Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 86
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/09/2024 .
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The Committee on Judiciary (Book) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 741.311, Florida Statutes, is created to
6 read:
7 741.311 Hope Card Program for persons issued orders of
8 protection.—
9 (1) The Florida Association of Court Clerks, Inc., shall
10 develop the Hope Card Program, which provides for the issuance
11 of a Hope Card to any person who has been issued an order of
12 protection by a circuit court in this state, or by a court of a
13 foreign state pursuant to s. 741.315. The Florida Association of
14 Court Clerks, Inc., may consult with the Office of the State
15 Courts Administrator, the Attorney General, the Department of
16 Children and Families, and other interested agencies and private
17 entities to develop and implement the program. The association
18 may seek federal grants and private donations to defray the cost
19 of the program.
20 (2) Beginning July 1, 2024, a person who has been issued a
21 final judgment on injunction for protection under s. 741.30, s.
22 784.046, s. 784.0485, or s. 825.1035 may apply for a Hope Card
23 with the clerk of the court of the circuit where the petition
24 for an injunction for protection was initially filed. A person
25 protected by a foreign protection order under s. 741.315 may
26 submit an application for a Hope Card to any clerk of the court
27 in this state. A person may apply for a Hope Card at the time
28 the final judgment on injunction for protection is issued or at
29 any other time before the expiration of the order of protection.
30 (3) The Florida Association of Court Clerks, Inc., shall
31 develop a uniform application for use by the clerks of the
32 circuit court. Hope Card applications must be available on the
33 website of each clerk of the circuit court, and paper
34 applications must also be available at the clerk’s office.
35 (4) Not later than the end of the next business day after
36 receipt of an application, the clerk of the circuit court shall
37 either create the Hope Card or electronically transmit the
38 application to the Florida Association of Court Clerks, Inc.,
39 for creation of the Hope Card. The Hope Card must be delivered
40 to the petitioner or deposited in the mail not later than the
41 end of the next business day after the card is created.
42 (5) The Florida Association of Court Clerks, Inc., or a
43 clerk of the circuit court, may not assess a fee to the
44 applicant for the issuance of a Hope Card.
45 (6) A Hope Card issued under the program must be a durable,
46 laminated card, 3.375 inches wide by 2.125 inches high,
47 containing all of the following information:
48 (a) The respondent’s name, date of birth, height, weight,
49 sex, race, eye color, hair color, and any other distinguishing
50 features or characteristics of the respondent.
51 (b) The petitioner’s name and date of birth and the names
52 and dates of birth of any minor children protected under the
53 order.
54 (c) The name and date of birth, if applicable, of any other
55 person or animal protected under the order.
56 (d) Pertinent information about the order of protection,
57 including, but not limited to, the issuing court; the case
58 number; the date the order of protection was issued; the
59 expiration date, if any, of the order of protection; the
60 locations from which the respondent is restrained; and any other
61 relevant details of the order.
62 Section 2. Present subsections (4), (5), and (6) of section
63 741.315, Florida Statutes, are renumbered as subsections (5),
64 (6), and (7), respectively, and a new subsection (4) is added to
65 that section, to read:
66 741.315 Recognition of foreign protection orders.—
67 (4) A person protected by an injunction for protection
68 issued by a court of a foreign state may apply for a Hope Card
69 under s. 741.311, as if the order of protection was issued by a
70 Florida court. Failure to register a foreign order does not
71 preclude a protected person from applying and receiving a Hope
72 Card.
73 Section 3. Paragraph (d) is added to subsection (8) of
74 section 741.30, Florida Statutes, to read:
75 741.30 Domestic violence; injunction; powers and duties of
76 court and clerk; petition; notice and hearing; temporary
77 injunction; issuance of injunction; statewide verification
78 system; enforcement; public records exemption.—
79 (8)
80 (d) The petitioner may apply for a Hope Card under s.
81 741.311 after the court has issued a final order of protection.
82 Section 4. Paragraph (d) is added to subsection (8) of
83 section 784.046, Florida Statutes, to read:
84 784.046 Action by victim of repeat violence, sexual
85 violence, or dating violence for protective injunction; dating
86 violence investigations, notice to victims, and reporting;
87 pretrial release violations; public records exemption.—
88 (8)
89 (d) The petitioner may apply for a Hope Card under s.
90 741.311 after the court has issued a final order of protection.
91 Section 5. Paragraph (c) is added to subsection (8) of
92 section 784.0485, Florida Statutes, to read:
93 784.0485 Stalking; injunction; powers and duties of court
94 and clerk; petition; notice and hearing; temporary injunction;
95 issuance of injunction; statewide verification system;
96 enforcement.—
97 (8)
98 (c) The petitioner may apply for a Hope Card under s.
99 741.311 after the court has issued a final order of protection.
100 Section 6. Paragraph (c) is added to subsection (10) of
101 section 825.1035, Florida Statutes, to read:
102 825.1035 Injunction for protection against exploitation of
103 a vulnerable adult.—
104 (10) TRANSMITTAL TO SHERIFF; SERVICE; HOPE CARD.—
105 (c) The petitioner may apply for a Hope Card under s.
106 741.311 after the court has issued a final order of protection.
107 Section 7. This act shall take effect July 1, 2024.
108
109 ================= T I T L E A M E N D M E N T ================
110 And the title is amended as follows:
111 Delete everything before the enacting clause
112 and insert:
113 A bill to be entitled
114 An act relating to Hope Cards for persons issued
115 orders of protection; creating s. 741.311, F.S.;
116 requiring the Florida Association of Court Clerks,
117 Inc., to develop the Hope Card Program; authorizing
118 the association to consult with specified entities to
119 develop and implement the program; authorizing the
120 association to seek federal grants and private
121 donations to defray the cost of the program;
122 authorizing certain persons to apply for a Hope Card
123 after a specified date; requiring the association to
124 develop a uniform application for use by the clerks of
125 the circuit court; requiring that applications for a
126 Hope Card be available online and in clerks’ offices;
127 requiring the clerk of the circuit court, within a
128 specified timeframe after receipt of an application,
129 to either create the Hope Card or electronically
130 transmit the application to the association for
131 creation of the card; requiring that the delivery or
132 mailing of the Hope Card be within a specified
133 timeframe; prohibiting the assessment of a fee to a
134 Hope Card applicant; providing requirements for the
135 Hope Card; amending s. 741.315, F.S.; authorizing a
136 person protected by an injunction for protection
137 issued by a court of a foreign state to apply for and
138 receive a Hope Card even if the person does not
139 register the order for protection in this state;
140 amending ss. 741.30, 784.046, 784.0485, and 825.1035,
141 F.S.; conforming provisions to changes made by the
142 act; providing an effective date.