Item Coversheet
      

5919 MAIN STREET .  NEW PORT RICHEY, FL 34652 . 727.853.1016


TO:City of New Port Richey City Council
FROM:Robert Kochen, Chief of Police
DATE:7/5/2023
RE:Risk Protection Order (RPO) Interlocal Agreement with Pasco County Sheriff's Office

REQUEST:

Approve entering into a Risk Protection Order (RPO) Interlocal Agreement with the Pasco County Sheriff's Office

 



DISCUSSION
:

Florida Law has in place "Red Flag Laws" under Florida State Statute 790.401, which empowers Law Enforcement Agencies statewide to take possession of firearms from individuals deemed to be a danger to themselves or others by possessing firearms. The statute sets forth judicial procedures that must be strictly followed to obtain a Risk Protection Order (RPO), which allows an individual's firearms to be held by a Law Enforcement Agency for a period of up to one year if the court deems the individual to be a danger to themselves or others. Procuring a Risk Protection Order through the Circuit Court is a complex legal process requiring time and adherence to legal procedures.

 

Currently, the New Port Richey Police Department works with our City Attorney to procure our Risk Protection Orders through the Circuit Court. Recently, the City Manager, Tim Driscoll, and I discussed contracting with the Pasco County Sheriff's Office to process our Risk Protection Orders through the court. If this recommendation is approved, it is planned that the City's Life Improvement Facilitation Team (LIFT) will partner with the BHIT unit to address the behavioral aspects of the individuals with court imposed RPOs

 

The Pasco County Sheriff's Office has a unit named the Behavioral Health Intervention Team (BHIT) staffed with attorneys, social workers, deputies and support staff that process and analyze the inherent risk and advance recommendations associated with their Risk Protection Orders. The BHIT unit processes hundreds of countywide RPOs annually and is very successful with the RPO process.

 

I am confident that this partnership between the New Port Richey Police Department and the Sheriff's Office will enhance our efforts in keeping firearms away from dangerous individuals. The Sheriff's Office would charge $46.97 per hour with a minimum of three hours per case. The New Port Richey Police Department processes approximately ten to twelve RPOs annually.

 

The Interlocal Agreement was reviewed and approved by our City Attorney as to form. If you approve entering into the Interlocal Agreement, we will immediately start training with the Sheriff's Office and begin working with the BHIT Unit to process our RPOs.

 

This Interlocal Agreement will have to be renewed annually and contains an early termination clause for both parties.

 

As your Chief, this is a win/win for our City and the Sheriff's Office as we combine resources to enhance public safety.

 



RECOMMENDATION:

Approve Risk Protection Order (RPO) Interlocal Agreement with Pasco County Sheriff's Office.

BUDGET/FISCAL IMPACT:

There is adequate funding in the Police Department's budget to cover the costs for Risk Protection Order processing by the Sheriff's Office.

ATTACHMENTS:
DescriptionType
Interlocal AgreementBackup Material