go-70.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Risk Protection Orders CHIEF OF POLICE Signature on File Proudly Policing Since 1841 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 70 01/28/2025 N/A 9 AUTHORITY/RELATED REFERENCES FS Chapter 393, Developmental Disabilities FS 394.455, Definitions (Mental Health) FS 790.401, Risk Protection Orders General Order 8, Mentally Ill Persons General Order 16, Digital Audio/Video Recording System General Order 30, Criminal Intelligence Protocols General Order 42, Impounding and Controlling of Property and Evidence General Order 72, Search and Seizure ACCREDITATION REFERENCES CALEA Chapters 1, 41, 70, 82 CFA Chapter 24 KEY WORD INDEX General Guidelines Procedure I Obtaining a Risk Protection Order (RPO) Procedure II Return of Firearms and/or Ammunition Procedure IV Search Warrants to seize Firearms/Ammunition Procedure III Training Requirements Procedure V POLICY All members who, in the course of their official duties, contact a person believed to be mentally ill or experiencing a mental health crisis are responsible for respecting the person’s dignity. Additionally, officers are responsible for adhering to established Department protocols and applicable statutes regarding the assessment and stabilization of the person.\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT DEFINITIONS Firearm Possession Disability: As defined in Florida Statutes, the prohibition of a person from possessing a firearm because they have been 1) convicted of specific crimes (e.g., all felonies and certain misdemeanors), 2) adjudicated mentally defective, or 3) committed to a mental institution. Mental Health Crisis: State of mind in which a person is unable to cope with and adjust to the recurrent stresses of everyday living in a functional, safe way. This term does not include a developmental disability as defined in FS Chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse. Mental Illness (Mentally Ill): Any ongoing health condition characterized by impairment of a person’s normal cognitive, emotional, or behavioral functioning. This term does not include a developmental disability as defined in FS Chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse. Risk Protection Order (RPO): A court order against a person (respondent) who poses a significant danger of causing personal injury to themselves or others by possessing firearms or ammunition. An RPO allows designated law enforcement officers to collect or seize the respondent’s firearms, ammunition, and any license to carry a concealed weapon/firearm, and prohibits the respondent from purchasing, possessing, or receiving a firearm or any ammunition. There are temporary and long-term RPOs, the latter of which prohibits the respondent from possessing firearms and ammunition for a period of up to 12 months. PROCEDURES I. GENERAL GUIDELINES A. The purpose of FS 790.401 (Risk Protection Orders) is to reduce deaths and injuries as a result of certain persons’ possession or use of firearms and ammunition by providing a judicial procedure for law enforcement officers to obtain a court order temporarily restricting a person’s access to firearms, ammunition and license to carry a concealed weapon or firearm. GENERAL ORDER 70 PAGE 2 of 9 RISK PROTECTION ORDERS JANUARY 28, 2025\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT 1. RPOs concern the seizing and voluntary surrender of firearms, ammunition, and any license to carry a concealed weapon or firearm issued under FS 790.06. 2. RPOs do not authorize law enforcement officers to take a person into protective custody. B. The RPO process is intended to apply only to situations in which a person poses a significant danger of causing personal injury to themselves or others by possessing a firearm or ammunition. C. Officers/Detectives are not authorized to serve RPOs, nor are they authorized to collect firearms, ammunition, or any license to carry a concealed weapon/firearm because of an RPO service. D. Officers/Detectives shall refer to Section IV regarding firearm collections associated with an involuntary assessment. E. The Leon County Sheriff’s Office (LCSO) is the designated law enforcement agency in Leon County authorized to serve RPOs and collect firearms, ammunition, and any license to carry a concealed weapon/firearm pursuant to an RPO service. F. On-scene officer(s) who discover a person is the respondent in an unserved RPO shall request the assistance of the LCSO to render service of the RPO. Officers do not have the authority to detain a person pursuant to the service of an RPO. G. The Legal Advisor is responsible for representing the Department’s interest in obtaining RPOs and coordinating with the LCSO and the courts as needed in this regard (see section II below). H. The Criminal Intelligence Unit RPO designee is responsible for follow- up of all RPO investigations and will work with the Legal Advisor to ensure the requirements of statute and policy are completed. II. OBTAINING A RISK PROTECTION ORDER A. The Department, facilitated by the Legal Advisor, may petition the court for an RPO. B. A petition for an RPO must allege that the person (respondent) poses a significant danger of causing personal injury to themselves or others by GENERAL ORDER 70 PAGE 3 of 9 RISK PROTECTION ORDERS JANUARY 28, 2025\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT possessing a firearm or ammunition, and a petition shall include the following: 1. Specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent, 2. Identify the quantities, types, and locations of all firearms and ammunition in possession, custody and control of the respondent, 3. A statement whether there is a known existing protection order (e.g., domestic violence injunction) for the respondent, and 4. An attestation, as required by FS 790.401(2)(F), concerning the Department providing notice to the family or household member of the respondent and to any known third party who may be at risk of violence. The attestation, completed by the Criminal Intelligence Unit (CIU), must either: a. Address the fact that the required notices were made, or b. Explain the steps that will be taken to provide such notice(s). C. Whenever the Department petitions the court for an RPO, notice shall be made to the persons identified in subsection B 4 above, and the notice must include: 1. A statement that the Department intends to petition the court for an RPO or has already done so, and 2. Referrals to appropriate resources, including mental health, domestic violence, and counseling resources. D. The Legal Advisor is available 24/7 by phone to address questions about obtaining an RPO. If the legal advisor is unavailable, the Criminal Intelligence Unit RPO designee may be contacted. E. Due to statutory requirements, officers who believe an RPO is appropriate for a person shall complete a Risk Protection Order Referral (PD358), Risk Protection Order Affidavit (PD359) and email the forms to the ‘TPD RPO Requests’ email group (tpdrporequest@talgov.com) before the end of their shift. The forms can be found on Sharepoint. GENERAL ORDER 70 PAGE 4 of 9 RISK PROTECTION ORDERS JANUARY 28, 2025\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT F. Upon notice from the court of an approved RPO petition, the CIU is responsible for ensuring the RPO was entered into FCIC/NCIC. CIU will complete a supplemental report. III. SEARCH WARRANTS TO SEIZE FIREARMS AND AMMUNITION A. When a law enforcement officer has probable cause to believe a person who was served with an RPO failed to surrender all firearms and/or ammunition they own, FS 790.401(7)(d) authorizes the officer to petition the court for a search warrant to search for and seize the firearms and/or ammunition. B. If a situation as described in subsection A ab