Florida Senate - 2023 SB 66



By Senator Berman





26-00061-23 202366__
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, for purposes of determining standing for
8 the filing of a petition for a risk protection order;
9 conforming provisions to changes made by the act;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (a) of subsection (1) and paragraphs
15 (a), (b), (c), and (g) of subsection (2) of section 790.401,
16 Florida Statutes, are amended to read:
17 790.401 Risk protection orders.—
18 (1) DEFINITIONS.—As used in this section, the term:
19 (a) “Petitioner” means a law enforcement officer; or a law
20 enforcement agency; an individual who has a biological or legal
21 parent-child relationship with a respondent, including a
22 stepparent-stepchild relationship and a grandparent-grandchild
23 relationship; an individual who is the legal guardian of a
24 respondent; the spouse of a respondent; or a sibling of a
25 respondent who that petitions a court for a risk protection
26 order under this section.
27 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
28 an action known as a petition for a risk protection order.
29 (a) A petition for a risk protection order may be filed by
30 a petitioner law enforcement officer or law enforcement agency.
31 (b) An action under this section must be filed in the
32 county where:
33 1. The petitioner’s law enforcement office is located, if
34 the petitioner is a law enforcement officer or a law enforcement
35 agency;
36 2. The petitioner resides, if the petitioner is not a law
37 enforcement officer or a law enforcement agency; or
38 3. the county where The respondent resides.
39 (c) A Such petition for a risk protection order does not
40 require the petitioner or the respondent either party to be
41 represented by an attorney.
42 (g) The petitioner must list the address of record on the
43 petition must be the address as being where the appropriate law
44 enforcement agency is located, if the petitioner is a law
45 enforcement officer or a law enforcement agency, or the address
46 where the petitioner resides, if the petitioner is not a law
47 enforcement officer or a law enforcement agency.
48 Section 2. This act shall take effect July 1, 2023.