Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì521176,Î521176                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1d/F/2R         .                                
             03/03/2018 01:16 PM       .                                
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       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