Risk Protection Order

The Marjory Stoneman Douglas High School Public Safety Act

In 2018, The Florida Legislature created The Risk Protection Order Act due to a tragic shooting at the Marjory Stoneman Douglas High School.

The statute seeks to reduce deaths and injuries by restricting persons who are at high risk of harming themselves or others from having access to firearms or ammunition.

Who Can Request A Risk Protection Order?

A petition for a risk protection order may be filed by a law enforcement officer or law enforcement agency in the county where the Respondent resides.

The officer/agency is the Petitioner and the party to surrender weapons and ammunition is the Respondent. If you feel someone posses a danger to other or themselves, contact the Collier County Sheriff’s Office immediately.

Is An Attorney Necessary?

No. Neither party is required to be represented by an attorney.

Petitions

There are 2 types of petitions:

1. Petition with Request for Temporary ExParte For Risk Protection Order
2. Petition For Risk Protection Order without Temporary Order

Setting The Hearing

1. The circuit court will hold a hearing either the same day or the next business day when in receipt of a Petition with Request for Temporary ExParte For Risk Protection Order.
2. The circuit court will hold a hearing within 14 days of receiving a Petition For Risk Protection Order without Temporary Order. The court must issue a notice of hearing to the Respondent.

The Initial Hearing

A temporary order will either be granted or denied. During the hearing, the court must consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations, if appropriate.

Order Denied

If the court denies the Petitioner’s request for a risk protection order, the court must state the particular reasons for the denial.

Order Granted

Upon a hearing on the matter, if the court finds by clear and convincing evidence that the Respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition, the court must issue a risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months.

Terminating A Risk Protection Order

If the court issues a risk protection order, the court must inform the Respondent that he or she is entitled to request a hearing to vacate the order in the manner provided by subsection (6). The court shall provide the Respondent with a form to request a hearing to vacate. A hearing will be set within 14-30 days after service of the motion upon Petitioner.

Extending A Risk Protection Order

Petitioner may request the extension of a risk protection order by filing a motion and the court will set a hearing within 14 days.