H 1455

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    HB 1455  2026
1A bill to be entitled
2An act relating to representation by counsel in
3hearings on petitions for risk protection orders;
4amending s. 790.401, F.S.; providing that a respondent
5has the right to be represented by an attorney in a
6risk protection order proceeding and the right to have
7counsel appointed if he or she is indigent and desires
8representation; authorizing a private attorney
9appointed to represent the respondent in a risk
10protection order to be compensated; requiring
11specified notice to a respondent; amending s. 27.51,
12F.S.; authorizing a public defender to represent a
13person who is named as the respondent in a risk
14protection order; amending s. 27.511, F.S.;
15authorizing the office of criminal conflict and civil
16regional counsel to represent a person who is named as
17the respondent in a risk protection order in specified
18circumstances; amending s. 27.5304, F.S.; specifying a
19compensation limitation for private counsel appointed
20to represent the respondent in a risk protection order
21proceeding; amending s. 39.815, F.S.; conforming a
22cross-reference; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
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26Section 1.       Paragraphs (c) and (d) of subsection (2) and
27    paragraphs (a) and (d) of subsection (3) of section 790.401,
28    Florida Statutes, are amended to read:
29790.401     Risk protection orders.—
30(2)     PETITION FOR A RISK PROTECTION ORDER.—There is created
31    an action known as a petition for a risk protection order.
32(c)     The respondent has the right to be represented by an
33    attorney. If the respondent is indigent and desires
34    representation, the court shall appoint counsel as provided in
35    s. 27.40. However, such petition for a risk protection order
36    does not require either party to be represented by an attorney.
37(d)     Notwithstanding any other law, attorney fees may not
38    be awarded in any proceeding under this section. However, this
39    paragraph does not preclude a private attorney who is appointed
40    to represent an indigent respondent from being compensated as
41    provided in s. 27.5304.
42(3)     RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
43(a)     Upon receipt of a petition, the court must order a
44    hearing to be held no later than 14 days after the date of the
45    order and must issue a notice of hearing to the respondent for
46    the same. Such notice of hearing must inform the respondent of
47    his or her right to be represented by an attorney and inform the
48    respondent that if he or she is indigent and desires
49    representation, counsel will be appointed as provided in s.
50    27.40.
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511.      The clerk of the court shall electronically transmit
52    within 6 hours after the court issues an order and notice of
53    hearing a copy of the order,  notice of hearing, and petition to
54    the appropriate law enforcement agency for service upon the
55    respondent as provided in subsection (5).
562.      The court may, as provided in subsection (4), issue a
57    temporary ex parte risk protection order pending the hearing
58    ordered under this subsection. Such temporary ex parte order
59    must be served concurrently with the notice of hearing and
60    petition as provided in subsection (5).
613.      The court may conduct a hearing by telephone pursuant
62    to a local court rule to reasonably accommodate a disability or
63    exceptional circumstances. The court must receive assurances of
64    the petitioner's identity before conducting a telephonic
65    hearing.
66(d)      A person, including an officer of the court, who
67    offers evidence or recommendations relating to the cause of
68    action either must present the evidence or recommendations in
69    writing to the court with copies to each party and his or her
70    attorney, if one is retained or appointed, or must present the
71    evidence under oath at a hearing at which all parties are
72    present.
73Section 2.       Paragraphs (e) and (f) of subsection (1) of
74    section 27.51, Florida Statutes, are redesignated as paragraphs
75    (f) and (g), respectively, and a new paragraph (e) is added to
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76     that subsection, to read:
7727.51       Duties of public defender.—
78(1)     The public defender shall represent, without
79     additional compensation, any person determined to be indigent
80     under s. 27.52 and:
81(e)     Named as the respondent in a petition filed before a
82     circuit court for a risk protection order under s. 790.401;
83Section 3.       Paragraphs (e), (f), and (g) of subsection (5)
84     of section 27.511, Florida Statutes, are redesignated as
85     paragraphs (f), (g), and (h), respectively, subsection (8) is
86     amended, and a new paragraph (e) is added to subsection (5) of
87     that section, to read:
8827.511      Offices of criminal conflict and civil regional
89     counsel; legislative intent; qualifications; appointment;
90     duties.—
91(5)     When the Office of the Public Defender, at any time
92     during the representation of two or more defendants, determines
93     that the interests of those accused are so adverse or hostile
94     that they cannot all be counseled by the public defender or his
95     or her staff without a conflict of interest, or that none can be
96     counseled by the public defender or his or her staff because of
97     a conflict of interest, and the court grants the public
98     defender's motion to withdraw, the office of criminal conflict
99     and civil regional counsel shall be appointed and shall provide
100    legal services, without additional compensation, to any person
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101    determined to be indigent under s. 27.52, who is:
102(e)     Named as the respondent in a petition filed before a
103    circuit court for a risk protection order under s. 790.401;
104(8) The public defender for the judicial circuit specified
105    in s. 27.51(4) shall, after the record on appeal is transmitted
106    to the appellate court by the office of criminal conflict and
107    civil regional counsel which handled the trial and if requested
108    by the regional counsel for the indicated appellate district,
109    handle all circuit court and county court appeals authorized
110    pursuant to paragraph (5)(g) (5)(f) within the state courts
111    system and any authorized appeals to the federal courts required
112    of the official making the request. If the public defender
113    certifies to the court that the public defender has a conflict
114    consistent with the criteria prescribed in s. 27.5303 and moves
115    to withdraw, the regional counsel shall handle the appeal,
116    unless the regional counsel has a conflict, in which case the
117    court shall appoint private counsel pursuant to s. 27.40.
118Section 4.       Subsections (6) through (13) of section
119    27.5304, Florida Statutes, are renumbered as subsections (7)
120    through (14), respectively, subsection (2) and paragraph (b) of
121    subsection (11) are amended, and a new subsection (6) is added
122    to that section, to read:
12327.5304     Private court-appointed counsel; compensation;
124    notice.—
125(2)     The Justice Administrative Commission shall review an
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126    intended billing by private court-appointed counsel for attorney
127    fees based on a flat fee per case for completeness and
128    compliance with contractual and statutory requirements. The
129    commission may approve the intended bill for a flat fee per case
130    for payment without approval by the court if the intended
131    billing is correct. An intended billing that seeks compensation
132    for any amount exceeding the flat fee established for a
133    particular type of representation, as prescribed in the General
134    Appropriations Act, shall comply with subsections (12) and (13)
135    subsections (11) and (12).
136(6)     The compensation for representation in a risk
137    protection order proceeding under s. 790.401 may not exceed
138    $1,000.
139(11)        It is the intent of the Legislature that the flat
140    fees prescribed under this section and the General
141    Appropriations Act comprise the full and complete compensation
142    for private court-appointed counsel. It is further the intent of
143    the Legislature that the fees in this section are prescribed for
144    the purpose of providing counsel with notice of the limit on the
145    amount of compensation for representation in particular
146    proceedings and the sole procedure and requirements for
147    obtaining payment for the same.
148(b)     If court-appointed counsel is allowed to withdraw from
149    representation prior to the full performance of his or her
150    duties through the completion of the case and the court appoints
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151    a subsequent attorney, the total compensation for the initial
152    and any and all subsequent attorneys may not exceed the flat fee
153    established under this section and the General Appropriations
154    Act, except as provided in subsection (13) (12).
155
156    This subsection constitutes notice to any subsequently appointed
157    attorney that he or she will not be compensated the full flat
158    fee.
159Section 5.       Subsection (1) of section 39.815, Florida
160    Statutes, is amended to read:
16139.815      Appeal.—
162(1)     Any child, any parent or guardian ad litem of any
163    child, any other party to the proceeding who is affected by an
164    order of the court, or the department may appeal to the
165    appropriate district court of appeal within the time and in the
166    manner prescribed by the Florida Rules of Appellate Procedure.
167    The district court of appeal shall give an appeal from an order
168    terminating parental rights priority in docketing and shall
169    render a decision on the appeal as expeditiously as possible.
170    Appointed counsel shall be compensated as provided in s.
171    27.5304(7) s. 27.5304(6).
172Section 6.       This act shall take effect July 1, 2026.
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