HB 231 - Risk Protection Orders Summary

• Creates section 790.401, Florida Statutes, establishing "Risk Protection Orders" to temporarily prevent individuals at high risk of harming themselves or others from accessing firearms through court orders issued to family, household members, and law enforcement.

• Permits petitions for risk protection orders in circuit courts without filing fees, with hearings required within 14 days; allows ex parte temporary orders to be issued immediately and without notice to the respondent if reasonable cause exists.

• Requires respondents subject to final 1-year risk protection orders to surrender all firearms and concealed weapons licenses to law enforcement within 48 hours; law enforcement agencies must develop policies and procedures for firearm storage and return by June 1, 2019.

• Establishes grounds for granting orders including recent acts or threats of violence, dangerous mental health issues, violations of protection orders, domestic violence convictions, and evidence of recent firearm acquisition; respondents may request termination hearings every 12 months.

• Prohibits filing false petitions and violating orders as criminal offenses with penalties ranging from first-degree misdemeanor to third-degree felony for repeat violations; requires convicted violators to be prohibited from possessing firearms for 5 years after order expiration.