Florida
Fla. Stat. ยง 790.401

Who May Petition

LEO

Burden of proof for Emergency Order or Ex Parte Order

Reasonable cause to believe that the respondent poses a significant danger of causing personal injury to himself or herself or others in the near future by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition.

Notice and Opportunity

Hearing within 15 days, notice included in ex parte order

Service

By sheriff of county in which respondent lives, or another designated LEA

What is Prohibited?

Custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition

Relinquish Firearms

Respondent ordered to relenquish firearms and any concealed carry license or turn over to designated 3rd party

Seizure by LEA

LEO must get search warrant for firearms not relenquished

Burden of Proof at Hearing

Clear and convincing evidence that the respondent does not pose a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm or ammunition.  

Authority to Order Mental Health/Substance Abuse Evaluation

May order mental health or chemical dependecy evaluation

Entry into NICS

LEA to enter into NICS within 24 hours

Duration of Order after Hearing

A fixed period not to exceed 1 year

Warrantless Arrest Permitted in Statute

Not specified in statute

Criminal Penalty

3rd degree felony punishable by up to 5 years in prison

Contempt Penalty

 

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