1937 SCSO Risk Protection Order Agrmt (copy)CITY OF
S-A�NFORD
FLORIDA
(SANFORD POLICE DEPARTMENT)
TRANSMITTAL MEMORANDUM
TO: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
M
Safe keeping (Vault)
❑
Ordinance
❑
❑
Performance Bond
❑
Resolution
M
Risk Protection Order Filing
Agreement Between The Seminole County Sheriff and the
City
of Sanford
Once completed, please:
❑ Return original
❑ Return copy
N Retain the original
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
�From
at 9
RISK PROTECTION ORDER FILING AGREEMENT BETWEEN
THE SEMI N OLE -COUNTY HERIFF-AN D -T -H E -C -IT-Y-OF-SAN FORD
THIS AGREEMENT is made and entered into this —k day of
2018, by and between Sheriff Dennis M. Lemma, /as Sheriff of Seminole County,
hereinafter referred to as "SHERIFF," a Constitutional Officer of the political subdivision
of Seminole County, Florida, whose address is 100 Eslinger Way, Sanford, Florida 32773,
and the City of Sanford, a municipal corporation organized under the laws of the State of
Florida, hereinafter referred to as "CITY", whose address is 300 North Park Avenue,
Sanford, Florida 32771 (hereinafter referred to collectively as "Parties").
WHEREAS, in accordance with Sections 163.01 (2) and 163.01 (14), Florida
Statutes, the Sheriff and the City are authorized to enter into interlocal agreements for the
provision of services; and
WHEREAS, Section 790.401, Florida Statutes, was created by the Florida
legislature through the enactment of Chapter 2018-3, Laws of Florida (Section 16 of
Committee Substitute for Senate Bill Number 70260 and is known as the "Risk Protection
OrderAct", and
WHEREAS, the Risk Protection Order Act was created to temporarily prevent
individuals who are at high risk of harming themselves or others from accessing firearms
or ammunition by allowing law enforcement officers or a law enforcement agency to
obtain a court order when there is demonstrated evidence that a person poses a
significant danger to himself or herself or others, including significant danger as a result
of a mental health crisis or violent behavior; and
WHEREAS, the express purpose and intent of the Risk Protection Order Act is to
reduce deaths and injuries as a result of certain individuals' use of firearms while
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respecting constitutional rights by providing a judicial procedure for law enforcement
officers or law enforcement agencies to obtain a court order temporarily restricting a
person's access to firearms and ammunition; and
WHEREAS, the Parties recognize that seeking a Risk Protection Order ("RPO")
pursuant to Section 790.401, Florida Statutes, may be necessary to protect individuals
from harming themselves or others in the near future and beyond by possessing or
purchasing firearms or ammunition and with that, standards and safeguards are
necessary to protect the rights of respondents and the due process of law; and
WHEREAS, the City maintains a law enforcement agency within the City of
Sanford — the Sanford Police Department (SPD); and
WHEREAS, the City recognizes the authority of the SPD pursuant to Section
790.401, Florida Statutes, to pursue RPOs independently but also hereby authorizes the
SPD to pursue said matters as an arm of the City as well; and
WHEREAS, the City agrees to the legal filing and processing of these matters by
the Seminole County Sheriff's Office - Office of General Counsel in the name of the SPD;
and
WHEREAS, the Parties recognize there are significant features of the Risk
Protection Order Act such as the following:
• Allows the law enforcement officer or the law enforcement agency to petition the
court for the RPO. The Petition need not be filed by an attorney.
& Law enforcement can seek a RPO and also seek a Temporary Ex parte RPO
(TRPO) be entered before a Hearing on an RPO
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• The Petition is filed in the county where the petitioner's law enforcement office is
located or the county where the respondent resides.
• There are no filing fees or service fees.
• The Petition is filed in and heard by the Circuit Court.
• The Petitioner may request that a TRPO be issued without notice to the
respondent, by including in the petition detailed allegations based on personal knowledge
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.
• The court must hear the ex parte Petition within 24 hours of the Petition being filed
or on the next following business day.
• If an Ex Parte Petition is granted than a hearing on a RPO must be set within
fourteen (14) days of the Order Setting the hearing.
• The Petition must be accompanied by an affidavit made under oath stating the
specific statements, actions, or facts that give rise to a reasonable fear of significant
dangerous acts by the respondent based upon personal knowledge of the affiant.
• The Petition must also identify the quantities, types, and locations of all firearms
and ammunition the petitioner believes to be in the respondent's current ownership,
possession, custody, or control.
• The Petition must identify whether there is a known existing protection order
governing the respondent under Section 741.30, Florida Statutes, Section 784.046,
Florida Statutes, or Section 784.0485, Florida Statutes, or under any other applicable
Florida Statute.
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• There must be a good faith effort to provide notice to a family or household member
of the respondent and to any known third party who may be at risk of violence. The notice
must state that the petitioner intends to petition the court for a RPO or has already done
so, and must include referrals to appropriate resources, including mental health, domestic
violence, and counseling resources. The petitioner must attest in the petition to having
provided such notice or must attest to the steps that will be taken to provide such notice.
• The Petition, TRPO and Notice of Hearing on the RPO are required to be served
on the Respondent at the same time.
• Any TRPO and any RPO must require the Respondent to immediately surrender
any firearms, ammunition and concealed carry permit he owns in his possession, custody
or control to law enforcement upon service of the Order and additional hearings are
required to verify that the Respondent has complied with the RPO surrender requirement.
• The law sets forth considerations for the court to consider in whether to grant a
.W
• Hearings are held by the Court for a TRPO as well as a RPO.
• The rules of evidence apply to the same extent as in a domestic violence injunction.
• The TRPO is valid until the final hearing.
• The RPO is valid for a period up to 12 months, but can be extended upon Motion
by the Petitioner.
• The respondent has the right to request a hearing to vacate the RPO as well as
any extension.
• Service of RPOs takes priority over other process except where other process is
similar in nature (for example Injunctions for protection).
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• Within twenty-four (24) hours after issuance of an RPO, the clerk of the court must
enter any RPO or TRPO into the uniform case reporting system and forward a copy of
the RPO issued to law enforcement for service.
• The Court must notify the petitioner of the impending end of a RPO. Notice must
be received by the petitioner 30 calendar days before the date the RPO ends.
• When the law enforcement agency gets its copy from the clerk of the court, the law
enforcement agency must enter the order into certain criminal databases. The RPO must
remain in each system for the period stated in the RPO, and the law enforcement agency
shall only remove orders from the systems that have ended or been vacated. Entry into
the Florida Crime Information Center and National Crime Information Center constitutes
notice to all law enforcement agencies of the existence of the RPO. The RPO is fully
enforceable in any county.
• If an RPO is vacated, the clerk of the court shall, on the day it was vacated, forward
a copy of the RPO to the Department of Agriculture and Consumer Services and the
appropriate law enforcement agency specified in the RPO to vacate and upon receipt, the
law enforcement agency has to promptly remove the RPO from any computer-based
system in which it was entered.
Upon the issuance of an RPO, the Court must set another hearing within 3
business days requiring the respondent to appear and show proof that he or she has
surrendered any firearms or ammunition in his or her custody, control or possession. The
Court may cancel the hearing upon a satisfactory showing that the respondent is in
compliance with the RPO.
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• If time on the RPO expires or is vacated then the law enforcement agency must
return the property, provided there is no other reason why the property cannot be returned
and it must notify the family and household members and any third party subject to the
notification requirement before the return.
• If personal service of the RPO is accomplished on the respondent at the final
hearing, the respondent shall surrender the firearms and ammunition in a safe manner to
the control of the local law enforcement agency immediately after the hearing at which
the respondent was present.
At the time of surrender, a law enforcement officer taking possession of the items
shall issue a receipt identifying all firearms and the quantity and type of ammunition that
have been surrendered and shall provide a copy of the receipt to the respondent.
• Within seventy-two (72) hours after service of the RPO, the law enforcement officer
serving the RPO shall file the original receipt with the Court and shall ensure that his or
her law enforcement agency retains a copy of the receipt.
• A search warrant for the firearms, ammunition and concealed weapons permit may
be sought if based upon a sworn statement or testimony of any person alleging and
establishing probable cause that the respondent has failed to surrender of the items.
• The Risk Protection Order Act, also sets forth procedures for claimed innocent
owners.
• The Risk Protection Order Act, requires all law enforcement agencies to develop
policies and procedures regarding the new provisions.
Under the Risk Protection Order Act, it is a felony of the third degree for a person
subject to a RPO to possess a firearm.
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0 The Risk Protection Order Act requires the Office of the State Courts Administrator
to develop standardized petition and RPO forms, which must be used after January 1,
2019.
; and
WHEREAS, the City has determined that it is advantageous to contract with the
SHERIFF for the provision of legal services for the legal processing of RPOs; and
WHEREAS, the Parties wish to memorialize their understanding of the
responsibilities and the process to be used in seeking and pursuing an RPO in
accordance with Section 790.401, Florida Statute as may be amended.
NOW, THEREFORE, in consideration of complexities of the procedures and the
benefits to be realized by uniform handling and the need for mutual assistance and the
mutual understandings and Agreements set forth herein, the Parties agree as follows:
1) Term and Termination. This Agreement shall be effective immediately upon the
date of its execution by the last of the Parties and remain in effect until September
1, 2023, unless earlier canceled in writing by a party. In order for the Agreement
to continue in effect beyond September 1, 2023, this Agreement must be renewed
in writing by the participating Parties.
2) Purpose. The purpose of this Agreement is to set forth the authority for the Sheriff
to Petition the circuit court for the issuance of RPOs and TRPOs on behalf of the
City pursuant to the provisions of Section 790.401 Florida Statutes, as may be
amended, and to set forth the process for intake, review, assistance, processing,
and legal representation.
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3) Third Party Beneficiaries. This Agreement is intended to apply to the Parties to
this agreement only and there are no third party beneficiaries to this Agreement.
4) Cooperation. It is agreed that the Parties shall provide all reasonable and
necessary cooperation and assistance so as to facilitate this Agreement.
5) Basic Services to be provided by the Parties.
a. The Sheriff agrees to the following:
1. To direct and authorize his Office of General Counsel, in accordance with
the provisions of Section 790.401 Florida Statutes, as may be amended, to
file all Petitions for RPOs including requests for TRPOs after conducting
pre -filing consultation, proper work up and follow-up discussion with the
SPD; handle all legal aspects, provide all legally required notices as a result
of the filing of the RPO or TRPO, to include providing the required notice to
any family, household member and/or third party (hereinafter "Family
Notice") of the filing of a Petition for RPO where not previously provided by
the SPD; handle all hearings, including but not limited to Motions to Extend
and Motions to Vacate; handle all appeals from matters arising from the
filing of an RPO after consultation with the SPD.
2. Prepare and make available for use by the SPD, an RPO Checklist
Request, all Template Forms for use in the RPO process to include the
following: Law Enforcement Affidavit in Support of the Petition; Witness
Statement Affidavit in Support of Petition for RPO, Written Family Notice
indicating the SPD's intent to pursue a RPO containing a listing of the
community services available; Form Authorizing Respondent's Voluntary
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Transfer to Third Party of items subject to surrender; Form Affidavit of Third
Party Accepting Transfer of Surrendered Items from Respondent; Firearm
Surrender Receipt to be filed with the clerk upon service of the Court Order
which will be provided to the SPD for their records and a Search Warrant
Affidavit and Proposed Order for Search Warrant Form; Notice of Impending
Return of Firearm to Persons Entitled to Notice Form (collectively "Template
Forms") and any other Forms determined useful in the RPO process.
3. Set up an e-mail address where the SPD can email its RPO Checklist
Request, law enforcement Affidavit(s) in support of the Petition for RPO,
any Family Notice provided and any other Template Forms used, which will
be checked daily by representatives of the Sheriff to review the case
information submitted.
4. Conduct background research, to the extent authorized by law, regarding
factors for consideration and provide the paperwork findings to the SPD for
inclusion in their affidavit upon their review or for inclusion in the RPO
Petition as an attachment. The background search may include review of
the following factors:
• A previous or existing RPO issued against the respondent.
• A violation of a previous or existing RPO issued against the respondent.
• Evidence of any prior Baker Actor Hal Marchman Act initiated against the
respondent.
• Identification of whether there is a known existing protection order
governing the person under Section 741.30, Florida Statutes, (DV
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Injunction), Section 784.046, Florida Statutes, (injunction for protection
against repeat violence, sexual violence, or dating violence) or Section
784.0485, Florida Statutes, (injunction for protection against stalking) or
other Florida Statute.
• Evidence of any violation by the respondent of a protection order or a no
contact order issued under Section 741.30, Florida Statutes, Section
784.046, Florida Statutes, or Section 784.0485, Florida Statutes.
• Whether the respondent, in this state or any other state, has been convicted
of, had adjudication withheld on, or pled nolo contendere to a crime that
constitutes domestic violence as defined in Section 741.28 Florida Statutes.
• Whether the respondent, in this state or any other state, has been arrested,
convicted of, had adjudication withheld on, or pled nolo contendere to a
crime involving violence or a threat of violence.
• Evidence involving the Respondent's contacts with law enforcement, which
allege the brandishing of a firearm or threats of violence.
5. Make the Sheriff's Domestic Violence/Crisis Intervention Team section
within the Diversified Investigative Unit available to assist the SPD with
obtaining witness statements on any Baker Act or suicide call involving the
use of a firearm or threat of violence where witnesses are present at the
scene or otherwise identified by the SPD.
6. Provide the SPD with any witness statements obtained and Family Notice
Forms obtained by Sheriff's Office personnel for the SPD's scanning into
the Sheriff's computerized reporting system known as CAFE under the
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SPD's precipitating case number and for their ability to send a full RPO
Request package to the Sheriff as described in paragraph b.
7. The Sheriff will serve all required Notices of Hearing, Petitions, TRPOs and
RPOs on the respondent, enter all orders into required databases, file all
returns, surrender receipts with the court, and provide a copy of any
surrender receipt to the SPD for the SPID's records.
8. Notify the SPD when a RPO is no longer in effect.
9. Provide training to the SPD upon request at a time and location to be
mutually agreed upon and to provide updates on any statutory changes
affecting RPOs.
10. In response to a public records request received by the SPD pertaining to
an RPO or TRPO petition and proceeding, provide the SPD with a copy of
records requested or allow the records to be inspected or copied within a
reasonable time where not otherwise exempted by law
11. Maintain all records pertaining to an RPO or TRPO petition and proceeding
in accordance with applicable records retention schedules as required by
law.
b. The City, through the SPID, agrees to the following_
1. Use an RPO Checklist submittal Form and Template Forms made available
on the Sheriff's SCSOnet Sharepoint site located under Office of the Sheriff:
Legal: RPO folder, as amended from time to time by the Office of General
Counsel and to provide any and all information required for filing an RPO
petition and TRPO request.
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2. Attempt to identify any family, household member or third party who may be
in danger as a result of the precipitating incident or if the respondent were
to possess or have access to a firearm.
3. Attempt to obtain RPO witness statement affidavits of witnesses present at
the scene of the precipitating event and call the Sheriff's dispatch to request
the Sheriffs Domestic Violence/Crisis Intervention Team section
assistance, if assistance is needed and provide dispatch with a return call
number for the SPD's on scene law enforcement officer.
4. Scan all SPD officer and witness affidavits, Family Notices and other
Template Forms completed into CAFE under the SPD's case number,
which precipitated the request for an RPO whether the SPD obtained or
obtained by the Sheriffs Domestic Violence/Crisis Intervention Team
section.
5. Send a scanned copy of the RPO Request Checklist, any RPO supporting
affidavits, Family Notice Forms and other Template Forms upon completion
to RPOrequest@seminolesheriff.org.
6. Provide an SPD officer upon request by the Sheriff to be an escort for the
Sheriff's Civil Process Division when it serves any RPO or TRPO.
7. Take into possession any firearms, ammunition, concealed weapon permit
surrendered by the respondent at the time a RPO or TRPO is served, and
maintain custody of such items at the SPD in accordance with SPD policy
and the requirements of the RPO/TRPO.
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8. Attend any hearings upon request of the Sheriff without the need for
subpoena.
9. Be responsible for preparation of a search warrant, if necessary, as
authorized by Section 790.401, Florida Statutes.
10. Provide Sheriff a designated point of contact where Sheriff may
communicate requests, needs, case status information, Notices of Hearings
and other pertinent case information within ten (10) days of the execution
of this agreement.
11. Payment of any and all costs associated with the processing of a RPO such
as discovery costs and costs for any appeal taken arising from the filing of
12. Provide Notice of Impending Firearm Return to persons entitled to such
notice.
c. The Sheriff and the City through the SPD both agree to the following:
13. To comply with any Administrative Order, which now exists or might exist
in the future as put in place by the Court with regard to the processing, and
handling of RPOs as it affects Seminole County and with any legislative
amendments to Section 790.401, Florida Statutes.
d. The Parties agree to the following:
1. The Parties agree to work together to make adjustments to this agreement
as may be needed as a result of any legislative changes or Court
Administrative Order and make amendments to this agreement if such
amendment is deemed necessary by the Parties.
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2. While the City recognizes the right of the SPD to file an RPOITRPO and
agrees to the Sheriff doing so for the SPD, the City retains the ultimate right
to halt, terminate, or assume responsibility and legal control of a proceeding
or corresponding action for those cases originating within the City.
3. The Parties agree and recognize that the SHERIFF will be corresponding
with the SPD and not the City on Risk Protection matters and that approval
to file a RPO will be made by the SPD and not the City. Any decision by the
City to halt, terminate, or assume responsibility and legal control of an RPO
proceeding or corresponding action for those cases originating within the
City will be communicated to the SPD and to the Sheriff. Communication to
the Sheriff will be made at RPOService@seminolesheriff.org.
6) Indemnification. The Parties to this Agreement agree to assume its own liability
and responsibility for the acts, omission, or conduct of their own employees in
connection with this Agreement or any actions undertaken in relation to this
Agreement, subject to the provisions of Section 768.28, Florida Statutes, and
790.401, Florida Statutes, where applicable. All personnel remain ultimately
accountable to their respective employing agencies. In turn, each employing party
remains responsible for such employees and assumes any liability for the actions
of its employees. Pursuant to 768.28(19) Florida Statute, neither the Sheriff nor
the City waive any defense of sovereign immunity, or increases the limits of its
liability, upon entering into this Agreement. This Agreement does not contain any
provision that requires one party to indemnify or insure the other party for the other
party's actions, or to assume any liability for the other party's actions.
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7) Dispute Resolution. This Agreement shall be governed by and construed with the
laws of the State of Florida. Venue shall be in Seminole County, Florida. The
Sheriff or his appointed designee and the Chief of the SPD or his designee shall
resolve minor disputes.
8) Notices. Whenever any party desires to give notice unto the other party, notice
may be sent to:
For the Sheriff:
Office of General Counsel
Seminole County Sheriff s Office
100 Eslinger Way
Sanford, Florida 32773
(407) 665-6603
RPOservice@seminolesheriff.org
(Note this email is different from the email for submission of the RPO package)
For the City:
Cecil Smith, Chief of Police
Sanford Police Department
815 Historic Goldsboro Boulevard
Sanford, Florida 32771
(407) 688-5071
toni.woods@sanfordfl.gov
With a copy to:
Norton N. Bonaparte, Jr., ICMA-CM
City Manager
300 North Park Avenue
Sanford, Florida 32771
9) Entire Agreement. It is understood and agreed that the entire Agreement of the
parties is contained herein and that this Agreement supersedes all oral
Agreements and negotiations between the parties relating to the subject matter
hereof, as well as any previous Agreement presently in effect between the parties
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relating to the subject matter hereof. Any alterations, amendment, deletions, or
waivers of the provisions of the Agreement shall be valid only when expressed in
writing, approved by the respective parties and duly executed on behalf of each
party as set forth herein.
10) Public Records
(a)
IF THE PARTIES HAVE QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THEIR DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT RELATIVE TO THE OTHER
PART, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE
ADDRESS AND PHONE NUMBER SET FORTH ABOVE.
(b) In order to comply with Florida's public records laws, the Parties must:
(i). Keep and maintain public records that ordinarily and necessarily would be
required by the Party.
(ii). Provide the public with access to public records on the same terms and
conditions that the Party would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law.
(iii). Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(iv). Meet all requirements for retaining public records and transfer, at no cost,
to the other Party all public records in possession of the Party upon termination of
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this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the other Party in a format that is
compatible with the information technology systems of the Party to whom the
records are transferred.
1 1)Severability. If any provision of this Agreement shall be declared invalid for any,
reason, such invalidity shall not affect any of the remaining provisions of this
Agreement.
SIGNATURES CONTINUE NEXT PAGE
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