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Bill > H0365


FL H0365

FL H0365
Representation by Counsel in Hearings on Petitions for Risk Protection Orders


summary

Introduced
11/07/2023
In Committee
02/01/2024
Crossed Over
Passed
Dead
03/08/2024

Introduced Session

2024 Regular Session

Bill Summary

An act relating to representation by counsel in hearings on petitions for risk protection orders; amending s. 790.401, F.S.; providing the respondent has the right to be represented by an attorney in a risk protection order proceeding and the right to have an attorney appointed if he or she cannot afford one; authorizing a private counsel who is appointed to represent the respondent in a risk protection order to be compensated; requiring specified notice to a respondent; conforming a provision to changes made by the act; amending s. 27.51, F.S.; authorizing a public defender to represent a person who is named as the respondent in a risk protection order; amending s. 27.511, F.S.; authorizing the office of criminal conflict and civil regional counsel to represent a person who is named as the respondent in a risk protection order in specified circumstances; conforming a cross-reference; amending s. 27.5304, F.S.; specifying the compensation for a private counsel who is appointed to represent a respondent in a risk protection order proceeding; conforming cross- references; amending s. 39.815, F.S.; conforming a cross-reference; providing an effective date.

AI Summary

This bill amends Florida's law on risk protection orders to provide the respondent the right to be represented by an attorney, including the right to have an attorney appointed if they cannot afford one. The bill authorizes private counsel who are appointed to represent indigent respondents to be compensated, and it requires the court to provide notice to the respondent of their right to counsel. The bill also authorizes public defenders and the office of criminal conflict and civil regional counsel to represent respondents in risk protection order proceedings. Additionally, the bill specifies that the compensation for private counsel appointed to represent a respondent in a risk protection order proceeding cannot exceed $1,000.

Committee Categories

Justice

Sponsors (3)

Other Sponsors (1)

Criminal Justice Subcommittee (House)

Last Action

Died on Second Reading Calendar (on 03/08/2024)

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