Policy Text
WINDERMERE POLICE DEPARTMENT
GENERAL ORDER
Effective Date: October 1 7, 2022 Rescinds
New Policy Number: 6.14
SUBJECT: Florida Risk Protection Order (RPO)
Print Date: 10/17/22
Distribution: All Personnel
Review Month: October
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 inte nt of this general order is to establish agency guidelines
as to when and how to petition for a n RPO or an Ex -Parte Temporary Risk Protection Order
(TRP O) to prevent deaths and injuries while also respecting the individual’s constitutional
rights and due p rocess of law.
2. Policy
It is the policy of the Windermere Police Department to obtain Ris k Protection Orders
when applicable in accordance with the guidelines established in this general order and
FS 790.401, to prevent individuals who are a high risk of harming themselves or others
from accessing or possessing firearms or ammunition
3. Definiti ons
A. Petitioner – A law enforcement officer or a law enforcement agency that petitions
the court for a RPO.
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B. Respondent – The individual who is the subject of the petition for an RPO (i.e., the
individual who poses a significant danger to himself/hers elf 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).
C. Risk Protect ion Order – 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.
D. 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.
E. Threat – An expression of intent to do harm or act out violently against some one
(including self) or something. A threat can be spoken, written, or symbolic.
F. Affidavit for a Risk Protection Order – A notarized written document which details
the specific statements, actions, or facts that give rise to a reasonable fear of
significant dangerous acts by 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 Peti tion for a RPO.
G. Petition for a Risk Protection Order – A signed written request for a 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.
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
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for an RPO . The process is similar to domestic violence injunctions in that the first
stop is to obtain a TRPO and then, after a hearing, a final RPO lasting up to twelve
(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.
B. Petition for Risk Protection Ord ers
1. Filing the petition for a risk protection order
a. Law enforcement officers or the law enforcement agency may file
for a petition for a risk protection order.
b. The petition for an RPO shall be filed in circuit court either:
1. In the county where the petitioner’s law enforcement office
is located; or
2. In the county where the respondent resides. Note: This
means if WPD pursued an individual into another county
and made the assessment of risk there, unless the arrestee
lives in that county, the act ion may not be filed in that
county, but may be filed in Orange County.
2. Petition Requirements
a. There are several specific requirements that shall be contained
within the petition for a risk protection order. Any member seeking
to file for an RPO shall p repare an affidavit, under oath, stating the
specific statements, actions or facts that give rise to a reasonable
fear of significant dangerous acts by the respondent. The petition
must:
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1. Allege that the respondent poses a significant danger of
causing pe rsonal injury to himself or herself or others by
having a firearm or any ammunition in his or her custody or