Category: FL-Specific Laws · Statute: F.S. 790.401 · Source: Florida Legislature
Understanding Risk Protection Order (RPO) in Florida
In Florida, a Risk Protection Order (RPO) is a civil court order issued under Section 790.401 of the Florida Statutes, often referred to as the state's "red flag" law. Enacted in the wake of the Marjory Stoneman Douglas High School Public Safety Act, an RPO is designed to temporarily restrict firearm and ammunition possession, purchase, or custody from individuals deemed to pose a significant danger of causing personal injury to themselves or others. Unlike many other states where family members can petition directly, Florida law restricts the filing of an RPO petition strictly to law enforcement officers or agencies, who must present clear and convincing evidence of the threat to a circuit court judge.
The process typically begins with an ex parte temporary RPO, which a judge can issue without prior notice to the respondent if there is reasonable cause to believe an immediate danger exists. This temporary order lasts up to 14 days, during which the respondent must surrender all firearms and ammunition. A formal hearing must be held within those 14 days, where the respondent has the right to be represented by counsel and challenge the petition. If the court finds by clear and convincing evidence that the risk remains, it can issue a final RPO lasting up to 12 months, which law enforcement can petition to extend further if the danger persists.
How an RPO Impacts Bail and Pretrial Release
Under Florida law, the existence of a Risk Protection Order heavily influences pretrial release conditions and bail determinations. If an individual is arrested for violating an active RPO—which is a third-degree felony—or if an RPO is filed concurrently with an arrest for a violent crime, judges routinely impose strict non-monetary conditions of release. Under Florida Statute Section 903.047, a judge will mandate the immediate surrender of all firearms as a condition of bond. Furthermore, a pending RPO petition or a history of firearm-related threats documented in an RPO can lead a judge to deny bond altogether or set a significantly higher bail amount during the first appearance hearing, as the court views the defendant as a heightened risk to public safety.