In part, Florida Senate Bill 7026, the “Marjory Stoneman Douglas High School Public Safety Act” creates Fla. Stat. §790.401, “The Risk Protection Order Act” (“the Act”). Florida Governor Rick Scott signed the Act into law on March 9, 2018 (Laws of Florida Chapter 2018-3).

Five days later, on Wednesday March 14, 2018, the Lighthouse Point Police Department filed a Petition for Risk Protection Order to (1) retain firearms and ammunition that the Department had seized from a resident and (2) prevent the resident from owning or possessing a firearm or ammunition for twelve (12) months, as provided for in the Act.

The Lighthouse Point Police Department is the first law enforcement agency in the State of Florida to implement the provisions of the Act, which is also known as the “Red Flag Law”. The City of Lighthouse Point and its Police Department have been proactive in putting the safety of its residents first and using the Act to aid its law enforcement officers to protect the community.

The Act states that a law enforcement officer or a law enforcement agency may petition the court to protect the public from an individual who “poses a significant danger of causing personal injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition.”

The law firm of Goren, Cherof, Doody, & Ezrol, through Lighthouse Point City Attorney Michael D. Cirullo, Jr. and Assistant City Attorney Shana H. Bridgeman, assisted the Department with filing the Petition on March 14, 2018. On March 15, 2018, Broward County Chief Judge Jack Tuter held a hearing on the Petition and signed an Order Granting Temporary Ex-Parte Risk Protection Order, which allowed the Department to retain the weapons and ammunition it has seized until a final hearing on the matter. At the final hearing, the judge will make a ruling on whether the resident will be prohibited from possessing firearms and ammunition for the 12-month period specified in the Act. 

Click here to read additional information on this matter. http://www.sun-sentinel.com/local/broward/parkland/florida-school-shooting/fl-florida-school-shooting-guns-seized-lighthouse-point-20180316-story.html

For further information regarding the Act and its implementation, please contact Michael D. Cirullo, Jr. at MCirullo@CityAtty.com or Shana H. Bridgeman at SBridgeman@CityAtty.com.

 

GCDE Files First Risk Protection Petition in the State of Florida