2088340

ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to enhance public safety by temporarily preventing individuals who are at risk of harming themselves or harming others from possessing or having access to firearms or ammunition by obtaining a Risk Protection Order (RPO), pursuant to FS 790.401 . The intent of this general order is to establish agency guidelines as to when and how to petition for an RPO or an Ex Parte Temporary Risk Protection Order (TRPO) to prevent deaths and injuries while also respecting the individual’s constitutional rights and due process of law. 2. Policy It is the policy of the Orange County Sheriff’s Office to obtain Risk Protection Orders when applicable in accordance with the guidelines established in this general order and FS 790.401 , to prevent individuals who are at a high risk of harming themselves or others from accessi ng or possessing firearms or ammunition. 3. Definitions A. Affidavit for a risk protection order - is a written document made under oath which details the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts b y the respondent. It must also identify the quantities, types, and locations of all firearms and ammunition believed to be in the respondent’s current ownership, possession, custody, or control. It must be attached to the Petition for an RPO. B. Petition for a risk protection order – is a signed written request for an RPO, accompanied with an affidavit, filed by a law enforcement officer or the agency alleging the respondent poses a significant danger of causing personal injury to himself/herself or others by having a firearm or any ammunition in his/her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition. C. Petitioner – is a law enforcement officer or a law enforcement agency that petitions the court for an RPO. Effective Date: September 13, 2023  Amends – GO 6.2.31 ( September 24, 2022 ) Number: 6.2.31 Distribution: All Personnel Review Month: April Reviewing Authority: Legal Services Subject: Risk Protection Order (RPO) 6.2.31, Page 2 of 9 D. Respondent – is the individual who is the subject of the petition for an RPO (i.e., the individual who poses a significant danger to himself/herself or others, including significant danger as a result of a mental health crisis or violent behavior, by having a firearm or ammunition in his/her custody or control, or by purchasing, possessing, or receiving a firearm or any ammunition). E. Risk Protection Order – is a court order which restricts an individual’s access to firearms/ammunition. It can be an ex parte temporary order or a final order granted by a court. F. Temporary Risk Protection Order - is emergency in nature and appropriate when there is a reasonable belief the respondent poses a significant danger of causing personal injury to himself/herself or others in the near future by way of firearms and/or ammunition. G. Threat – is an expression of intent to do harm or act out violently against someone , something or oneself . A threat can be spoken, written, or symbolic. 4. Procedures A. Background The 2018 Florida Legislature passed the Marjorie Stoneman Douglas High School Public Safety Act (“the Act”). One aspect of the Act is the creation of an RPO under FS 790.401 which allows a law enforcement officer or agency to petition the court for an RPO. The process is similar to domestic violence injunctions in that the first step is to obtain a TRPO and then, after a hearing, a final RPO lasting up to 12 months may be issued. To obtain an RPO, the petitioner must file a petition alleging the respondent poses a significant danger of causing personal injury to himself or others by: 1. Having a firearm or ammunition in his/her custody or control, or 2. Purchasing, possessing, or receiving a firearm or ammunition. If a TRPO or RPO is issued and served upon the responden t, the respondent is prohibited from having firearms or any ammunition in his/her custody or control, or purchasing, possessing, or receiving a firearm or any ammunition. A violation of the TRPO or RPO is a third degree felony in violation of FS 790.40 1(11)(b) . B. RPO F orms 1. Affidavit and Petition for RPO 2. Exigent RPO Search eWarrant 3. Return of Service for Temporary Ex Parte RPO 4. Notice o f RPO & Referral 5. RPO Owner Requests Transfer to Third Party 6. RPO Third Party Agreement Form C. Factors The Court Will Consider The following is a list of factors that may be considered in de ciding whether to 6.2.31, Page 3 of 9 pursue an RPO