Florida Senate - 2020                                     SB 114
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00011A-20                                           2020114__
    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; conforming provisions to changes made by
    8         the act; 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; an individual who is the spouse of a respondent; or
   23  a sibling of a respondent who that petitions a court for a risk
   24  protection order under this section.
   25         (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
   26  an action known as a petition for a risk protection order.
   27         (a) A petition for a risk protection order may be filed by
   28  a petitioner law enforcement officer or law enforcement agency.
   29         (b) An action under this section must be filed in the
   30  county where:
   31         1. The petitioner’s law enforcement office is located, if
   32  the petitioner is a law enforcement officer or a law enforcement
   33  agency;
   34         2. The petitioner resides, if the petitioner is not a law
   35  enforcement officer or a law enforcement agency; or
   36         3. the county where The respondent resides.
   37         (c) A 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 the address as being where the appropriate law
   42  enforcement agency is located, if the petitioner is a law
   43  enforcement officer or a law enforcement agency, or must be
   44  where the petitioner resides, if the petitioner is not a law
   45  enforcement officer or a law enforcement agency.
   46         Section 2. This act shall take effect July 1, 2020.