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40 verbatim requirements from 5th Jud. Cir., A-2019-1 — sha256-hashed 2026-07-25.
Fifth Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter). Procedural information only; not legal advice.
Verbatim from https://www.circuit5.org/wp-content/uploads/2019/01/a-2019-1.pdf, harvested 2026-07-25; whitespace normalised only. • The following procedures will be followed in all cases in which a party seeks issuance, enforcement, vacation, or extension of a temporary or final RPO and the attached forms provided by the Office of State Courts Administrator shall be used for such purposes. • The temporary ex parte RPO hearing required by Section 790.401(4) must be held on the day the petition is filed or on the business day immediately following the day the petition is filed. • The court must receive assurances of the identity of the petitioner before conducting a telephonic hearing. • This petition must be filed by either a law enforcement officer or a law enforcement agency through an employee or person authorized to file the petition on their behalf (the “Petitioner”). • If the Petitioner requests a temporary ex parte risk protection order, there are two additional requirements that are not otherwise required for a petition for a final risk protection order: 1) the sworn facts that demonstrate that Respondent poses a significant danger of causing injury must be based on personal knowledge; and 2) the sworn facts must demonstrate that the danger may occur in the near future. • This petition must be filed in the clerk’s office for the circuit court 1) in the county where the • The petition and accompanying affidavit(s) must provide facts that give rise to a reasonable fear that Respondent poses a significant danger of causing personal injury to themselves/others by having a firearm or ammunition in their custody, control, or possession. • As much of the Respondent’s identifying and demographic information as possible must be included in the appropriate spaces in Section II. • Petitioner must be a law enforcement officer or a law enforcement agency. • An affidavit (or affidavits) alleging specific facts that give rise to a reasonable fear of significant dangerous acts by the Respondent is attached to this petition as Exhibit A and is incorporated by reference. {If a temporary risk protection order is requested, facts supporting the allegation that Respondent poses a significant danger of causing personal injury to themselves or others IN THE NEAR FUTURE must be provided from someone with PERSONAL KNOWLEDGE of those facts.} • Florida or in any other state to a crime that constitutes domestic violence as defined in s. 741.28, Florida Statutes; has used, or threatened to use, against themselves or others, any weapons; has unlawfully or recklessly used, displayed, or brandished a firearm; has used, or threatened to use on a recurring basis, physical force against another person or has stalked another person; has been arrested for, convicted of, had adjudication withheld, or pled nolo contendere to a crime involving violence or a threat of violence in Florida or in any other state; has abused or is abusing controlled substances or alcohol; has recently acquired firearms or ammunition; is required to possess firearm(s) and/or ammunition in the scope and duties of their occupation; has been the subject of proceedings under the Baker Act or Marchman Act; other (Additional relevant information may be included as attached exhibits. • For the foregoing reasons, Petitioner requests the Court to: enter a Temporary Risk Protection Order. schedule a hearing to be held within 14 days of the date of the order to determine if a • You are required to surrender all firearms and ammunition that you own in your custody, control, or possession. • You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. • You must surrender immediately to the (insert name of local law enforcement agency) all firearms and ammunition in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under section 790.06, Florida Statutes. • A law enforcement officer taking possession of any firearm or ammunition owned by the Respondent or a license to carry a concealed weapon or firearm held by the Respondent shall issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered. • Law enforcement shall file the original receipt with the Court. • Arrangements for a court reporter must be made in advance. • Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. • Arrangements for a -- 16 of 39 -- 15 court reporter must be made in advance. • Petitioner and Respondent shall appear for a hearing at which the Respondent will be required to prove compliance, to be held in Courtroom _______, in the court facility located at __________________________________________________________ on ____________________, 20____, at ______ A.M./P.M. • A law enforcement officer taking possession of any firearm or ammunition owned by the Respondent, or a license to carry a concealed weapon or firearm held by the Respondent, shall issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered. • Respondent shall, within _______ days of the date of this order, obtain such evaluation(s) and file evidence of compliance with the court and serve a copy on Petitioner. • THIS FINAL RISK PROTECTION ORDER shall be in effect until ______________, 20____, unless extended or vacated, pursuant to section 790.401, Florida Statutes. • The Petitioner may, by motion, request an extension of this order at any -- 21 of 39 -- 20 time within 30 days before the end of the order. • If you have not done so already, you must surrender immediately to the ________________ (insert name of local law enforcement agency) all firearms and ammunition that you own in your custody, control, or possession and any license to carry a concealed weapon or firearm issued to you under section 790.06, Florida Statutes. • IT IS FURTHER ORDERED that Petitioner shall, as requested by Respondent, return any firearms, ammunition, or license to carry a concealed weapon or firearm that was surrendered by • IT IS FURTHER ORDERED that the Clerk of the Court shall immediately forward a copy of this Order to the Department of Agriculture and Consumer Services and Petitioner. • IT IS FURTHER ORDERED that the Department of Agriculture and Consumer Services shall, if it has suspended Respondent’s license to carry a concealed weapon or firearm, reinstate • IT IS FURTHER ORDERED that upon receipt of this Order, Petitioner shall promptly remove the risk protection order in this case from any computer-based system in which it was entered, including the Florida Crime Information Center and National Crime Information Center. • This form must be used if you wish to request a hearing to vacate a final risk protection order that has been entered against you pursuant to section 790.401(3), Florida Statutes, or that has been extended pursuant to section 790.401(6), Florida Statutes. • You must file the original of this form with the clerk of court and must serve a copy (by U.S. • Protection Order shall remain in effect or shall be vacated. • The Respondent has proven by clear and convincing evidence that they do not pose a significant danger of causing personal injury to themselves or others by having firearms or ammunition in their custody or control, or by purchasing, possessing, or receiving a firearm or ammunition. • IT IS FURTHER ORDERED that Petitioner shall, as requested by Respondent, return any firearms, ammunition, or license to carry a concealed weapon or firearm that was surrendered by Respondent only after complying with all applicable provisions of federal and state law. • IT IS FURTHER ORDERED that the Clerk of the Court shall immediately forward a copy of this • IT IS FURTHER ORDERED that the Department of Agriculture and Consumer Services shall, if it has suspended Respondent’s license to carry a concealed weapon or firearm, reinstate Respondent’s license to carry a concealed weapon or firearm only after complying with all applicable provisions of federal and state law. -- 32 of 39 -- 31 • IT IS FURTHER ORDERED that upon receipt of this Order, Petitioner shall promptly remove the risk protection order in this case from any computer-based system in which it was entered, including the • Therefore, the Respondent is not entitled to another hearing on this matter and the Request to Vacate must be and is DENIED. -or- ____ The Respondent has not previously filed a Request to Vacate the above dated Final Risk Protection • Respondent may not request another hearing to vacate unless the risk protection order presently in effect is extended.
The following procedures will be followed in all cases in which a party seeks issuance, enforcement, vacation, or extension of a temporary or final RPO and the attached forms provided by the Office of State Courts Administrator shall be used for such purposes.
Reviewer note: PDF sha256: ef9ee304be1108464b02c4cb8ae51b96b93ab5e94198d75646af2efb3b5087e1. Extracted from the document's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.