Risk Protection Orders

In response to the 2018 deadly mass shooting that occurred at Marjory Stoneman Douglas High School, the Florida Legislature created a legal process for law enforcement agencies to temporarily remove firearms and ammunition from residents who pose a danger to themselves or others.  This process is referred to as a Risk Protection Order (RPO) and is detailed within Florida Statute 790.401.   

RPOs allow investigating officers to file a petition through the court system against an individual that may remain in effect for up to one year.  Risk Protection Orders may be the result of an individual who has made violent threats, is experiencing an ongoing domestic violence situation, or is undergoing a mental health crisis.  An individual’s First and Second Amendment rights will always be taken into consideration by investigating officers before an RPO is petitioned – including a thorough review of the statutory criteria, the initial complaint, the subject’s criminal history and their social media postings.

Once granted, if an individual is found to be in violation of their risk protection order it is considered a 3rd degree felony and punishable by up to 5 years in prison.

Any resident who is subject to an RPO has the right to appear in court to contest the order.  If the court determines that the individual does not pose a significant danger of causing personal injury to themselves or to others by having custody or control of a firearm or ammunition, the court will vacate the order.

When an RPO is set to expire, a judge may extend the order for an additional 12-months if it is determined that the individual still poses a danger to themselves or others.  This determination is based in part on a thorough evaluation by the Pembroke Pines Police Department which is then provided to the courts.