62377216.pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G - 81 GENERAL ORDER RESCINDS: SUBJECT: Risk Protection Orders EFFECTIVE: July 25, 2018 REVISED: April 8, 2020 Table of Contents: I. Purpose II. Scope III. Definitions IV. RPO Legal Requirements and Considerations V. Submitting a Request for Risk Protection Order Petition VI. Domestic Violence/Crisis Intervention Unit Responsibilities VII. Legal Unit Responsibilities VIII. Civil Section Responsibilities IX. Serving Risk Protection Orders X. Serving out of state or out of county Risk Protection Orders XI. Delayed surrender of firearm/ammunition/concealed carry weapons permit XII. Property and Evidence Unit Responsibilities I. PURPOSE: The purpose of this General Order is to provide guidelines and procedures for implementing the Risk Protection Order Act, Section 790.401, Florida Statutes, including the evaluation of situations where a Risk Protection Order (RPO) will be sought, the petition filing procedures, the service procedures, collection, storage and release of firearms and ammunition subject to an RPO. II. SCOPE: This General Order applies to the handling of RPO cases initiated by a member of the Seminole County Sheriff’s Office or RPO cases requested for handling by a law enforcement agency within Seminole County pursuant to a Legal RPO Representation Agreement. III. DEFINITIONS: A. Domestic Violence/Crisis Intervention Team Unit (DV/CIT): A specialized unit within Criminal Investigations Division having Crisis Intervention Team Training, Mental Health Training and RPO training. They will be tasked with the responsibility of evaluating all RPO requests and assisting the deputy or municipal officer with the processing of the request. B. Family Notice: Florida law requires the petitioning agency to make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be a risk of violence. The notice must state that the petitioning agency intends to petition the court for a RPO GENERAL ORDER Risk Protection Orders G-81 Page 1 OF 12\n\n--- Page 2 ---\n\nor has already done so and must include referrals to appropriate resources to include domestic violence and mental health resources. Upon the RPO being vacated by the court, the petitioning agency must provide notice to any family or household members of the respondent and applicable third party, before the return of any surrendered firearm and ammunition owned the by the respondent. C. Legal Unit: Members of the Seminole County Sheriff’s Office, Office of Chief Counsel D. Petitioner: By statute the petitioner is a law enforcement officer or a law enforcement agency that petitions a court for a RPO pursuant to F.S. 790.401. For purposes of this General Order, only the law enforcement agency will be filing the RPO petition. No RPO petition will be filed by the individual law enforcement officer. E. Respondent: An individual who is identified as the Respondent in a Petition for a RPO and subject to the conditions of the RPO. F. Risk Protection Order (RPO): A temporary ex parte order or a final order granted pursuant to F.S. 790.401 that prohibits the possession or purchase of firearms or ammunition for the length of time the order is in effect and requires the surrender of said items to include any Concealed Weapon or Firearm License held by the Respondent. A RPO is not a search or arrest warrant and does not authorize any entry, search or detention. G. RPO Request Notification Email: The email address where all RPO requests are sent for review/evaluation. The address is: RPORequest@Seminolesheriff.org H. RPO Service Notification Email: This email address(s) will be used to communicate between the court and the petitioner(s) for RPO actions as well as communication service actions for RPO matters. This email address is: RPOService@Seminolesheriff.org I. RPO Template Forms: Forms located on the Sheriff’s Office intranet page under: SCSOnet/Office of the Sheriff/Legal/RPO used by the deputy or the agency to request, process and document information for an RPO as required by Florida Statute and to document the seizure, storage and release of firearms subject to an RPO. RPO template forms also include the affidavit for search warrant, proposed order for search warrant and search warrant return. RPO template forms do not include the Petition and other legal documents filed by the Legal Unit. The RPO template forms include those listed below and any additional forms added to the Sheriff’s Office intranet page under: https://scsonet → Office of the Sheriff → Legal → RPO Risk Protection Orders. A list of the forms on the intranet page is listed below NOTE: Forms may be added or modified as legal or policy requirements dictate: RPO 18-00 Checklist RPO 18-01 LEO Affidavit RPO 18-02 Witness Affidavit RPO 18-03 Owner Transfer Authorization Form RPO 18-04 Third Party Acceptance Form GENERAL ORDER Risk Protection Orders G-81 Page 2 OF 12\n\n--- Page 3 ---\n\nRPO 18-05 Firearms List RPO 18-06 Family Notice RPO 18-07BA Firearm Surrender Receipt and Supplement RPO 18-08 Advance Notice of Firearm Return to Respondent RPO 18-09 Lawful Owner Claim Form RPO 18-10 Respondent Denial of Ownership Form RPO 18-11 Search Warrant Affidavit Template RPO 18-12 Proposed Search Warrant RPO 18-13 Search Warrant Inventory Receipt Return J. Service of RPO: Initial service involves the delivery of a certified copy of the RPO (Temporary or Final), Petition, any included attachments and Notice of Hearing, which may be part of the order or contained within a separate Notice of Hearing on the Respondent Service for the Final RPO involves delivery of a certified copy of the Final RPO on the Respondent if not otherwise served in open court. K. Return of Service (ROS): Filing with the court a return of service which contains the date and time the order was received, the date and time the order was personally served upon the Respondent along with a Surrender Receipt noting what items (if any) where seized from the Respondent pursuant to the order. The ROS shall be signed by the Deputy who perfected service. IV. RPO PETITION LEGAL REQUIREMENTS AND CONSIDERATIONS: A. Petition Requirements: 1. The Petition must allege that the Respondent poses a significant danger of causing personal injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the Respondent. 2. The Petition must identify the quantities, types, and locations of all firearms and ammunition the Petitioner believes to be in the respondent’s current ownership, possession, custody, or control. 3. The Petition must identify whether there is a known existing protection order governing the Respondent under s. 741.30, s. 784.046, or s. 784.0485, or under any other applicable statute. 4. If the Petition includes a request for a Temporary Risk Protection Order, then the Petition must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the Respondent in the near future. 5. The Petitioner must make a good faith effort to provide notice to a family or household member of the Respondent and to any known third party who may be at risk of violence (Family Notice Form RPO 18-06). The notice must state that the Petitioner intends to petition the court for an RPO or has already done so and must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The Petitioner must attest in the petition to having provided such notice or must attest to the steps that will be taken to provide such notice. GENERAL ORDER Risk Prot