Risk Protection Orders

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 have been provided by the Office of the State Courts Administrator.

Only law enforcement officers or law enforcement agencies may file an RPO petition. 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.

If you are a law enforcement officer seeking an RPO:

In order to open a Risk Protection Order case, a law enforcement officer or law enforcement agency must file the following documents with the Clerk of Courts of the Domestic Violence Division: Petition for Risk Protection Order including an Affidavit in Support of Risk Protection Order and a Respondent’s Description Sheet. Links to these forms are available below.

  • What is a 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).

  • What is a 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.

If a RPO has been entered against you and you would like to have the order removed:

In order to remove a Risk Protection Order that has been issued against you and has not yet expired, you must appear for a hearing before a Judge. If you would like a hearing with a Judge to request the removal of your Risk Protection Order, you must first file a motion (a written request) to dismiss with the court. A link to this motion form is available below and once you complete it you can submit it to the Clerk of Court.

For Respondents: Motion to Vacate RPO

If a Risk Protection Order that has been issued against you has expired:

If a Risk Protection Order that was issued by the court against you on behalf of a law enforcement officer or agency has expired, the case will be closed. If law enforcement removed your firearm(s) as a result of the Risk Protection Order, you must contact the law enforcement agency that filed the Risk Protection Order against you (the name of the agency can be found on the top left of your Risk Protection Order) to request the return of your firearm(s).