Senate Bill 1034 (2024) — Representation by counsel in hearings on petitions for risk protection orders
SB 1034
Florida Bills
Florida Senate - 2024 SB By Senator Ingoglia 11-00942B-24 20241034__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to representation by counsel in hearings on petitions for risk protection orders; 3 amending s. 790.401, F.S.; specifying that a respondent has the right to be represented by counsel; 5 requiring that the court’s notice of hearing inform the respondent of his or her right to be represented by counsel; requiring the appointment of counsel if the respondent is indigent and desires representation; 9 providing an effective date. 10
Be It Enacted by the Legislature of the State of Florida: 12
Section 1. Paragraph
(
a) of subsection (3) of
section 14 790.401, Florida Statutes, is amended to read: 15 790.401 Risk protection orders.— 16
(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.— 17
(
a) Upon receipt of a petition, the court must order a hearing to be held no later than days after the date of the order and must issue a notice of hearing to the respondent for the same. 21 1. The clerk of the court shall cause a copy of the notice of hearing and petition to be forwarded on or before the next business day to the appropriate law enforcement agency for service upon the respondent as provided in subsection (5). 25 2. The court may, as provided in subsection (4), issue a temporary ex parte risk protection order pending the hearing ordered under this subsection.
Such temporary ex parte order must be served concurrently with the notice of hearing and Florida Senate - 2024 SB 1034 11-00942B-24 20241034__ CODING: Words stricken are deletions; words underlined are additions. petition as provided in subsection (5). 30 3. The court may conduct a hearing by telephone pursuant to a local court rule to reasonably accommodate a disability or exceptional circumstances. The court must receive assurances of the petitioner’s identity before conducting a telephonic hearing. 35 4.
A respondent has the right to be represented by counsel. 36 The court’s notice of hearing must inform the respondent of his or her right to be represented by counsel. If the respondent is indigent and desires representation, counsel must be appointed as provided in s. 27.40. 40