Florida HB 1455: Sexual Offenses by Persons Previously Convicted of Sexual Offenses

Bill Text

HB 1455 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1455-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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
25

HB 1455 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1455-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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

HB 1455 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1455-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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

HB 1455 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1455-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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 fi