The Marjory Stoneman Douglas High School Public Safety Act was enacted on March 9, 2018, and created section 790.401, Florida Statutes. This act is also known as “The Risk Protection Order Act”. Risk Protection Orders are also referred to as RPO’s. The requirements of what must be contained in the petition and resulting orders are contained in section 790.401, and the forms below have been provided by the Office of the State Courts Administrator.
Only law enforcement officers or law enforcement agencies may file an RPO petition. All documents filed in Risk Protection Order cases should be in substantial compliance with these forms.
Depending on the situation, there are two different petitions and proposed orders for RPO’s available. Please be sure that you use the correct petition and proposed order when you submit them to the court through E-Warrants.
Florida Statute 790.401 Administrative Order 2022-13.5 - In Re: Procedures for Risk Protection Orders
Petition for Temporary Risk Protection Order and Final Risk Protection Order (both)
If you are asking the court to immediately seize the guns/ammunition/concealed weapons permit then you need an ex-parte hearing for an order, so you are requesting a Temporary RPO (hearing held within 48 hours) and a Final Hearing (hearing held within 14 days).
For Clerks of Court
Petition for Risk Protection Order
If there is no immediate urgency and you know that the guns/ammunition/concealed weapons permit are temporarily secure, you are requesting a final hearing for a Risk Protection Order to be held within 14 days. There is no ex-parte hearing and no temporary order; only a final hearing.