23-17 AMENDED, SUPERSEDES 23-17 RE: MENTAL HEALTH – RISK PROTECTION ORDERS - ORDERED 10/23/2023 BY CHARLES G. CRAWFORD
EXCERPT: “WHEREAS, it is the intent of the legislature as expressed in Section 790.401 Florida Statutes (“The Risk Protection Order Act”) to temporarily prevent individuals who are at high risk of harming themselves or others from accessing firearms or ammunition, and WHEREAS, a judicial procedure has been created under The Risk Protection Order Act that allows law enforcement officers or agencies to obtain a court order temporarily restricting a person’s access to firearms and ammunition in situations where that person poses a significant danger of harming himself or herself or others by possessing a firearm or ammunition, and WHEREAS, it is critical to adopt local procedures that will respect and protect the constitutional rights of respondents and due process of law; and WHEREAS, it is necessary in the 18th Circuit for the efficient administration of justice to adopt policies and procedures for the handling of petitions filed under The Risk Protection Order Act, including filing requirements, service on court personnel, and the manner and procedure for scheduling the various hearings provided under The Risk Protection Order Act; and WHEREAS, pursuant to Rule 2.215, Florida Rules of Judicial Administration, the Chief Judge is charged with ensuring the efficient and proper administration of all courts with the circuit;
NOW THEREFORE, it is ORDERED as follows: (Open AO for more information.)”
Additional Information:
- AO 23-17
- Florida Statutes Section 790.401 (“The Risk Protection Order Act”)
- Florida Rules of Judicial Administration Rule 2.215