40 Questions
What is the legal consequence of possessing weapons and/or ammunition after being served with a Temporary or Final RPO?
It is a third-degree felony
What is the purpose of the telephonic hearing held by the court?
To review the submission and grant or deny the Temporary RPO
What happens if any forms are missing during the RPO process?
BSO OGC will contact the deputy to obtain the missing forms
What is the time frame for the court to hold a telephonic hearing after the RPO is filed?
Within 24 hours
What is the purpose of the Compliance Hearing?
To ensure the subject is complying with the Temporary RPO
What happens to the firearms, ammunition, and licenses surrendered to the law enforcement officer?
They are handled in accordance with the evidence and property submission procedures
What is the role of the clerk after the court grants the Temporary RPO?
The clerk will forward the Temporary RPO to Warrants Division for processing
What is the legal basis for taking the firearms and/or ammunition and/or concealed weapons license?
For safekeeping
Who reviews and approves the RPO forms?
Lieutenant or higher
What is the primary reason a deputy cannot seize a subject's firearms, ammunition, and/or concealed weapons license?
The RPO does not give the deputy authority to seize the weapons.
What happens if the subject refuses to comply with the temporary order?
The TMU obtains district and/or SWAT assistance to secure the premises
What is the purpose of the BSO C#62 - Respondent's Risk Protection Return Affidavit?
To notify the Civil Division of RPO service
What is the purpose of the Compliance Hearing?
To ensure the subject has surrendered all firearms, ammunition, and/or concealed weapons license.
Who is responsible for executing search warrants?
TMU in coordination or consultation with SWAT
Under what circumstances can a deputy seize a subject's firearms, ammunition, and/or concealed weapons license?
With a search warrant and probable cause.
What is the notification process after the RPO is served?
Notification is made to the Civil Division by returning a Proof of Service form.
What is the purpose of contacting the BSO Evidence Unit?
To obtain the appropriate forms for RPO release
What happens if the court denies the Temporary RPO?
BSO OGC will notify the deputy who submitted the forms and also notify the contact person.
What is the next step if the detective has not received confirmation of document submission within 24 hours?
Call OGC at 954-831-8920
What is the role of the TMU when the temporary order is served?
To take possession of any firearms, ammunition, and/or concealed weapons license surrendered by the subject
How long does a Temporary RPO remain in effect?
Until the Final Hearing is held.
What is the purpose of notarizing the forms?
To authenticate the signatures on the forms
What is the purpose of the Temp Service Form?
To notify BSO OGC that the subject is in compliance with the RPO.
When can the Compliance Hearing be cancelled?
Upon a satisfactory showing that the subject is in compliance with the order.
Who can fill out an affidavit to obtain a temporary RPO?
A deputy sheriff, a witness, or anyone with personal knowledge
What is the minimum number of factors that must be present for the court to consider issuing a temporary RPO?
There is no minimum number of factors
What is one of the factors the court may consider when making its determination whether to issue a temporary RPO?
Was the subject involved in a recent act or threat of violence against himself/herself or others
What type of injunction is considered when the court makes its determination whether to issue a temporary RPO?
Any of the mentioned injunctions, including Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, and Injunction for Protection Against Stalking
Who can complete an affidavit to obtain a temporary RPO?
Everyone with personal knowledge
Who can seek a criminal search warrant when a person has violated the criminal statute of possession or purchase of firearm(s) and/or ammunition after being served with an RPO?
Any deputy
Who initiates the process for obtaining a civil search warrant pursuant to the RPO statute?
TMU Detectives
What is the purpose of the affidavit in obtaining a temporary RPO?
To identify any factors that may contribute to the subject's potential danger
What is the violation of the criminal statute when a person has possession or purchase of firearm(s) and/or ammunition after being served with an RPO?
s. 790.401(11) (b)
What is one of the factors that may indicate the subject is seriously mentally ill or has recurring mental health issues?
The subject's medical history
What happens if the subject has violated a previous or existing RPO?
The court will consider this factor when making its determination
What is the role of BSO OGC in obtaining a search warrant pursuant to the RPO statute?
No role
Who contacts the on-duty Assistant State Attorney (ASA) to contact the duty judge for a criminal search warrant?
Deputies
What is the purpose of a civil search warrant issued pursuant to the RPO statute?
To obtain any other firearms or ammunition for which the deputy has probable cause
What is the requirement for a deputy to seek a search warrant pursuant to the RPO statute?
Probable cause to believe a subject has possession, custody or control of a firearm and/or ammunition
What is the role of the State Attorney’s Office in obtaining a search warrant pursuant to the RPO statute?
No role
Study Notes
Obtaining a Temporary RPO
- To obtain a temporary RPO, a person with personal knowledge of an individual posing a significant danger to themselves or others must fill out an affidavit.
- The person with personal knowledge can be a deputy sheriff or a witness.
- There can be more than one affidavit, and everyone with personal knowledge should complete an affidavit.
Factors Considered by the Court
- The court will consider various factors when making a determination to issue a temporary order, including:
- Recent acts or threats of violence against self or others
- Past acts or threats of violence in the last 12 months
- Serious mental illness or recurring mental health issues
- Previous or existing orders pursuant to domestic violence, repeat violence, dating violence, sexual violence, or stalking injunctions
- Previous or existing RPOs
Process for Obtaining a Temporary RPO
- The deputy will instruct the owner and third party to contact the BSO Evidence Unit to obtain forms for the release of items to the third party.
- The deputy will notarize all appropriate forms and obtain command review and approval.
- The deputy will forward all forms to BSO OGC for review.
Serving the Temporary RPO
- The TMU will obtain district and/or SWAT assistance (as required) to serve the temporary order and take possession of any firearms, ammunition, and/or concealed weapons licenses surrendered by the subject.
- If the subject refuses to comply, the TMU will obtain district and/or SWAT assistance to secure the premises until a search warrant is prepared or it is determined that the subject does not own or possess any firearms or ammunition.
Search Warrants
- Search warrants will be executed by TMU in coordination or consultation with SWAT.
- The TMU will handle all firearms, ammunition, and licenses surrendered to the law enforcement officer in accordance with evidence and property submission procedures.
Temporary RPO
- After BSO OGC receives all forms, they will generate the petition for RPO, which includes the affidavit(s) and accompanying forms.
- The court will hold a telephonic hearing within 24 hours of the RPO being filed, without notice to the subject, with BSO OGC and the deputy/deputies who authored the affidavit(s).
- If granted, the court will provide a "Compliance Hearing" date and a "Final Hearing" date in the order granting the Temporary RPO.
Compliance Hearing
- The court will hold a Compliance Hearing within 72 hours of granting the Temporary RPO to ensure the subject has surrendered all firearms, ammunition, and/or concealed weapons licenses.
- The court may cancel the hearing upon a satisfactory showing that the subject is in compliance with the order.
Return of Firearms and Ammunition
- If the subject is found to be in compliance with the order, the serving unit will notify BSO OGC via the Temp Service Form.
- If the subject is not in compliance, the TMU detectives can seek a search warrant to obtain any other firearms or ammunition for which the deputy has probable cause.
Learn about the requirements for obtaining a temporary Risk Protection Order (RPO) affidavit, including who can fill it out and the necessary criteria. A temporary RPO is used to prevent individuals from accessing firearms if they pose a significant danger to themselves or others.
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