Florida Senate - 2026 SB 682
By Senator Calatayud
38-00858-26 2026682__
1 A bill to be entitled
2 An act relating to violent criminal offenses;
3 providing a short title; amending s. 365.171, F.S.;
4 requiring the emergency communications state plan to
5 include a system or process to flag specified
6 addresses; requiring that such system correspond
7 between all emergency services; requiring that an
8 address remain flagged for a specified period of time;
9 providing that such period of time resets under
10 certain circumstances; requiring counties to integrate
11 such system or process in accordance with the county’s
12 resources and availability; amending s. 401.27, F.S.;
13 requiring the Department of Health to establish
14 certain training criteria by rule; requiring emergency
15 medical technicians and paramedics to complete
16 training in the subject of domestic violence, dating
17 violence, and strangulation for certification and
18 recertification; providing requirements for such
19 training; requiring emergency medical technicians and
20 paramedics who are trained outside this state or in
21 the military to provide proof of successful completion
22 of such training; amending s. 633.408, F.S.; requiring
23 the Division of State Fire Marshal within the
24 Department of Financial Services to establish certain
25 training courses by rule; requiring the division to
26 provide training on the subject of domestic violence,
27 dating violence, and strangulation for the
28 certification of career and volunteer firefighters;
29 providing requirements for such training; amending s.
30 741.28, F.S.; revising the definition of the term
31 “domestic violence”; defining the term “electronic
32 monitoring”; amending s. 741.281, F.S.; authorizing,
33 and in certain circumstances requiring, a court to
34 order electronic monitoring in domestic violence
35 cases; creating s. 741.282, F.S.; authorizing the
36 court or a state attorney to enter into a written
37 agreement with certain persons to participate in a
38 domestic violence diversion program; requiring the
39 Department of Corrections to supervise such diversion
40 programs; providing conditions a person must accept in
41 order to participate in a diversion program; providing
42 requirements for a person participating in a diversion
43 program; requiring a qualified professional to provide
44 a treatment plan under certain circumstances;
45 requiring a qualified professional to file with the
46 court weekly treatment progress reports based on a
47 specified determination; requiring a qualified
48 professional to make a specified certification to the
49 court; requiring the court to make certain written
50 findings; providing requirements for the court based
51 on whether a person successfully completes the
52 diversion program; amending s. 741.283, F.S.;
53 requiring the court to impose certain sentences if a
54 person does not participate in a domestic violence
55 diversion program; amending s. 741.29, F.S.; revising
56 the information a law enforcement officer must provide
57 to a victim of an alleged incident of domestic
58 violence; requiring, if a lethality assessment is
59 performed, a law enforcement officer to provide a
60 specified statement to a victim and the aggressor;
61 authorizing a law enforcement officer or designated
62 liaison to follow up with a victim within a specified
63 amount of time after a written police report is filed;
64 providing requirements for such follow up; requiring
65 law enforcement officers to have their body cameras
66 turned on and recording when investigating an
67 allegation of an incident of domestic violence;
68 amending s. 741.30, F.S.; revising the information
69 contained in a petition for injunction for protection
70 against domestic violence; revising the name of the
71 statewide verification system created within the
72 Department of Law Enforcement; amending s. 741.31,
73 F.S.; providing for enhanced penalties for a violation
74 of an injunction for protection against domestic
75 violence; authorizing, and in certain circumstances
76 requiring, a court to order electronic monitoring for
77 a specified duration in domestic violence cases;
78 requiring the respondent to pay for such electronic
79 monitoring services; amending s. 784.046, F.S.;
80 revising the information contained in a petition for
81 injunction for protection against repeat violence,
82 sexual violence, or dating violence; revising the
83 information a law enforcement officer must provide to
84 a victim of an alleged incident of dating violence;
85 requiring a law enforcement officer to administer a
86 lethality assessment in an alleged incident of dating
87 violence; requiring law enforcement officers to have
88 their body cameras turned on and recording when
89 investigating an allegation of an incident of dating
90 violence; amending s. 784.047, F.S.; providing for
91 enhanced penalties for a violation of an injunction
92 for protection against dating violence; authorizing,
93 and in certain circumstances requiring, a court to
94 order electronic monitoring for a specified duration
95 in dating violence cases; requiring the respondent to
96 pay for such electronic monitoring services; amending
97 s. 960.198, F.S.; increasing the dollar amounts for
98 relocation assistance for victims of domestic
99 violence; amending ss. 921.0024, 943.0584, and
100 943.171, F.S.; conforming cross-references; providing
101 an effective date.
102
103 Be It Enacted by the Legislature of the State of Florida:
104
105 Section 1. This act may be cited as the “Domestic Emergency
106 and Batterers Reform and Accountability Act.”
107 Section 2. Subsection (6) of section 365.171, Florida
108 Statutes, is amended, and paragraph (e) is added to subsection
109 (4) of that section, to read:
110 365.171 Emergency communications state plan.—
111 (4) STATE PLAN.—The office shall develop, maintain, and
112 implement appropriate modifications for a statewide emergency
113 communications plan. The plan shall provide for:
114 (e) A system or process to flag addresses at which a “911”
115 call was placed to local emergency services to report that an
116 incident of domestic violence or dating violence has occurred.
117 Such system must correspond between all emergency services,
118 including, but not limited to, law enforcement, firefighting,
119 emergency medical services, poison control, suicide prevention,
120 and emergency management services. An address must remain
121 flagged in the system for at least 1 year after the “911” call
122 was placed that initiated the flag. The 1-year time period
123 resets after each call relating to an allegation of an incident
124 of domestic violence or dating violence at the same address.
125
126 The office shall be responsible for the implementation and
127 coordination of such plan. The office shall adopt any necessary
128 rules and schedules related to public agencies for implementing
129 and coordinating the plan, pursuant to chapter 120.
130 (6) REGIONAL SYSTEMS.—This section does not prohibit or
131 discourage the formation of multijurisdictional or regional
132 systems; and any system established pursuant to this section may
133 include the jurisdiction, or any portion thereof, of more than
134 one public agency. It is the intent of the Legislature that
135 emergency communications services be available throughout the
136 state. Expenditure by counties of the fee authorized and imposed
137 under s. 365.172 should support this intent to the greatest
138 extent feasible within the context of local service needs and
139 fiscal capability. Each county shall integrate the system or
140 process created in paragraph (4)(e) based on the county’s
141 resources and availability. This section does not prohibit two
142 or more counties from establishing a combined emergency
143 communications service by an interlocal agreement and using the
144 fees authorized and imposed by s. 365.172 for such combined
145 service.
146 Section 3. Subsections (4), (5), and (11) of section
147 401.27, Florida Statutes, are amended, and paragraph (c) is
148 added to subsection (2) of that section, to read:
149 401.27 Personnel; standards and certification.—
150 (2) The department shall establish by rule educational and
151 training criteria and examinations for the certification and
152 recertification of emergency medical technicians and paramedics.
153 Such rules must require, but need not be limited to:
154 (c) For emergency medical technicians and paramedics, a
155 training program approved by the department for instruction in
156 the subject of domestic violence, dating violence, and
157 strangulation.
158 (4) An applicant for certification or recertification as an
159 emergency medical technician or paramedic must do all of the
160 following:
161 (a) Have completed an appropriate training program as
162 follows:
163 1. For an emergency medical technician, an emergency
164 medical technician training program approved by the department
165 as equivalent to the most recent EMT-Basic National Standard
166 Curriculum or the National EMS Education Standards of the United
167 States Department of Transportation; or
168 2. For a paramedic, a paramedic training program approved
169 by the department as equivalent to the most recent EMT-Paramedic
170 National Standard Curriculum or the National EMS Education
171 Standards of the United States Department of Transportation.;
172 (b) Have completed a training program approved by the
173 department for instruction in the subject of domestic violence,
174 dating violence, and strangulation.
175 1. Beginning July 1, 2026, emergency medical technicians
176 and paramedics seeking initial certification must complete a
177 minimum of 2 hours of training in handling domestic violence,
178 dating violence, and strangulation cases.
179 2. Emergency medical technicians and paramedics who were
180 certified before July 1, 2026, must complete a minimum of 2
181 hours of training in handling domestic violence, dating
182 violence, and strangulation cases during the refresher training
183 program required under subsection (5).
184 (c)(b) Attest that he or she is not addicted to alcohol or
185 any controlled substance.;
186 (d)(c) Attest that he or she is free from any physical or
187 mental defect or disease that might impair the applicant’s
188 ability to perform his or her duties.;
189 (e)(d) Within 2 years after program completion have passed
190 an examination developed or required by the department.;
191 (f)1.(e)1. For an emergency medical technician, hold a
192 current American Heart Association cardiopulmonary resuscitation
193 course card or an American Red Cross cardiopulmonary
194 resuscitation course card or its equivalent as defined by
195 department rule; or
196 2. For a paramedic, hold a certificate of successful course
197 completion in advanced cardiac life support from the American
198 Heart Association or its equivalent as defined by department
199 rule.;
200 (g)(f) Submit the certification fee and the nonrefundable
201 examination fee prescribed in s. 401.34, which examination fee
202 will be required for each examination administered to an
203 applicant.; and
204 (h)(g) Submit a completed application to the department,
205 which application documents compliance with paragraphs (a)-(d),
206 (b), (c), (e), (f), (g), and this paragraph, and, if applicable,
207 paragraph (e) (d).
208 (5)(a) The department shall establish by rule a procedure
209 for biennial renewal certification of emergency medical
210 technicians. Such rules must require a United States Department
211 of Transportation refresher training program of at least 30
212 hours and a 2-hour training program for instruction in the
213 subject of domestic violence, dating violence, and strangulation
214 as approved by the department every 2 years. The refresher
215 program may be offered in multiple presentations spread over the
216 2-year period. The rules must also provide that the refresher
217 course requirement may be satisfied by passing a challenge
218 examination.
219 (b) The department shall establish by rule a procedure for
220 biennial renewal certification of paramedics. Such rules must
221 require candidates for renewal to have taken at least 30 hours
222 of continuing education units and a 2-hour training program for
223 instruction in the subject of domestic violence, dating
224 violence, and strangulation during the 2-year period. The rules
225 must provide that the continuing education requirement may be
226 satisfied by passing a challenge examination.
227 (11) An applicant for certification as an emergency medical
228 technician or a paramedic who is trained outside the state, or
229 trained in the military, must provide proof of a current,
230 nationally recognized emergency medical technician or paramedic
231 certification or registration that is recognized by the
232 department and based upon successful completion of a training
233 program approved by the department as being equivalent to the
234 most recent EMT-Basic or EMT-Paramedic National Standard
235 Curriculum or the National EMS Education Standards of the United
236 States Department of Transportation and hold a current
237 certificate of successful course completion in cardiopulmonary
238 resuscitation (CPR) or advanced cardiac life support for
239 emergency medical technicians or paramedics, respectively, to be
240 eligible for the certification. An applicant for certification
241 as an emergency medical technician or a paramedic who is trained
242 outside this state, or trained in the military, must provide
243 proof of successful completion of a training program that
244 included instruction on the subject of domestic violence, dating
245 violence, and strangulation as required under paragraph (4)(b).
246 Section 4. Present subsection (9) of section 633.408,
247 Florida Statutes, is redesignated as subsection (10), paragraph
248 (e) is added to subsection (1) of that section, and a new
249 subsection (9) is added to that section, to read:
250 633.408 Firefighter and volunteer firefighter training and
251 certification.—
252 (1) The division shall establish by rule:
253 (e) Courses to provide training for career and volunteer
254 firefighters on the subject of domestic violence, dating
255 violence, and strangulation. Such training must be a requirement
256 for obtaining a Firefighter Certificate of Compliance, a
257 Volunteer Firefighter Certificate of Completion, or a Special
258 Certificate of Compliance.
259 (9) The division shall establish a program to provide
260 training in the subject of domestic violence, dating violence,
261 and strangulation for career and volunteer firefighters.
262 (a) Beginning July 1, 2026, career and volunteer
263 firefighters seeking initial certification must complete a
264 minimum of 2 hours of training in handling domestic violence,
265 dating violence, and strangulation cases.
266 (b) Career and volunteer firefighters certified before July
267 1, 2026, must complete a minimum of 2 hours of training in
268 handling domestic violence, dating violence, and strangulation
269 cases during the continuing training required under paragraph
270 (1)(c).
271 Section 5. Present subsections (3) and (4) of section
272 741.28, Florida Statutes, are redesignated as subsections (4)
273 and (5), respectively, a new subsection (3) is added to that
274 section, and subsection (2) of that section is amended, to read:
275 741.28 Domestic violence; definitions.—As used in ss.
276 741.28-741.31:
277 (2) “Domestic violence” means any assault, aggravated
278 assault, battery, aggravated battery, sexual assault, sexual
279 battery, stalking, aggravated stalking, kidnapping, false
280 imprisonment, or any criminal offense resulting in physical
281 injury or death of one family or household member by another
282 family or household member. The term includes, but is not
283 limited to, the following criminal offenses:
284 (a) Assault.
285 (b) Aggravated assault.
286 (c) Battery.
287 (d) Aggravated battery.
288 (e) Battery by strangulation.
289 (f) Domestic battery by strangulation.
290 (g) Sexual assault.
291 (h) Sexual battery.
292 (i) Stalking.
293 (j) Aggravated stalking.
294 (k) Child abuse.
295 (l) Aggravated child abuse.
296 (m) Kidnapping.
297 (n) False imprisonment.
298 (o) Violation of an injunction for protection against
299 domestic violence, repeat violence, dating violence, sexual
300 violence, or stalking.
301 (p) Criminal mischief.
302 (q) Installation or use of tracking devices or tracking
303 applications.
304 (r) Sexual cyberharassment.
305 (s) Cyberstalking.
306 (t) Offenses against users of computers, computer systems,
307 computer networks, and electronic devices.
308 (u) Cruelty to animals.
309 (3) “Electronic monitoring” means tracking the location of
310 a person through the use of technology that is capable of
311 determining or identifying the monitored person’s presence or
312 absence at a particular location, including, but not limited to:
313 (a) Radio frequency signaling technology, which detects
314 whether the monitored person is or is not at an approved
315 location and notifies the monitoring agency of the time that the
316 monitored person either leaves the approved location or tampers
317 with or removes the monitoring device; or
318 (b) Active or passive global positioning system technology,
319 which detects the location of the monitored person and notifies
320 the monitoring agency of the monitored person’s location and
321 which may also include electronic monitoring with victim
322 notification technology that is capable of notifying a victim or
323 protected party, either directly or through a monitoring agency,
324 if the monitored person enters within the restricted distance of
325 a victim or protected party or within the restricted distance of
326 a designated location.
327 Section 6. Section 741.281, Florida Statutes, is amended to
328 read:
329 741.281 Court to order batterers’ intervention program
330 attendance; electronic monitoring.—
331 (1) If a person is found guilty of, has adjudication
332 withheld on, or pleads nolo contendere to a crime of domestic
333 violence, as defined in s. 741.28, that person shall be ordered
334 by the court to a minimum term of 1 year’s probation and the
335 court shall order that the defendant attend and complete a
336 batterers’ intervention program as a condition of probation. The
337 court must impose the condition of the batterers’ intervention
338 program for a defendant under this section, but the court, in
339 its discretion, may determine not to impose the condition if it
340 states on the record why a batterers’ intervention program might
341 be inappropriate. The court must impose the condition of the
342 batterers’ intervention program for a defendant placed on
343 probation unless the court determines that the person does not
344 qualify for the batterers’ intervention program pursuant to s.
345 741.325. The imposition of probation under this section does not
346 preclude the court from imposing any sentence of imprisonment
347 authorized by s. 775.082.
348 (2) If a person is found guilty of, has adjudication
349 withheld on, or pleads nolo contendere to a crime of domestic
350 violence, the court may order the person to have electronic
351 monitoring supervision. The court must order electronic
352 monitoring supervision in the following situations:
353 (a) The court finds there is clear and convincing evidence
354 that the defendant poses a continuing threat to the victim;
355 (b) The defendant has previously violated an injunction for
356 protection against domestic violence, dating violence, repeat
357 violence, sexual violence, or stalking; or
358 (c) During a lethality assessment, if performed, there is
359 evidence of strangulation or other indications that warrant a
360 higher level of concern for the well-being of the petitioner.
361 Section 7. Section 741.282, Florida Statutes, is created to
362 read:
363 741.282 Domestic violence diversion program.—
364 (1) If a diversion program is available and a person meets
365 the eligibility criteria, the court or state attorney may enter
366 into a written agreement with the person to participate in a
367 domestic violence diversion program. The Department of
368 Corrections shall supervise the domestic violence diversion
369 programs.
370 (2) A person is eligible to participate in a domestic
371 violence diversion program if the person is charged with the
372 commission of a misdemeanor of domestic violence under s. 741.31
373 and the person is a first-time domestic violence offender.
374 (3) The written diversion agreement must include all of the
375 following conditions, which must be accepted by the person:
376 (a) The person admits his or her guilt.
377 (b) The person agrees to attend and participate in a
378 domestic violence diversion program.
379 (c) The person knowingly signs a waiver of his or her right
380 to a speedy trial for the period of his or her diversion.
381 (4) A person who participates in a domestic violence
382 diversion program must:
383 (a) Appear before the court within 45 days after entering
384 the domestic violence diversion program to determine the
385 person’s compliance with the conditions and requirements of the
386 written diversion agreement. The court may set additional status
387 hearings to monitor the person’s progress in the diversion
388 program.
389 (b) Complete the domestic violence diversion program within
390 1 year after the person enters the diversion program.
391 (c) Complete a batterers’ intervention program within 9
392 months after the person enters the diversion program.
393 (d) Participate in a clinical assessment conducted by a
394 qualified professional as defined in s. 39.01 to determine if
395 the person has mental health or substance use issues.
396 (5) If a qualified professional determines, after the
397 clinical assessment required under paragraph (4)(d), that the
398 person has mental health or substance use issues, the qualified
399 professional must provide a treatment plan for the person. A
400 qualified professional who provides a treatment plan for a
401 person in the diversion program must provide to the court weekly
402 treatment progress reports.
403 (6) At the end of the domestic violence diversion program,
404 the qualified professional must certify to the court that the
405 person has complied with all requirements of the treatment plan.
406 The court shall consider the recommendation of the state
407 attorney as to the disposition of the pending charges and
408 determine, by written finding, whether the person successfully
409 completed the domestic violence diversion program. The court
410 shall dismiss the charges upon finding the person has
411 successfully completed the diversion program. If the court finds
412 that the person has not successfully completed the diversion
413 program, the court must return the charges to the criminal
414 docket for prosecution.
415 Section 8. Subsection (1) of section 741.283, Florida
416 Statutes, is amended to read:
417 741.283 Minimum term of imprisonment for domestic
418 violence.—
419 (1)(a) Except as provided in paragraph (b) or s. 741.282,
420 if a person is adjudicated guilty of a crime of domestic
421 violence, as defined in s. 741.28, and the person has
422 intentionally caused bodily harm to another person, the court
423 shall order the person to serve a minimum of 10 days in the
424 county jail for a first offense, 15 days for a second offense,
425 and 20 days for a third or subsequent offense as part of the
426 sentence imposed, unless the court sentences the person to a
427 nonsuspended period of incarceration in a state correctional
428 facility.
429 (b) Except as provided in s. 741.282, if a person is
430 adjudicated guilty of a crime of domestic violence, as defined
431 in s. 741.28, and the person has intentionally caused bodily
432 harm to another person, and the crime of domestic violence takes
433 place in the presence of a child under 16 years of age who is a
434 family or household member, as defined in s. 741.28, of the
435 victim or the perpetrator, the court shall order the person to
436 serve a minimum of 15 days in the county jail for a first
437 offense, 20 days for a second offense, and 30 days for a third
438 or subsequent offense as part of the sentence imposed, unless
439 the court sentences the person to a nonsuspended period of
440 incarceration in a state correctional facility.
441 Section 9. Present paragraph (i) of subsection (2) of
442 section 741.29, Florida Statutes, is redesignated as paragraph
443 (j), a new paragraph (i) is added to that subsection, and
444 subsections (1) and (3) of that section are amended, to read:
445 741.29 Domestic violence; investigation of incidents;
446 notice to victims of legal rights and remedies; reporting.—
447 (1) Any law enforcement officer who investigates an alleged
448 incident of domestic violence shall do all of the following:
449 (a) Stress the importance of seeking medical treatment and
450 assist the victim to obtain medical treatment if such is
451 required as a result of the alleged incident to which the
452 officer responds.;
453 (b) Advise the victim of such violence that there is a
454 domestic violence center from which the victim may receive
455 services.;
456 (c) Administer a lethality assessment consistent with the
457 requirements established in subsection (2) if the allegation of
458 domestic violence is against an intimate partner, regardless of
459 whether an arrest is made.; and
460 (d) Give the victim immediate notice of the legal rights
461 and remedies available on a standard form developed and
462 distributed by the department. As necessary, the department
463 shall revise the Legal Rights and Remedies Notice to Victims to
464 include a general summary of s. 741.30 using simple English as
465 well as Spanish, and shall distribute the notice as a model form
466 to be used by all law enforcement agencies throughout this
467 state. The notice must include all of the following:
468 1. The resource listing, including telephone number, for
469 the area domestic violence center designated by the Department
470 of Children and Families.
471 2. Information on text-to-911 services and whether text-to
472 911 services are available in the victim’s jurisdiction.; and
473 3.2. A copy of the following statement:
474
475 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may
476 ask the state attorney to file a criminal complaint.
477 You also have the right to go to court and file a
478 petition requesting an injunction for protection from
479 domestic violence which may include, but need not be
480 limited to, provisions which restrain the abuser from
481 further acts of abuse; direct the abuser to leave your
482 household; prevent the abuser from entering your
483 residence, school, business, or place of employment;
484 award you custody of your minor child or children; and
485 direct the abuser to pay support to you and the minor
486 children if the abuser has a legal obligation to do
487 so.
488
489 (e) Give the victim a pamphlet developed and distributed by
490 the department which describes the short-term and long-term
491 effects of strangulation and the importance of seeking medical
492 treatment if the victim was strangled.
493 (2) The department shall consult with the Department of
494 Children and Families, the Florida Sheriffs Association, the
495 Florida Police Chiefs Association, the Florida Partnership to
496 End Domestic Violence, and at least two domestic violence
497 advocacy organizations to develop the policies, procedures, and
498 training necessary for implementation of a statewide evidence
499 based lethality assessment. Such policies, procedures, and
500 training must establish how to determine whether a victim and
501 aggressor are intimate partners and establish a statewide
502 process for referring a victim to a certified domestic violence
503 center. The group must review the questions in paragraph (e) and
504 make a recommendation as to whether all questions should be
505 included in the statewide lethality assessment instrument and
506 form. By January 1, 2025, the department must adopt a statewide
507 lethality assessment instrument and form. If a question in
508 paragraph (e) is eliminated from the assessment, the department
509 must confirm that the remaining or altered questions constitute
510 an evidence-based lethality assessment. By January 31, 2025, the
511 department shall report to the President of the Senate and the
512 Speaker of the House of Representatives the results and
513 recommendations of the group, including any proposed statutory
514 changes that are necessary for implementation of a statewide
515 lethality assessment. Training on how to administer a lethality
516 assessment and the approved lethality assessment form must be
517 accessible to a law enforcement officer in an online format.
518 (i)1. If a lethality assessment is administered, the law
519 enforcement officer must provide to both the victim and
520 aggressor a copy of the following statement:
521
522 Section 741.29, Florida Statutes, authorizes a law
523 enforcement officer or a designated representative of
524 the Department of Law Enforcement to follow up with an
525 alleged victim after a written police report based on
526 the investigation of an allegation that an incident of
527 domestic violence occurred is filed. A law enforcement
528 officer or designated representative may follow up
529 randomly in person or by telephone.
530
531 2. If the aggressor is not present at the time of the
532 lethality assessment or the law enforcement officer is otherwise
533 unable to provide a copy of the written statement required under
534 subparagraph 1. to the aggressor, the law enforcement officer
535 must leave a copy of the written statement at the home address
536 of the aggressor.
537 3. If a lethality assessment is administered, a law
538 enforcement officer, or a designated liaison within the
539 department, may follow up with the victim within 24 hours after
540 the written police report required under subsection (3) is
541 filed. The officer or liaison may follow up in person or by
542 telephone. If the officer or liaison follows up by telephone, he
543 or she must call the victim at least three times to satisfy the
544 requirement of this paragraph. The officer or liaison may not
545 leave a voicemail if the call goes unanswered. If the officer or
546 liaison does not reach the victim after three attempts, the
547 officer or liaison may conduct an in-person wellness check on
548 the victim.
549 (3) When a law enforcement officer investigates an
550 allegation that an incident of domestic violence has occurred,
551 the officer shall handle the incident pursuant to the arrest
552 policy provided in s. 901.15(7), and as developed in accordance
553 with subsections (4)-(6). If a law enforcement officer is
554 wearing a body camera, as defined in s. 943.1718(1), the officer
555 must have the camera turned on and recording when investigating
556 an allegation that an incident of domestic violence has
557 occurred. Regardless of whether an arrest is made, the officer
558 shall make a written police report that is complete and clearly
559 indicates the alleged offense was an incident of domestic
560 violence. Such report must be given to the officer’s supervisor
561 and filed with the law enforcement agency in a manner that will
562 permit data on domestic violence cases to be compiled. Such
563 report must include all of the following:
564 (a) A description of physical injuries observed, if any.
565 (b) If a law enforcement officer decides not to make an
566 arrest or decides to arrest two or more parties, the grounds for
567 not arresting anyone or for arresting two or more parties.
568 (c) A statement that which indicates that a copy of the
569 legal rights and remedies notice was given to the victim.
570 (d) A notation of the score of a lethality assessment, if
571 one was administered pursuant to paragraph (1)(c).
572
573 Whenever possible, the law enforcement officer shall obtain a
574 written statement from the victim and witnesses concerning the
575 alleged domestic violence. The officer shall submit the report
576 to the supervisor or other person to whom the employer’s rules
577 or policies require reports of similar allegations of criminal
578 activity to be made. The law enforcement agency shall, without
579 charge, send a copy of the initial police report, as well as any
580 subsequent, supplemental, or related report, which excludes
581 victim/witness statements or other materials that are part of an
582 active criminal investigation and are exempt from disclosure
583 under chapter 119, to the nearest locally certified domestic
584 violence center within 24 hours after the agency’s receipt of
585 the report. The report furnished to the domestic violence center
586 must include a narrative description of the domestic violence
587 incident.
588 Section 10. Paragraph (b) of subsection (3), paragraph (b)
589 of subsection (6), and paragraph (b) of subsection (8) of
590 section 741.30, Florida Statutes, are amended to read:
591 741.30 Domestic violence; injunction; powers and duties of
592 court and clerk; petition; notice and hearing; temporary
593 injunction; issuance of injunction; statewide verification
594 system; enforcement; public records exemption.—
595 (3)
596 (b) The verified petition shall be in substantially the
597 following form:
598 PETITION FOR
599 INJUNCTION FOR PROTECTION
600 AGAINST DOMESTIC VIOLENCE
601 The undersigned petitioner ...(name)... declares under penalties
602 of perjury that the following statements are true:
603 1.(a) Petitioner resides at: ...(address)...
604 (Petitioner may furnish address to the court in a separate
605 confidential filing if, for safety reasons, the petitioner
606 requires the location of the current residence to be
607 confidential.)
608 2.(b) Respondent resides at: ...(last known address)...
609 3.(c) Respondent’s last known place of employment: ...(name
610 of business and address)...
611 4.(d) Physical description of respondent:
612 Race........
613 Sex........
614 Date of birth........
615 Height........
616 Weight........
617 Eye color........
618 Hair color........
619 Distinguishing marks or scars........
620 5.(e) Aliases of respondent:
621 6.(f) Respondent is the spouse or former spouse of the
622 petitioner or is any other person related by blood or marriage
623 to the petitioner or is any other person who is or was residing
624 within a single dwelling unit with the petitioner, as if a
625 family, or is a person with whom the petitioner has a child in
626 common, regardless of whether the petitioner and respondent are
627 or were married or residing together, as if a family.
628 7.(g) The following describes any other cause of action
629 currently pending between the petitioner and respondent:
630
631 The petitioner should also describe any previous or pending
632 attempts by the petitioner to obtain an injunction for
633 protection against domestic violence in this or any other
634 circuit, and the results of that attempt:
635
636 Case numbers should be included if available.
637 8.(h) Petitioner is either a victim of domestic violence or
638 has reasonable cause to believe he or she is in imminent danger
639 of becoming a victim of domestic violence because respondent
640 has: ...(mark all sections that apply and describe in the spaces
641 below the incidents of violence or threats of violence,
642 specifying when and where they occurred, including, but not
643 limited to, locations such as a home, school, place of
644 employment, or visitation exchange)...
645 .........................................................
646 .........................................................
647 ....committed or threatened to commit domestic violence
648 defined in s. 741.28, Florida Statutes, as any assault,
649 aggravated assault, battery, aggravated battery, sexual assault,
650 sexual battery, stalking, aggravated stalking, kidnapping, false
651 imprisonment, or any criminal offense resulting in physical
652 injury or death of one family or household member by another.
653 With the exception of persons who are parents of a child in
654 common, the family or household members must be currently
655 residing or have in the past resided together in the same single
656 dwelling unit. Refer to s. 741.28, Florida Statutes, to view the
657 enumerated criminal offenses that may constitute domestic
658 violence.
659 ....previously threatened, harassed, stalked, or physically
660 abused the petitioner.
661 ....attempted to harm the petitioner or family members or
662 individuals closely associated with the petitioner.
663 ....threatened to conceal, kidnap, or harm the petitioner’s
664 child or children.
665 ....intentionally injured or killed a family pet or used
666 the family pet as a means of coercive control. A family pet
667 includes a service animal as defined in s. 413.08(1), Florida
668 Statutes, and an emotional support animal as defined in s.
669 760.27(1), Florida Statutes.
670 ....used, or has threatened to use, against the petitioner
671 any weapons such as guns or knives.
672 ....physically restrained the petitioner from leaving the
673 home or calling law enforcement.
674 ....a criminal history involving violence or the threat of
675 violence (if known).
676 ....another order of protection issued against him or her
677 previously or from another jurisdiction (if known).
678 ....destroyed personal property, including, but not limited
679 to, telephones or other communication equipment, clothing, or
680 other items belonging to the petitioner.
681 ....engaged in a pattern of abusive, threatening,
682 intimidating, or controlling behavior composed of a series of
683 acts over a period of time, however short.
684 ....engaged in any other behavior or conduct that leads the
685 petitioner to have reasonable cause to believe he or she is in
686 imminent danger of becoming a victim of domestic violence.
687 9.(i) Petitioner alleges the following additional specific
688 facts: ...(mark appropriate sections)...
689 ....A minor child or minor children reside with the
690 petitioner whose names and ages are as follows:
691
692 ....Petitioner needs the exclusive use and possession of
693 the dwelling that the parties share.
694 ....Petitioner is unable to obtain safe alternative housing
695 because:
696
697 ....Petitioner genuinely fears that respondent imminently
698 will abuse, remove, or hide the minor child or children from
699 petitioner because:
700
701 10.(j) Petitioner genuinely fears imminent domestic
702 violence by respondent.
703 11.(k) Petitioner seeks an injunction: ...(mark appropriate
704 section or sections)...
705 ....Immediately restraining the respondent from committing
706 any acts of domestic violence.
707 ....Restraining the respondent from committing any acts of
708 domestic violence.
709 ....Awarding to the petitioner the temporary exclusive use
710 and possession of the dwelling that the parties share or
711 excluding the respondent from the residence of the petitioner.
712 ....Providing a temporary parenting plan, including a
713 temporary time-sharing schedule, with regard to the minor child
714 or children of the parties which might involve prohibiting or
715 limiting time-sharing or requiring that it be supervised by a
716 third party.
717 ....Designating that the exchange of the minor child or
718 children of the parties must occur at a neutral safe exchange
719 location as provided in s. 125.01(8) or a location authorized by
720 a supervised visitation program as defined in s. 753.01 if
721 temporary time-sharing of the child is awarded to the
722 respondent.
723 ....Establishing temporary support for the minor child or
724 children or the petitioner.
725 ....Directing the respondent to participate in a batterers’
726 intervention program.
727 ....Providing any terms the court deems necessary for the
728 protection of a victim of domestic violence, or any minor
729 children of the victim, including any injunctions or directives
730 to law enforcement agencies.
731 (6)
732 (b) In determining whether a petitioner has reasonable
733 cause to believe he or she is in imminent danger of becoming a
734 victim of domestic violence, the court shall consider and
735 evaluate all relevant factors alleged in the petition,
736 including, but not limited to:
737 1. The history between the petitioner and the respondent,
738 including threats, harassment, stalking, and physical abuse.
739 2. Whether the respondent has attempted to harm the
740 petitioner or family members or individuals closely associated
741 with the petitioner.
742 3. Whether the respondent has threatened to conceal,
743 kidnap, or harm the petitioner’s child or children.
744 4. Whether the respondent has intentionally injured or
745 killed a family pet or used the family pet as a means of
746 coercive control. A family pet includes a service animal as
747 defined in s. 413.08(1) and an emotional support animal as
748 defined in s. 760.27(1).
749 5. Whether the respondent has used, or has threatened to
750 use, against the petitioner any weapons such as guns or knives.
751 6. Whether the respondent has physically restrained the
752 petitioner from leaving the home or calling law enforcement.
753 7. Whether the respondent has a criminal history involving
754 violence or the threat of violence.
755 8. The existence of a verifiable order of protection issued
756 previously or from another jurisdiction.
757 9. Whether the respondent has destroyed personal property,
758 including, but not limited to, telephones or other
759 communications equipment, clothing, or other items belonging to
760 the petitioner.
761 10. Whether the respondent has or had engaged in a pattern
762 of abusive, threatening, intimidating, or controlling behavior
763 composed of a series of acts over a period of time, however
764 short, which evidences a continuity of purpose and which
765 reasonably causes the petitioner to believe that the petitioner
766 or his or her minor child or children are in imminent danger of
767 becoming victims of any act of domestic violence.
768 11. Whether the respondent engaged in any other behavior or
769 conduct that leads the petitioner to have reasonable cause to
770 believe that he or she is in imminent danger of becoming a
771 victim of domestic violence.
772
773 In making its determination under this paragraph, the court is
774 not limited to those factors enumerated in subparagraphs 1.-11.
775 (8)
776 (b) A Domestic, Dating, Sexual, and Repeat Violence
777 Injunction Statewide Verification System is created within the
778 Department of Law Enforcement. The department shall establish,
779 implement, and maintain a statewide communication system capable
780 of electronically transmitting information to and between
781 criminal justice agencies relating to domestic violence
782 injunctions, dating violence injunctions, sexual violence
783 injunctions, and repeat violence injunctions issued by the
784 courts throughout the state. Such information must include, but
785 is not limited to, information as to the existence and status of
786 any injunction for verification purposes.
787 Section 11. Present subsection (6) of section 741.31,
788 Florida Statutes, is redesignated as subsection (7) and amended,
789 paragraph (d) is added to subsection (4) of that section, a new
790 subsection (6) is added to that section, and paragraph (c) of
791 subsection (4) and subsection (5) of that section are amended,
792 to read:
793 741.31 Violation of an injunction for protection against
794 domestic violence.—
795 (4)
796 (c) A person who has a two or more prior conviction
797 convictions for a violation of an injunction or a foreign
798 protection order, and who subsequently commits another a
799 violation of any injunction or foreign protection order,
800 regardless of whether the violation is against the same victim,
801 commits a felony of the third degree, punishable as provided in
802 s. 775.082, s. 775.083 or s. 775.084. For purposes of this
803 paragraph, the term “conviction” means a determination of guilt
804 which is the result of a plea or a trial, regardless of whether
805 adjudication is withheld or a plea of nolo contendere is
806 entered.
807 (d)1. The penalty for a felony or misdemeanor committed
808 under this section may be enhanced as follows:
809 a. A misdemeanor of the second degree may be punished as if
810 it were a misdemeanor of the first degree.
811 b. A misdemeanor of the first degree may be punished as if
812 it were a felony of the third degree.
813 c. A felony of the third degree may be punished as if it
814 were a felony of the second degree.
815 d. A felony of the second degree may be punished as if it
816 were a felony of the first degree.
817 e. A felony of the first degree may be punished as if it
818 were a life felony.
819 2. In addition to the enhancements under subparagraph 1.,
820 the penalty for a felony or misdemeanor committed under this
821 section during an emergency, as defined in s. 252.34(4), for
822 which a state of emergency is declared under s. 252.36 may be
823 enhanced if the offense occurred within the locale of the state
824 of emergency.
825 (5) Regardless of whether or not there is a criminal
826 prosecution under subsection (4), the court:
827 (a) Shall order the respondent to attend a batterers’
828 intervention program if it finds a willful violation of a
829 domestic violence injunction, unless the court makes written
830 factual findings in its judgment or order which are based on
831 substantial evidence, stating why a batterers’ intervention
832 program would be inappropriate.
833 (b) May order the respondent to electronic monitoring
834 supervision for the duration of the injunction for protection.
835 If electronic monitoring is ordered, the court must establish
836 exclusion zones and include safety planning and informed consent
837 for the petitioner. The respondent is responsible for paying for
838 the electronic monitoring services as provided in s. 948.09(2).
839 (6) The court shall order the respondent to electronic
840 monitoring supervision in any situation under s. 741.281(2).
841 (7)(6) Any person who suffers an injury and/or loss as a
842 result of a violation of an injunction for protection against
843 domestic violence may be awarded economic damages for that
844 injury and/or loss by the court issuing the injunction. Damages
845 includes costs and attorney attorneys’ fees for enforcement of
846 the injunction.
847 Section 12. Paragraph (b) of subsection (4) and subsections
848 (11) and (12) of section 784.046, Florida Statutes, are amended
849 to read:
850 784.046 Action by victim of repeat violence, sexual
851 violence, or dating violence for protective injunction; dating
852 violence investigations, notice to victims, and reporting;
853 pretrial release violations; public records exemption.—
854 (4)
855 (b) The verified petition must be in substantially the
856 following form:
857
858 PETITION FOR INJUNCTION FOR PROTECTION
859 AGAINST REPEAT VIOLENCE, SEXUAL
860 VIOLENCE, OR DATING VIOLENCE
861
862 The undersigned petitioner ...(name)... declares under
863 penalties of perjury that the following statements are true:
864
865 1. Petitioner resides at ...(address)... (A petitioner for
866 an injunction for protection against sexual violence may furnish
867 an address to the court in a separate confidential filing if,
868 for safety reasons, the petitioner requires the location of his
869 or her current residence to be confidential pursuant to s.
870 119.071(2)(j), Florida Statutes.)
871 2. Respondent resides at ...(address)....
872 3.a. Petitioner has suffered repeat violence as
873 demonstrated by the fact that the respondent has: ...(enumerate
874 incidents of violence)...
875
876
877
878
879
880 b. Petitioner has suffered sexual violence as demonstrated
881 by the fact that the respondent has: ...(enumerate incident of
882 violence and include incident report number from law enforcement
883 agency or attach notice of inmate release)...
884
885
886
887
888
889 c. Petitioner is a victim of dating violence and has
890 reasonable cause to believe that he or she is in imminent danger
891 of becoming the victim of another act of dating violence or has
892 reasonable cause to believe that he or she is in imminent danger
893 of becoming a victim of dating violence, as demonstrated by the
894 fact that the respondent has: ...(list the specific incident or
895 incidents of violence and describe the length of time of the
896 relationship, whether it has been in existence during the last 6
897 months, the nature of the relationship of a romantic or intimate
898 nature, the frequency and type of interaction, and any other
899 facts that characterize the relationship)...
900
901
902
903
904
905 4. Has respondent engaged in a pattern of abusive,
906 threatening, intimidating, or controlling behavior composed of a
907 series of acts over a period of time, however short?... (if the
908 answer is yes, list the specific incident or incidents) ...
909 .........................................................
910 .........................................................
911 5.4. Petitioner genuinely fears repeat violence by the
912 respondent.
913 6.5. Petitioner seeks: an immediate injunction against the
914 respondent, enjoining him or her from committing any further
915 acts of violence; an injunction enjoining the respondent from
916 committing any further acts of violence; and an injunction
917 providing any terms the court deems necessary for the protection
918 of the petitioner and the petitioner’s immediate family,
919 including any injunctions or directives to law enforcement
920 agencies.
921 (11) Any law enforcement officer who investigates an
922 alleged incident of dating violence shall do all of the
923 following:
924 (a) Stress the importance of seeking medical treatment and
925 assist the victim to obtain medical treatment if such is
926 required as a result of the alleged incident to which the
927 officer responds.
928 (b) Any law enforcement officer who investigates an alleged
929 incident of dating violence shall Advise the victim of such
930 violence that there is a domestic violence center from which the
931 victim may receive services.
932 (c) The law enforcement officer shall Give the victim
933 immediate notice of the legal rights and remedies available on a
934 standard form developed and distributed by the Department of Law
935 Enforcement. As necessary, the Department of Law Enforcement
936 shall revise the Legal Rights and Remedies Notice to Victims to
937 include a general summary of this section, using simple English
938 as well as Spanish, and shall distribute the notice as a model
939 form to be used by all law enforcement agencies throughout the
940 state. The notice must shall include all of the following:
941 1.(a) The resource listing, including telephone number, for
942 the area domestic violence center designated by the Department
943 of Children and Families.
944 2. Information on text-to-911 services and whether text-to
945 911 services are available in the victim’s jurisdiction.; and
946 3.(b) A copy of the following statement:
947
948 “IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask
949 the state attorney to file a criminal complaint. You
950 also have the right to go to court and file a petition
951 requesting an injunction for protection from dating
952 violence which may include, but need not be limited
953 to, provisions that restrain the abuser from further
954 acts of abuse; direct the abuser to leave your
955 household; and prevent the abuser from entering your
956 residence, school, business, or place of employment.”
957
958 (d) Give the victim a pamphlet developed and distributed by
959 the department which describes the short-term and long-term
960 effects of strangulation and the importance of seeking medical
961 treatment if the victim was strangled.
962 (e) If applicable, administer a lethality assessment
963 pursuant to s. 741.29(2)(e) and follow the requirements of s.
964 741.29(2)(f)-(i).
965 1. If a lethality assessment is administered, the law
966 enforcement officer must provide to both the victim and
967 aggressor a copy of the following statement:
968
969 Section 784.046, Florida Statutes, authorizes a law
970 enforcement officer or a designated representative of
971 the Department of Law Enforcement to follow up with an
972 alleged victim after a written police report based on
973 the investigation of an allegation that an incident of
974 dating violence occurred is filed. A law enforcement
975 officer or designated representative may follow up
976 randomly in person or by telephone.
977
978 2. If the aggressor is not present at the time of the
979 lethality assessment or the law enforcement officer is otherwise
980 unable to provide a copy of the written statement required under
981 subparagraph 1. to the aggressor, the law enforcement officer
982 must leave a copy of the written statement at the home address
983 of the aggressor.
984 3. If a lethality assessment is administered, a law
985 enforcement officer, or a designated liaison within the
986 department, may follow up with the victim within 24 hours after
987 the written police report required under subsection (3) is
988 filed. The officer or liaison may follow up in person or by
989 telephone. If the officer or liaison follows up by telephone, he
990 or she must call the victim at least three times to satisfy the
991 requirement of this subparagraph. The officer or liaison may not
992 leave a voicemail if the call goes unanswered. If the officer or
993 liaison does not reach the victim after three attempts, the
994 officer or liaison may conduct an in-person wellness check on
995 the victim.
996 (12) When a law enforcement officer investigates an
997 allegation that an incident of dating violence has occurred, the
998 officer shall handle the incident pursuant to the arrest policy
999 provided in s. 901.15(7), and as developed in accordance with
1000 subsections (13), (14), and (16). If a law enforcement officer
1001 is wearing a body camera, as defined in s. 943.1718(1), the
1002 officer must have the camera turned on and recording when
1003 investigating an allegation that an incident of dating violence
1004 has occurred. Regardless of whether or not an arrest is made,
1005 the officer shall make a written police report that is complete
1006 and clearly indicates that the alleged offense was an incident
1007 of dating violence. Such report must shall be given to the
1008 officer’s supervisor and filed with the law enforcement agency
1009 in a manner that will permit data on dating violence cases to be
1010 compiled. Such report must include:
1011 (a) A description of physical injuries observed, if any.
1012 (b) If a law enforcement officer decides not to make an
1013 arrest or decides to arrest two or more parties, the grounds for
1014 not arresting anyone or for arresting two or more parties.
1015 (c) A statement that which indicates that a copy of the
1016 legal rights and remedies notice was given to the victim.
1017
1018 Whenever possible, the law enforcement officer shall obtain a
1019 written statement from the victim and witnesses concerning the
1020 alleged dating violence. The officer shall submit the report to
1021 the supervisor or other person to whom the employer’s rules or
1022 policies require reports of similar allegations of criminal
1023 activity to be made. The law enforcement agency shall, without
1024 charge, send a copy of the initial police report, as well as any
1025 subsequent, supplemental, or related report, which excludes
1026 victim or witness statements or other materials that are part of
1027 an active criminal investigation and are exempt from disclosure
1028 under chapter 119, to the nearest locally certified domestic
1029 violence center within 24 hours after the agency’s receipt of
1030 the report. The report furnished to the domestic violence center
1031 must include a narrative description of the dating violence
1032 incident.
1033 Section 13. Subsection (2) of section 784.047, Florida
1034 Statutes, is amended, and subsections (3) and (4) are added to
1035 that section, to read:
1036 784.047 Penalties for violating protective injunction
1037 against violators.—
1038 (2) A person who has a two or more prior conviction
1039 convictions for a violation of an injunction or foreign
1040 protection order, and who subsequently commits another a
1041 violation of any injunction or foreign protection order,
1042 regardless of whether the violation is against the same victim,
1043 commits a felony of the third degree, punishable as provided in
1044 s. 775.082, s. 775.083, or s. 775.084. For purposes of this
1045 subsection, the term “conviction” means a determination of guilt
1046 which is the result of a plea or a trial, regardless of whether
1047 adjudication is withheld or a plea of nolo contendere is
1048 entered.
1049 (3)(a) The penalty for a felony or misdemeanor committed
1050 under this section may be enhanced as follows:
1051 1. A misdemeanor of the second degree may be punished as if
1052 it were a misdemeanor of the first degree.
1053 2. A misdemeanor of the first degree may be punished as if
1054 it were a felony of the third degree.
1055 3. A felony of the third degree may be punished as if it
1056 were a felony of the second degree.
1057 4. A felony of the second degree may be punished as if it
1058 were a felony of the first degree.
1059 5. A felony of the first degree may be punished as if it
1060 were a life felony.
1061 (b) In addition to the enhancements under paragraph (a),
1062 the penalty for a felony or misdemeanor committed under this
1063 section during an emergency, as defined in s. 252.34(4), for
1064 which a state of emergency is declared under s. 252.36 may be
1065 enhanced if the offense occurred within the locale of the state
1066 of emergency.
1067 (4)(a) The court may order the respondent to electronic
1068 monitoring supervision for the duration of the injunction for
1069 protection. If electronic monitoring is ordered, the court must
1070 establish exclusion zones and include safety planning and
1071 informed consent for the petitioner. The respondent is
1072 responsible for paying for the electronic monitoring services as
1073 provided in s. 948.09(2).
1074 (b) The court shall order the respondent to electronic
1075 monitoring supervision in any situation under s. 741.281(2).
1076 Section 14. Subsection (1) of section 960.198, Florida
1077 Statutes, is amended to read:
1078 960.198 Relocation assistance for victims of domestic
1079 violence.—
1080 (1) Notwithstanding the criteria set forth in s. 960.13 for
1081 crime victim compensation awards, the department may award a
1082 one-time payment of up to $5,000 $1,500 on any one claim and a
1083 lifetime maximum of $10,000 $3,000 to a victim of domestic
1084 violence who needs immediate assistance to escape from a
1085 domestic violence environment.
1086 Section 15. Paragraph (b) of subsection (1) of section
1087 921.0024, Florida Statutes, is amended to read:
1088 921.0024 Criminal Punishment Code; worksheet computations;
1089 scoresheets.—
1090 (1)
1091 (b) WORKSHEET KEY:
1092 Legal status points are assessed when any form of legal status
1093 existed at the time the offender committed an offense before the
1094 court for sentencing. Four (4) sentence points are assessed for
1095 an offender’s legal status.
1096 Community sanction violation points are assessed when a
1097 community sanction violation is before the court for sentencing.
1098 Six (6) sentence points are assessed for each community sanction
1099 violation and each successive community sanction violation,
1100 unless any of the following apply:
1101 1. If the community sanction violation includes a new
1102 felony conviction before the sentencing court, twelve (12)
1103 community sanction violation points are assessed for the
1104 violation, and for each successive community sanction violation
1105 involving a new felony conviction.
1106 2. If the community sanction violation is committed by a
1107 violent felony offender of special concern as defined in s.
1108 948.06:
1109 a. Twelve (12) community sanction violation points are
1110 assessed for the violation and for each successive violation of
1111 felony probation or community control where:
1112 I. The violation does not include a new felony conviction;
1113 and
1114 II. The community sanction violation is not based solely on
1115 the probationer or offender’s failure to pay costs or fines or
1116 make restitution payments.
1117 b. Twenty-four (24) community sanction violation points are
1118 assessed for the violation and for each successive violation of
1119 felony probation or community control where the violation
1120 includes a new felony conviction.
1121
1122 Multiple counts of community sanction violations before the
1123 sentencing court shall not be a basis for multiplying the
1124 assessment of community sanction violation points.
1125 Prior serious felony points: If the offender has a primary
1126 offense or any additional offense ranked in level 8, level 9, or
1127 level 10, and one or more prior serious felonies, a single
1128 assessment of thirty (30) points shall be added. For purposes of
1129 this section, a prior serious felony is an offense in the
1130 offender’s prior record that is ranked in level 8, level 9, or
1131 level 10 under s. 921.0022 or s. 921.0023 and for which the
1132 offender is serving a sentence of confinement, supervision, or
1133 other sanction or for which the offender’s date of release from
1134 confinement, supervision, or other sanction, whichever is later,
1135 is within 3 years before the date the primary offense or any
1136 additional offense was committed.
1137
1138 Prior capital felony points: If the offender has one or more
1139 prior capital felonies in the offender’s criminal record, points
1140 shall be added to the subtotal sentence points of the offender
1141 equal to twice the number of points the offender receives for
1142 the primary offense and any additional offense. A prior capital
1143 felony in the offender’s criminal record is a previous capital
1144 felony offense for which the offender has entered a plea of nolo
1145 contendere or guilty or has been found guilty; or a felony in
1146 another jurisdiction which is a capital felony in that
1147 jurisdiction, or would be a capital felony if the offense were
1148 committed in this state.
1149
1150 Possession of a firearm, semiautomatic firearm, or machine gun:
1151 If the offender is convicted of committing or attempting to
1152 commit any felony other than those enumerated in s. 775.087(2)
1153 while having in his or her possession: a firearm as defined in
1154 s. 790.001, an additional eighteen (18) sentence points are
1155 assessed; or if the offender is convicted of committing or
1156 attempting to commit any felony other than those enumerated in
1157 s. 775.087(3) while having in his or her possession a
1158 semiautomatic firearm as defined in s. 775.087(3) or a machine
1159 gun as defined in s. 790.001, an additional twenty-five (25)
1160 sentence points are assessed.
1161
1162 Sentencing multipliers:
1163
1164 Aggravated Animal Cruelty: If the primary offense is aggravated
1165 animal cruelty under s. 828.12(2), which included the knowing
1166 and intentional torture or torment of an animal that injured,
1167 mutilated, or killed the animal, the subtotal sentence points
1168 are multiplied by 1.25. As used in this paragraph, the term
1169 “animal” does not include an animal used for agricultural
1170 purposes or permitted as captive wildlife as authorized under s.
1171 379.303.
1172
1173 Drug trafficking: If the primary offense is drug trafficking
1174 under s. 893.135, the subtotal sentence points are multiplied,
1175 at the discretion of the court, for a level 7 or level 8
1176 offense, by 1.5. The state attorney may move the sentencing
1177 court to reduce or suspend the sentence of a person convicted of
1178 a level 7 or level 8 offense, if the offender provides
1179 substantial assistance as described in s. 893.135(4).
1180
1181 Violent offenses committed against specified justice system
1182 personnel: If the primary offense is a violation of s.
1183 775.0823(2), (3), or (4), the subtotal sentence points are
1184 multiplied by 2.5. If the primary offense is a violation of s.
1185 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
1186 are multiplied by 2.0. If the primary offense is a violation of
1187 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
1188 subtotal sentence points are multiplied by 1.5.
1189
1190 Grand theft of a motor vehicle: If the primary offense is grand
1191 theft of the third degree involving a motor vehicle and in the
1192 offender’s prior record, there are three or more grand thefts of
1193 the third degree involving a motor vehicle, the subtotal
1194 sentence points are multiplied by 1.5.
1195
1196 Fleeing or attempting to elude a law enforcement officer: If the
1197 primary offense is fleeing or attempting to elude a law
1198 enforcement officer or aggravated fleeing or eluding in
1199 violation of s. 316.1935, and in the offender’s prior record,
1200 there is one or more violation of s. 316.1935, the subtotal
1201 sentence points are multiplied by 1.5.
1202
1203 Offense related to a criminal gang: If the offender is convicted
1204 of the primary offense and committed that offense for the
1205 purpose of benefiting, promoting, or furthering the interests of
1206 a criminal gang as defined in s. 874.03, the subtotal sentence
1207 points are multiplied by 1.5. If applying the multiplier results
1208 in the lowest permissible sentence exceeding the statutory
1209 maximum sentence for the primary offense under chapter 775, the
1210 court may not apply the multiplier and must sentence the
1211 defendant to the statutory maximum sentence.
1212
1213 Domestic violence in the presence of a child: If the offender is
1214 convicted of the primary offense and the primary offense is a
1215 crime of domestic violence, as defined in s. 741.28, which was
1216 committed in the presence of a child under 16 years of age who
1217 is a family or household member, as defined in s. 741.28, s.
1218 741.28(3) with the victim or perpetrator, the subtotal sentence
1219 points are multiplied by 1.5.
1220
1221 Adult-on-minor sex offense: If the offender was 18 years of age
1222 or older and the victim was younger than 18 years of age at the
1223 time the offender committed the primary offense, and if the
1224 primary offense was an offense committed on or after October 1,
1225 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
1226 violation involved a victim who was a minor and, in the course
1227 of committing that violation, the defendant committed a sexual
1228 battery under chapter 794 or a lewd act under s. 800.04 or s.
1229 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
1230 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
1231 800.04; or s. 847.0135(5), the subtotal sentence points are
1232 multiplied by 2.0. If applying the multiplier results in the
1233 lowest permissible sentence exceeding the statutory maximum
1234 sentence for the primary offense under chapter 775, the court
1235 may not apply the multiplier and must sentence the defendant to
1236 the statutory maximum sentence.
1237 Section 16. Paragraph (f) of subsection (2) of section
1238 943.0584, Florida Statutes, is amended to read:
1239 943.0584 Criminal history records ineligible for court
1240 ordered expunction or court-ordered sealing.—
1241 (2) A criminal history record is ineligible for a
1242 certificate of eligibility for expunction or a court-ordered
1243 expunction pursuant to s. 943.0585 or a certificate of
1244 eligibility for sealing or a court-ordered sealing pursuant to
1245 s. 943.059 if the record is a conviction for any of the
1246 following offenses:
1247 (f) Assault or battery, as defined in ss. 784.011 and
1248 784.03, respectively, of one family or household member by
1249 another family or household member, as defined in s. 741.28 s.
1250 741.28(3);
1251 Section 17. Paragraph (b) of subsection (2) of section
1252 943.171, Florida Statutes, is amended to read:
1253 943.171 Basic skills training in handling domestic violence
1254 cases.—
1255 (2) As used in this section, the term:
1256 (b) “Household member” has the meaning set forth in s.
1257 741.28 s. 741.28(3).
1258 Section 18. This act shall take effect July 1, 2026.