Category: FL-Specific Laws · Statute: F.S. 790.401 · Source: Florida Legislature
Understanding Risk Protection Order (Gun Seizure) in Florida
In Florida, a Risk Protection Order (RPO) is a civil court order issued under Section 790.401 of the Florida Statutes, commonly referred to as the state's "red flag" law. Enacted in the wake of the Marjory Stoneman Douglas High School Public Safety Act, this law authorizes law enforcement officers or agencies to petition a court to temporarily restrict an individual's access to firearms and ammunition. To obtain an RPO, law enforcement must present clear and convincing evidence that the respondent poses a significant danger of causing personal injury to themselves or others by having firearms in their custody or control.
The process typically begins with a temporary, ex parte RPO, which a judge can issue immediately without the respondent present if there is an emergency risk. This temporary order lasts up to 14 days, during which the respondent must surrender all firearms and ammunition to law enforcement. A formal hearing must then be held within those 14 days, where the respondent has the right to be heard. If the court finds the risk persists, it can issue a final RPO lasting up to 12 months, which law enforcement can petition to extend before it expires.
How an RPO Affects Bail and Pretrial Release
While an RPO is a civil action, it heavily impacts criminal pretrial release and bail conditions if a concurrent arrest occurs. Under Florida law, judges routinely integrate RPO restrictions into pretrial release orders, making the surrender of firearms a mandatory condition of remaining out on bail. A violation of an active RPO is a third-degree felony in Florida. Consequently, any violation of the gun seizure order while out on bail will trigger an immediate revocation of pretrial release, resulting in the defendant being held in jail without bond until their trial.