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Serving Flagler, Putnam, St. Johns, and Volusia Counties

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 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 RPO 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 when you submit these documents to the Clerk of the Court.

For Law Enforcement Agencies:

Petition for Temporary risk Protection Order and Final Risk Protection Order (both)

Use this form if you are asking the Court to immediately seize the Respondent’s guns, ammunition and concealed weapons permit.  If the temporary RPO is entered, a compliance hearing will be scheduled to occur within three business days of the date of the order and a final hearing within 14 days.

Petition for Final Risk Protection Order Only

Use this form if there is no immediate urgency and you believe that the Respondent’s guns, ammunition, and concealed weapons permit are temporarily secure. A final hearing will be scheduled to occur within 14 days. No temporary RPO will be considered or entered.

Petition for Temporarily and Final RPO (PDF)

Petition for Final RPO (PDF)

Affidavit in Support of Petition (PDF)

Affidavit in Support of Petition (PDF)

You must file both documents.

You must file both documents.

For Respondents:

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Serving Flagler, Putnam, St. Johns and Volusia Counties