Florida Senate - 2024                                    SB 1034
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00942B-24                                          20241034__
    1                        A bill to be entitled                      
    2         An act relating to representation by counsel in
    3         hearings on petitions for risk protection orders;
    4         amending s. 790.401, F.S.; specifying that a
    5         respondent has the right to be represented by counsel;
    6         requiring that the court’s notice of hearing inform
    7         the respondent of his or her right to be represented
    8         by counsel; requiring the appointment of counsel if
    9         the respondent is indigent and desires representation;
   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 (3) of section
   15  790.401, Florida Statutes, is amended to read:
   16         790.401 Risk protection orders.—
   17         (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
   18         (a) Upon receipt of a petition, the court must order a
   19  hearing to be held no later than 14 days after the date of the
   20  order and must issue a notice of hearing to the respondent for
   21  the same.
   22         1. The clerk of the court shall cause a copy of the notice
   23  of hearing and petition to be forwarded on or before the next
   24  business day to the appropriate law enforcement agency for
   25  service upon the respondent as provided in subsection (5).
   26         2. The court may, as provided in subsection (4), issue a
   27  temporary ex parte risk protection order pending the hearing
   28  ordered under this subsection. Such temporary ex parte order
   29  must be served concurrently with the notice of hearing and
   30  petition as provided in subsection (5).
   31         3. The court may conduct a hearing by telephone pursuant to
   32  a local court rule to reasonably accommodate a disability or
   33  exceptional circumstances. The court must receive assurances of
   34  the petitioner’s identity before conducting a telephonic
   35  hearing.
   36         4. A respondent has the right to be represented by counsel.
   37  The court’s notice of hearing must inform the respondent of his
   38  or her right to be represented by counsel. If the respondent is
   39  indigent and desires representation, counsel must be appointed
   40  as provided in s. 27.40.
   41         Section 2. This act shall take effect July 1, 2024.