IN THE CIRCUITCOURT OFTHE EIGHTH JUDICIALCIRCUIT
INANDFOR GILCHRISTCOUNTY, FLORIDA
______
Petitioner (LawEnforcementOfficer/Agency),
Case Number: ______
v.
Division: ______
______
Respondent.
TEMPORARY RISK PROTECTION ORDER,
NOTICE OF COMPLIANCE HEARING,
AND NOTICE OF COURT-ORDERED FINAL EVIDENTIARY HEARING
TO: ______, Respondent
Address: ______
Date of Birth: ______Gender: ______Race: ______
Physical Description: ______
______
SURRENDER OF FIREARMS, AMMUNITION AND LICENSE
YOU ARE HEREBY ORDERED TO IMMEDIATELY SURRENDER ALL FIREARMS, AMMUNITION, AND CONCEALED CARRY LICENSES TO LAW ENFORCEMENT. YOU ARE HEREBY PROHIBITED, AS SET FORTH IN MORE DETAIL BELOW, FROM HAVING OR ACQUIRING ANY FIREARM OR AMMUNITION.
COMPLIANCE HEARING
UNLESS THE COURT OR THE PETITIONER WAIVES IT, YOU MUST APPEAR BEFORE THE UNDERSIGNED JUDGE FOR A COMPLIANCE HEARING ON______AT ______AM/PM IN COURTROOM ____ ATTHE GILCHRIST COUNTY COURTHOUSE, 112 SOUTH MAIN STREET, TRENTON, FLORIDA, TO SHOW PROOF THAT YOU HAVE SURRENDERED YOUR FIREARMS AND AMMUNITION.
FINAL EVIDENTIARY HEARING
YOU ARE ALSO ORDERED TO APPEAR BEFORE THE COURT ON ______AT ______AM/PM IN COURTROOM ____ OF THE GILCHRIST COUNTY COURTHOUSE, 112 SOUTH MAIN STREET, TRENTON, FLORIDA, FOR AN EVIDENTIARY HEARING TO DETERMINE WHETHER A FINAL RISK PROTECTION ORDER SHALL BE ISSUED.
IMPORTANT – READ THOROUGHLY
THIS ORDER REMAINS IN EFFECT UNTIL THE COURT ISSUES ITS RULING AFTER THE ABOVE-SCHEDULED EVIDENTIARY HEARING, AT WHICH TIME THE REQUIREMENTS OF THIS ORDER MAY TERMINATE OR MAY CONTINUE IN EFFECT IF A FINAL RISK PROTECTION ORDER IS GRANTED.
A VIOLATION OF THIS ORDER CONSTITUTES A THIRD DEGREE FELONY PUNISHABLE BY UP TO FIVE (5) YEARS IN PRISON AND A $5,000.00 FINE. YOU HAVE THE SOLE RESPONSIBILITY TO AVOID OR REFRAIN FROM VIOLATING THIS ORDER'S PROVISIONS. ONLY A COURT CAN CHANGE THE ORDER AND ONLY UPON WRITTEN REQUEST.
You may choose to file a responsive pleading in this matter. If you choose to file a response, the original of the responsive pleading must be filed with the Clerk of this Court within 5 days. The Clerk of the Court is Todd Newton, 112 South Main Street, Trenton, FL 32693. Copies of any pleading, motions or other papers filed with the Clerk must also be sent at the time of filing to the Petitioner at the address for the Petitioner shown in the petition a copy of which is being served on you with this order. You may consult with and obtain the services of an attorney at your own expense but are not required to do so.
Pursuant to section 790.401(4)(e)(6), Florida Statutes, you are provided with the following statement:
To the subject of this protection order: This order is valid until the date noted above. Youare required to surrender all firearms and ammunition that you have in your custody, control or possession. You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. You must surrender immediately to law enforcement all firearms and ammunition in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under s. 790.06, Florida Statutes. A hearing will be held on the date and at the time noted above to determine if a risk protection order should be issued. Failure to appear at that hearing may result in a court issuing an order against you which is valid for 1 year. You may seek the advice of an attorney as to any matter connected with this order.
The law enforcement officer serving this order on you will request that you immediately surrender all firearms and ammunition owned by you in your custody, control or possession and any license to carry a concealed weapon or firearm issued under s.790.06 held by you. The officer will then take possession of said items. A law enforcement officer may seek a search warrant to conduct a search for firearms or ammunition if the officer has probable cause to believe that there are firearms or ammunition which have not been surrendered. Upon the sworn statement of any person alleging that you have failed to surrender all items as ordered, the Court may issue a search warrant upon finding probable cause that you have not complied with this order and may authorize seizure of firearms and ammunition found. When you surrender firearms, ammunition and any license as required by this order the law enforcement officer taking possession shall issue a receipt identifying everything that has been surrendered, shall file the original receipt with the Court, and shall provide a copy of the receipt to you. If a person other than you claims title to any firearms or ammunition surrendered, after verification thereof by law enforcement the items may be returned to the owner if possession thereby is not otherwise unlawful and if said lawful owner agrees to store said items in such a manner that you will not have access to or control of them. Under some circumstances you may request law enforcement to transfer items surrendered or seized to another person. You are further advised:
This order was entered upon a finding of reasonable cause, based on detailed allegations from personal knowledge, to believe that you pose a significant danger of causing personal injury either to yourself or others in the near future by having in your custody or control, or by purchasing, possessing or receiving, a firearm or ammunition. A further statement of the grounds asserted for this order is contained in the petition and statement under oath accompanying the petition which are being furnished to you together with this order.
The Clerk of Court shall forthwith furnish a copy of this temporary risk protection order and notice of hearings, and the petition with accompanying statement under oath filed herein, to the appropriate sheriff for service on the respondent. Within 24 hours after issuance of this order, the Clerk shall enter this order into the uniform case reporting system and forward a copy of this order to the petitioner.
The petitioner shall, upon receipt of a copy of this order, immediately enter this order into the Florida Crime Information Center and National Crime Information Center where it shall remain until it expires or is vacated by the Court.
DONE and ORDERED on this _____, day of ______, 20___.
______
Circuit Judge
IN THE CIRCUITCOURT OFTHE EIGHTH JUDICIALCIRCUIT
INANDFORGILCHRISTCOUNTY, FLORIDA
______
Petitioner (LawEnforcementOfficer/Agency),
Case Number: ______
v.
Division: ______
______
Respondent.
NOTICE OF FINAL EVIDENTIARY HEARING
To: Petitioner and Respondent
YOU ARE HEREBY NOTIFIED THAT PURSUANT TO s. 790.401(3)(a), FLORIDA STATUTES, A HEARING ON A PETITION FOR A RISK PROTECTION ORDER HAS BEEN SCHEDULED BEFORE THIS COURT ON:______AT ______A.M./P.M., inCOURTROOM ______, LOCATED AT THE GILCHRIST COUNTY COURTHOUSE, 112 SOUTH MAIN STREET, TRENTON, FLORIDA 32693.
If the petition is granted, you will be required to surrender immediately to the local law enforcement agency all firearms and any ammunition that you own, or in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under s. 790.06, Florida Statutes. Thereafter, you will be prohibited from having in your custody or control, and prohibited from purchasing, possessing, receiving, or attempting to purchase or receive, a firearm or ammunition while this order is in effect.
DONE and ORDERED on this _____, day of ______, 20___.
______
Circuit Judge
Copies furnished to:
Petitioner: ______
______
Respondent: ______
______
Florida Department of Agriculture and Consumer Services:
I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the Clerk of the Circuit Court of Gilchrist County, Florida, and that I have furnished copies of this order as indicated above.
CLERK OF THE CIRCUIT COURT
By:
______
Deputy Clerk
ACKNOWLEDGMENT
I, ______, acknowledge receipt of a certified copy of this Order Granting Temporary Ex Parte Risk Protection.
______
Petitioner
ACKNOWLEDGMENT
I, ______, acknowledge receipt of a certified copy of this Order Granting Temporary Ex Parte Risk Protection.
______
Respondent
Under the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled to be provided with certain assistance at no cost to you. Please contact the ADA Coordinator at (352) 337-6237 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired, call 1-800-955-8770 via Florida Relay Service.
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