Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 86 Ì148514'Î148514 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/09/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.