Florida Senate - 2021 SB 182 By Senator Berman 31-00069-21 2021182__ Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to risk protection orders; amending s. 2 790.401, F.S.; redefining the term “petitioner” to 3 include an individual who has a biological or legal 4 parent-child relationship with, who is a legal 5 guardian of, or who is a spouse or sibling of a 6 respondent; conforming provisions to changes made by 7 the act; 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 (1) and paragraphs 12 (a), (b), (c), and (

g) of subsection (2) of

section 790.401, 13 Florida Statutes, are amended to read: 14 790.401 Risk protection orders.— 15

(1) DEFINITIONS.—As used in this section, the term: 16 (a) “Petitioner” means a law enforcement officer; or a law 17 enforcement agency; an individual who has a biological or legal 18 parent-child relationship with a respondent, including a 19 stepparent-stepchild relationship and a grandparent-grandchild 20 relationship; an individual who is the legal guardian of a 21 respondent; an individual who is the spouse of a respondent; or 22 a sibling of a respondent who that petitions a court for a risk 23 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 Florida Senate - 2021 SB 182 31-00069-21 2021182__ Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. 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 32 agency; 33 2. The petitioner resides, if the petitioner is not a law 34 enforcement officer or a law enforcement agency; or 35 3. the county where The respondent resides. 36 (

c) A Such petition for a risk protection order does not 37 require the petitioner or the respondent either party to be 38 represented by an attorney. 39 (

g) The petitioner must list the address of record on the 40 petition must be the address as being where the appropriate law 41 enforcement agency is located, if the petitioner is a law 42 enforcement officer or a law enforcement agency, or the address 43 where the petitioner resides, if the petitioner is not a law 44 enforcement officer or a law enforcement agency. 45

Section 2. This act shall take effect July 1, 2021. 46