CS/HB 365 2024 CODING: Words stricken are deletions; words underlined are additions. hb0365-01-c1 Page 1 of 7 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 CS/HB 365 2024 CODING: Words stricken are deletions; words underlined are additions. hb0365-01-c1 Page 2 of 7 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 CS/HB 365 2024 CODING: Words stricken are deletions; words underlined are additions. hb0365-01-c1 Page 3 of 7 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 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 CS/HB 365 2024 CODING: Words stricken are deletions; words underlined are additions. hb0365-01-c1 Page 4 of 7 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 (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 CS/HB 365 2024 CODING: Words stricken are deletions; words underlined are additions. hb0365-01-c1 Page 5 of 7 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 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 CS/HB 365 2024 CODING: Words stricken are deletions; words underlined are additions. hb0365-01-c1 Page 6 of 7 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 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 CS/HB 365 2024 CODING: Words stricken are deletions; words underlined are additions. hb0365-01-c1 Page 7 of 7 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 (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