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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 the respondent 4
has the right to be represented by an attorney in a 5
risk protection order proceeding and the right to have 6
an attorney appointed if he or she cannot afford one; 7
authorizing a private counsel who is appointed to 8
represent the respondent in a risk protection order t o 9
be compensated; requiring specified notice to a 10
respondent; conforming a provision to changes made by 11
the act; amending s. 27.51, F.S.; authorizing a public 12
defender to represent a person who is named as the 13
respondent in a risk protection order; amendin g s. 14
27.511, F.S.; authorizing the office of criminal 15
conflict and civil regional counsel to represent a 16
person who is named as the respondent in a risk 17
protection order in specified circumstances; 18
conforming a cross-reference; amending s. 27.5304, 19
F.S.; specifying the compensation for a private 20
counsel who is appointed to represent a respondent in 21
a risk protection order proceeding; conforming cross -22
references; amending s. 39.815, F.S.; conforming a 23
cross-reference; providing an effective date. 24
25
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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
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Paragraphs (c) and (d) of subsection (2) and 28
paragraphs (a) and (d) of subsection (3) of section 790.401, 29
Florida Statutes, are amended to read: 30
790.401 Risk protection orders. — 31
(2) PETITION FOR A RISK PROTECTION ORDER. —There is created 32
an action known as a petition for a risk protection order. 33
(c) The respondent has a right to be represented by an 34
attorney. If the respondent is indigent and desires 35
representation, the court shall app oint an attorney as provided 36
in s. 27.40. However, such petition for a risk protection order 37
does not require either party to be represented by an attorney. 38
(d) Notwithstanding any other law, attorney fees may not 39
be awarded in any proceeding under this section. However, this 40
paragraph does not preclude a private counsel who is appointed 41
to represent an indigent respondent from being compensated as 42
provided under s. 27.5304. 43
(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE. — 44
(a) Upon receipt of a petit ion, the court must order a 45
hearing to be held no later than 14 days after the date of the 46
order and must issue a notice of hearing to the respondent for 47
the same. Such notice of hearing must inform the respondent of 48
his or her right to be represented by a n attorney and inform the 49
respondent that if he or she is indigent and desires 50
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representation, that an attorney will be appointed as provided 51
in s. 27.40. 52
1. The clerk of the court shall cause a copy of the notice 53
of hearing and petition to be forwarded on or before the next 54
business day to the appropriate law enforcement agency for 55
service upon the respondent as provided in subsection (5). 56
2. The court may, as provided in subsection (4), issue a 57
temporary ex parte risk protection order pending the hear ing 58
ordered under this subsection. Such temporary ex parte order 59
must be served concurrently with the notice of hearing and 60
petition as provided in subsection (5). 61
3. The court may conduct a hearing by telephone pursuant 62
to a local court rule to reasonab ly accommodate a disability or 63
exceptional circumstances. The court must receive assurances of 64
the petitioner's identity before conducting a telephonic 65
hearing. 66
(d) A person, including an officer of the court, who 67
offers evidence or recommendations relat ing to the cause of 68
action either must present the evidence or recommendations in 69
writing to the court with copies to each party and his or her 70
attorney, if one is retained or appointed, or must present the 71
evidence under oath at a hearing at which all par ties are 72
present. 73
Section 2. Paragraphs (e) and (f) of subsection (1) of 74
section 27.51, Florida Statutes, are redesignated as paragraphs 75
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(f) and (g), respectively, and a new paragraph (e) is added to 76
that subsection, to read: 77
27.51 Duties of public defender.— 78
(1) The public defender shall represent, without 79
additional compensation, any person determined to be indigent 80
under s. 27.52 and: 81
(e) Named as the respondent in a petition filed before a 82
circuit court for a risk protection order pursuant t o s. 83
790.401; 84
Section 3. Paragraphs (e), (f), and (g) of subsection (5) 85
of section 27.511, Florida Statutes, are redesignated as 86
paragraphs (f), (g), and (h), respectively, subsection (8) of 87
that section is amended, and a new paragraph (e) is added to 88
subsection (5) of that section, to read: 89
27.511 Offices of criminal conflict and civil regional 90
counsel; legislative intent; qualifications; appointment; 91
duties.— 92
(5) When the Office of the Public Defender, at any time 93
during the representation of two or more defendants, determines 94
that the interests of those accused are so adverse or hostile 95
that they cannot all be counseled by the public defender or his 96
or her staff without a conflict of interest, or that none can be 97
counseled by the public defender o r his or her staff because of 98
a conflict of interest, and the court grants the public 99
defender's motion to withdraw, the office of criminal conflict 100
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and civil regional counsel shall be appointed and shall provide 101
legal services, without additional compensa tion, to any person 102
determined to be indigent under s. 27.52, who is: 103
(e) Named as the respondent in a petition filed before a 104
circuit court for a risk protection order pursuant to s. 105
790.401; 106
(8) The public defender for the judicial circuit specified 107
in s. 27.51(4) shall, after the record on appeal is transmitted 108
to the appellate court by the office of criminal conflict and 109
civil regional counsel which handled the trial and if requested 110
by the regional counsel for the indicated appellate district, 111
handle all circuit court and county court appeals authorized 112
pursuant to paragraph (5)(g) (5)(f) within the state courts 113
system and any authorized appeals to the federal courts required 114
of the official making the request. If the public defender 115
certifies to the court that the public defender has a conflict 116
consistent with the criteria prescribed in s. 27.5303 and moves 117
to withdraw, the regional counsel shall handle the appeal, 118
unless the regional counsel has a conflict, in which case the 119
court shall appoint pri vate counsel pursuant to s. 27.40. 120
Section 4. Subsections (6) through (13) of section 121
27.5304, Florida Statutes, are renumbered as subsections (7) 122
through (14), respectively, subsection (2) and paragraph (b) of 123
subsection (11) are amended, and a new su bsection (6) is added 124
to that section, to read: 125
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27.5304 Private court -appointed counsel; compensation; 126
notice.— 127
(2) The Justice Administrative Commission shall review an 128
intended billing by private court -appointed counsel for attorney 129
fees based on a flat fee per case for completeness and 130
compliance with contractual and statutory requirements. The 131
commission may approve the intended bill for a flat fee per case 132
for payment without approval by the court if the intended 133
billing is correct. An intended bil ling that seeks compensation 134
for any amount exceeding the flat fee established for a 135
particular type of representation, as prescribed in the General 136
Appropriations Act, shall comply with subsections (12) and (13) 137
subsections (11) and (12) . 138
(6) The compensation for representation in a risk 139
protection order proceeding under s. 790.401 may not exceed 140
$1,000. 141
(11) It is the intent of the Legislature that the flat 142
fees prescribed under this section and the General 143
Appropriations Act comprise the full and com plete compensation 144
for private court-appointed counsel. It is further the intent of 145
the Legislature that the fees in this section are prescribed for 146
the purpose of providing counsel with notice of the limit on the 147
amount of compensation for representation in particular 148
proceedings and the sole procedure and requirements for 149
obtaining payment for the same. 150
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(b) If court-appointed counsel is allowed to withdraw from 151
representation prior to the full performance of his or her 152
duties through the completion of t he case and the court appoints 153
a subsequent attorney, the total compensation for the initial 154
and any and all subsequent attorneys may not exceed the flat fee 155
established under this section and the General Appropriations 156
Act, except as provided in subsectio n (13) (12). 157
158
This subsection constitutes notice to any subsequently appointed 159
attorney that he or she will not be compensated the full flat 160
fee. 161
Section 5. Subsection (1) of section 39.815, Florida 162
Statutes, is amended to read: 163
39.815 Appeal.— 164
(1) Any child, any parent or guardian ad litem of any 165
child, any other party to the proceeding who is affected by an 166
order of the court, or the department may appeal to the 167
appropriate district court of appeal within the time and in the 168
manner prescribed by t he Florida Rules of Appellate Procedure. 169
The district court of appeal shall give an appeal from an order 170
terminating parental rights priority in docketing and shall 171
render a decision on the appeal as expeditiously as possible. 172
Appointed counsel shall be co mpensated as provided in s. 173
27.5304(7) s. 27.5304(6). 174
Section 6. This act shall take effect July 1, 2024. 175