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• The law enforcement officer must issue a receipt identifying all firearms,
ammunition, and permits which have been surrendered and provide a copy of
the receipt to respondent.
• Within 72 hours after service of the order, the law enforcement officer serving
the order shall file the original receipt with the court and ensure that his or her
law enforcement agency retains a copy.
• Upon sworn statement or testimony alleging respondent has failed to comply
with surrender of firearms or ammunition, the court shall determine whether
probable cause exists to believe that respondent has failed to surrender all
firearms or ammunition in his or her custody, control, or possession.
• If the court finds probable cause exists, the court must issue a warrant
describing the firearms or ammunition and authorizing a search of the locations
where they are reasonably believed to be found and the seizure of any firearms
or ammunition discovered pursuant to such search.
• Surrendered firearms or ammunition determined to be lawfully owned by
someone other than respondent shall be returned to their owner so long as
respondent will not have access to them and the firearms or ammunition are
lawfully possessed by the owner.
• A risk protection order is fully enforceable in any county in Florida.
CAN A RISK PROTECTION ORDER BE VACATED?
• Respondent may submit one written request for a hearing to vacate a risk
protection order, starting after the date of issuance of the order, and may
request another hearing after each extension of the order, if it is extended.
• Upon receipt of the request for a hearing to vacate a risk protection order, the
court shall set a date for a hearing. Notice of the hearing must be served upon
petitioner. The hearing must occur no sooner than 14 days and no later than 30
days after the date of service of the request upon petitioner.
• Respondent shall have the burden of proving, by clear and convincing evidence,
that he or she no longer poses a significant danger of causing personal injury to
himself or herself or others by having firearms or ammunition in his or her
custody or control, or by purchasing, possessing, or receiving them.
• If the court finds after the hearing that the respondent has met his or her
burden of proof, the court must vacate the order.
• If the court vacates the order, it must notify the law enforcement agency who
is holding any firearms, ammunition, or concealed weapons permit which have
been surrendered.
• If a risk protection order is vacated, a law enforcement agency must confirm,
through a background check, that respondent is currently legally eligible to
own or possess firearms and ammunition before returning any firearms,
ammunition, or concealed weapons permits, surrendered by or seized from
respondent pursuant to this section, to respondent at his or her request.