In 2018, in response to the tragic mass murder of 17 students and faculty at Marjory Stoneman Douglas High School, the Florida Legislature created a legal process for Risk Protection Orders (RPOs) to temporarily remove firearms and ammunition from those who pose a danger to themselves or others.
Commonly referred to as a "Red Flag Law," Florida Statute 790.401 allows law enforcement officers to file a petition asking a judge to enter a Risk Protection Order that may remain in effect for up to one year.
There are many reasons for RPOs. Some are a result of an individual who is amid a mental health crisis, others are a result of violent threats and ongoing domestic violence situations. In addition to the statutory criteria that are used by both the agency and the courts to determine whether to issue an RPO, the Broward Sheriff’s Office conducts a thorough review of the initial complaint, the respondent’s criminal history, civil history, and an extensive search of the respondent’s social media outlets.
Once granted, if an individual is found to violate a risk protection order, it is a 3rd degree felony punishable by up to 5 years in prison.
The subject of an RPO has the right to appear in court to contest the order. If the court finds after the hearing that the respondent has provided clear and convincing evidence that he or she does not pose a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm or ammunition, the court must vacate the order.
After one year, upon review, a judge may extend an RPO for an additional 12 months.
When the RPO is ready to expire, the Broward Sheriff’s Office evaluates each situation to determine whether the agency wants to make a request to the court to extend the order for another twelve (12) months. With the assistance of the RPO’s originating entity, the agency is able to make a determination if the individual still poses a significant threat to him/herself and/or others.
The agency may also look into other alternatives to assist the individual if they do not meet the RPO criteria so that a crisis may be prevented.
For more information about RPOs, visit:
Risk Protection Orders – Seventeenth Judicial Circuit of Florida (flcourts.org) .