Florida Senate - 2024                        CS for CS for SB 86
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       the Committee on Judiciary; and Senators Book, Polsky, and
       Yarborough
       
       
       
       604-03136-24                                            202486c2
    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 Florida Association of Court Clerks,
    5         Inc., to develop the Hope Card Program; authorizing
    6         the association to consult with specified entities to
    7         develop and implement the program; authorizing the
    8         association to seek federal grants and private
    9         donations to defray the cost of the program;
   10         authorizing certain persons to apply for a Hope Card
   11         after a specified date; requiring the association to
   12         develop a uniform application for use by the clerks of
   13         the circuit court; requiring that applications for a
   14         Hope Card be available online and in clerks’ offices;
   15         requiring the clerk of the circuit court, within a
   16         specified timeframe after receipt of an application,
   17         to either create the Hope Card or electronically
   18         transmit the application to the association for
   19         creation of the card; requiring that the delivery or
   20         mailing of the Hope Card be within a specified
   21         timeframe; prohibiting the assessment of a fee to a
   22         Hope Card applicant; providing requirements for the
   23         Hope Card; amending s. 741.315, F.S.; authorizing a
   24         person protected by an injunction for protection
   25         issued by a court of a foreign state to apply for and
   26         receive a Hope Card even if the person does not
   27         register the order for protection in this state;
   28         amending ss. 741.30, 784.046, 784.0485, and 825.1035,
   29         F.S.; conforming provisions to changes made by the
   30         act; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 741.311, Florida Statutes, is created to
   35  read:
   36         741.311Hope Card Program for persons issued orders of
   37  protection.—
   38         (1)The Florida Association of Court Clerks, Inc., shall
   39  develop the Hope Card Program, which provides for the issuance
   40  of a Hope Card to any person who has been issued an order of
   41  protection by a circuit court in this state, or by a court of a
   42  foreign state pursuant to s. 741.315. The Florida Association of
   43  Court Clerks, Inc., may consult with the Office of the State
   44  Courts Administrator, the Attorney General, the Department of
   45  Children and Families, and other interested agencies and private
   46  entities to develop and implement the program. The association
   47  may seek federal grants and private donations to defray the cost
   48  of the program.
   49         (2)Beginning July 1, 2024, a person who has been issued a
   50  final judgment on injunction for protection under s. 741.30, s.
   51  784.046, s. 784.0485, or s. 825.1035 may apply for a Hope Card
   52  with the clerk of the court of the circuit where the petition
   53  for an injunction for protection was initially filed. A person
   54  protected by a foreign protection order under s. 741.315 may
   55  submit an application for a Hope Card to any clerk of the court
   56  in this state. A person may apply for a Hope Card at the time
   57  the final judgment on injunction for protection is issued or at
   58  any other time before the expiration of the order of protection.
   59         (3)The Florida Association of Court Clerks, Inc., shall
   60  develop a uniform application for use by the clerks of the
   61  circuit court. Hope Card applications must be available on the
   62  website of each clerk of the circuit court, and paper
   63  applications must also be available at the clerk’s office.
   64         (4)Not later than the end of the next business day after
   65  receipt of an application, the clerk of the circuit court shall
   66  either create the Hope Card or electronically transmit the
   67  application to the Florida Association of Court Clerks, Inc.,
   68  for creation of the Hope Card. The Hope Card must be delivered
   69  to the petitioner or deposited in the mail not later than the
   70  end of the next business day after the card is created.
   71         (5)The Florida Association of Court Clerks, Inc., or a
   72  clerk of the circuit court, may not assess a fee to the
   73  applicant for the issuance of a Hope Card.
   74         (6)A Hope Card issued under the program may be digital or
   75  a durable, laminated card, 3.375 inches wide by 2.125 inches
   76  high, and must contain all of the following information:
   77         (a)The respondent’s name, date of birth, height, weight,
   78  sex, race, eye color, hair color, and any other distinguishing
   79  features or characteristics of the respondent.
   80         (b)The petitioner’s name and date of birth and the names
   81  and dates of birth of any minor children protected under the
   82  order.
   83         (c)The name and date of birth, if applicable, of any other
   84  person or animal protected under the order.
   85         (d)The telephone number for the statewide domestic
   86  violence hotline.
   87         (e)Pertinent information about the order of protection,
   88  including, but not limited to, the issuing court; the case
   89  number; the date the order of protection was issued; the
   90  expiration date, if any, of the order of protection; the
   91  locations from which the respondent is restrained; and any other
   92  relevant details of the order.
   93         Section 2. Present subsections (4), (5), and (6) of section
   94  741.315, Florida Statutes, are renumbered as subsections (5),
   95  (6), and (7), respectively, and a new subsection (4) is added to
   96  that section, to read:
   97         741.315 Recognition of foreign protection orders.—
   98         (4)A person protected by an injunction for protection
   99  issued by a court of a foreign state may apply for a Hope Card
  100  under s. 741.311, as if the order of protection was issued by a
  101  Florida court. Failure to register a foreign order does not
  102  preclude a protected person from applying and receiving a Hope
  103  Card.
  104         Section 3. Paragraph (d) is added to subsection (8) of
  105  section 741.30, Florida Statutes, to read:
  106         741.30 Domestic violence; injunction; powers and duties of
  107  court and clerk; petition; notice and hearing; temporary
  108  injunction; issuance of injunction; statewide verification
  109  system; enforcement; public records exemption.—
  110         (8)
  111         (d)The petitioner may apply for a Hope Card under s.
  112  741.311 after the court has issued a final order of protection.
  113         Section 4. Paragraph (d) is added to subsection (8) of
  114  section 784.046, Florida Statutes, to read:
  115         784.046 Action by victim of repeat violence, sexual
  116  violence, or dating violence for protective injunction; dating
  117  violence investigations, notice to victims, and reporting;
  118  pretrial release violations; public records exemption.—
  119         (8)
  120         (d)The petitioner may apply for a Hope Card under s.
  121  741.311 after the court has issued a final order of protection.
  122         Section 5. Paragraph (c) is added to subsection (8) of
  123  section 784.0485, Florida Statutes, to read:
  124         784.0485 Stalking; injunction; powers and duties of court
  125  and clerk; petition; notice and hearing; temporary injunction;
  126  issuance of injunction; statewide verification system;
  127  enforcement.—
  128         (8)
  129         (c)The petitioner may apply for a Hope Card under s.
  130  741.311 after the court has issued a final order of protection.
  131         Section 6. Paragraph (c) is added to subsection (10) of
  132  section 825.1035, Florida Statutes, to read:
  133         825.1035 Injunction for protection against exploitation of
  134  a vulnerable adult.—
  135         (10) TRANSMITTAL TO SHERIFF; SERVICE; HOPE CARD.—
  136         (c)The petitioner may apply for a Hope Card under s.
  137  741.311 after the court has issued a final order of protection.
  138         Section 7. This act shall take effect July 1, 2024.