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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 11 P a g e 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 2 1 P a g e • 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. 3 1 P a g e • 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). 4 1 P a g e • 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. 5 1 P a g e • 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. 6 1 P a g e 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. 7 1 P a g e 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 81 Page 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 9 1 P a g e 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 101Page 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. 111 Page 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. 121Page 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. 131 Page 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. 141 Page 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 15 1 P a g e 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 161 Page 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 17 1 P a g e