Florida Senate - 2024 SB 86 By Senator Book 35-00360-24 202486__ 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 Office of the State Courts 5 Administrator, in consultation with others, to develop 6 the Hope Card Program; requiring state courts to 7 implement the program; authorizing the Office of the 8 State Courts Administrator to adopt rules; authorizing 9 certain persons to apply for a Hope Card after a 10 specified date; requiring applications for a Hope Card 11 to be available online and in clerks’ offices; 12 requiring clerks’ offices to mail, by certified mail, 13 a Hope Card to petitioners within a specified 14 timeframe; prohibiting the assessment of a fee; 15 providing requirements for the Hope Card; amending s. 16 741.315, F.S.; authorizing a person protected by an 17 injunction for protection issued by a court of a 18 foreign state to apply for and receive a Hope Card 19 even if the person does not register the order for 20 protection in this state; amending ss. 741.30, 21 784.046, 784.0485, and 825.1035, F.S.; conforming 22 provisions to changes made by the act; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 741.311, Florida Statutes, is created to 28 read: 29 741.311 Hope Card Program for persons issued orders of 30 protection.— 31 (1) The Office of the State Courts Administrator shall 32 develop, and all district, county, and circuit courts shall 33 implement, the Hope Card Program, which provides for the 34 issuance of a Hope Card to any person who has been issued an 35 order of protection by a district, county, or circuit court in 36 this state, or by a court of a foreign state pursuant to s. 37 741.315. The Office of the State Courts Administrator may 38 consult with the Attorney General, the Secretary of State, and 39 the clerks of court to develop and implement the program. The 40 Office of the State Courts Administrator may adopt rules to 41 implement this section. 42 (2) Beginning July 1, 2024, a person who has been issued a 43 final judgment on injunction for protection under s. 741.30, s. 44 784.046, s. 784.0485, or s. 825.1035 may apply for a Hope Card 45 with the clerk of the court of the circuit where the petition 46 for an injunction for protection was initially filed. A person 47 protected by a foreign protection order under s. 741.315 may 48 submit an application for a Hope Card to any clerk of the court 49 in this state. A person may apply for a Hope Card at the time 50 the final judgment on injunction for protection is issued or at 51 any other time before the expiration of the order of protection. 52 (3) Hope Card applications must be available on the website 53 of each clerk of the court and paper applications must also be 54 available at the clerk’s office. After the court has issued an 55 injunction for protection and within 24 hours after receipt of 56 an application, the clerk of the court shall mail the Hope Card 57 to the petitioner by certified mail. 58 (4) The clerk of the court may not assess a fee for the 59 issuance of a Hope Card. 60 (5) A Hope Card issued under the program must be a durable, 61 laminated, wallet-sized card containing all of the following 62 information: 63 (a) The respondent’s name, date of birth, height, weight, 64 sex, race, eye color, hair color, and any other distinguishing 65 features or characteristics of the respondent. 66 (b) The petitioner’s name and date of birth and the names 67 and dates of birth of any minor children protected under the 68 order. 69 (c) The name and date of birth, if applicable, of any other 70 person or animal protected under the order. 71 (d) Pertinent information about the order of protection, 72 including, but not limited to, the issuing court; the case 73 number; the date the order of protection was issued; the 74 expiration date, if any, of the order of protection; the 75 locations from which the respondent is restrained; and any other 76 relevant details of the order. 77 Section 2. Paragraph (d) is added to subsection (8) of 78 section 741.30, Florida Statutes, to read: 79 741.30 Domestic violence; injunction; powers and duties of 80 court and clerk; petition; notice and hearing; temporary 81 injunction; issuance of injunction; statewide verification 82 system; enforcement; public records exemption.— 83 (8) 84 (d) If the petitioner applies for a Hope Card under s. 85 741.311, after the court has issued a final order of protection, 86 the clerk of the court must mail the Hope Card to the petitioner 87 by certified mail within 24 hours after receipt of the 88 petitioner’s application for the card. 89 Section 3. Subsections (4), (5), and (6) of section 90 741.315, Florida Statutes, are renumbered as subsections (5), 91 (6), and (7), respectively, and a new subsection (4) is added to 92 that section, to read: 93 741.315 Recognition of foreign protection orders.— 94 (4) A person protected by an injunction for protection 95 issued by a court of a foreign state may apply for a Hope Card 96 under s. 741.311, as if the order of protection was issued by a 97 Florida court. Failure to register a foreign order does not 98 preclude a protected person from applying and receiving a Hope 99 Card. 100 Section 4. Paragraph (d) is added to subsection (8) of 101 section 784.046, Florida Statutes, to read: 102 784.046 Action by victim of repeat violence, sexual 103 violence, or dating violence for protective injunction; dating 104 violence investigations, notice to victims, and reporting; 105 pretrial release violations; public records exemption.— 106 (8) 107 (d) If the petitioner applies for a Hope Card under s. 108 741.311, after the court has issued a final order of protection, 109 the clerk of the court must mail the Hope Card to the petitioner 110 by certified mail within 24 hours after receipt of the 111 petitioner’s application for the card. 112 Section 5. Paragraph (c) is added to subsection (8) of 113 section 784.0485, Florida Statutes, to read: 114 784.0485 Stalking; injunction; powers and duties of court 115 and clerk; petition; notice and hearing; temporary injunction; 116 issuance of injunction; statewide verification system; 117 enforcement.— 118 (8) 119 (c) If the petitioner applies for a Hope Card under s. 120 741.311, after the court has issued a final order of protection, 121 the clerk of the court must mail the Hope Card to the petitioner 122 by certified mail within 24 hours after receipt of the 123 petitioner’s application for the card. 124 Section 6. Paragraph (c) is added to subsection (10) of 125 section 825.1035, Florida Statutes, to read: 126 825.1035 Injunction for protection against exploitation of 127 a vulnerable adult.— 128 (10) TRANSMITTAL TO SHERIFF; SERVICE; HOPE CARD.— 129 (c) If the petitioner applies for a Hope Card under s. 130 741.311, after the court has issued a final order of protection, 131 the clerk of the court must mail the Hope Card to the petitioner 132 by certified mail within 24 hours after receipt of the 133 petitioner’s application for the card. 134 Section 7. This act shall take effect July 1, 2024.