Florida Senate - 2023 SB 66 By Senator Berman 26-00061-23 202366__ 1 A bill to be entitled 2 An act relating to risk protection orders; amending s. 3 790.401, F.S.; redefining the term petitioner to 4 include an individual who has a biological or legal 5 parent-child relationship with, who is a legal 6 guardian of, or who is a spouse or sibling of a 7 respondent, for purposes of determining standing for 8 the filing of a petition for a risk protection order; 9 conforming provisions to changes made by the act; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Paragraph (a) of subsection (1) and paragraphs 15 (a), (b), (c), and (g) of subsection (2) of section 790.401, 16 Florida Statutes, are amended to read: 17 790.401Risk protection orders. 18 (1)DEFINITIONS.As used in this section, the term: 19 (a)Petitioner means a law enforcement officer; or a law 20 enforcement agency; an individual who has a biological or legal 21 parent-child relationship with a respondent, including a 22 stepparent-stepchild relationship and a grandparent-grandchild 23 relationship; an individual who is the legal guardian of a 24 respondent; the spouse of a respondent; or a sibling of a 25 respondent who that petitions a court for a risk protection 26 order under this section. 27 (2)PETITION FOR A RISK PROTECTION ORDER.There is created 28 an action known as a petition for a risk protection order. 29 (a)A petition for a risk protection order may be filed by 30 a petitioner law enforcement officer or law enforcement agency. 31 (b)An action under this section must be filed in the 32 county where: 33 1.The petitioners law enforcement office is located, if 34 the petitioner is a law enforcement officer or a law enforcement 35 agency; 36 2.The petitioner resides, if the petitioner is not a law 37 enforcement officer or a law enforcement agency; or 38 3.the county where The respondent resides. 39 (c)A Such petition for a risk protection order does not 40 require the petitioner or the respondent either party to be 41 represented by an attorney. 42 (g)The petitioner must list the address of record on the 43 petition must be the address as being where the appropriate law 44 enforcement agency is located, if the petitioner is a law 45 enforcement officer or a law enforcement agency, or the address 46 where the petitioner resides, if the petitioner is not a law 47 enforcement officer or a law enforcement agency. 48 Section 2.This act shall take effect July 1, 2023.