THE BILL ITSELF
HB 1455
Representation by Counsel in Hearings on Petitions for Risk Protection Orders
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A bill to be entitled
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An act relating to representation by counsel in
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hearings on petitions for risk protection orders;
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amending s. 790.401, F.S.; providing that a respondent
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has the right to be represented by an attorney in a
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risk protection order proceeding and the right to have
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counsel appointed if he or she is indigent and desires
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representation; authorizing a private attorney
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appointed to represent the respondent in a risk
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protection order to be compensated; requiring
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specified notice to a respondent; amending s. 27.51,
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F.S.; authorizing a public defender to represent a
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person who is named as the respondent in a risk
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protection order; amending s. 27.511, F.S.;
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authorizing the office of criminal conflict and civil
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regional counsel to represent a person who is named as
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the respondent in a risk protection order in specified
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circumstances; amending s. 27.5304, F.S.; specifying a
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compensation limitation for private counsel appointed
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to represent the respondent in a risk protection order
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proceeding; amending s. 39.815, F.S.; conforming a
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cross-reference; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (c) and (d) of subsection (2) and
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paragraphs (a) and (d) of subsection (3) of section 790.401,
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Florida Statutes, are amended to read:
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790.401 Risk protection orders.—
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(2) PETITION FOR A RISK PROTECTION ORDER.—There is created
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an action known as a petition for a risk protection order.
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(c) The respondent has the right to be represented by an
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attorney. If the respondent is indigent and desires
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representation, the court shall appoint counsel as provided in
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s. 27.40. However, such petition for a risk protection order
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does not require either party to be represented by an attorney.
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(d) Notwithstanding any other law, attorney fees may not
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be awarded in any proceeding under this section. However, this
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paragraph does not preclude a private attorney who is appointed
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to represent an indigent respondent from being compensated as
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provided in s. 27.5304.
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(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
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(a) Upon receipt of a petition, the court must order a
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hearing to be held no later than 14 days after the date of the
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order and must issue a notice of hearing to the respondent for
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the same. Such notice of hearing must inform the respondent of
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his or her right to be represented by an attorney and inform the
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respondent that if he or she is indigent and desires
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representation, counsel will be appointed as provided in s.
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27.40.
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1. The clerk of the court shall electronically transmit
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within 6 hours after the court issues an order and notice of
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hearing a copy of the order, notice of hearing, and petition to
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the appropriate law enforcement agency for service upon the
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respondent as provided in subsection (5).
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2. The court may, as provided in subsection (4), issue a
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temporary ex parte risk protection order pending the hearing
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ordered under this subsection. Such temporary ex parte order
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must be served concurrently with the notice of hearing and
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petition as provided in subsection (5).
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3. The court may conduct a hearing by telephone pursuant
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to a local court rule to reasonably accommodate a disability or
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exceptional circumstances. The court must receive assurances of
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the petitioner's identity before conducting a telephonic
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hearing.
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(d) A person, including an officer of the court, who
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offers evidence or recommendations relating to the cause of
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action either must present the evidence or recommendations in
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writing to the court with copies to each party and his or her
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attorney, if one is retained or appointed, or must present the
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evidence under oath at a hearing at which all parties are
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present.
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Section 2. Paragraphs (e) and (f) of subsection (1) of
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section 27.51, Florida Statutes, are redesignated as paragraphs
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(f) and (g), respectively, and a new paragraph (e) is added to
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that subsection, to read:
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27.51 Duties of public defender.—
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(1) The public defender shall represent, without
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additional compensation, any person determined to be indigent
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under s. 27.52 and:
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(e) Named as the respondent in a petition filed before a
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circuit court for a risk protection order under s. 790.401;
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Section 3. Paragraphs (e), (f), and (g) of subsection (5)
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of section 27.511, Florida Statutes, are redesignated as
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paragraphs (f), (g), and (h), respectively, subsection (8) is
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amended, and a new paragraph (e) is added to subsection (5) of
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that section, to read:
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27.511 Offices of criminal conflict and civil regional
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counsel; legislative intent; qualifications; appointment;
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duties.—
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(5) When the Office of the Public Defender, at any time
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during the representation of two or more defendants, determines
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that the interests of those accused are so adverse or hostile
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that they cannot all be counseled by the public defender or his
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or her staff without a conflict of interest, or that none can be
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counseled by the public defender or his or her staff because of
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a conflict of interest, and the court grants the public
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defender's motion to withdraw, the office of criminal conflict
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and civil regional counsel shall be appointed and shall provide
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legal services, without additional compensation, to any person
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determined to be indigent under s. 27.52, who is:
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(e) Named as the respondent in a petition filed before a
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circuit court for a risk protection order under s. 790.401;
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(8) The public defender for the judicial circuit specified
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in s. 27.51(4) shall, after the record on appeal is transmitted
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to the appellate court by the office of criminal conflict and
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civil regional counsel which handled the trial and if requested
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by the regional counsel for the indicated appellate district,
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handle all circuit court and county court appeals authorized
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pursuant to paragraph (5)(g) (5)(f) within the state courts
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system and any authorized appeals to the federal courts required
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of the official making the request. If the public defender
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certifies to the court that the public defender has a conflict
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consistent with the criteria prescribed in s. 27.5303 and moves
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to withdraw, the regional counsel shall handle the appeal,
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unless the regional counsel has a conflict, in which case the
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court shall appoint private counsel pursuant to s. 27.40.
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Section 4. Subsections (6) through (13) of section
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27.5304, Florida Statutes, are renumbered as subsections (7)
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through (14), respectively, subsection (2) and paragraph (b) of
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subsection (11) are amended, and a new subsection (6) is added
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to that section, to read:
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27.5304 Private court-appointed counsel; compensation;
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notice.—
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(2) The Justice Administrative Commission shall review an
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intended billing by private court-appointed counsel for attorney
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fees based on a flat fee per case for completeness and
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compliance with contractual and statutory requirements. The
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commission may approve the intended bill for a flat fee per case
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for payment without approval by the court if the intended
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billing is correct. An intended billing that seeks compensation
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for any amount exceeding the flat fee established for a
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particular type of representation, as prescribed in the General
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Appropriations Act, shall comply with subsections (12) and (13)
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subsections (11) and (12).
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(6) The compensation for representation in a risk
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protection order proceeding under s. 790.401 may not exceed
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$1,000.
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(11) It is the intent of the Legislature that the flat
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fees prescribed under this section and the General
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Appropriations Act comprise the full and complete compensation
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for private court-appointed counsel. It is further the intent of
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the Legislature that the fees in this section are prescribed for
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the purpose of providing counsel with notice of the limit on the
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amount of compensation for representation in particular
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proceedings and the sole procedure and requirements for
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obtaining payment for the same.
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(b) If court-appointed counsel is allowed to withdraw from
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representation prior to the full performance of his or her
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duties through the completion of the case and the court appoints
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a subsequent attorney, the total compensation for the initial
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and any and all subsequent attorneys may not exceed the flat fee
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established under this section and the General Appropriations
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Act, except as provided in subsection (13) (12).
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This subsection constitutes notice to any subsequently appointed
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attorney that he or she will not be compensated the full flat
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fee.
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Section 5. Subsection (1) of section 39.815, Florida
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Statutes, is amended to read:
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39.815 Appeal.—
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(1) Any child, any parent or guardian ad litem of any
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child, any other party to the proceeding who is affected by an
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order of the court, or the department may appeal to the
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appropriate district court of appeal within the time and in the
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manner prescribed by the Florida Rules of Appellate Procedure.
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The district court of appeal shall give an appeal from an order
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terminating parental rights priority in docketing and shall
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render a decision on the appeal as expeditiously as possible.
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Appointed counsel shall be compensated as provided in s.
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27.5304(7) s. 27.5304(6).
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Section 6. This act shall take effect July 1, 2026.