Representation by Counsel in Hearings on Petitions for Risk Protection Orders

HB 1455 2026

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A bill to be entitled 1
An act relating to representation by counsel in 2
hearings on petitions for risk protection orders; 3
amending s. 790.401, F.S.; providing that a respondent 4
has the right to be represented by an attorney in a 5
risk protection order proceeding and the right to have 6
counsel appointed if he or she is indigent and desires 7
representation; authorizing a private attorney 8
appointed to represent the respondent in a risk 9
protection order to be compensated; requiring 10
specified notice to a respondent; amending s. 27.51, 11
F.S.; authorizing a public defender to represent a 12
person who is named as the respondent in a risk 13
protection order; amending s. 27.511, F.S.; 14
authorizing the office of criminal conflict and civil 15
regional counsel to represent a person who is named as 16
the respondent in a risk protection order in specified 17
circumstances; amending s. 27.5304, F.S.; specifying a 18
compensation limitation for private counsel appointed 19
to represent the respondent in a risk protection order 20
proceeding; amending s. 39.815, F.S.; conforming a 21
cross-reference; providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
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HB 1455 2026

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Section 1. Paragraphs (c) and (d) of subsection (2) and 26
paragraphs (a) and (d) of subsection (3) of section 790.401, 27
Florida Statutes, are amended to read: 28
790.401 Risk protection orders.— 29
(2) PETITION FOR A RISK PROTECTION ORDER.—There is created 30
an action known as a petition for a risk protection order. 31
(c) The respondent has the right to be represented by an 32
attorney. If the respondent is indigent and desires 33
representation, the court shall appoint counsel as provided in 34
s. 27.40. However, such petition for a risk protection order 35
does not require either party to be represented by an attorney. 36
(d) Notwithstanding any other law, attorney fees may not 37
be awarded in any proceeding under this section. However, this 38
paragraph does not preclude a private attorney who is appointed 39
to represent an indigent respondent from being compensated as 40
provided in s. 27.5304. 41
(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.— 42
(a) Upon receipt of a petition, the court must order a 43
hearing to be held no later than 14 days after the date of the 44
order and must issue a notice of hearing to the respondent for 45
the same. Such notice of hearing must inform the respondent of 46
his or her right to be represented by an attorney and inform the 47
respondent that if he or she is indigent and desires 48
representation, counsel will be appointed as provided in s. 49
27.40. 50

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1. The clerk of the court shall electronically transmit 51
within 6 hours after the court issues an order and notice of 52
hearing a copy of the order, notice of hearing, and petition to 53
the appropriate law enforcement agency for service upon the 54
respondent as provided in subsection (5). 55
2. The court may, as provided in subsection (4), issue a 56
temporary ex parte risk protection order pending the hearing 57
ordered under this subsection. Such temporary ex parte order 58
must be served concurrently with the notice of hearing and 59
petition as provided in subsection (5). 60
3. The court may conduct a hearing by telephone pursuant 61
to a local court rule to reasonably accommodate a disability or 62
exceptional circumstances. The court must receive assurances of 63
the petitioner's identity before conducting a telephonic 64
hearing. 65
(d) A person, including an officer of the court, who 66
offers evidence or recommendations relating to the cause of 67
action either must present the evidence or recommendations in 68
writing to the court with copies to each party and his or her 69
attorney, if one is retained or appointed, or must present the 70
evidence under oath at a hearing at which all parties are 71
present. 72
Section 2. Paragraphs (e) and (f) of subsection (1) of 73
section 27.51, Florida Statutes, are redesignated as paragraphs 74
(f) and (g), respectively, and a new paragraph (e) is added to 75

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that subsection, to read: 76
27.51 Duties of public defender.— 77
(1) The public defender shall represent, without 78
additional compensation, any person determined to be indigent 79
under s. 27.52 and: 80
(e) Named as the respondent in a petition filed before a 81
circuit court for a risk protection order under s. 790.401; 82
Section 3. Paragraphs (e), (f), and (g) of subsection (5) 83
of section 27.511, Florida Statutes, are redesignated as 84
paragraphs (f), (g), and (h), respectively, subsection (8) is 85
amended, and a new paragraph (e) is added to subsection (5) of 86
that section, to read: 87
27.511 Offices of criminal conflict and civil regional 88
counsel; legislative intent; qualifications; appointment; 89
duties.— 90
(5) When the Office of the Public Defender, at any time 91
during the representation of two or more defendants, determines 92
that the interests of those accused are so adverse or hostile 93
that they cannot all be counseled by the public defender or his 94
or her staff without a conflict of interest, or that none can be 95
counseled by the public defender or his or her staff because of 96
a conflict of interest, and the court grants the public 97
defender's motion to withdraw, the office of criminal conflict 98
and civil regional counsel shall be appointed and shall provide 99
legal services, without additional compensation, to any person 100

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determined to be indigent under s. 27.52, who is: 101
(e) Named as the respondent in a petition filed before a 102
circuit court for a risk protection order under s. 790.401; 103
(8) The public defender for the judicial circuit specified 104
in s. 27.51(4) shall, after the record on appeal is transmitted 105
to the appellate court by the office of criminal conflict and 106
civil regional counsel which handled the trial and if requested 107
by the regional counsel for the indicated appellate district, 108
handle all circuit court and county court appeals authorized 109
pursuant to paragraph (5)(g) (5)(f) within the state courts 110
system and any authorized appeals to the federal courts required 111
of the official making the request. If the public defender 112
certifies to the court that the public defender has a conflict 113
consistent with the criteria prescribed in s. 27.5303 and moves 114
to withdraw, the regional counsel shall handle the appeal, 115
unless the regional counsel has a conflict, in which case the 116
court shall appoint private counsel pursuant to s. 27.40. 117
Section 4. Subsections (6) through (13) of section 118
27.5304, Florida Statutes, are renumbered as subsections (7) 119
through (14), respectively, subsection (2) and paragraph (b) of 120
subsection (11) are amended, and a new subsection (6) is added 121
to that section, to read: 122
27.5304 Private court-appointed counsel; compensation; 123
notice.— 124
(2) The Justice Administrative Commission shall review an 125

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intended billing by private court-appointed counsel for attorney 126
fees based on a flat fee per case for completeness and 127
compliance with contractual and statutory requirements. The 128
commission may approve the intended bill for a flat fee per case 129
for payment without approval by the court if the intended 130
billing is correct. An intended billing that seeks compensation 131
for any amount exceeding the flat fee established for a 132
particular type of representation, as prescribed in the General 133
Appropriations Act, shall comply with subsections (12) and (13) 134
subsections (11) and (12). 135
(6) The compensation for representation in a risk 136
protection order proceeding under s. 790.401 may not exceed 137
$1,000. 138
(11) It is the intent of the Legislature that the flat 139
fees prescribed under this section and the General 140
Appropriations Act comprise the full and complete compensation 141
for private court-appointed counsel. It is further the intent of 142
the Legislature that the fees in this section are prescribed for 143
the purpose of providing counsel with notice of the limit on the 144
amount of compensation for representation in particular 145
proceedings and the sole procedure and requirements for 146
obtaining payment for the same. 147
(b) If court-appointed counsel is allowed to withdraw from 148
representation prior to the full performance of his or her 149
duties through the completion of the case and the court appoints 150

HB 1455 2026

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a subsequent attorney, the total compensation for the initial 151
and any and all subsequent attorneys may not exceed the flat fee 152
established under this section and the General Appropriations 153
Act, except as provided in subsection (13) (12). 154
155
This subsection constitutes notice to any subsequently appointed 156
attorney that he or she will not be compensated the full flat 157
fee. 158
Section 5. Subsection (1) of section 39.815, Florida 159
Statutes, is amended to read: 160
39.815 Appeal.— 161
(1) Any child, any parent or guardian ad litem of any 162
child, any other party to the proceeding who is affected by an 163
order of the court, or the department may appeal to the 164
appropriate district court of appeal within the time and in the 165
manner prescribed by the Florida Rules of Appellate Procedure. 166
The district court of appeal shall give an appeal from an order 167
terminating parental rights priority in docketing and shall 168
render a decision on the appeal as expeditiously as possible. 169
Appointed counsel shall be compensated as provided in s. 170
27.5304(7) s. 27.5304(6). 171
Section 6. This act shall take effect July 1, 2026. 172