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.