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9 verbatim requirements from 2005-09.2 Amended Procedures for Return of Firearms Pursuant to §933.14(3) Florida Statutes 2.
Twelfth Judicial Circuit (Manatee, Sarasota, DeSoto). Procedural information only; not legal advice.
• The alleged perpetrator of the breach of the peace or the owner of the firearm or pistol (hereafter "owner") shall file a sworn motion for return of property in the criminal division of the county court seeking return of the firearm or pistol. • The sworn motion shall contain the incident date and incident number (agency case number) assigned by the agency in possession of the firearm or pistol. • The alleged perpetrator or owner shall forward copies of the sworn motion for return of property to the agency in possession of the firearm or pistol and the State Attorney's Office. • The Clerk of Court shall not assess a filing fee for the filing of the motion. 1 For purposes of this Administrative Order, a breach of the peace is defined as: [S]uch acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct. § 877.03, Fla. Stat. The Clerk will assign a case number and forward the court file to the county court judge's Office for review. • Upon receipt of the sworn motion, the county court judge will review the motion for facial sufficiency. If the motion is facially sufficient, the court will direct the agency in possession of the firearm to show cause as to why the firearm should not be returned. In preparing its response, the agency shall provide the Court with the following information: a. The agency's grounds for asserting that the alleged perpetrator committed a breach of the peace; b. Any and all information, including but not limited to incident reports or probable cause affidavits, concerning the incident, which gave rise to the seizure of the firearm or pistol; c. Details of prior criminal history following a complete records check on the alleged perpetrator or owner (local, FCIC/NCIC); d. Whether there are any outstanding warrants on the alleged perpetrator; e. Information on the firearm or pistol, such as whether the firearm or weapon had been reported stolen or used in a crime; f. Whether an injunction for protection against domestic violence is in effect that would prohibit the return of the firearm or pistol; g. After consulting with the State Attorney's Office, whether any charges are pending from the incident or will be filed; h. Any objection the agency has to the return of the firearm or pistol. • Upon receipt of the agency's response, the Court will determine whether a hearing is necessary, and if so, the Court will provide notice to the agency, the State Attorney's Office, and the alleged perpetrator or owner. Notice shall be provided by certified mail, return receipt requested, and once returned, the notice information shall be filed in the court file. 2 See Information and Instructions for additional instruction concerning types of cases, which are excluded • If a hearing is set, the agency in possession of the firearm shall be represented by an individual with knowledge of the facts surrounding the seizure of the firearm and be prepared to answer any questions the Court may raise concerning the agency's response and/or any information contained therein. • The State Attorney's Office shall be represented at the hearing and confirm whether any charges are pending or will be filed from the incident, which led to the seizure of the firearm or pistol and is further responsible for notifying any alleged victim named in the underlying probable cause affidavit or other supporting documentation of the hearing date. • The failure of the agency to file a response within the time provided or to appear at a noticed hearing shall be deemed to constitute consent to the release of the named property.
The alleged perpetrator of the breach of the peace or the owner of the firearm or pistol (hereafter "owner") shall file a sworn motion for return of property in the criminal division of the county court seeking return of the firearm or pistol.
Reviewer note: PDF sha256: 956cce68742bf072d2f4f0345c99e79590dee18100151bbfc30600651383d82d. Read from the ORDERED section as numbered paragraphs. Verbatim from the operative section of https://www.jud12.flcourts.org/Portals/0/AdminOrders/Section02/05-09-2.pdf, harvested 2026-08-02; whitespace normalised only. [moved from the text 2026-09-14]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.