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:
29 741.311 Hope 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.