Policy Text
Revisions or additions are highlighted 1 (01/02/2024 ) ST. PETERSBURG POLICE DEPARTMENT
INSTRUCTIONAL ORDER
Subject: RISK PROTECTION ORDERS AND RELATED BAKER ACTS
Index as: Baker Act Risk Protection Order (RPO)
Florida Risk Protection Order (RPO) RPO
Marjory Stoneman Douglas Public Safety Act
Accreditation Standards: 1.2.5 , 41.2.7 , CFA 24.06
Cross Reference: I.O. V.5:01, Persons Suffering from Mental Illness
§§ 394.463 790.401 , Florida Statutes
Replaces: I.O. V.5:36, Risk Protection Orders and related Baker Acts ( March 12, 2019 )
This Order consists of the following sections:
I. Purpose
II. Policy
III. Definitions
IV. Process for Obtaining a Risk Protection Order
V. Baker Acts Involving a Firearm, Weapon, or Ammunition Where No Risk Protection Order is Sought
VI. Process for Service of Documentation and Execution of Search Warrants Related to a Risk Protection Order
VII. Arrests for Violations of Risk Protection Order
VIII. Questions and Resource s
I. PURPOSE
A. This Order establishes procedures for the issuance of a Risk Protection Order (RPO ), and the arrest of a person
found in violation of section 790.401, Florida Statutes . The RPO process is designed to prevent persons who are at high
risk of harming themselves or others from accessing or possessing firearms or ammunition.
II. POLICY
A. It is the po licy of the Department to protect the safety and welfare of all of its citizens by taking reasonable action
to facilitate the procurement of a RPO in compliance with state and federal law.
B. All sworn members will receive initial training on policies and pr ocedures reg arding the RPO process .
III. DEFINITIONS
A. Risk Protection Order (RPO) – An Order entered by a judge, on a temporary or final basis, which is intended to
temporarily prevent individuals who are at a high risk of harming themselves or others from accessing firearms or
ammunition by allowing law enforcement officials to obtain a court order when there is demonstrated evidence that a person
poses a significant danger to themselves or others, including a significant danger as a result of a mental heal th crisis or
violent behavior.
DATE OF
ISSUE EFFECTIVE DATE NUMBER
September 2018 Immediately V.5:36
Distribution: All Employees
I.O. V.5:36
Revisions or additions are highlighted 2 (01/02/2024 ) IV. PROCESS FOR OBTAINING A RISK PROTECTION ORDER
A. The P inellas County Sheriff’s Office (P CSO ) is the primary law enforcement agency through which all RPOs are
sought in Pinellas County.
B. Before the PCSO begins their portion of the RPO process, the following must occur:
1. An Officer will immediately contact their Supervisor when they become aware of a situation where there is
demonstrated evidence that a person poses a significant danger to themselves or others, including a significant danger
because of a mental health crisis or violent behavior, and a firearm or ammunition is involve d.
2. The Supervisor will assess the situation, and if they determine that an RPO may be warranted, they will
immediately contact the Watch Commander.
3. The Watch Commander will assess the situation and determine if a request for an RPO will be initiated through
VIPAR.
4. If the subject is also being charged with a crime, the Officer will include “ Seeking RPO ” in the
Aggravating/Mitigating Factors and Narrative section s of the VIPAR arrest affidavit.
5. Where firearms, ammunition, and conceal carry license s, if any, are taken i n conjunction with an RPO, the
Officer will mark clearly on the evidence bag or evidence tag “ RPO surrender ” or “ Risk Protection Order .”
a. The Officer will submit t he firearms, ammunition, and conceal carry license s, if any, to Property and
Evidence.
b. Unless the items are being held for evidence of a crime, the Property and Evidence Unit will transfer these
items to PCSO for storage.
c. The O fficer will provide the subject a “RPO RECEIPT” form found in VIPAR.
6. The PCSO’ s VIPAR -based forms require the Officer to provide their phone number. The Officer will provide the
phone number for the Emergency Communication Center’s Non -Emergency Line (727 -893-7780), and not their personal or
Department -issued cell phone number.
7. Before the end of their shift, the Officer will complete all reports, paperwork, and forms related to the RPO and
submit all original, signed (hard copy) RPO Witness Affidavits to the Records Division.
8. Before the end of their sh ift, the Watch Commander will send an email to RiskProtectionOrd er@stpete.org .
a. The email will contain the following information :
1) Confirmation that all reports and paperwork related to the RPO have been completed and approved ;
2) Confirmation that all original, signed (hard copy) RPO Witness Affidavits have been submitted to the
Records Division to be attached to the police report ;
3) The number of firearms involved and the disposition (i.e. turned over to family for safek eeping,