Florida Senate - 2019                   (Proposed Bill) SPB 7106
       
       
        
       FOR CONSIDERATION By the Committee on Education
       
       
       
       
       
       581-03941A-19                                         20197106pb
    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 individuals who have a biological or legal
    5         parent-child relationship with, who are a legal
    6         guardian of, or who are a sibling of a respondent;
    7         conforming provisions to changes made by the act;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   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, or a sibling of a respondent who that petitions a
   23  court for a risk 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  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 residence of the petitioner is located, if the
   34  petitioner is not a law enforcement officer or a law enforcement
   35  agency; or
   36         3. the county where The respondent resides.
   37         (c) 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 as being where the appropriate law enforcement
   42  agency is located, if the petitioner is a law enforcement
   43  officer or a law enforcement agency, or the residence of the
   44  petitioner, if the petitioner is not a law enforcement officer
   45  or a law enforcement agency.
   46         Section 2. This act shall take effect July 1, 2019.