Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for SB 7026
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LEGISLATIVE ACTION
Senate . House
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Senator Gibson moved the following:
1 Senate Amendment to Amendment (318628)
2
3 Delete lines 462 - 974
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 in
178 your custody, control, or possession and any license to carry a
179 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 custody,
239 control, or possession and any license to carry a concealed
240 weapon or firearm issued to you under s. 790.06, Florida
241 Statutes. A hearing will be held on the date and at the time
242 noted above to determine if a risk protection order should be
243 issued. Failure to appear at that hearing may result in a court
244 issuing an order against you which is valid for 1 year. You may
245 seek the advice of an attorney as to any matter connected with
246 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