risk protection order 289 should be issued under this section. 290 (f) An ex parte risk protection order must include all of 291 the following: 292 1. A statement of the grounds asserted for the order. 293 2. The date and time the order was issued. 294 3. The date and time the order expires. 295 4. The address of the court in which any responsive 296 pleading should be filed. 297 5. The date and time of the scheduled hearing. 298 6. A description of the requirements for surrender of 299 firearms under subsection (8). 300 7. The following statement: 301 302 “To the subject of this protection order: This order is valid 303 until the date and time noted above. You are required to 304 surrender all firearms in your custody, control, or possession. 305 You may not have in your custody or control, purchase, possess, 306 receive, or attempt to purchase or receive, a firearm while this 307 order is in effect. You must surrender immediately to the 308 (insert name of local law enforcement agency) all firearms in 309 your custody, control, or possession and any license to carry a 310 concealed weapon or firearm issued to you under s. 790.06, 311 Florida Statutes. A hearing will be held on the date and at the 312 time noted above to determine if a risk protection order should 313 be issued. Failure to appear at that hearing may result in a 314 court ruling on an order against you that is valid for 1 year. 315 You may seek the advice of an attorney as to any matter 316 connected with this order.” 317 318 (g) An ex parte risk protection order issued expires upon 319 the hearing on the risk protection order. 320 (h) An ex parte risk protection order shall be served by a 321 law enforcement officer in the same manner as provided for in 322 subsection (3) for service of the notice of hearing and petition 323 and shall be served concurrently with the notice of hearing and 324 petition. 325 (i) If the court denies the petitioner’s request for an ex 326 parte risk protection order, the court shall state the 327 particular reasons for the court’s denial. 328 (5) SERVICE OF RISK PROTECTION ORDERS.— 329 (a) A risk protection order issued under subsection (3) 330 must be personally served upon the respondent, except as 331 otherwise provided in this section. 332 (b) The law enforcement agency with jurisdiction in the 333 area in which the respondent resides shall serve the respondent 334 personally, unless the petitioner elects to have the respondent 335 served by a private party. 336 (c) If service by a law enforcement agency is to be used, 337 the clerk of the court shall cause a copy of the order issued 338 under this section to be forwarded on or before the next 339 business day to the law enforcement agency specified in the 340 order for service upon the respondent. Service of an order 341 issued under this section takes precedence over the service of 342 other documents, unless the other documents are of a similar 343 emergency nature. 344 (d) If the law enforcement agency cannot complete service 345 upon the respondent within 10 days, the law enforcement agency 346 shall notify the petitioner. The petitioner shall provide 347 information sufficient to permit such notification. 348 (e) If an order entered by the court recites that the 349 respondent appeared in person before the court, the necessity 350 for further service is waived and proof of service of that order 351 is not necessary. 352 (f) If the court previously entered an order allowing 353 service of the notice of hearing and petition, or an ex parte 354 risk protection order, by publication or mail under subsection 355 (6), or if the court finds there are now grounds to allow such 356 alternate service, the court may permit service by publication 357 or mail of the risk protection order issued under this section 358 as provided in subsection (6). The court order must state 359 whether the court permitted service by publication or service by 360 mail. 361 (g) Returns of service under this section must be made in 362 accordance with the applicable court rules. 363 (6) SERVICE BY PUBLICATION OR MAIL.— 364 (a) The court may order service by publication or service 365 by mail under the circumstances permitted for such service in s. 366 741.30, s. 784.046, or s. 784.0485, except any summons must be 367 essentially in the following form: 368 369 In the . . . . . . . . . Court of the State of Florida for the 370 County of . . . . . . . . . 371 . . . . . . . . . . . . . . ., Petitioner 372 vs. No. . . . . . . 373 . . . . . . . . . . . . . . ., Respondent 374 The State of Florida to . . . . . . . . . (respondent): 375 You are hereby summoned to appear on the . . . . day of . . . . 376 . ., (year) . . . ., at . . . . a.m./p.m., and respond to the 377 petition. If you fail to respond, a risk protection order may be 378 issued against you pursuant to the Risk Protection Order Act, s. 379 790.401, Florida Statutes, for 1 year after the date you are 380 required to appear. (An ex parte risk protection order has been 381 issued against you, restraining you from having in your custody 382 or control, purchasing, possessing, or receiving any firearms. 383 You must surrender to the (insert name of local law enforcement 384 agency) all firearms in your custody, control, or possession and 385 any license to carry a concealed weapon or firearm issued to you 386 under s. 790.06, Florida Statutes, within 48 hours. A copy of 387 the notice of hearing, petition, and ex parte risk protection 388 order has been filed with the clerk of this court.) (A copy of 389 the notice of hearing and petition has been filed with the clerk 390 of this court.) 391 . . . . . 392 Petitioner 393 394 (b) If the court orders service by publication or mail for 395 notice of a risk protection order hearing, it shall also reissue 396 the ex parte risk protection order, if issued, to expire on the 397 date of the risk protection order hearing. 398 (c) Following completion of service by publication or by 399 mail for notice of a risk protection order hearing, if the 400 respondent fails to appear at the hearing, the court may issue a 401 risk protection order as provided in subsection (3). 402 (7) TERMINATION AND RENEWAL OF ORDERS.— 403 (a) The respondent may submit one written request for a 404 hearing to terminate a risk protection order issued under this 405 section, starting after the date of the issuance of the order 406 and another hearing after ever renewal of the order, if any. 407 1. Upon receipt of the request for a hearing to terminate a 408 risk protection order, the court shall set a date for a hearing. 409 Notice of the request must be served on the petitioner in 410 accordance with chapter 48. The hearing shall occur no sooner 411 than 14 days and no later than 30 days after the date of service 412 of the request upon the petitioner. 413 2. The respondent shall have the burden of proving by a 414 preponderance of the evidence that the respondent does not pose 415 a significant danger of causing personal injury to self or 416 others by having in his or her custody or control, purchasing, 417 possessing, or receiving a firearm. The court may consider any 418 relevant evidence, including evidence of the considerations 419 listed in paragraph (3)(c). 420 3. If the court finds after the hearing that the respondent 421 has met his or her burden, the court shall terminate the order. 422 (b) The court must notify the petitioner of the impending 423 expiration of a risk protection order. Notice must be received 424 by the petitioner 105 calendar days before the date the order 425 expires. 426 (c) A family or household member of a respondent or a law 427 enforcement officer or agency may by motion request a renewal of 428 a risk protection order at any time within 105 calendar days 429 before the expiration of the order. 430 1. Upon receipt of the motion to renew, the court shall 431 order that a hearing be held not later than 14 days after the 432 date the order is issued. 433 a. The court may schedule a hearing by telephone in the 434 manner prescribed by subparagraph (3)(a)1. 435 b. The respondent shall be personally served in the same 436 manner prescribed by subparagraphs(3)(a)2. and 3. 437 2. In determining whether to renew a risk protection order 438 issued under this section, the court shall consider all relevant 439 evidence presented by the petitioner and follow the same 440 procedure as provided in subsection (3). 441 3. If the court finds by a preponderance of the evidence 442 that the requirements for issuance of a risk protection order as 443 provided in subsection (3) continue to be met, the court shall 444 renew the order. However, if, after notice, the motion for 445 renewal is uncontested and the petitioner seeks no modification 446 of the order, the order may be renewed on the basis of the 447 petitioner’s motion or affidavit stating that there has been no 448 material change in relevant circumstances since entry of the 449 order and stating the reason for the requested renewal. 450 4. The renewal of a risk protection order has a duration of 451 1 year, subject to termination as provided in paragraph (a) or 452 further renewal by order of the court. 453 (8) SURRENDER OF FIREARMS.— 454 (a) Upon issuance of any risk protection order under this 455 section, including an ex parte risk protection order, the court 456 shall order the respondent to surrender to the local law 457 enforcement agency all firearms in the respondent’s custody, 458 control, or possession and any license to carry a concealed 459 weapon or firearm issued under s. 790.06. 460 (b) The law enforcement officer serving any risk protection 461 order under this section, including an ex parte risk protection 462 order, shall request that the respondent immediately surrender 463 all firearms in his or her custody, control, or possession and 464 any license to carry a concealed weapon or firearm issued under 465 s. 790.06, and conduct any search permitted by law for such 466 firearms. The law enforcement officer shall take possession of 467 all firearms belonging to the respondent that are surrendered, 468 in plain sight, or discovered pursuant to a lawful search. 469 Alternatively, if personal service by a law enforcement officer 470 is not possible, or not required because the respondent was 471 present at the risk protection order hearing, the respondent 472 shall surrender the firearms in a safe manner to the control of 473 the local law enforcement agency within 48 hours of being served 474 with the order by alternate service or within 48 hours of the 475 hearing at which the respondent was present. 476 (c) At the time of surrender, a law enforcement officer 477 taking possession of a firearm or license to carry a concealed 478 weapon or firearm shall issue a receipt identifying all firearms 479 that have been surrendered and provide a copy of the receipt to 480 the respondent. Within 72 hours after service of the order, the 481 law enforcement officer serving the order shall file the 482 original receipt with the court and shall ensure that his or her 483 law enforcement agency retains a copy of the receipt. 484 (d) Upon the sworn statement or testimony of the petitioner 485 or of any law enforcement officer alleging that the respondent 486 has failed to comply with the surrender of firearms as required 487 by an order issued under this section, the court shall determine 488 whether probable cause exists to believe that the respondent has 489 failed to surrender all firearms in his or her possession, 490 custody, or control. If probable cause exists, the court shall 491 issue a warrant describing the firearms and authorizing a search 492 of the locations where the firearms are reasonably believed to 493 be and the seizure of any firearms discovered pursuant to such 494 search. 495 (e) If a person other than the respondent claims title to 496 any firearms surrendered pursuant to this section, and he or she 497 is determined by the law enforcement agency to be the lawful 498 owner of the firearm, the firearm shall be returned to him or 499 her, provided that: 500 1. The firearm is removed from the respondent’s custody, 501 control, or possession and the lawful owner agrees to store the 502 firearm in a manner such that the respondent does not have 503 access to or control of the firearm. 504 2. The firearm is not otherwise unlawfully possessed by the 505 owner. 506 (f) Upon the issuance of a risk protection order, the court 507 shall order a new hearing date and require the respondent to 508 appear not later than 3 business days from the issuance of the 509 order. The court shall require a showing that the person subject 510 to the order has surrendered any firearms in his or her custody, 511 control, or possession. The court may dismiss the hearing upon a 512 satisfactory showing that the respondent is in compliance with 513 the order. 514 (g) All law enforcement agencies must develop policies and 515 procedures by June 1, 2019, regarding the acceptance, storage, 516 and return of firearms required to be surrendered under this 517 section. 518 (9) RETURN AND DISPOSAL OF FIREARMS.— 519 (a) If a risk protection order is terminated or expires 520 without renewal, a law enforcement agency holding any firearm 521 that has been surrendered pursuant to this section shall return 522 any surrendered firearm requested by a respondent only after 523 confirming, through a background check, that the respondent is 524 currently eligible to own or possess firearms under federal and 525 state law and after confirming with the court that the risk 526 protection order has terminated or has expired without renewal. 527 (b) A law enforcement agency must, if requested, provide 528 prior notice of the return of a firearm to a respondent to 529 family or household members of the respondent. 530 (c) Any firearm surrendered by a respondent pursuant to 531 subsection (8) that remains unclaimed by the lawful owner shall 532 be disposed of in accordance with the law enforcement agency’s 533 policies and procedures for the disposal of firearms in police 534 custody. 535 (10) REPORTING OF ORDERS.— 536 (a) The clerk of the court shall enter any risk protection 537 order or ex parte risk protection order issued under this 538 section into the uniform case reporting system on the same day 539 such order is issued. 540 (b) The clerk of the court shall forward a copy of an order 541 issued under this section the same day such order is issued to 542 the appropriate law enforcement agency specified in the order. 543 Upon receipt of the copy of the order, the law enforcement 544 agency shall enter the order into the National Instant Criminal 545 Background Check System, any other federal or state computer 546 based systems used by law enforcement or others to identify 547 prohibited purchasers of firearms, and any computer-based 548 criminal intelligence information system available in this state 549 used by law enforcement agencies to list outstanding warrants. 550 The order must remain in each system for the period stated in 551 the order, and the law enforcement agency shall only expunge 552 orders from the systems that have expired or terminated. Entry 553 into the computer-based criminal intelligence information system 554 constitutes notice to all law enforcement agencies of the 555 existence of the order. The order is fully enforceable in any 556 county in the state. 557 (c) The issuing court shall, within 3 business days after 558 issuance of a risk protection order or ex parte risk protection 559 order, forward a copy of the respondent’s driver license or 560 identification card, or comparable information, along with the 561 date of order issuance, to the Department of Agriculture and 562 Consumer Services. Upon receipt of the information, the 563 department shall determine if the respondent has a license to 564 carry a concealed weapon or firearm. If the respondent does have 565 a license to carry a concealed weapon or firearm, the department 566 shall immediately revoke the license. 567 (d) If a risk protection order is terminated before its 568 expiration date, the clerk of the court shall forward the same 569 day a copy of the termination order to the Department of 570 Agriculture and Consumer Services and the appropriate law 571 enforcement agency specified in the termination order. Upon 572 receipt of the order, the law enforcement agency shall promptly 573 remove the order from any computer-based system in which it was 574 entered pursuant to paragraph (b). 575 (11) PENALTIES.— 576 (a) Any person who files a petition under this section 577 knowing the information in such petition to be materially false, 578 or with the intent to harass the respondent commits a 579 misdemeanor of the first degree, punishable as provided in s. 580 775.082 or s. 775.083. 581 (b)1.a Except as provided in sub-subparagraph b., a person 582 who has in his or her custody or control a firearm or purchases, 583 possesses, or receives a firearm with knowledge that he or she 584 is prohibited from doing so by an order issued under this 585 section commits a misdemeanor of the first degree, punishable as 586 provided in s. 775.082 or s. 775.083. 587 b. If a person has two or more previous convictions for 588 violating an order issued under this section, the person commits 589 a felony of the third degree punishable as provided in s. 590 775.082, s. 775.083, or s. 775.084. 591 2. A person who is convicted of an offense under this 592 paragraph is prohibited from having a firearm in his or her 593 custody or control or purchasing, possessing, or receiving, or 594 attempting to purchase or receive a firearm for a period of 5 595 years after the date the existing order under this section 596 expires. 597 (12) LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section 598 does not affect the ability of a law enforcement officer to 599 remove a firearm or license to carry a concealed weapon or 600 firearm from any person or conduct any search and seizure for 601 firearms pursuant to other lawful authority. 602 (13) LIABILITY.—Except as provided in subsection (11), this 603 section does not impose criminal or civil liability on any 604 person or entity for acts or omissions related to obtaining a 605 risk protection order or ex parte risk protection order, 606 including, but not limited to, reporting, declining to report, 607 investigating, declining to investigate, filing, or declining to 608 file a petition under this section. 609 (14) INSTRUCTIONAL AND INFORMATIONAL MATERIAL.— 610 (a) The Office of the State Courts Administrator shall 611 develop and prepare instructions and informational brochures, 612 standard petitions and risk protection order forms, and a court 613 staff handbook on the risk protection order process. The 614 standard petition and order forms must be used after June 1, 615 2019, for all petitions filed and orders issued under this 616 section. The instructions, brochures, forms, and handbook shall 617 be prepared in consultation with interested persons, including 618 representatives of gun violence prevention groups, judges, and 619 law enforcement personnel. Materials must be based on best 620 practices and available electronically online to the public. 621 1. The instructions must be designed to assist petitioners 622 in completing the petition, and must include a sample of a 623 standard petition and order for protection forms. 624 2. The instructions and standard petition must include a 625 means for the petitioner to identify, with only layman’s 626 knowledge, the firearms the respondent may own, possesses, 627 receive, or have in his or her custody or control. The 628 instructions must provide pictures of types of firearms that the 629 petitioner may choose from to identify the relevant firearms, or 630 an equivalent means to allow petitioners to identify firearms 631 without requiring specific or technical knowledge regarding the 632 firearms. 633 3. The informational brochure must describe the use of and 634 the process for obtaining, modifying, and terminating a risk 635 protection order under this section, and provide relevant forms. 636 4. The risk protection order form must include, in a 637 conspicuous location, notice of criminal penalties resulting 638 from violation of the order, and the following statement: “You 639 have the sole responsibility to avoid or refrain from violating 640 this order’s provisions. Only the court can change the order and 641 only upon written application.” 642 5. The court staff handbook must allow for the addition of 643 a community resource list by the court clerk. 644 (b) All court clerks may create a community resource list 645 of crisis intervention, mental health, substance abuse, 646 interpreter, counseling, and other relevant resources serving 647 the county in which the court is located. The court may make the 648 community resource list available as part of or in addition to 649 the informational brochures described in paragraph (a). 650 (c) The Office of the State Courts Administrator shall 651 distribute a master copy of the petition and order forms, 652 instructions, and informational brochures to all court clerks. 653 Distribution of all documents shall, at a minimum, be in an 654 electronic format or formats accessible to all courts and court 655 clerks in the state. 656 (d) The Office of the State Courts Administrator shall 657 determine the significant non-English-speaking or limited 658 English-speaking populations in the state. The office shall then 659 arrange for translation of the instructions and informational 660 brochures required by this section, which shall contain a sample 661 of the standard petition and order for protection forms, into 662 the languages spoken by those significant non-English-speaking 663 populations or limited English-speaking populations and shall 664 distribute a master copy of the translated instructions and 665 informational brochures to all court clerks by December 1, 2018. 666 (e) The Office of the State Courts Administrator shall 667 update the instructions, brochures, standard petition and risk 668 protection order forms, and court staff handbook as necessary, 669 including when changes in the law make an update necessary. 670 Section 4. This act shall take effect July 1, 2018.