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HB 1455

Representation by Counsel in Hearings on Petitions for Risk Protection Orders

2026 Regular Session Introduced by Juan Porras

Florida bill establishes right to legal counsel for individuals facing firearm restriction orders in civil "red flag" hearings.

Added to Criminal Justice Subcommittee agenda
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Bill Summary · HB 1455

Legislative bill overview

HB 1455 would establish the right to legal representation in Florida's risk protection order (RPO) hearings, also known as "red flag" proceedings. These are civil hearings where courts can temporarily restrict someone's access to firearms if they're deemed a danger to themselves or others. The bill ensures that individuals facing such orders can have an attorney present to defend their interests.

Why is this important

Risk protection orders directly impact fundamental rights—both Second Amendment considerations and due process protections. Currently, Florida law doesn't explicitly guarantee counsel representation in these civil proceedings, which can result in individuals losing firearm rights without adequate legal defense. This bill addresses a gap in legal protections that affects thousands of Floridians annually.

Potential points of contention

  • Due process vs. public safety trade-off: Opponents may argue that mandatory counsel representation could slow emergency RPO issuance, potentially delaying intervention in crisis situations; supporters will contend that due process protections are essential even in time-sensitive cases
  • Cost and court resources: Providing court-appointed counsel for all indigent respondents creates budgetary implications for the state justice system, which may strain already-limited resources
  • Scope of representation timing: Unclear whether counsel applies only to initial hearings or extends through renewal petitions, and whether respondents must pay for private attorneys or if public defender resources apply

Compiled from official sources — confirm details with the bill’s official record.

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