Category: FL-Specific Laws · Statute: F.S. 790.401 · Source: Florida Legislature
Understanding Red Flag Law (Risk Protection Order) in Florida
In Florida, the "Red Flag Law" is legally known as a Risk Protection Order (RPO) under Section 790.401 of the Florida Statutes. Enacted in the wake of the Marjory Stoneman Douglas High School Public Safety Act, this civil judicial process allows law enforcement officers or agencies to petition a court to temporarily restrict a person's access to firearms and ammunition. To obtain an RPO, the petitioner must present clear and convincing evidence that the respondent poses a significant danger of causing personal injury to themselves or others by having a firearm in their custody or control.
Unlike some other states with similar red flag laws, Florida's statute restricts the filing of an RPO petition strictly to law enforcement officers or agencies, rather than allowing family members or roommates to petition the court directly. If a judge finds reasonable cause, they can issue a temporary ex parte RPO immediately, requiring the individual to surrender all firearms and ammunition. A formal hearing must then be held within 14 days, where a judge decides whether to issue a final RPO, which can last up to 12 months and is subject to annual renewal requests by law enforcement.
How Risk Protection Orders Affect Bail and Pretrial Release
When an individual is arrested for a crime involving violence or threats, the existence of a concurrent Risk Protection Order investigation heavily influences pretrial release conditions. Under Florida law, judges at first appearance hearings routinely review whether an RPO has been filed or served. If an RPO is active, the court will strictly prohibit the possession of any weapons as an absolute condition of bail. Furthermore, violating an active RPO is a third-degree felony in Florida, meaning any attempt to acquire a firearm while out on bond will result in the immediate revocation of bail and a return to custody without the possibility of a new release.
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