Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 86
Ì270744-Î270744
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/23/2024 .
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The Committee on Fiscal Policy (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:
7 741.311 Hope Card Program for persons issued orders of
8 protection.—
9 (1) The clerks of the circuit court, in consultation with
10 the Office of the Attorney General, shall develop and implement
11 the Hope Card Program, which provides for the issuance of a Hope
12 Card to any person who has been issued an order of protection by
13 a county or circuit court in this state.
14 (2) Beginning October 1, 2024, a person who has been issued
15 a final judgment on injunction for protection under s. 741.30,
16 s. 784.046, s. 784.0485, or s. 825.1035 may request a Hope Card
17 from the clerk of the court of the circuit in which the order
18 for an injunction for protection was entered. A person may
19 request a Hope Card at the time the final judgment on injunction
20 for protection is issued or at any other time before the
21 expiration of the order for protection.
22 (3) After the court has issued a final judgment on
23 injunction for protection and within 3 business days after
24 receipt of a request for a Hope Card, the clerk of the court
25 shall create the Hope Card and provide it to the petitioner.
26 (4) The clerk of the court may not assess a fee for the
27 issuance of a Hope Card.
28 (5) A Hope Card is valid for 2 years after the date of
29 issuance of the final order or the expiration date of the
30 injunction, whichever is earlier. A Hope Card may be renewed
31 after the 2-year period if the injunction is still in effect.
32 (6) A Hope Card issued under the program may be digital or
33 a durable, wallet-sized card and must contain all of the
34 following information:
35 (a) The respondent’s name and date of birth.
36 (b) The name and date of birth of the petitioner or
37 protected person.
38 (c) Information regarding the issuing court; the case
39 number; the date the order of protection was issued; and the
40 expiration date, if any, of the order of protection.
41 (d) The telephone number for the statewide domestic
42 violence hotline.
43 (e) The date of issuance and the expiration date of the
44 Hope Card.
45 (7) A person who, having actual knowledge that he or she is
46 not protected by an injunction that is currently in force and
47 effect, knowingly and willfully presents to another person a
48 Hope Card or other document purporting to be a Hope Card for the
49 purpose of evidencing the existence of an injunction, commits a
50 misdemeanor of the second degree, punishable as provided in s.
51 775.082 or s. 775.083.
52 Section 2. Paragraph (d) is added to subsection (8) of
53 section 741.30, Florida Statutes, to read:
54 741.30 Domestic violence; injunction; powers and duties of
55 court and clerk; petition; notice and hearing; temporary
56 injunction; issuance of injunction; statewide verification
57 system; enforcement; public records exemption.—
58 (8)
59 (d) The petitioner may request a Hope Card under s. 741.311
60 after the court has issued a final order of protection.
61 Section 3. Paragraph (d) is added to subsection (8) of
62 section 784.046, Florida Statutes, to read:
63 784.046 Action by victim of repeat violence, sexual
64 violence, or dating violence for protective injunction; dating
65 violence investigations, notice to victims, and reporting;
66 pretrial release violations; public records exemption.—
67 (8)
68 (d) The petitioner may request a Hope Card under s. 741.311
69 after the court has issued a final order of protection.
70 Section 4. Paragraph (c) is added to subsection (8) of
71 section 784.0485, Florida Statutes, to read:
72 784.0485 Stalking; injunction; powers and duties of court
73 and clerk; petition; notice and hearing; temporary injunction;
74 issuance of injunction; statewide verification system;
75 enforcement.—
76 (8)
77 (c) The petitioner may request a Hope Card under s. 741.311
78 after the court has issued a final order of protection.
79 Section 5. Paragraph (c) is added to subsection (10) of
80 section 825.1035, Florida Statutes, to read:
81 825.1035 Injunction for protection against exploitation of
82 a vulnerable adult.—
83 (10) TRANSMITTAL TO SHERIFF; SERVICE; HOPE CARD.—
84 (c) The petitioner may request a Hope Card under s. 741.311
85 after the court has issued a final order of protection.
86 Section 6. This act shall take effect October 1, 2024.
87
88 ================= T I T L E A M E N D M E N T ================
89 And the title is amended as follows:
90 Delete everything before the enacting clause
91 and insert:
92 A bill to be entitled
93 An act relating to Hope Cards for persons issued
94 orders of protection; creating s. 741.311, F.S.;
95 requiring the clerks of the circuit court, in
96 consultation with the Office of the Attorney General,
97 to develop and implement the Hope Card Program;
98 authorizing certain persons to request a Hope Card
99 after a specified date; specifying when and how a
100 person may request a Hope Card; requiring clerks’
101 offices to create a Hope Card and provide such card to
102 petitioners within a specified time frame; prohibiting
103 the assessment of a fee; providing requirements for
104 the Hope Card; providing criminal penalties for the
105 fraudulent use of a Hope Card; amending ss. 741.30,
106 784.046, 784.0485, and 825.1035, F.S.; conforming
107 provisions to changes made by the act; providing an
108 effective date.