HB 365 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0365-00
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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 representation by counsel in 2
hearings on petitions for risk protection orders; 3
amending s. 790.401, F.S.; providing that a respondent 4
may be represented by counsel; providing for 5
appointment of counsel for an indigent respondent; 6
providing an effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraph (a) of subsection (3) of section 11
790.401, Florida Statutes, is amended to read: 12
790.401 Risk protection orders. — 13
(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE. — 14
(a) Upon receipt of a petition, the court must order a 15
hearing to be held no later than 14 days after the date of the 16
order and must issue a notice of hearing to the respondent for 17
the same. 18
1. The clerk of the court shall cause a copy of the notice 19
of hearing and petition to be forwarded on or before the next 20
business day to the appropriate law enforcement agency for 21
service upon the respondent as provided in subsection (5). 22
2. The court may, as provided in subsection (4), issue a 23
temporary ex parte risk protection order pending the hearing 24
ordered under this subsection. Such temporary ex parte order 25
HB 365 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0365-00
Page 2 of 2
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
must be served concurrently with the notice of hearing and 26
petition as provided in subsection (5). 27
3. The court may conduct a hearing by telephone pursuant 28
to a local court rule to reasonably accommodate a disability or 29
exceptional circumstances. The court must receive assurances o f 30
the petitioner's identity before conducting a telephonic 31
hearing. 32
4. The respondent may be represented by counsel. If the 33
respondent is indigent and desires representation, counsel shall 34
be appointed as provided in s. 27.40. 35
Section 2. This act sha ll take effect July 1, 2024. 36