Risk Protection Orders

 

Risk Protection Orders

On March 9, 2018, Governor Rick signed into law Senate Bill 7026, also known as the Marjory Stoneman Douglas High School Public Safety Act, which, among other things, enacted section 790.401, Florida Statutes.  Section 790.401, Florida Statutes, creates a cause of action known as a petition for risk protection order. A copy of Senate Bill 7026 can be located here.

The Chief Judge of the Seventeenth Judicial Circuit has entered two administrative orders pertaining to risk protection orders:

Administrative Order 2018-23-Civ – Authorizing Law Enforcement Agencies to Effect Service Pursuant to Section 790.401, Florida Statutes  

Administrative Order 2018-46-Civ – Governing Risk Protection Orders Pursuant to Section 790.401, Fla. Stat.

Instructions For Filing A Petition For A Risk Protection Order

Petitioner’s Motion To Extend Final Risk Protection Order

Instructions For Written Request For Hearing To Vacate Final Risk Protection Order

Law enforcement agencies or officers intending to file petitions under section 790.401, Florida Statutes, are advised to become familiar with section 790.401, Florida Statutes, and these administrative orders, including the requirement of utilizing the template petition attached as Attachment “C” to Administrative Order 2018-46-Civ.