HB 45 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0045-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to risk protection orders; amending s. 2
790.401, F.S.; redefining the term "petitioner" to 3
include an individual who has a biological or legal 4
parent-child relationship with, who is a legal 5
guardian of, or who is a spouse or sibling of a 6
respondent, for purposes of determining standing for 7
the filing of a petition for a risk protection order; 8
conforming provisions to changes made by the act; 9
providing an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (a) of subsection (1) and paragraphs 14
(a), (b), (c), and (g) of subsection (2) of section 790.401, 15
Florida Statutes, are amended to read: 16
790.401 Risk protection orders. — 17
(1) DEFINITIONS.—As used in this section, the term: 18
(a) "Petitioner" means a law enforcement officer ; or a law 19
enforcement agency; an individual who has a biological or legal 20
parent-child relationship with a respondent, in cluding a 21
stepparent-stepchild relationship and a grandparent -grandchild 22
relationship; an individual who is the legal guardian of a 23
respondent; the spouse of a respondent; or a sibling of a 24
respondent who that petitions a court for a risk protection 25
HB 45 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0045-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
order under this section. 26
(2) PETITION FOR A RISK PROTECTION ORDER. —There is created 27
an action known as a petition for a risk protection order. 28
(a) A petition for a risk protection order may be filed by 29
a petitioner law enforcement officer or law enforcement agency. 30
(b) An action under this section must be filed in the 31
county where: 32
1. The petitioner's law enforcement office is located , if 33
the petitioner is a law enforcement officer or a law enforcement 34
agency; 35
2. The petitioner resides, if the petition er is not a law 36
enforcement officer or a law enforcement agency; or 37
3. the county where The respondent resides. 38
(c) A Such petition for a risk protection order does not 39
require the petitioner or the respondent either party to be 40
represented by an attor ney. 41
(g) The petitioner must list the address of record on the 42
petition must be the address as being where the appropriate law 43
enforcement agency is located , if the petitioner is a law 44
enforcement officer or a law enforcement agency, or the address 45
where the petitioner resides, if the petitioner is not a law 46
enforcement officer or a law enforcement agency . 47
Section 2. This act shall take effect July 1, 2023. 48