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09/13/24 , SHERIFF : 1 of 9 Date: 08/01/19 Revision: 09/13/24 Reviewed: 09/13/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 505.09 Page : 1 of 9 SUBJECT: RISK PROTECTION ORDERS I. PURPOSE : The purpose of this standard operating procedure is to define guidelines and procedures for seizing firearms , ammunition , and any license to carry concealed weapons or firearms pursuant to court ordered Temporary Ex Parte Risk Protection Orders and Risk Protection Orders, as provided for in Florida Statute 790.401 , of the Marjory Stoneman Douglas High School Public Safety Act. II. SCOPE : This procedure shall apply to Sheriff’s Office Law Enforcement , Records Section, and Legal Division personnel. III. DISCUSSION : Florida Statute 790.401 is intended to temporarily prevent individuals , who are at high risk of harming themselves or others , from accessing firearms or ammunition by allowing law enforcement officers to ob tain a court order to prohibit them from possessing firearms when there is demonstrated evidence that a person poses a significant danger to himself/herself or others as a result of a mental health crisis or violent behavior. Florida Statute 790.4 01 is also intended to reduce deaths and injuries as a result of certain individuals’ use of firearms , while respecting constitutional rights by providing a judicial procedure for law enforcement officers to obtain a court order temporarily restricting a pe rson’s access to firearms and ammunition. The process established by this statute is intended to apply only to a situation in which the person poses a significant danger of harming himself/herself or others by possessing a firearm or ammunition and to inc lude standards and safeguards to protect the rights of individuals and due process of law. IV. DEFINITIONS : A. Petitioner - A law enforcement officer or a law enforcement agency that petitions a court for a Risk Protection Order pursuant to Florida Statute 790.401. B. Respondent - The individual who is identified in a petition filed under Florida Statute 790.401, whom the Sheriff’s Office believes poses a significant danger of causing personal injury to himself/herself or others by possessing a firearm or ammunition. C. Risk Protection Order - A final order granted under Florida Statu te 790.401 . D. Temporary Ex Parte Risk Protection Order - A temporary order that is issued without notice to the Respondent before a hearing for a Risk Protection Order is held. E. Petition - A formal application to the court for a Temporary Ex Parte Risk Protection Order or a Risk Protection Order. F. Order Setting Hearing for Final Risk Protection Order - An order instructing the Respondent to appear for an upcoming Final Hearing for Risk Protection Order . G. Risk Protection Order Firearms Receipt - A receipt for any firearms, ammunition , or license to carry a concealed weapon issued under Florida Statute 790.06 surrendered to law enforcement as a result of a Risk Protection Order. GEN 505.09 09/13 /24 Page 2 of 9 H. Order to Show Cause - An Order to Show Cause is a type of court order requiring a party to justify, explain , or prove something to the court. In R isk Protection Order hearings, these orders are typically issued when the R espondent did not appear at a scheduled compliance hearing. I. Writ of Bodily Atta chment - A Writ of Bodily Attachment is an order by the court commanding law enforcement to physically bring a person before the court . In Risk Protection Order hearings, these writs are typically issued when the Respondent has been personally served with the Temporary Ex Parte Risk Protection O rder and an Order to Show Cause and yet failed to appear at a compliance hearing. V. PETITION FOR TEMPORARY EX PARTE RISK PROTECTION ORDER AND/OR PETITION FOR RISK PROTECTION ORDER A. Florida Statute 790.401 allows a law enforcement agency (Petitioner ) to file a Petition for a Temporary Ex Parte Risk Protection Order and/or a Petition for Risk Protection Order. B. A Petition for a Temporary Ex Parte Risk Protection Order and/or a Petition for Risk Protection Order may be filed when Sheriff’s Office law enforcement personnel believe, based upon personal knowledge , that an individ ual poses a significant danger of causing personal injury to himself/herself or others in the near future by having in his /her custody or control, or by purchasing, possessing, or receiving a firearm or ammunition. C. In determining whether to file a Tempor ary Ex Parte Risk Protection Order and/or a Petition for Risk Protection Order , all relevant evidence shall be consider ed, including: 1. A recent act or threat of violence by the Respondent against himself/herself or others, whether or not such violence or threat of violence involves a firearm. 2. An act or threat of violence by the Respondent within the past 12 months , including but not limited to, acts or threats of violence by the Respondent against himself/he rself or others. 3. Evidence of the Respondent being seriously mentally ill or having recurring mental health issues. 4. A violation by the Respondent of a Risk