Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 86
       
       
       
       
       
       
                                Ì148514'Î148514                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/09/2024           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 741.311, Florida Statutes, is created to
    6  read:
    7         741.311Hope Card Program for persons issued orders of
    8  protection.—
    9         (1)The Florida Association of Court Clerks, Inc., shall
   10  develop the Hope Card Program, which provides for the issuance
   11  of a Hope Card to any person who has been issued an order of
   12  protection by a circuit court in this state, or by a court of a
   13  foreign state pursuant to s. 741.315. The Florida Association of
   14  Court Clerks, Inc., may consult with the Office of the State
   15  Courts Administrator, the Attorney General, the Department of
   16  Children and Families, and other interested agencies and private
   17  entities to develop and implement the program. The association
   18  may seek federal grants and private donations to defray the cost
   19  of the program.
   20         (2)Beginning July 1, 2024, a person who has been issued a
   21  final judgment on injunction for protection under s. 741.30, s.
   22  784.046, s. 784.0485, or s. 825.1035 may apply for a Hope Card
   23  with the clerk of the court of the circuit where the petition
   24  for an injunction for protection was initially filed. A person
   25  protected by a foreign protection order under s. 741.315 may
   26  submit an application for a Hope Card to any clerk of the court
   27  in this state. A person may apply for a Hope Card at the time
   28  the final judgment on injunction for protection is issued or at
   29  any other time before the expiration of the order of protection.
   30         (3)The Florida Association of Court Clerks, Inc., shall
   31  develop a uniform application for use by the clerks of the
   32  circuit court. Hope Card applications must be available on the
   33  website of each clerk of the circuit court, and paper
   34  applications must also be available at the clerk’s office.
   35         (4)Not later than the end of the next business day after
   36  receipt of an application, the clerk of the circuit court shall
   37  either create the Hope Card or electronically transmit the
   38  application to the Florida Association of Court Clerks, Inc.,
   39  for creation of the Hope Card. The Hope Card must be delivered
   40  to the petitioner or deposited in the mail not later than the
   41  end of the next business day after the card is created.
   42         (5)The Florida Association of Court Clerks, Inc., or a
   43  clerk of the circuit court, may not assess a fee to the
   44  applicant for the issuance of a Hope Card.
   45         (6)A Hope Card issued under the program must be a durable,
   46  laminated card, 3.375 inches wide by 2.125 inches high,
   47  containing all of the following information:
   48         (a)The respondent’s name, date of birth, height, weight,
   49  sex, race, eye color, hair color, and any other distinguishing
   50  features or characteristics of the respondent.
   51         (b)The petitioner’s name and date of birth and the names
   52  and dates of birth of any minor children protected under the
   53  order.
   54         (c)The name and date of birth, if applicable, of any other
   55  person or animal protected under the order.
   56         (d)Pertinent information about the order of protection,
   57  including, but not limited to, the issuing court; the case
   58  number; the date the order of protection was issued; the
   59  expiration date, if any, of the order of protection; the
   60  locations from which the respondent is restrained; and any other
   61  relevant details of the order.
   62         Section 2. Present subsections (4), (5), and (6) of section
   63  741.315, Florida Statutes, are renumbered as subsections (5),
   64  (6), and (7), respectively, and a new subsection (4) is added to
   65  that section, to read:
   66         741.315 Recognition of foreign protection orders.—
   67         (4)A person protected by an injunction for protection
   68  issued by a court of a foreign state may apply for a Hope Card
   69  under s. 741.311, as if the order of protection was issued by a
   70  Florida court. Failure to register a foreign order does not
   71  preclude a protected person from applying and receiving a Hope
   72  Card.
   73         Section 3. Paragraph (d) is added to subsection (8) of
   74  section 741.30, Florida Statutes, to read:
   75         741.30 Domestic violence; injunction; powers and duties of
   76  court and clerk; petition; notice and hearing; temporary
   77  injunction; issuance of injunction; statewide verification
   78  system; enforcement; public records exemption.—
   79         (8)
   80         (d)The petitioner may apply for a Hope Card under s.
   81  741.311 after the court has issued a final order of protection.
   82         Section 4. Paragraph (d) is added to subsection (8) of
   83  section 784.046, Florida Statutes, to read:
   84         784.046 Action by victim of repeat violence, sexual
   85  violence, or dating violence for protective injunction; dating
   86  violence investigations, notice to victims, and reporting;
   87  pretrial release violations; public records exemption.—
   88         (8)
   89         (d)The petitioner may apply for a Hope Card under s.
   90  741.311 after the court has issued a final order of protection.
   91         Section 5. Paragraph (c) is added to subsection (8) of
   92  section 784.0485, Florida Statutes, to read:
   93         784.0485 Stalking; injunction; powers and duties of court
   94  and clerk; petition; notice and hearing; temporary injunction;
   95  issuance of injunction; statewide verification system;
   96  enforcement.—
   97         (8)
   98         (c)The petitioner may apply for a Hope Card under s.
   99  741.311 after the court has issued a final order of protection.
  100         Section 6. Paragraph (c) is added to subsection (10) of
  101  section 825.1035, Florida Statutes, to read:
  102         825.1035 Injunction for protection against exploitation of
  103  a vulnerable adult.—
  104         (10) TRANSMITTAL TO SHERIFF; SERVICE; HOPE CARD.—
  105         (c)The petitioner may apply for a Hope Card under s.
  106  741.311 after the court has issued a final order of protection.
  107         Section 7. This act shall take effect July 1, 2024.
  108  
  109  ================= T I T L E  A M E N D M E N T ================
  110  And the title is amended as follows:
  111         Delete everything before the enacting clause
  112  and insert:
  113                        A bill to be entitled                      
  114         An act relating to Hope Cards for persons issued
  115         orders of protection; creating s. 741.311, F.S.;
  116         requiring the Florida Association of Court Clerks,
  117         Inc., to develop the Hope Card Program; authorizing
  118         the association to consult with specified entities to
  119         develop and implement the program; authorizing the
  120         association to seek federal grants and private
  121         donations to defray the cost of the program;
  122         authorizing certain persons to apply for a Hope Card
  123         after a specified date; requiring the association to
  124         develop a uniform application for use by the clerks of
  125         the circuit court; requiring that applications for a
  126         Hope Card be available online and in clerks’ offices;
  127         requiring the clerk of the circuit court, within a
  128         specified timeframe after receipt of an application,
  129         to either create the Hope Card or electronically
  130         transmit the application to the association for
  131         creation of the card; requiring that the delivery or
  132         mailing of the Hope Card be within a specified
  133         timeframe; prohibiting the assessment of a fee to a
  134         Hope Card applicant; providing requirements for the
  135         Hope Card; amending s. 741.315, F.S.; authorizing a
  136         person protected by an injunction for protection
  137         issued by a court of a foreign state to apply for and
  138         receive a Hope Card even if the person does not
  139         register the order for protection in this state;
  140         amending ss. 741.30, 784.046, 784.0485, and 825.1035,
  141         F.S.; conforming provisions to changes made by the
  142         act; providing an effective date.