Florida Senate - 2020 SB 114
By Senator Berman
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 an individual who has a biological or legal
5 parent-child relationship with, who is a legal
6 guardian of, or who is a spouse or sibling of a
7 respondent; conforming provisions to changes made by
8 the act; 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; an individual who is the spouse of a respondent; or
23 a sibling of a respondent who that petitions a court for a risk
24 protection order under this section.
25 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
26 an action known as a petition for a risk protection order.
27 (a) A petition for a risk protection order may be filed by
28 a petitioner law enforcement officer or law enforcement agency.
29 (b) An action under this section must be filed in the
30 county where:
31 1. The petitioner’s law enforcement office is located, if
32 the petitioner is a law enforcement officer or a law enforcement
34 2. The petitioner resides, if the petitioner is not a law
35 enforcement officer or a law enforcement agency; or
36 3. the county where The respondent resides.
37 (c) A 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 the address as being where the appropriate law
42 enforcement agency is located, if the petitioner is a law
43 enforcement officer or a law enforcement agency, or must be
44 where the petitioner resides, if the petitioner is not a law
45 enforcement officer or a law enforcement agency.
46 Section 2. This act shall take effect July 1, 2020.