Florida Senate - 2025                                     SB 240
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00221A-25                                           2025240__
    1                        A bill to be entitled                      
    2         An act relating to victims of domestic violence and
    3         dating violence; creating s. 741.317, F.S.; providing
    4         a short title; creating the Helping Abuse Victims
    5         Escape Now (HAVEN) Coordinating Council within the
    6         Department of Law Enforcement; requiring the
    7         department to provide certain services; defining
    8         terms; specifying the composition of the coordinating
    9         council; providing requirements for member
   10         appointments, election of a chair, and meetings;
   11         requiring that member appointments be completed and
   12         the first meeting of the coordinating council be held
   13         by a date certain; specifying duties of the
   14         coordinating council; requiring the coordinating
   15         council to submit certain reports to specified
   16         entities and persons, the Governor, and the
   17         Legislature by a specified date; providing for funding
   18         of the coordinating council; specifying that the act
   19         supersedes certain local regulations; providing for
   20         expiration of the coordinating council; amending s.
   21         741.402, F.S.; defining the term “dating violence”;
   22         amending s. 741.403, F.S.; providing that victims of
   23         dating violence may apply to participate in the
   24         Attorney General’s address confidentiality program;
   25         amending ss. 741.465, 741.4651, and 960.001, F.S.;
   26         conforming provisions to changes made by the act;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 741.317, Florida Statutes, is created to
   32  read:
   33         741.317Helping Abuse Victims Escape Now Act; coordinating
   34  council; membership; duties; reports; funding; preemption.—
   35         (1)SHORT TITLE.—This section may be cited as the “Helping
   36  Abuse Victims Escape Now (HAVEN) Act.”
   37         (2)CREATION.—The HAVEN Coordinating Council, a
   38  coordinating council as defined in s. 20.03, is created within
   39  the Department of Law Enforcement. The Department of Law
   40  Enforcement shall provide administrative and staff support
   41  services relating to the functions of the coordinating council.
   42         (3)DEFINITIONS.—As used in this section, the term:
   43         (a)“Dating violence” has the same meaning as in s.
   44  784.046(1)(d).
   45         (b)“Domestic violence” has the same meaning as in s.
   46  741.28.
   47         (c)“Dynamic website” means a website that generates
   48  webpages in real time and which can change its content and
   49  layout depending on various parameters such as user preferences,
   50  time of day, and location.
   51         (4)MEMBERSHIP; MEETINGS.—
   52         (a)The HAVEN Coordinating Council is composed of the
   53  following members:
   54         1.A representative from the Department of Law Enforcement,
   55  appointed by the executive director of the Department of Law
   56  Enforcement.
   57         2.A representative from a local law enforcement agency,
   58  appointed by the sheriff of the county in which the law
   59  enforcement agency is located.
   60         3.A representative from a victim services program,
   61  appointed by the secretary of the Department of Children and
   62  Families.
   63         4.A representative from a domestic violence advocacy
   64  group, appointed by the secretary of the Department of Children
   65  and Families.
   66         5.An expert in technology matters, appointed jointly by
   67  the President of the Senate and the Speaker of the House of
   68  Representatives.
   69         6.An attorney in good standing with The Florida Bar and
   70  who is a member of the Family Law Section of The Florida Bar,
   71  appointed by the president of The Florida Bar.
   72         7.Any other representative as determined by the HAVEN
   73  Coordinating Council, appointed by the chair of the council.
   74         (b)Appointments to the HAVEN Coordinating Council must be
   75  made by September 1, 2025. Each member serves at the pleasure of
   76  the official who appointed the member. A vacancy on the
   77  coordinating council must be filled in the same manner as the
   78  original appointment.
   79         (c)The coordinating council shall elect a chair from among
   80  its members.
   81         (d)The first meeting of the coordinating council must be
   82  held no later than October 1, 2025. The coordinating council may
   83  hold its meetings through teleconference or other electronic
   84  means.
   85         (5)DUTIES.—The HAVEN Coordinating Council shall:
   86         (a)Develop a dynamic website with all of the following
   87  functions:
   88         1.The ability to synchronize with law enforcement
   89  databases to ensure real-time data sharing and updates.
   90         2.The ability to allow a person using the dynamic website
   91  to generate a unique phone number from which the user can call a
   92  911 emergency telephone number when he or she is in need of
   93  assistance from law enforcement.
   94         3.The ability for a user to choose a personalized
   95  numerical code or phrase that discreetly alerts a law
   96  enforcement agency or sheriff’s office when the user calls his
   97  or her uniquely generated phone number.
   98         4.The ability to automatically transmit specified data to
   99  a law enforcement agency or sheriff’s office when a user calls
  100  his or her generated phone number and uses his or her
  101  personalized numerical code or phrase, which then triggers the
  102  immediate dispatch of a law enforcement officer or sheriff to
  103  the user’s location.
  104         (b)Establish a public awareness campaign to inform the
  105  public about the dynamic website and its features.
  106         (c)Coordinate with local law enforcement agencies and
  107  sheriffs to develop and implement a training program to ensure
  108  law enforcement officers are equipped to respond swiftly and
  109  effectively to alerts that are generated through the dynamic
  110  website.
  111         (d)Meet at least quarterly to review relevant data,
  112  identify trends, and determine alternative or additional avenues
  113  of support for victims of domestic violence or dating violence.
  114         (6)REPORTS.—The HAVEN Coordinating Council shall:
  115         (a)Provide quarterly reports to local law enforcement
  116  agencies and sheriff’s offices.
  117         (b)By November 1 of each year, beginning in 2026, submit
  118  to the Governor, the Attorney General, the executive director of
  119  the Department of Law Enforcement, the President of the Senate,
  120  and the Speaker of the House of Representatives a report that
  121  compiles the progress and cost breakdowns relating to the
  122  establishment of the dynamic website and, once the dynamic
  123  website is functioning, statistics relating to the usage and
  124  effectiveness of the website and the effectiveness of the
  125  coordinating council.
  126         (7)FUNDING.—
  127         (a)The Legislature may appropriate funds annually to the
  128  Department of Law Enforcement to be used to implement this act.
  129         (b)The HAVEN Coordinating Council may apply for and
  130  receive grants and accept donations to support the development
  131  and maintenance of the dynamic website.
  132         (8)PREEMPTION.—This section supersedes any local
  133  government regulations on matters covered under this section. A
  134  local government or political subdivision may not administer,
  135  implement, or enforce any law, rule, regulation, standard, or
  136  provision that conflicts with this section.
  137         (9)REPEAL.—In accordance with s. 20.052(8), this section
  138  is repealed October 2, 2028, unless reviewed and saved from
  139  repeal through reenactment by the Legislature.
  140         Section 2. Section 741.402, Florida Statutes, is amended to
  141  read:
  142         741.402 Definitions; ss. 741.401-741.409.—Unless the
  143  context clearly requires otherwise, as used in ss. 741.401
  144  741.409, the term:
  145         (1) “Address” means a residential street address, school
  146  address, or work address of an individual, as specified on the
  147  individual’s application to be a program participant under ss.
  148  741.401-741.409.
  149         (2)Dating violence” means an act as defined in s.
  150  784.046(1)(a) and includes a threat of such acts committed
  151  against an individual in a continuing and significant
  152  relationship as determined by the factors listed in s.
  153  784.046(1)(d), regardless of whether these acts or threats have
  154  been reported to law enforcement officers.
  155         (3) “Domestic violence” means an act as defined in s.
  156  741.28 and includes a threat of such acts committed against an
  157  individual in a domestic situation, regardless of whether these
  158  acts or threats have been reported to law enforcement officers.
  159         (4)(2) “Program participant” means a person certified as a
  160  program participant under s. 741.403.
  161         Section 3. Paragraphs (a) and (d) of subsection (1) of
  162  section 741.403, Florida Statutes, are amended to read:
  163         741.403 Address confidentiality program; application;
  164  certification.—
  165         (1) An adult person, a parent or guardian acting on behalf
  166  of a minor, or a guardian acting on behalf of a person
  167  adjudicated incapacitated under chapter 744 may apply to the
  168  Attorney General to have an address designated by the Attorney
  169  General serve as the person’s address or the address of the
  170  minor or incapacitated person. To the extent possible within
  171  funds appropriated for this purpose, the Attorney General shall
  172  approve an application if it is filed in the manner and on the
  173  form prescribed by the Attorney General and if it contains all
  174  of the following:
  175         (a) A sworn statement by the applicant that the applicant
  176  has good reason to believe that the applicant, or the minor or
  177  incapacitated person on whose behalf the application is made, is
  178  a victim of domestic violence or dating violence, and that the
  179  applicant fears for his or her safety or his or her children’s
  180  safety or the safety of the minor or incapacitated person on
  181  whose behalf the application is made.
  182         (d) A statement that the new address or addresses that the
  183  applicant requests must not be disclosed for the reason that
  184  disclosure will increase the risk of domestic violence or dating
  185  violence.
  186         Section 4. Section 741.465, Florida Statutes, is amended to
  187  read:
  188         741.465 Public records exemption for the Address
  189  Confidentiality Program for Victims of Domestic Violence.—
  190         (1)For purposes of this section, the term “address” means
  191  a residential street address, school address, or work address,
  192  as specified on the individual’s application to be a program
  193  participant in the Address Confidentiality Program for Victims
  194  of Violence.
  195         (2)(1) The addresses, corresponding telephone numbers, and
  196  social security numbers of program participants in the Address
  197  Confidentiality Program for Victims of Domestic Violence held by
  198  the Office of the Attorney General are exempt from s. 119.07(1)
  199  and s. 24(a), Art. I of the State Constitution, except the
  200  information may be disclosed under the following circumstances:
  201  to a law enforcement agency for purposes of assisting in the
  202  execution of a valid arrest warrant; if directed by a court
  203  order, to a person identified in the order; or if the
  204  certification has been canceled. For purposes of this section,
  205  the term “address” means a residential street address, school
  206  address, or work address, as specified on the individual’s
  207  application to be a program participant in the Address
  208  Confidentiality Program for Victims of Domestic Violence.
  209         (3)(2) The names, addresses, and telephone numbers of
  210  participants in the Address Confidentiality Program for Victims
  211  of Domestic Violence contained in voter registration and voting
  212  records held by the supervisor of elections and the Department
  213  of State are exempt from s. 119.07(1) and s. 24(a), Art. I of
  214  the State Constitution, except the information may be disclosed
  215  under the following circumstances: to a law enforcement agency
  216  for purposes of assisting in the execution of an arrest warrant
  217  or, if directed by a court order, to a person identified in the
  218  order. This exemption applies to information made exempt by this
  219  subsection before, on, or after the effective date of the
  220  exemption.
  221         Section 5. Section 741.4651, Florida Statutes, is amended
  222  to read:
  223         741.4651 Public records exemption; victims of stalking or
  224  aggravated stalking.—The names, addresses, and telephone numbers
  225  of persons who are victims of stalking or aggravated stalking
  226  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  227  Constitution in the same manner that the names, addresses, and
  228  telephone numbers of participants in the Address Confidentiality
  229  Program for Victims of Domestic Violence which are held by the
  230  Attorney General under s. 741.465 are exempt from disclosure,
  231  provided that the victim files a sworn statement of stalking
  232  with the Office of the Attorney General and otherwise complies
  233  with the procedures in ss. 741.401-741.409.
  234         Section 6. Paragraph (c) of subsection (1) of section
  235  960.001, Florida Statutes, is amended to read:
  236         960.001 Guidelines for fair treatment of victims and
  237  witnesses in the criminal justice and juvenile justice systems.—
  238         (1) The Department of Legal Affairs, the state attorneys,
  239  the Department of Corrections, the Department of Juvenile
  240  Justice, the Florida Commission on Offender Review, the State
  241  Courts Administrator and circuit court administrators, the
  242  Department of Law Enforcement, and every sheriff’s department,
  243  police department, or other law enforcement agency as defined in
  244  s. 943.10(4) shall develop and implement guidelines for the use
  245  of their respective agencies, which guidelines are consistent
  246  with the purposes of this act and s. 16(b), Art. I of the State
  247  Constitution and are designed to implement s. 16(b), Art. I of
  248  the State Constitution and to achieve the following objectives:
  249         (c) Information concerning protection available to victim
  250  or witness.—A victim or witness shall be furnished, as a matter
  251  of course, with information on steps that are available to law
  252  enforcement officers and state attorneys to protect victims and
  253  witnesses from intimidation. Victims of domestic violence and
  254  dating violence shall also be given information about the
  255  address confidentiality program provided under s. 741.403.
  256         Section 7. This act shall take effect July 1, 2025.