Florida Senate - 2024                                      SB 86
       
       
        
       By Senator Book
       
       
       
       
       
       35-00360-24                                             202486__
    1                        A bill to be entitled                      
    2         An act relating to Hope Cards for persons issued
    3         orders of protection; creating s. 741.311, F.S.;
    4         requiring the Office of the State Courts
    5         Administrator, in consultation with others, to develop
    6         the Hope Card Program; requiring state courts to
    7         implement the program; authorizing the Office of the
    8         State Courts Administrator to adopt rules; authorizing
    9         certain persons to apply for a Hope Card after a
   10         specified date; requiring applications for a Hope Card
   11         to be available online and in clerks’ offices;
   12         requiring clerks’ offices to mail, by certified mail,
   13         a Hope Card to petitioners within a specified
   14         timeframe; prohibiting the assessment of a fee;
   15         providing requirements for the Hope Card; amending s.
   16         741.315, F.S.; authorizing a person protected by an
   17         injunction for protection issued by a court of a
   18         foreign state to apply for and receive a Hope Card
   19         even if the person does not register the order for
   20         protection in this state; amending ss. 741.30,
   21         784.046, 784.0485, and 825.1035, F.S.; conforming
   22         provisions to changes made by the act; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 741.311, Florida Statutes, is created to
   28  read:
   29         741.311Hope Card Program for persons issued orders of
   30  protection.—
   31         (1)The Office of the State Courts Administrator shall
   32  develop, and all district, county, and circuit courts shall
   33  implement, the Hope Card Program, which provides for the
   34  issuance of a Hope Card to any person who has been issued an
   35  order of protection by a district, county, or circuit court in
   36  this state, or by a court of a foreign state pursuant to s.
   37  741.315. The Office of the State Courts Administrator may
   38  consult with the Attorney General, the Secretary of State, and
   39  the clerks of court to develop and implement the program. The
   40  Office of the State Courts Administrator may adopt rules to
   41  implement this section.
   42         (2)Beginning July 1, 2024, a person who has been issued a
   43  final judgment on injunction for protection under s. 741.30, s.
   44  784.046, s. 784.0485, or s. 825.1035 may apply for a Hope Card
   45  with the clerk of the court of the circuit where the petition
   46  for an injunction for protection was initially filed. A person
   47  protected by a foreign protection order under s. 741.315 may
   48  submit an application for a Hope Card to any clerk of the court
   49  in this state. A person may apply for a Hope Card at the time
   50  the final judgment on injunction for protection is issued or at
   51  any other time before the expiration of the order of protection.
   52         (3)Hope Card applications must be available on the website
   53  of each clerk of the court and paper applications must also be
   54  available at the clerk’s office. After the court has issued an
   55  injunction for protection and within 24 hours after receipt of
   56  an application, the clerk of the court shall mail the Hope Card
   57  to the petitioner by certified mail.
   58         (4)The clerk of the court may not assess a fee for the
   59  issuance of a Hope Card.
   60         (5)A Hope Card issued under the program must be a durable,
   61  laminated, wallet-sized card containing all of the following
   62  information:
   63         (a)The respondent’s name, date of birth, height, weight,
   64  sex, race, eye color, hair color, and any other distinguishing
   65  features or characteristics of the respondent.
   66         (b)The petitioner’s name and date of birth and the names
   67  and dates of birth of any minor children protected under the
   68  order.
   69         (c)The name and date of birth, if applicable, of any other
   70  person or animal protected under the order.
   71         (d)Pertinent information about the order of protection,
   72  including, but not limited to, the issuing court; the case
   73  number; the date the order of protection was issued; the
   74  expiration date, if any, of the order of protection; the
   75  locations from which the respondent is restrained; and any other
   76  relevant details of the order.
   77         Section 2. Paragraph (d) is added to subsection (8) of
   78  section 741.30, Florida Statutes, to read:
   79         741.30 Domestic violence; injunction; powers and duties of
   80  court and clerk; petition; notice and hearing; temporary
   81  injunction; issuance of injunction; statewide verification
   82  system; enforcement; public records exemption.—
   83         (8)
   84         (d)If the petitioner applies for a Hope Card under s.
   85  741.311, after the court has issued a final order of protection,
   86  the clerk of the court must mail the Hope Card to the petitioner
   87  by certified mail within 24 hours after receipt of the
   88  petitioner’s application for the card.
   89         Section 3. Subsections (4), (5), and (6) of section
   90  741.315, Florida Statutes, are renumbered as subsections (5),
   91  (6), and (7), respectively, and a new subsection (4) is added to
   92  that section, to read:
   93         741.315 Recognition of foreign protection orders.—
   94         (4)A person protected by an injunction for protection
   95  issued by a court of a foreign state may apply for a Hope Card
   96  under s. 741.311, as if the order of protection was issued by a
   97  Florida court. Failure to register a foreign order does not
   98  preclude a protected person from applying and receiving a Hope
   99  Card.
  100         Section 4. Paragraph (d) is added to subsection (8) of
  101  section 784.046, Florida Statutes, to read:
  102         784.046 Action by victim of repeat violence, sexual
  103  violence, or dating violence for protective injunction; dating
  104  violence investigations, notice to victims, and reporting;
  105  pretrial release violations; public records exemption.—
  106         (8)
  107         (d)If the petitioner applies for a Hope Card under s.
  108  741.311, after the court has issued a final order of protection,
  109  the clerk of the court must mail the Hope Card to the petitioner
  110  by certified mail within 24 hours after receipt of the
  111  petitioner’s application for the card.
  112         Section 5. Paragraph (c) is added to subsection (8) of
  113  section 784.0485, Florida Statutes, to read:
  114         784.0485 Stalking; injunction; powers and duties of court
  115  and clerk; petition; notice and hearing; temporary injunction;
  116  issuance of injunction; statewide verification system;
  117  enforcement.—
  118         (8)
  119         (c)If the petitioner applies for a Hope Card under s.
  120  741.311, after the court has issued a final order of protection,
  121  the clerk of the court must mail the Hope Card to the petitioner
  122  by certified mail within 24 hours after receipt of the
  123  petitioner’s application for the card.
  124         Section 6. Paragraph (c) is added to subsection (10) of
  125  section 825.1035, Florida Statutes, to read:
  126         825.1035 Injunction for protection against exploitation of
  127  a vulnerable adult.—
  128         (10) TRANSMITTAL TO SHERIFF; SERVICE; HOPE CARD.—
  129         (c)If the petitioner applies for a Hope Card under s.
  130  741.311, after the court has issued a final order of protection,
  131  the clerk of the court must mail the Hope Card to the petitioner
  132  by certified mail within 24 hours after receipt of the
  133  petitioner’s application for the card.
  134         Section 7. This act shall take effect July 1, 2024.