Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 86
       
       
       
       
       
       
                                Ì270744-Î270744                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/23/2024           .                                
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       The Committee on Fiscal Policy (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         741.311Hope Card Program for persons issued orders of
    8  protection.—
    9         (1)The clerks of the circuit court, in consultation with
   10  the Office of the Attorney General, shall develop and implement
   11  the Hope Card Program, which provides for the issuance of a Hope
   12  Card to any person who has been issued an order of protection by
   13  a county or circuit court in this state.
   14         (2)Beginning October 1, 2024, a person who has been issued
   15  a final judgment on injunction for protection under s. 741.30,
   16  s. 784.046, s. 784.0485, or s. 825.1035 may request a Hope Card
   17  from the clerk of the court of the circuit in which the order
   18  for an injunction for protection was entered. A person may
   19  request a Hope Card at the time the final judgment on injunction
   20  for protection is issued or at any other time before the
   21  expiration of the order for protection.
   22         (3)After the court has issued a final judgment on
   23  injunction for protection and within 3 business days after
   24  receipt of a request for a Hope Card, the clerk of the court
   25  shall create the Hope Card and provide it to the petitioner.
   26         (4)The clerk of the court may not assess a fee for the
   27  issuance of a Hope Card.
   28         (5)A Hope Card is valid for 2 years after the date of
   29  issuance of the final order or the expiration date of the
   30  injunction, whichever is earlier. A Hope Card may be renewed
   31  after the 2-year period if the injunction is still in effect.
   32         (6)A Hope Card issued under the program may be digital or
   33  a durable, wallet-sized card and must contain all of the
   34  following information:
   35         (a)The respondent’s name and date of birth.
   36         (b)The name and date of birth of the petitioner or
   37  protected person.
   38         (c)Information regarding the issuing court; the case
   39  number; the date the order of protection was issued; and the
   40  expiration date, if any, of the order of protection.
   41         (d)The telephone number for the statewide domestic
   42  violence hotline.
   43         (e)The date of issuance and the expiration date of the
   44  Hope Card.
   45         (7)A person who, having actual knowledge that he or she is
   46  not protected by an injunction that is currently in force and
   47  effect, knowingly and willfully presents to another person a
   48  Hope Card or other document purporting to be a Hope Card for the
   49  purpose of evidencing the existence of an injunction, commits a
   50  misdemeanor of the second degree, punishable as provided in s.
   51  775.082 or s. 775.083.
   52         Section 2. Paragraph (d) is added to subsection (8) of
   53  section 741.30, Florida Statutes, to read:
   54         741.30 Domestic violence; injunction; powers and duties of
   55  court and clerk; petition; notice and hearing; temporary
   56  injunction; issuance of injunction; statewide verification
   57  system; enforcement; public records exemption.—
   58         (8)
   59         (d)The petitioner may request a Hope Card under s. 741.311
   60  after the court has issued a final order of protection.
   61         Section 3. Paragraph (d) is added to subsection (8) of
   62  section 784.046, Florida Statutes, to read:
   63         784.046 Action by victim of repeat violence, sexual
   64  violence, or dating violence for protective injunction; dating
   65  violence investigations, notice to victims, and reporting;
   66  pretrial release violations; public records exemption.—
   67         (8)
   68         (d)The petitioner may request a Hope Card under s. 741.311
   69  after the court has issued a final order of protection.
   70         Section 4. Paragraph (c) is added to subsection (8) of
   71  section 784.0485, Florida Statutes, to read:
   72         784.0485 Stalking; injunction; powers and duties of court
   73  and clerk; petition; notice and hearing; temporary injunction;
   74  issuance of injunction; statewide verification system;
   75  enforcement.—
   76         (8)
   77         (c)The petitioner may request a Hope Card under s. 741.311
   78  after the court has issued a final order of protection.
   79         Section 5. Paragraph (c) is added to subsection (10) of
   80  section 825.1035, Florida Statutes, to read:
   81         825.1035 Injunction for protection against exploitation of
   82  a vulnerable adult.—
   83         (10) TRANSMITTAL TO SHERIFF; SERVICE; HOPE CARD.—
   84         (c)The petitioner may request a Hope Card under s. 741.311
   85  after the court has issued a final order of protection.
   86         Section 6. This act shall take effect October 1, 2024.
   87  
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Delete everything before the enacting clause
   91  and insert:
   92                        A bill to be entitled                      
   93         An act relating to Hope Cards for persons issued
   94         orders of protection; creating s. 741.311, F.S.;
   95         requiring the clerks of the circuit court, in
   96         consultation with the Office of the Attorney General,
   97         to develop and implement the Hope Card Program;
   98         authorizing certain persons to request a Hope Card
   99         after a specified date; specifying when and how a
  100         person may request a Hope Card; requiring clerks’
  101         offices to create a Hope Card and provide such card to
  102         petitioners within a specified time frame; prohibiting
  103         the assessment of a fee; providing requirements for
  104         the Hope Card; providing criminal penalties for the
  105         fraudulent use of a Hope Card; amending ss. 741.30,
  106         784.046, 784.0485, and 825.1035, F.S.; conforming
  107         provisions to changes made by the act; providing an
  108         effective date.