Florida Senate - 2022                                    SB 1334
       
       
        
       By Senator Wright
       
       
       
       
       
       14-01324-22                                           20221334__
    1                        A bill to be entitled                      
    2         An act relating to representation by counsel in
    3         hearings on petitions for risk protection orders;
    4         amending s. 790.401, F.S.; authorizing a respondent to
    5         be represented by counsel in such a hearing; requiring
    6         the appointment of counsel for an indigent respondent;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (3) of section
   12  790.401, Florida Statutes, is amended to read:
   13         790.401 Risk protection orders.—
   14         (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
   15         (a) Upon receipt of a petition, the court must order a
   16  hearing to be held no later than 14 days after the date of the
   17  order and must issue a notice of hearing to the respondent for
   18  the same.
   19         1. The clerk of the court shall cause a copy of the notice
   20  of hearing and petition to be forwarded on or before the next
   21  business day to the appropriate law enforcement agency for
   22  service upon the respondent as provided in subsection (5).
   23         2. The court may, as provided in subsection (4), issue a
   24  temporary ex parte risk protection order pending the hearing
   25  ordered under this subsection. Such temporary ex parte order
   26  must be served concurrently with the notice of hearing and
   27  petition as provided in subsection (5).
   28         3. The court may conduct a hearing by telephone pursuant to
   29  a local court rule to reasonably accommodate a disability or
   30  exceptional circumstances. The court must receive assurances of
   31  the petitioner’s identity before conducting a telephonic
   32  hearing.
   33         4. The respondent may be represented by counsel. If the
   34  respondent is indigent and desires representation, counsel must
   35  be appointed as provided in s. 27.40.
   36         Section 2. This act shall take effect July 1, 2022.