Florida Senate - 2019 (Proposed Bill) SPB 7106
FOR CONSIDERATION By the Committee on Education
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 individuals who have a biological or legal
5 parent-child relationship with, who are a legal
6 guardian of, or who are a sibling of a respondent;
7 conforming provisions to changes made by the act;
8 providing an effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Paragraph (a) of subsection (1) and paragraphs
13 (a), (b), (c), and (g) of subsection (2) of section 790.401,
14 Florida Statutes, are amended to read:
15 790.401 Risk protection orders.—
16 (1) DEFINITIONS.—As used in this section, the term:
17 (a) “Petitioner” means a law enforcement officer,
or a law
18 enforcement agency, an individual who has a biological or legal
19 parent-child relationship with the respondent, including a
20 stepparent-stepchild relationship and a grandparent-grandchild
21 relationship, an individual who is the legal guardian of a
22 respondent, or a sibling of a respondent who that petitions a
23 court for a risk protection order under this section.
24 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
25 an action known as a petition for a risk protection order.
26 (a) A petition for a risk protection order may be filed by
27 a petitioner law enforcement officer or law enforcement agency.
28 (b) An action under this section must be filed in the
29 county where:
30 1. The petitioner’s law enforcement office is located, if
31 the petitioner is a law enforcement officer or a law enforcement
33 2. The residence of the petitioner is located, if the
34 petitioner is not a law enforcement officer or a law enforcement
35 agency; or
36 3. the county where The respondent resides.
37 (c) Such petition for a risk protection order does not
38 require the petitioner or the respondent either party to be
39 represented by an attorney.
40 (g) The petitioner must list the address of record on the
41 petition must be as being where the appropriate law enforcement
42 agency is located, if the petitioner is a law enforcement
43 officer or a law enforcement agency, or the residence of the
44 petitioner, if the petitioner is not a law enforcement officer
45 or a law enforcement agency.
46 Section 2. This act shall take effect July 1, 2019.