Florida 2024 Regular Session

Florida House Bill H0365 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to representation by counsel in 2
1616 hearings on petitions for risk protection orders; 3
17-amending s. 790.401, F.S.; providing the respondent 4
18-has the right to be represented by an attorney in a 5
19-risk protection order proceeding and the right to have 6
20-an attorney appointed if he or she cannot afford one; 7
21-authorizing a private counsel who is appointed to 8
22-represent the respondent in a risk protection order t o 9
23-be compensated; requiring specified notice to a 10
24-respondent; conforming a provision to changes made by 11
25-the act; amending s. 27.51, F.S.; authorizing a public 12
26-defender to represent a person who is named as the 13
27-respondent in a risk protection order; amendin g s. 14
28-27.511, F.S.; authorizing the office of criminal 15
29-conflict and civil regional counsel to represent a 16
30-person who is named as the respondent in a risk 17
31-protection order in specified circumstances; 18
32-conforming a cross-reference; amending s. 27.5304, 19
33-F.S.; specifying the compensation for a private 20
34-counsel who is appointed to represent a respondent in 21
35-a risk protection order proceeding; conforming cross -22
36-references; amending s. 39.815, F.S.; conforming a 23
37-cross-reference; providing an effective date. 24
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17+amending s. 790.401, F.S.; providing that a respondent 4
18+may be represented by counsel; providing for 5
19+appointment of counsel for an indigent respondent; 6
20+providing an effective date. 7
21+ 8
22+Be It Enacted by the Legislature of the State of Florida: 9
23+ 10
24+ Section 1. Paragraph (a) of subsection (3) of section 11
25+790.401, Florida Statutes, is amended to read: 12
26+ 790.401 Risk protection orders. 13
27+ (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE. 14
28+ (a) Upon receipt of a petition, the court must order a 15
29+hearing to be held no later than 14 days after the date of the 16
30+order and must issue a notice of hearing to the respondent for 17
31+the same. 18
32+ 1. The clerk of the court shall cause a copy of the notice 19
33+of hearing and petition to be forwarded on or before the next 20
34+business day to the appropriate law enforcement agency for 21
35+service upon the respondent as provided in subsection (5). 22
36+ 2. The court may, as provided in subsection (4), issue a 23
37+temporary ex parte risk protection order pending the hearing 24
38+ordered under this subsection. Such temporary ex parte order 25
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4747 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
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51-Be It Enacted by the Legislature of the State of Florida: 26
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53- Section 1. Paragraphs (c) and (d) of subsection (2) and 28
54-paragraphs (a) and (d) of subsection (3) of section 790.401, 29
55-Florida Statutes, are amended to read: 30
56- 790.401 Risk protection orders. — 31
57- (2) PETITION FOR A RISK PROTECTION ORDER. —There is created 32
58-an action known as a petition for a risk protection order. 33
59- (c) The respondent has a right to be represented by an 34
60-attorney. If the respondent is indigent and desires 35
61-representation, the court shall app oint an attorney as provided 36
62-in s. 27.40. However, such petition for a risk protection order 37
63-does not require either party to be represented by an attorney. 38
64- (d) Notwithstanding any other law, attorney fees may not 39
65-be awarded in any proceeding under this section. However, this 40
66-paragraph does not preclude a private counsel who is appointed 41
67-to represent an indigent respondent from being compensated as 42
68-provided under s. 27.5304. 43
69- (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE. — 44
70- (a) Upon receipt of a petit ion, the court must order a 45
71-hearing to be held no later than 14 days after the date of the 46
72-order and must issue a notice of hearing to the respondent for 47
73-the same. Such notice of hearing must inform the respondent of 48
74-his or her right to be represented by a n attorney and inform the 49
75-respondent that if he or she is indigent and desires 50
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84-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
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88-representation, that an attorney will be appointed as provided 51
89-in s. 27.40. 52
90- 1. The clerk of the court shall cause a copy of the notice 53
91-of hearing and petition to be forwarded on or before the next 54
92-business day to the appropriate law enforcement agency for 55
93-service upon the respondent as provided in subsection (5). 56
94- 2. The court may, as provided in subsection (4), issue a 57
95-temporary ex parte risk protection order pending the hear ing 58
96-ordered under this subsection. Such temporary ex parte order 59
97-must be served concurrently with the notice of hearing and 60
98-petition as provided in subsection (5). 61
99- 3. The court may conduct a hearing by telephone pursuant 62
100-to a local court rule to reasonab ly accommodate a disability or 63
101-exceptional circumstances. The court must receive assurances of 64
102-the petitioner's identity before conducting a telephonic 65
103-hearing. 66
104- (d) A person, including an officer of the court, who 67
105-offers evidence or recommendations relat ing to the cause of 68
106-action either must present the evidence or recommendations in 69
107-writing to the court with copies to each party and his or her 70
108-attorney, if one is retained or appointed, or must present the 71
109-evidence under oath at a hearing at which all par ties are 72
110-present. 73
111- Section 2. Paragraphs (e) and (f) of subsection (1) of 74
112-section 27.51, Florida Statutes, are redesignated as paragraphs 75
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121-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
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125-(f) and (g), respectively, and a new paragraph (e) is added to 76
126-that subsection, to read: 77
127- 27.51 Duties of public defender.— 78
128- (1) The public defender shall represent, without 79
129-additional compensation, any person determined to be indigent 80
130-under s. 27.52 and: 81
131- (e) Named as the respondent in a petition filed before a 82
132-circuit court for a risk protection order pursuant t o s. 83
133-790.401; 84
134- Section 3. Paragraphs (e), (f), and (g) of subsection (5) 85
135-of section 27.511, Florida Statutes, are redesignated as 86
136-paragraphs (f), (g), and (h), respectively, subsection (8) of 87
137-that section is amended, and a new paragraph (e) is added to 88
138-subsection (5) of that section, to read: 89
139- 27.511 Offices of criminal conflict and civil regional 90
140-counsel; legislative intent; qualifications; appointment; 91
141-duties.— 92
142- (5) When the Office of the Public Defender, at any time 93
143-during the representation of two or more defendants, determines 94
144-that the interests of those accused are so adverse or hostile 95
145-that they cannot all be counseled by the public defender or his 96
146-or her staff without a conflict of interest, or that none can be 97
147-counseled by the public defender o r his or her staff because of 98
148-a conflict of interest, and the court grants the public 99
149-defender's motion to withdraw, the office of criminal conflict 100
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158-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
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162-and civil regional counsel shall be appointed and shall provide 101
163-legal services, without additional compensa tion, to any person 102
164-determined to be indigent under s. 27.52, who is: 103
165- (e) Named as the respondent in a petition filed before a 104
166-circuit court for a risk protection order pursuant to s. 105
167-790.401; 106
168- (8) The public defender for the judicial circuit specified 107
169-in s. 27.51(4) shall, after the record on appeal is transmitted 108
170-to the appellate court by the office of criminal conflict and 109
171-civil regional counsel which handled the trial and if requested 110
172-by the regional counsel for the indicated appellate district, 111
173-handle all circuit court and county court appeals authorized 112
174-pursuant to paragraph (5)(g) (5)(f) within the state courts 113
175-system and any authorized appeals to the federal courts required 114
176-of the official making the request. If the public defender 115
177-certifies to the court that the public defender has a conflict 116
178-consistent with the criteria prescribed in s. 27.5303 and moves 117
179-to withdraw, the regional counsel shall handle the appeal, 118
180-unless the regional counsel has a conflict, in which case the 119
181-court shall appoint pri vate counsel pursuant to s. 27.40. 120
182- Section 4. Subsections (6) through (13) of section 121
183-27.5304, Florida Statutes, are renumbered as subsections (7) 122
184-through (14), respectively, subsection (2) and paragraph (b) of 123
185-subsection (11) are amended, and a new su bsection (6) is added 124
186-to that section, to read: 125
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195-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
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199- 27.5304 Private court -appointed counsel; compensation; 126
200-notice.— 127
201- (2) The Justice Administrative Commission shall review an 128
202-intended billing by private court -appointed counsel for attorney 129
203-fees based on a flat fee per case for completeness and 130
204-compliance with contractual and statutory requirements. The 131
205-commission may approve the intended bill for a flat fee per case 132
206-for payment without approval by the court if the intended 133
207-billing is correct. An intended bil ling that seeks compensation 134
208-for any amount exceeding the flat fee established for a 135
209-particular type of representation, as prescribed in the General 136
210-Appropriations Act, shall comply with subsections (12) and (13) 137
211-subsections (11) and (12) . 138
212- (6) The compensation for representation in a risk 139
213-protection order proceeding under s. 790.401 may not exceed 140
214-$1,000. 141
215- (11) It is the intent of the Legislature that the flat 142
216-fees prescribed under this section and the General 143
217-Appropriations Act comprise the full and com plete compensation 144
218-for private court-appointed counsel. It is further the intent of 145
219-the Legislature that the fees in this section are prescribed for 146
220-the purpose of providing counsel with notice of the limit on the 147
221-amount of compensation for representation in particular 148
222-proceedings and the sole procedure and requirements for 149
223-obtaining payment for the same. 150
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232-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
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236- (b) If court-appointed counsel is allowed to withdraw from 151
237-representation prior to the full performance of his or her 152
238-duties through the completion of t he case and the court appoints 153
239-a subsequent attorney, the total compensation for the initial 154
240-and any and all subsequent attorneys may not exceed the flat fee 155
241-established under this section and the General Appropriations 156
242-Act, except as provided in subsectio n (13) (12). 157
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244-This subsection constitutes notice to any subsequently appointed 159
245-attorney that he or she will not be compensated the full flat 160
246-fee. 161
247- Section 5. Subsection (1) of section 39.815, Florida 162
248-Statutes, is amended to read: 163
249- 39.815 Appeal.— 164
250- (1) Any child, any parent or guardian ad litem of any 165
251-child, any other party to the proceeding who is affected by an 166
252-order of the court, or the department may appeal to the 167
253-appropriate district court of appeal within the time and in the 168
254-manner prescribed by t he Florida Rules of Appellate Procedure. 169
255-The district court of appeal shall give an appeal from an order 170
256-terminating parental rights priority in docketing and shall 171
257-render a decision on the appeal as expeditiously as possible. 172
258-Appointed counsel shall be co mpensated as provided in s. 173
259-27.5304(7) s. 27.5304(6). 174
260- Section 6. This act shall take effect July 1, 2024. 175
51+must be served concurrently with the notice of hearing and 26
52+petition as provided in subsection (5). 27
53+ 3. The court may conduct a hearing by telephone pursuant 28
54+to a local court rule to reasonably accommodate a disability or 29
55+exceptional circumstances. The court must receive assurances o f 30
56+the petitioner's identity before conducting a telephonic 31
57+hearing. 32
58+ 4. The respondent may be represented by counsel. If the 33
59+respondent is indigent and desires representation, counsel shall 34
60+be appointed as provided in s. 27.40. 35
61+ Section 2. This act sha ll take effect July 1, 2024. 36