Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for SB 7026 Ì521176,Î521176 LEGISLATIVE ACTION Senate . House . . . Floor: 1d/F/2R . 03/03/2018 01:16 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gibson moved the following: 1 Senate Amendment to Amendment (234288) 2 3 Delete lines 463 - 988 4 and insert: 5 (a) “Petitioner” means a law enforcement officer, a law 6 enforcement agency, or a family or household member that 7 petitions a court for a risk protection order under this 8 section. As used in this paragraph, the term “family or 9 household member” has the same meaning as provided in s. 741.28 10 and includes a person who: 11 1. Has a biological or legal parent-child relationship with 12 the respondent, including stepparents and stepchildren and 13 grandparents and grandchildren; and 14 2. Is acting or has acted as the respondent’s legal 15 guardian. 16 (b) “Respondent” means the individual who is identified as 17 the respondent in a petition filed under this section. 18 (c) “Risk protection order” means a temporary ex parte 19 order or a final order granted under this section. 20 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created 21 an action known as a petition for a risk protection order. 22 (a) A petition for a risk protection order may be filed by 23 a law enforcement officer, a law enforcement agency, or a family 24 or household member. 25 (b) An action under this section must be filed in the 26 county where the petitioner is located or the county where the 27 respondent resides. 28 (c) Such petition for a risk protection order does not 29 require either party to be represented by an attorney. 30 (d) Notwithstanding any other law, attorney fees may not be 31 awarded in any proceeding under this section. 32 (e) A petition must: 33 1. Allege that the respondent poses a significant danger of 34 causing personal injury to himself or herself or others by 35 having a firearm or any ammunition in his or her custody or 36 control or by purchasing, possessing, or receiving a firearm or 37 any ammunition, and must be accompanied by an affidavit made 38 under oath stating the specific statements, actions, or facts 39 that give rise to a reasonable fear of significant dangerous 40 acts by the respondent; 41 2. Identify the quantities, types, and locations of all 42 firearms and ammunition the petitioner believes to be in the 43 respondent’s current ownership, possession, custody, or control; 44 and 45 3. Identify whether there is a known existing protection 46 order governing the respondent under s. 741.30, s. 784.046, or 47 s. 784.0485 or under any other applicable statute. 48 (f) If the petitioner is a law enforcement officer or a law 49 enforcement agency, the petitioner must make a good faith effort 50 to provide notice to a family or household member of the 51 respondent and to any known third party who may be at risk of 52 violence. The notice must state that the petitioner intends to 53 petition the court for a risk protection order or has already 54 done so and must include referrals to appropriate resources, 55 including mental health, domestic violence, and counseling 56 resources. The petitioner must attest in the petition to having 57 provided such notice or must attest to the steps that will be 58 taken to provide such notice. 59 (g) If the petitioner is a law enforcement officer or a law 60 enforcement agency, the petitioner must list the address of 61 record on the petition as being where the appropriate law 62 enforcement agency is located. If the petitioner is a family or 63 household member, the petitioner must list the address of his or 64 her residential address unless he or she has a reasonable fear 65 that including his or her residential address might result in 66 harm to himself or herself or to a person living at that 67 address, and if so, the petitioner may list a post office box 68 address. 69 (h) A court or a public agency may not charge fees for 70 filing or for service of process to a petitioner seeking relief 71 under this section and must provide the necessary number of 72 certified copies, forms, and instructional brochures free of 73 charge. 74 (i) A person is not required to post a bond to obtain 75 relief in any proceeding under this section. 76 (j) The circuit courts of this state have jurisdiction over 77 proceedings under this section. 78 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.— 79 (a) Upon receipt of a petition, the court must order a 80 hearing to be held no later than 14 days after the date of the 81 order and must issue a notice of hearing to the respondent for 82 the same. 83 1. The clerk of the court shall cause a copy of the notice 84 of hearing and petition to be forwarded on or before the next 85 business day to the appropriate law enforcement agency for 86 service upon the respondent as provided in subsection (5). 87 2. The court may, as provided in subsection (4), issue a 88 temporary ex parte risk protection order pending the hearing 89 ordered under this subsection. Such temporary ex parte order 90 must be served concurrently with the notice of hearing and 91 petition as provided in subsection (5). 92 3. The court may conduct a hearing by telephone pursuant to 93 a local court rule to reasonably accommodate a disability or 94 exceptional circumstances. The court must receive assurances of 95 the petitioner’s identity before conducting a telephonic 96 hearing. 97 (b) Upon notice and a hearing on the matter, if the court 98 finds by clear and convincing evidence that the respondent poses 99 a significant danger of causing personal injury to himself or 100 herself or others by having in his or her custody or control, or 101 by purchasing, possessing, or receiving, a firearm or any 102 ammunition, the court must issue a risk protection order for a 103 period that it deems appropriate, up to and including, but not 104 exceeding 12 months. 105 (c) In determining whether grounds for a risk protection 106 order exist, the court may consider any relevant evidence, 107 including, but not limited to, any of the following: 108 1. A recent act or threat of violence by the respondent 109 against himself or herself or others, whether or not such 110 violence or threat of violence involves a firearm. 111 2. An act or threat of violence by the respondent within 112 the past 12 months, including, but not limited to, acts or 113 threats of violence by the respondent against himself or herself 114 or others. 115 3. Evidence of the respondent being seriously mentally ill 116 or having recurring mental health issues. 117 4. A violation by the respondent of a risk protection order 118 or a no contact order issued under s. 741.30, s. 784.046, or s. 119 784.0485. 120 5. A previous or existing risk protection order issued 121 against the respondent. 122 6. A violation of a previous or existing risk protection 123 order issued against the respondent. 124 7. Whether the respondent, in this state or any other 125 state, has been convicted of, had adjudication withheld on, or 126 pled nolo contendere to a crime that constitutes domestic 127 violence as defined in s. 741.28. 128 8. The respondent’s ownership of, access to, or intent to 129 possess firearms or ammunition. 130 9. The unlawful or reckless use, display, or brandishing of 131 a firearm by the respondent. 132 10. The recurring use of, or threat to use, physical force 133 by the respondent against another person or the respondent 134 stalking another person. 135 11. Whether the respondent, in this state or any other 136 state, has been arrested for, convicted of, had adjudication 137 withheld on, or pled nolo contendere to a crime involving 138 violence or a threat of violence. 139 12. Corroborated evidence of the abuse of controlled 140 substances or alcohol by the respondent. 141 13. Evidence of recent acquisition of firearms or 142 ammunition by the respondent. 143 14. Any relevant information from family and household 144 members concerning the respondent. 145 15. Witness testimony, taken while the witness is under 146 oath, relating to the matter before the court. 147 (d) A person, including an officer of the court, who offers 148 evidence or recommendations relating to the cause of action 149 either must present the evidence or recommendations in writing 150 to the court with copies to each party and his or her attorney, 151 if one is retained, or must present the evidence under oath at a 152 hearing at which all parties are present. 153 (e) In a hearing under this section, the rules of evidence 154 apply to the same extent as in a domestic violence injunction 155 proceeding under s. 741.30. 156 (f) During the hearing, the court must consider whether a 157 mental health evaluation or chemical dependency evaluation is 158 appropriate and, if such determination is made, may order such 159 evaluations, if appropriate. 160 (g) A risk protection order must include all of the 161 following: 162 1. A statement of the grounds supporting the issuance of 163 the order; 164 2. The date the order was issued; 165 3. The date the order ends; 166 4. Whether a mental health evaluation or chemical 167 dependency evaluation of the respondent is required; 168 5. The address of the court in which any responsive 169 pleading should be filed; 170 6. A description of the requirements for the surrender of 171 firearms and ammunition under subsection (7); and 172 7. The following statement: 173 174 “To the subject of this protection order: This order will last 175 until the date noted above. If you have not done so already, you 176 must surrender immediately to the ...(insert name of local law 177 enforcement agency)... all firearms and ammunition that you own 178 in your custody, control, or possession and any license to carry 179 a concealed weapon or firearm issued to you under s. 790.06, 180 Florida Statutes. You may not have in your custody or control, 181 or purchase, possess, receive, or attempt to purchase or 182 receive, a firearm or ammunition while this order is in effect. 183 You have the right to request one hearing to vacate this order, 184 starting after the date of the issuance of this order, and to 185 request another hearing after every extension of the order, if 186 any. You may seek the advice of an attorney as to any matter 187 connected with this order.” 188 189 (h) If the court issues a risk protection order, the court 190 must inform the respondent that he or she is entitled to request 191 a hearing to vacate the order in the manner provided by 192 subsection (6). The court shall provide the respondent with a 193 form to request a hearing to vacate. 194 (i) If the court denies the petitioner’s request for a risk 195 protection order, the court must state the particular reasons 196 for the denial. 197 (4) TEMPORARY EX PARTE RISK PROTECTION ORDERS.— 198 (a) A petitioner may request that a temporary ex parte risk 199 protection order be issued before a hearing for a risk 200 protection order, without notice to the respondent, by including 201 in the petition detailed allegations based on personal knowledge 202 that the respondent poses a significant danger of causing 203 personal injury to himself or herself or others in the near 204 future by having in his or her custody or control, or by 205 purchasing, possessing, or receiving, a firearm or ammunition. 206 (b) In considering whether to issue a temporary ex parte 207 risk protection order under this section, the court shall 208 consider all relevant evidence, including the evidence described 209 in paragraph (3)(c). 210 (c) If a court finds there is reasonable cause to believe 211 that the respondent poses a significant danger of causing 212 personal injury to himself or herself or others in the near 213 future by having in his or her custody or control, or by 214 purchasing, possessing, or receiving, a firearm or ammunition, 215 the court must issue a temporary ex parte risk protection order. 216 (d) The court must hold a temporary ex parte risk 217 protection order hearing in person or by telephone on the day 218 the petition is filed or on the business day immediately 219 following the day the petition is filed. 220 (e) A temporary ex parte risk protection order must include 221 all of the following: 222 1. A statement of the grounds asserted for the order; 223 2. The date the order was issued; 224 3. The address of the court in which any responsive 225 pleading may be filed; 226 4. The date and time of the scheduled hearing; 227 5. A description of the requirements for surrender of 228 firearms and ammunition under subsection (7); and 229 6. The following statement: 230 231 “To the subject of this protection order: This order is valid 232 until the date noted above. You are required to surrender all 233 firearms and ammunition that you own in your custody, control, 234 or possession. You may not have in your custody or control, or 235 purchase, possess, receive, or attempt to purchase or receive, a 236 firearm or ammunition while this order is in effect. You must 237 surrender immediately to the ...(insert name of local law 238 enforcement agency)... all firearms and ammunition in your 239 custody, control, or possession and any license to carry a 240 concealed weapon or firearm issued to you under s. 790.06, 241 Florida Statutes. A hearing will be held on the date and at the 242 time noted above to determine if a risk protection order should 243 be issued. Failure to appear at that hearing may result in a 244 court issuing an order against you which is valid for 1 year. 245 You may seek the advice of an attorney as to any matter 246 connected with this order.” 247 248 (f) A temporary ex parte risk protection order ends upon 249 the hearing on the risk protection order. 250 (g) A temporary ex parte risk protection order must be 251 served by a law enforcement officer in the same manner as 252 provided for in subsection (5) for service of the notice of 253 hearing and petition and must be served concurrently with the 254 notice of hearing and petition. 255 (h) If the court denies the petitioner’s request for a 256 temporary ex parte risk protection order, the court must state 257 the particular reasons for the denial. 258 (5) SERVICE.— 259 (a) The clerk of the court shall furnish a copy of the 260 notice of hearing, petition, and temporary ex parte risk 261 protection order or risk protection order, as applicable, to the 262 sheriff of the county where the respondent resides or can be 263 found, who shall serve it upon the respondent as soon thereafter 264 as possible on any day of the week and at any time of the day or 265 night. When requested by the sheriff, the clerk of the court may 266 transmit a facsimile copy of a temporary ex parte risk 267 protection order or a risk protection order that has been 268 certified by the clerk of the court, and this facsimile copy may 269 be served in the same manner as a certified copy. Upon receiving 270 a facsimile copy, the sheriff must verify receipt with the 271 sender before attempting to serve it upon the respondent. The 272 clerk of the court shall be responsible for furnishing to the 273 sheriff information on the respondent’s physical description and 274 location. Notwithstanding any other provision of law to the 275 contrary, the chief judge of each circuit, in consultation with 276 the appropriate sheriff, may authorize a law enforcement agency 277 within the jurisdiction to effect service. A law enforcement 278 agency effecting service pursuant to this section shall use 279 service and verification procedures consistent with those of the 280 sheriff. Service under this section takes precedence over the 281 service of other documents, unless the other documents are of a 282 similar emergency nature. 283 (b) All orders issued, changed, continued, extended, or 284 vacated after the original service of documents specified in 285 paragraph (a) must be certified by the clerk of the court and 286 delivered to the parties at the time of the entry of the order. 287 The parties may acknowledge receipt of such order in writing on 288 the face of the original order. If a party fails or refuses to 289 acknowledge the receipt of a certified copy of an order, the 290 clerk shall note on the original order that service was 291 effected. If delivery at the hearing is not possible, the clerk 292 shall mail certified copies of the order to the parties at the 293 last known address of each party. Service by mail is complete 294 upon mailing. When an order is served pursuant to this 295 subsection, the clerk shall prepare a written certification to 296 be placed in the court file specifying the time, date, and 297 method of service and shall notify the sheriff. 298 (6) TERMINATION AND EXTENSION OF ORDERS.— 299 (a) The respondent may submit one written request for a 300 hearing to vacate a risk protection order issued under this 301 section, starting after the date of the issuance of the order, 302 and may request another hearing after every extension of the 303 order, if any. 304 1. Upon receipt of the request for a hearing to vacate a 305 risk protection order, the court shall set a date for a hearing. 306 Notice of the request must be served on the petitioner in 307 accordance with subsection (5). The hearing must occur no sooner 308 than 14 days and no later than 30 days after the date of service 309 of the request upon the petitioner. 310 2. The respondent shall have the burden of proving by clear 311 and convincing evidence that the respondent does not pose a 312 significant danger of causing personal injury to himself or 313 herself or others by having in his or her custody or control, 314 purchasing, possessing, or receiving a firearm or ammunition. 315 The court may consider any relevant evidence, including evidence 316 of the considerations listed in paragraph (3)(c). 317 3. If the court finds after the hearing that the respondent 318 has met his or her burden of proof, the court must vacate the 319 order. 320 4. The law enforcement agency holding any firearm or 321 ammunition or license to carry a concealed weapon or firearm 322 that has been surrendered pursuant to this section shall be 323 notified of the court order to vacate the risk protection order. 324 (b) The court must notify the petitioner of the impending 325 end of a risk protection order. Notice must be received by the 326 petitioner at least 30 days before the date the order ends. 327 (c) The petitioner may, by motion, request an extension of 328 a risk protection order at any time within 30 days before the 329 end of the order. 330 1. Upon receipt of the motion to extend, the court shall 331 order that a hearing be held no later than 14 days after the 332 date the order is issued and shall schedule such hearing. 333 a. The court may schedule a hearing by telephone in the 334 manner provided by subparagraph (3)(a)3. 335 b. The respondent must be personally served in the same 336 manner provided by subsection (5). 337 2. In determining whether to extend a risk protection order 338 issued under this section, the court may consider all relevant 339 evidence, including evidence of the considerations listed in 340 paragraph (3)(c). 341 3. If the court finds by clear and convincing evidence that 342 the requirements for issuance of a risk protection order as 343 provided in subsection (3) continue to be met, the court must 344 extend the order. However, if, after notice, the motion for 345 extension is uncontested and no modification of the order is 346 sought, the order may be extended on the basis of a motion or 347 affidavit stating that there has been no material change in 348 relevant circumstances since entry of the order and stating the 349 reason for the requested extension. 350 4. The court may extend a risk protection order for a 351 period that it deems appropriate, up to and including but not 352 exceeding 12 months, subject to an order to vacate as provided 353 in paragraph (a) or to another extension order by the court. 354 (7) SURRENDER OF FIREARMS AND AMMUNITION.— 355 (a) Upon issuance of a risk protection order under this 356 section, including a temporary ex parte risk protection order, 357 the court shall order the respondent to surrender to the local 358 law enforcement agency all firearms and ammunition owned by the 359 respondent in the respondent’s custody, control, or possession 360 except as provided in subsection (9), and any license to carry a 361 concealed weapon or firearm issued under s. 790.06. 362 (b) The law enforcement officer serving a risk protection 363 order under this section, including a temporary ex parte risk 364 protection order, shall request that the respondent immediately 365 surrender all firearms and ammunition owned by the respondent in 366 his or her custody, control, or possession and any license to 367 carry a concealed weapon or firearm issued under s. 790.06. The 368 law enforcement officer shall take possession of all firearms 369 and ammunition owned by the respondent which are surrendered. 370 Alternatively, if personal service by a law enforcement officer 371 is not possible or is not required because the respondent was 372 present at the risk protection order hearing, the respondent 373 must surrender any firearms, ammunition, and license to carry a 374 concealed weapon or firearm owned by the respondent in a safe 375 manner to the control of the local law enforcement agency 376 immediately after being served with the order by service or 377 immediately after the hearing at which the respondent was 378 present. Notwithstanding ss. 933.02 and 933.18, a law 379 enforcement officer may seek a search warrant from a court of 380 competent jurisdiction to conduct a search for firearms or 381 ammunition owned by the respondent if the officer has probable 382 cause to believe that there are firearms or ammunition owned by 383 the respondent in the respondent’s custody, control, or 384 possession which have not been surrendered. 385 (c) At the time of surrender, a law enforcement officer 386 taking possession of a firearm, any ammunition, or a license to 387 carry a concealed weapon or firearm owned by the respondent 388 shall issue a receipt identifying all firearms and the quantity 389 and type of ammunition that have been surrendered and shall 390 provide a copy of the receipt to the respondent. Within 72 hours 391 after service of the order, the law enforcement officer serving 392 the order shall file the original receipt with the court and 393 shall ensure that his or her law enforcement agency retains a 394 copy of the receipt. 395 (d) Notwithstanding ss. 933.02 and 933.18, upon the sworn 396 statement or testimony of any person alleging that the 397 respondent has failed to comply with the surrender of firearms 398 or ammunition that he or she owns as required by an order issued 399 under this section, the court shall determine whether probable 400 cause exists to believe that the respondent has failed to 401 surrender all firearms or ammunition that he or she owns in his 402 or her custody, control, or possession. If the court finds that 403 probable cause exists, the court must issue a warrant describing 404 the firearms or ammunition and authorizing a search of the 405 locations where the firearms or ammunition owned by the 406 respondent are reasonably believed to be found and the seizure 407 of any firearms or ammunition discovered pursuant to such 408 search. 409 (e) If a person other than the respondent claims title to 410 any firearms or ammunition surrendered pursuant to this section 411 and he or she is determined by the law enforcement agency to be 412 the lawful owner of the firearm or ammunition, the firearm or 413 ammunition shall be returned to him or her, if: 414 1. The lawful owner agrees to store the firearm or 415 ammunition in a manner such that the respondent does not have 416 access to or control of the firearm or ammunition. 417 2. The firearm or ammunition is not otherwise unlawfully 418 possessed by the owner. 419 (f) Upon the issuance of a risk protection order, the court 420 shall order a new hearing date and require the respondent to 421 appear no later than 3 business days after the issuance of the 422 order. The court shall require proof that the respondent has 423 surrendered any firearms or ammunition in his or her custody, 424 control, or possession. The court may cancel the hearing upon a 425 satisfactory showing that the respondent is in compliance with 426 the order. 427 (g) All law enforcement agencies must develop policies and 428 procedures by January 1, 2019, regarding the acceptance, 429 storage, and return of firearms, ammunition, or licenses 430 required to be surrendered under this section. 431 (8) RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.— 432 (a) If a risk protection order is vacated or ends without 433 extension, a law enforcement agency holding a firearm or any 434 ammunition that has been surrendered or seized pursuant to this 435 section must return such surrendered firearm or ammunition 436 requested by a respondent only after confirming through a 437 background check that the respondent is currently eligible to 438 own or possess firearms and ammunition under federal and state 439 law and after confirming with the court that the risk protection 440 order has been vacated or has ended without extension. 441 (b) If a risk protection order is vacated or ends without 442 extension, the Department of Agriculture and Consumer Services, 443 if it has suspended a license to carry a concealed weapon or 444 firearm pursuant to this section, must reinstate such license 445 only after confirming that the respondent is currently eligible 446 to have a license to carry a concealed weapon or firearm 447 pursuant to s. 790.06. 448 (c) A law enforcement agency must provide notice to any 449 family or household members of the respondent before the return 450 of any surrendered firearm and ammunition. 451 (d) Any firearm and ammunition surrendered by a respondent 452 pursuant to subsection (7) which remains unclaimed by the lawful 453 owner after an order to vacate the risk protection order shall 454 be disposed of in accordance with the law enforcement agency’s 455 policies and procedures for the disposal of firearms in police 456 custody. 457 (9) TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may 458 elect to transfer all firearms and ammunition that have been 459 surrendered to or seized by a local law enforcement agency 460 pursuant to subsection (7) to another person who is willing to 461 receive the respondent’s firearms and ammunition. The law 462 enforcement agency may allow such a transfer only if it is 463 determined that the chosen recipient: 464 (a) Currently is eligible to own or possess a firearm and 465 ammunition under federal and state law after confirmation 466 through a background check; 467 (b) Attests to storing the firearms and ammunition in a 468 manner such that the respondent does not have access to or 469 control of the firearms and ammunition until the risk protection 470 order against the respondent is vacated or ends without 471 extension; and 472 (c) Attests not to transfer the firearms or ammunition back 473 to the respondent until the risk protection order against the 474 respondent is vacated or ends without extension. 475 (10) REPORTING OF ORDERS.— 476 (a) Within 24 hours after issuance, the clerk of the court 477 shall enter any risk protection order or temporary ex parte risk 478 protection order issued under this section into the uniform case 479 reporting system. 480 (b) Within 24 hours after issuance, the clerk of the court 481 shall forward a copy of an order issued under this section to 482 the appropriate law enforcement agency specified in the order. 483 Upon receipt of the copy of the order, the law enforcement 484 agency shall enter the order into the Florida Crime Information 485 Center and National Crime Information Center. The order must 486 remain in each system for the period stated in the order, and 487 the law enforcement agency may only remove an order from the 488 systems which has ended or been vacated. Entry of the order into 489 the Florida Crime Information Center and National Crime 490 Information Center constitutes notice to all law enforcement 491 agencies of the existence of the order. The order is fully 492 enforceable in any county in this state. 493 (c) The issuing court shall, within 3 business days after 494 issuance of a risk protection order or temporary ex parte risk 495 protection order, forward all available identifying information 496 concerning the respondent, along with the date of order 497 issuance, to the Department of Agriculture and Consumer 498 Services. Upon receipt of the information, the department shall 499 determine if the respondent has a license to carry a concealed 500 weapon or firearm. If the respondent does have a license to 501 carry a concealed weapon or firearm, the department must 502 immediately suspend the license. 503 (d) If a risk protection order is vacated before its end 504 date, the clerk of the court shall, on the day of the order to 505 vacate, forward a copy of the order to the Department of 506 Agriculture and Consumer Services and the appropriate law 507 enforcement agency specified in the order to vacate. Upon 508 receipt of the order, the law enforcement agency shall promptly 509 remove the order from any computer-based system in which it was 510 entered pursuant to paragraph (b). 511 (11) PENALTIES.— 512 (a) A person who makes a false statement, which he or she 513 does not believe to be true, under oath in a hearing under this 514 section in regard to any material matter commits a felony of the 515 third degree, punishable as provided in s. 775.082, s. 775.083, 516 or s. 775.084. 517 (b) A person who has in his or her custody or control a 518 firearm or any ammunition or who purchases, possesses, or 519 receives a firearm or any ammunition with knowledge that he or 520 she is prohibited from doing so by an order issued under this 521 section commits a felony of the third degree, punishable as 522 provided in s. 775.082, s. 775.083, or s. 775.084. 523 (12) LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section 524 does not affect the ability of a law enforcement officer to 525 remove a firearm or ammunition or license to carry a concealed 526 weapon or concealed firearm from any person or to conduct any 527 search and seizure for firearms or ammunition pursuant to other 528 lawful authority. 529 (13) LIABILITY.—Except as provided in subsection (8) or 530 subsection (11), this section does not impose criminal or civil 531 liability on any person or entity for acts or omissions related 532 to obtaining a risk protection order or temporary ex parte risk 533 protection order, including, but not limited to, providing 534 notice to the petitioner and any known third party that may be 535 at risk of