Florida Senate - 2025 SB 308
By Senator Sharief
35-00488-25 2025308__
1 A bill to be entitled
2 An act relating to injunctions for protection in cases
3 of repeat or serious violence; amending s. 784.046,
4 F.S.; replacing the term “repeat violence” with the
5 term “repeat or serious violence”; defining the term
6 “repeat or serious violence”; expanding the grounds
7 for an existing cause of action for an injunction of
8 protection to include serious violence in addition to
9 repeat violence; revising the name of an existing
10 cause of action to an injunction for protection in
11 cases of repeat or serious violence, rather than in
12 cases of repeat violence; conforming provisions to
13 changes made by the act; amending ss. 44.407, 61.1825,
14 119.0714, 394.4597, 394.4598, 741.2901, 741.30,
15 741.313, 784.047, 784.048, 790.06, 790.065, 934.03,
16 and 943.05, F.S.; conforming provisions to changes
17 made by the act; reenacting ss. 28.2221(8)(a), (c),
18 and (d), 61.1827(1), 741.311(2), 741.315(2),
19 790.401(2)(e) and (3)(c), 901.15(6), 901.41(5),
20 921.141(6)(p), 921.1425(7)(j), and 934.425(3), F.S.,
21 relating to electronic access to official records,
22 identifying information concerning applicants for and
23 recipients of child support services, Hope Card
24 Program for persons issued orders of protection,
25 recognition of foreign protection orders, risk
26 protection orders, when arrest by a law enforcement
27 officer without a warrant is lawful, prearrest
28 diversion programs, aggravating factors relating to a
29 sentence of death or life imprisonment for capital
30 felonies, aggravating factors relating to a sentence
31 of death or life imprisonment for capital sexual
32 battery, and installation or use of tracking devices
33 or tracking applications, respectively, to incorporate
34 the amendment made to s. 784.046, F.S., in references
35 thereto; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Section 784.046, Florida Statutes, is amended to
40 read:
41 784.046 Action by victim of repeat or serious violence,
42 sexual violence, or dating violence for protective injunction;
43 dating violence investigations, notice to victims, and
44 reporting; pretrial release violations; public records
45 exemption.—
46 (1) As used in this section, the term:
47 (a) “Violence” means any assault, aggravated assault,
48 battery, aggravated battery, sexual assault, sexual battery,
49 stalking, aggravated stalking, kidnapping, or false
50 imprisonment, or any criminal offense resulting in physical
51 injury or death, by a person against any other person.
52 (b) “Repeat or serious violence” means:
53 1. Two incidents of violence or stalking committed by the
54 respondent, one of which must have been within 6 months of the
55 filing of the petition, which are directed against the
56 petitioner or the petitioner’s immediate family member;
57 2. One act committed by the respondent that causes bodily
58 injury to the petitioner; or
59 3. A death threat committed by the respondent against the
60 petitioner.
61 (c) “Sexual violence” means any one incident of:
62 1. Sexual battery, as defined in chapter 794;
63 2. A lewd or lascivious act, as defined in chapter 800,
64 committed upon or in the presence of a person younger than 16
65 years of age;
66 3. Luring or enticing a child, as described in chapter 787;
67 4. Sexual performance by a child, as described in chapter
68 827; or
69 5. Any other forcible felony wherein a sexual act is
70 committed or attempted,
71
72 regardless of whether criminal charges based on the incident
73 were filed, reduced, or dismissed by the state attorney.
74 (d) “Dating violence” means violence between individuals
75 who have or have had a continuing and significant relationship
76 of a romantic or intimate nature. The existence of such a
77 relationship must shall be determined based on the consideration
78 of the following factors:
79 1. A dating relationship must have existed within the past
80 6 months;
81 2. The nature of the relationship must have been
82 characterized by the expectation of affection or sexual
83 involvement between the parties; and
84 3. The frequency and type of interaction between the
85 persons involved in the relationship must have included that the
86 persons have been involved over time and on a continuous basis
87 during the course of the relationship.
88
89 The term does not include violence in a casual acquaintanceship
90 or violence between individuals who only have engaged in
91 ordinary fraternization in a business or social context.
92 (2) There is created a cause of action for an injunction
93 for protection in cases of repeat or serious violence, there is
94 created a separate cause of action for an injunction for
95 protection in cases of dating violence, and there is created a
96 separate cause of action for an injunction for protection in
97 cases of sexual violence.
98 (a) Any person who is the victim of repeat or serious
99 violence or the parent or legal guardian of any minor child who
100 is living at home and who seeks an injunction for protection
101 against repeat or serious violence on behalf of the minor child
102 has standing in the circuit court to file a verified petition
103 for an injunction for protection against repeat or serious
104 violence.
105 (b) Any person who is the victim of dating violence and has
106 reasonable cause to believe he or she is in imminent danger of
107 becoming the victim of another act of dating violence, or any
108 person who has reasonable cause to believe he or she is in
109 imminent danger of becoming the victim of an act of dating
110 violence, or the parent or legal guardian of any minor child who
111 is living at home and who seeks an injunction for protection
112 against dating violence on behalf of that minor child, has
113 standing in the circuit court to file a verified petition for an
114 injunction for protection against dating violence.
115 (c) A person who is the victim of sexual violence or the
116 parent or legal guardian of a minor child who is living at home
117 who is the victim of sexual violence has standing in the circuit
118 court to file a verified petition for an injunction for
119 protection against sexual violence on his or her own behalf or
120 on behalf of the minor child if:
121 1. The person has reported the sexual violence to a law
122 enforcement agency and is cooperating in any criminal proceeding
123 against the respondent, regardless of whether criminal charges
124 based on the sexual violence have been filed, reduced, or
125 dismissed by the state attorney; or
126 2. The respondent who committed the sexual violence against
127 the victim or minor child was sentenced to a term of
128 imprisonment in state prison for the sexual violence and the
129 respondent’s term of imprisonment has expired or is due to
130 expire within 90 days following the date the petition is filed.
131 (d) A cause of action for an injunction may be sought
132 whether or not any other petition, complaint, or cause of action
133 is currently available or pending between the parties.
134 (e) A cause of action for an injunction does not require
135 that the petitioner be represented by an attorney.
136 (3)(a) The clerk of the court shall provide a copy of this
137 section, simplified forms, and clerical assistance for the
138 preparation and filing of such a petition by any person who is
139 not represented by counsel.
140 (b) Notwithstanding any other law, the clerk of the court
141 may not assess a fee for filing a petition for protection
142 against repeat or serious violence, sexual violence, or dating
143 violence. However, subject to legislative appropriation, the
144 clerk of the court may, each quarter, submit to the Office of
145 the State Courts Administrator a certified request for
146 reimbursement for petitions for protection issued by the court
147 under this section at the rate of $40 per petition. The request
148 for reimbursement must shall be submitted in the form and manner
149 prescribed by the Office of the State Courts Administrator. From
150 this reimbursement, the clerk shall pay the law enforcement
151 agency serving the injunction the fee requested by the law
152 enforcement agency; however, this fee may not exceed $20.
153 (c) No bond is shall be required by the court for the entry
154 of an injunction.
155 (d) The clerk of the court shall provide the petitioner
156 with a certified copy of any injunction for protection against
157 repeat or serious violence, sexual violence, or dating violence
158 entered by the court.
159 (4)(a) The verified petition must shall allege the
160 incidents of repeat or serious violence, sexual violence, or
161 dating violence and must shall include the specific facts and
162 circumstances that form the basis upon which relief is sought.
163 With respect to a minor child who is living at home, the parent
164 or legal guardian seeking the protective injunction on behalf of
165 the minor child must:
166 1. Have been an eyewitness to, or have direct physical
167 evidence or affidavits from eyewitnesses of, the specific facts
168 and circumstances that form the basis upon which relief is
169 sought, if the party against whom the protective injunction is
170 sought is also a parent, stepparent, or legal guardian of the
171 minor child; or
172 2. Have reasonable cause to believe that the minor child is
173 a victim of repeat or serious violence, sexual violence, or
174 dating violence to form the basis upon which relief is sought,
175 if the party against whom the protective injunction is sought is
176 a person other than a parent, stepparent, or legal guardian of
177 the minor child.
178 (b) The verified petition must be in substantially the
179 following form:
180
181 PETITION FOR INJUNCTION FOR PROTECTION
182 AGAINST REPEAT OR SERIOUS VIOLENCE, SEXUAL
183 VIOLENCE, OR DATING VIOLENCE
184
185 The undersigned petitioner ...(name)... declares under
186 penalties of perjury that the following statements are true:
187
188 1. Petitioner resides at ...(address)... (A petitioner for
189 an injunction for protection against sexual violence may furnish
190 an address to the court in a separate confidential filing if,
191 for safety reasons, the petitioner requires the location of his
192 or her current residence to be confidential pursuant to s.
193 119.071(2)(j), Florida Statutes.)
194 2. Respondent resides at ...(address)....
195 3.a. Petitioner has suffered repeat or serious violence as
196 demonstrated by the fact that the respondent has: ...(enumerate
197 incidents of violence)...
198
199
200
201
202
203 b. Petitioner has suffered sexual violence as demonstrated
204 by the fact that the respondent has: ...(enumerate incident of
205 violence and include incident report number from law enforcement
206 agency or attach notice of inmate release)...
207
208
209
210
211
212 c. Petitioner is a victim of dating violence and has
213 reasonable cause to believe that he or she is in imminent danger
214 of becoming the victim of another act of dating violence or has
215 reasonable cause to believe that he or she is in imminent danger
216 of becoming a victim of dating violence, as demonstrated by the
217 fact that the respondent has: ...(list the specific incident or
218 incidents of violence and describe the length of time of the
219 relationship, whether it has been in existence during the last 6
220 months, the nature of the relationship of a romantic or intimate
221 nature, the frequency and type of interaction, and any other
222 facts that characterize the relationship)...
223
224
225
226
227
228 4. Petitioner genuinely fears repeat or serious violence by
229 the respondent.
230 5. Petitioner seeks: an immediate injunction against the
231 respondent, enjoining him or her from committing any further
232 acts of violence; an injunction enjoining the respondent from
233 committing any further acts of violence; and an injunction
234 providing any terms the court deems necessary for the protection
235 of the petitioner and the petitioner’s immediate family,
236 including any injunctions or directives to law enforcement
237 agencies.
238
239 (c) Every petition for an injunction against sexual
240 violence, dating violence, or repeat or serious violence must
241 contain, directly above the signature line, a statement in all
242 capital letters and bold type not smaller than the surrounding
243 text, as follows:
244
245 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ
246 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
247 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN
248 THIS PETITION ARE BEING MADE UNDER PENALTIES OF
249 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,
250 FLORIDA STATUTES.
251
252 ...(initials)...
253
254 (5) Upon the filing of the petition, the court shall set a
255 hearing to be held at the earliest possible time. The respondent
256 must shall be personally served with a copy of the petition,
257 notice of hearing, and temporary injunction, if any, before
258 prior to the hearing.
259 (6)(a) When it appears to the court that an immediate and
260 present danger of violence exists, the court may grant a
261 temporary injunction which may be granted in an ex parte
262 hearing, pending a full hearing, and may grant such relief as
263 the court deems proper, including an injunction enjoining the
264 respondent from committing any acts of violence.
265 (b) Except as provided in s. 90.204, in a hearing ex parte
266 for the purpose of obtaining such temporary injunction, no
267 evidence other than the verified pleading or affidavit may shall
268 be used as evidence, unless the respondent appears at the
269 hearing or has received reasonable notice of the hearing.
270 (c) Any such ex parte temporary injunction is shall be
271 effective for a fixed period not to exceed 15 days. However, an
272 ex parte temporary injunction granted under subparagraph
273 (2)(c)2. is effective for 15 days following the date the
274 respondent is released from incarceration. A full hearing, as
275 provided by this section, must shall be set for a date no later
276 than the date when the temporary injunction ceases to be
277 effective. The court may grant a continuance of the ex parte
278 injunction and the full hearing before or during a hearing, for
279 good cause shown by any party.
280 (7) Upon notice and hearing, the court may grant such
281 relief as the court deems proper, including an injunction:
282 (a) Enjoining the respondent from committing any acts of
283 violence.
284 (b) Ordering such other relief as the court deems necessary
285 for the protection of the petitioner, including injunctions or
286 directives to law enforcement agencies, as provided in this
287 section.
288 (c) The terms of the injunction shall remain in full force
289 and effect until modified or dissolved. Either party may move at
290 any time to modify or dissolve the injunction. Such relief may
291 be granted in addition to other civil or criminal remedies.
292 (d) A temporary or final judgment on injunction for
293 protection against repeat or serious violence, sexual violence,
294 or dating violence entered pursuant to this section must shall,
295 on its face, indicate that:
296 1. The injunction is valid and enforceable in all counties
297 of the State of Florida.
298 2. Law enforcement officers may use their arrest powers
299 pursuant to s. 901.15(6) to enforce the terms of the injunction.
300 3. The court had jurisdiction over the parties and matter
301 under the laws of Florida and that reasonable notice and
302 opportunity to be heard was given to the person against whom the
303 order is sought sufficient to protect that person’s right to due
304 process.
305 4. The date that the respondent was served with the
306 temporary or final order, if obtainable.
307 (8)(a)1. Within 24 hours after the court issues an
308 injunction for protection against repeat or serious violence,
309 sexual violence, or dating violence, the clerk of the court
310 shall electronically transmit a copy of the petition, notice of
311 hearing, and temporary injunction, if any, to the sheriff or a
312 law enforcement agency of the county where the respondent
313 resides or can be found, who shall serve it upon the respondent
314 as soon thereafter as possible on any day of the week and at any
315 time of the day or night. An electronic copy of an injunction
316 must be certified by the clerk of the court, and the electronic
317 copy must be served in the same manner as a certified copy. Upon
318 receiving an electronic copy of the injunction, the sheriff must
319 verify receipt with the sender before attempting to serve it
320 upon the respondent. In addition, if the sheriff is in
321 possession of an injunction for protection that has been
322 certified by the clerk of the court, the sheriff may
323 electronically transmit a copy of that injunction to a law
324 enforcement officer who shall serve it in the same manner as a
325 certified copy. The clerk of the court is responsible for
326 furnishing to the sheriff such information on the respondent’s
327 physical description and location as is required by the
328 department to comply with the verification procedures set forth
329 in this section. Notwithstanding any other law to the contrary,
330 the chief judge of each circuit, in consultation with the
331 appropriate sheriff, may authorize a law enforcement agency
332 within the chief judge’s jurisdiction to effect this type of
333 service and to receive a portion of the service fee. A person
334 may not serve or execute an injunction issued under this section
335 unless the person is a law enforcement officer as defined in
336 chapter 943.
337 2. When an injunction is issued, if the petitioner requests
338 the assistance of a law enforcement agency, the court may order
339 that an officer from the appropriate law enforcement agency
340 accompany the petitioner and assist in the execution or service
341 of the injunction. A law enforcement officer must accept a copy
342 of an injunction for protection against repeat or serious
343 violence, sexual violence, or dating violence, certified by the
344 clerk of the court, from the petitioner and immediately serve it
345 upon a respondent who has been located but not yet served.
346 (b) A Domestic, Dating, Sexual, and Repeat or Serious
347 Violence Injunction Statewide Verification System is created
348 within the Department of Law Enforcement. The department shall
349 establish, implement, and maintain a statewide communication
350 system capable of electronically transmitting information to and
351 between criminal justice agencies relating to domestic violence
352 injunctions, dating violence injunctions, sexual violence
353 injunctions, and repeat or serious violence injunctions issued
354 by the courts throughout the state. Such information must
355 include, but is not limited to, information as to the existence
356 and status of any injunction for verification purposes.
357 (c)1. Within 24 hours after the court issues an injunction
358 for protection against repeat or serious violence, sexual
359 violence, or dating violence or changes or vacates an injunction
360 for protection against repeat or serious violence, sexual
361 violence, or dating violence, the clerk of the court must
362 electronically transmit a copy of the injunction to the sheriff
363 with jurisdiction over the residence of the petitioner.
364 2. Within 24 hours after service of process of an
365 injunction for protection against repeat or serious violence,
366 sexual violence, or dating violence upon a respondent, the law
367 enforcement officer must electronically transmit the written
368 proof of service of process to the sheriff with jurisdiction
369 over the residence of the petitioner.
370 3. Within 24 hours after the sheriff receives a certified
371 copy of the injunction for protection against repeat or serious
372 violence, sexual violence, or dating violence, the sheriff must
373 make information relating to the injunction available to other
374 law enforcement agencies by electronically transmitting such
375 information to the department.
376 4. Within 24 hours after the sheriff or other law
377 enforcement officer has made service upon the respondent and the
378 sheriff has been so notified, the sheriff must make information
379 relating to the service available to other law enforcement
380 agencies by electronically transmitting such information to the
381 department.
382 5. Subject to available funding, the Florida Association of
383 Court Clerks and Comptrollers shall develop an automated process
384 by which a petitioner may request notification of service of the
385 injunction for protection against repeat or serious violence,
386 sexual violence, or dating violence and other court actions
387 related to the injunction for protection. The automated notice
388 must be made within 12 hours after the sheriff or other law
389 enforcement officer serves the injunction upon the respondent.
390 The notification must include, at a minimum, the date, time, and
391 location where the injunction for protection against repeat or
392 serious violence, sexual violence, or dating violence was
393 served. The Florida Association of Court Clerks and Comptrollers
394 may apply for any available grants to fund the development of
395 the automated process.
396 6. Within 24 hours after an injunction for protection
397 against repeat or serious violence, sexual violence, or dating
398 violence is lifted, terminated, or otherwise rendered no longer
399 effective by ruling of the court, the clerk of the court must
400 notify the sheriff or local law enforcement agency receiving
401 original notification of the injunction as provided in
402 subparagraph 2. That agency shall, within 24 hours after
403 receiving such notification from the clerk of the court, notify
404 the department of such action of the court.
405 (d) The petitioner may request a Hope Card under s. 741.311
406 after the court has issued a final order of protection.
407 (9)(a) The court shall enforce, through a civil or criminal
408 contempt proceeding, a violation of an injunction for
409 protection. The court may enforce the respondent’s compliance
410 with the injunction by imposing a monetary assessment. The clerk
411 of the court shall collect and receive such assessments. On a
412 monthly basis, the clerk shall transfer the moneys collected
413 pursuant to this paragraph to the State Treasury for deposit in
414 the Crimes Compensation Trust Fund established in s. 960.21.
415 (b) If the respondent is arrested by a law enforcement
416 officer under s. 901.15(6) for committing an act of repeat or
417 serious violence, sexual violence, or dating violence in
418 violation of an injunction for protection, the respondent must
419 shall be held in custody until brought before the court as
420 expeditiously as possible for the purpose of enforcing the
421 injunction and for admittance to bail in accordance with chapter
422 903 and the applicable rules of criminal procedure, pending a
423 hearing.
424 (10) The petitioner or the respondent may move the court to
425 modify or dissolve an injunction at any time.
426 (11) Any law enforcement officer who investigates an
427 alleged incident of dating violence shall assist the victim to
428 obtain medical treatment if such is required as a result of the
429 alleged incident to which the officer responds. Any law
430 enforcement officer who investigates an alleged incident of
431 dating violence shall advise the victim of such violence that
432 there is a domestic violence center from which the victim may
433 receive services. The law enforcement officer shall give the
434 victim immediate notice of the legal rights and remedies
435 available on a standard form developed and distributed by the
436 Department of Law Enforcement. As necessary, the Department of
437 Law Enforcement shall revise the Legal Rights and Remedies
438 Notice to Victims to include a general summary of this section,
439 using simple English as well as Spanish, and shall distribute
440 the notice as a model form to be used by all law enforcement
441 agencies throughout this the state. The notice must shall
442 include:
443 (a) The resource listing, including telephone number, for
444 the area domestic violence center designated by the Department
445 of Children and Families; and
446 (b) A copy of the following statement: “IF YOU ARE THE
447 VICTIM OF DATING VIOLENCE, you may ask the state attorney to
448 file a criminal complaint. You also have the right to go to
449 court and file a petition requesting an injunction for
450 protection from dating violence which may include, but need not
451 be limited to, provisions that restrain the abuser from further
452 acts of abuse; direct the abuser to leave your household; and
453 prevent the abuser from entering your residence, school,
454 business, or place of employment.”
455 (12) When a law enforcement officer investigates an
456 allegation that an incident of dating violence has occurred, the
457 officer shall handle the incident pursuant to the arrest policy
458 provided in s. 901.15(7), and as developed in accordance with
459 subsections (13), (14), and (16). Whether or not an arrest is
460 made, the officer shall make a written police report that is
461 complete and clearly indicates that the alleged offense was an
462 incident of dating violence. Such report must shall be given to
463 the officer’s supervisor and filed with the law enforcement
464 agency in a manner that will permit data on dating violence
465 cases to be compiled. Such report must include:
466 (a) A description of physical injuries observed, if any.
467 (b) If a law enforcement officer decides not to make an
468 arrest or decides to arrest two or more parties, the grounds for
469 not arresting anyone or for arresting two or more parties.
470 (c) A statement which indicates that a copy of the legal
471 rights and remedies notice was given to the victim.
472
473 Whenever possible, the law enforcement officer shall obtain a
474 written statement from the victim and witnesses concerning the
475 alleged dating violence. The officer shall submit the report to
476 the supervisor or other person to whom the employer’s rules or
477 policies require reports of similar allegations of criminal
478 activity to be made. The law enforcement agency shall, without
479 charge, send a copy of the initial police report, as well as any
480 subsequent, supplemental, or related report, which excludes
481 victim or witness statements or other materials that are part of
482 an active criminal investigation and are exempt from disclosure
483 under chapter 119, to the nearest locally certified domestic
484 violence center within 24 hours after the agency’s receipt of
485 the report. The report furnished to the domestic violence center
486 must include a narrative description of the dating violence
487 incident.
488 (13) Whenever a law enforcement officer determines upon
489 probable cause that an act of dating violence has been committed
490 within the jurisdiction, or that a person has violated a
491 condition of pretrial release as provided in s. 903.047 and the
492 original arrest was for an act of dating violence, the officer
493 may arrest the person or persons suspected of its commission and
494 charge such person or persons with the appropriate crime. The
495 decision to arrest and charge does shall not require consent of
496 the victim or consideration of the relationship of the parties.
497 (14)(a) When complaints are received from two or more
498 parties, the officers shall evaluate each complaint separately
499 to determine whether there is probable cause for arrest.
500 (b) If a law enforcement officer has probable cause to
501 believe that two or more persons have committed a misdemeanor or
502 felony, or if two or more persons make complaints to the
503 officer, the officer must shall try to determine who was the
504 primary aggressor. Arrest is the preferred response only with
505 respect to the primary aggressor and not the preferred response
506 with respect to a person who acts in a reasonable manner to
507 protect or defend himself or herself or another family or
508 household member from dating violence.
509 (15) A person who willfully violates a condition of
510 pretrial release provided in s. 903.047, when the original
511 arrest was for an act of dating violence as defined in this
512 section, commits a misdemeanor of the first degree, punishable
513 as provided in s. 775.082 or s. 775.083, and shall be held in
514 custody until his or her first appearance.
515 (16) A law enforcement officer acting in good faith under
516 this section and the officer’s employing agency shall be immune
517 from all liability, civil or criminal, that might otherwise be
518 incurred or imposed by reason of the officer’s or agency’s
519 actions in carrying out the provisions of this section.
520 Section 2. Paragraph (a) of subsection (5) of section
521 44.407, Florida Statutes, is amended to read:
522 44.407 Elder-focused dispute resolution process.—
523 (5) QUALIFICATIONS FOR ELDERCARING COORDINATORS.—
524 (a) The court shall appoint qualified eldercaring
525 coordinators who:
526 1. Meet one of the following professional requirements:
527 a. Are licensed as a mental health professional under
528 chapter 491 and hold at least a master’s degree in the
529 professional field of practice;
530 b. Are licensed as a psychologist under chapter 490;
531 c. Are licensed as a physician under chapter 458 or chapter
532 459;
533 d. Are licensed as a nurse under chapter 464 and hold at
534 least a master’s degree;
535 e. Are certified by the Florida Supreme Court as a family
536 mediator and hold at least a master’s degree;
537 f. Are a member in good standing of The Florida Bar; or
538 g. Are a professional guardian as defined in s. 744.102(17)
539 and hold at least a master’s degree.
540 2. Have completed all of the following:
541 a. Three years of postlicensure or postcertification
542 practice;
543 b. A family mediation training program certified by the
544 Florida Supreme Court; and
545 c. An eldercaring coordinator training program certified by
546 the Florida Supreme Court. The training must total at least 44
547 hours and must include advanced tactics for dispute resolution
548 of issues related to aging, illness, incapacity, or other
549 vulnerabilities associated with elders, as well as elder,
550 guardianship, and incapacity law and procedures and less
551 restrictive alternatives to guardianship; phases of eldercaring
552 coordination and the role and functions of an eldercaring
553 coordinator; the elder’s role within eldercaring coordination;
554 family dynamics related to eldercaring coordination; eldercaring
555 coordination skills and techniques; multicultural competence and
556 its use in eldercaring coordination; at least 6 hours of the
557 implications of elder abuse, neglect, and exploitation and other
558 safety issues pertinent to the training; at least 4 hours of
559 ethical considerations pertaining to the training; use of
560 technology within eldercaring coordination; and court-specific
561 eldercaring coordination procedures. Pending certification of a
562 training program by the Florida Supreme Court, the eldercaring
563 coordinator must document completion of training that satisfies
564 the hours and the elements prescribed in this sub-subparagraph.
565 3. Have successfully passed a Level 2 background screening
566 as provided in s. 435.04(2) and (3) or are exempt from
567 disqualification under s. 435.07. The prospective eldercaring
568 coordinator must submit a full set of fingerprints to the court
569 or to a vendor, entity, or agency authorized by s. 943.053(13).
570 The court, vendor, entity, or agency shall forward the
571 fingerprints to the Department of Law Enforcement for state
572 processing, and the Department of Law Enforcement shall forward
573 the fingerprints to the Federal Bureau of Investigation for
574 national processing. The prospective eldercaring coordinator
575 shall pay the fees for state and federal fingerprint processing.
576 The state cost for fingerprint processing shall be as provided
577 in s. 943.053(3)(e) for records provided to persons or entities
578 other than those specified as exceptions therein.
579 4. Have not been a respondent in a final order granting an
580 injunction for protection against domestic, dating, sexual, or
581 repeat or serious violence or stalking or exploitation of an
582 elder or a disabled person.
583 5. Have met any additional qualifications the court may
584 require to address issues specific to the parties.
585 Section 3. Paragraph (a) of subsection (3) of section
586 61.1825, Florida Statutes, is amended to read:
587 61.1825 State Case Registry.—
588 (3)(a) For the purpose of this section, a family violence
589 indicator must be placed on a record when:
590 1. A party executes a sworn statement requesting that a
591 family violence indicator be placed on that party’s record which
592 states that the party has reason to believe that release of
593 information to the Federal Case Registry may result in physical
594 or emotional harm to the party or the child; or
595 2. A temporary or final injunction for protection against
596 domestic violence has been granted pursuant to s. 741.30(6), an
597 injunction for protection against domestic violence has been
598 issued by a court of a foreign state pursuant to s. 741.315, or
599 a temporary or final injunction for protection against repeat or
600 serious violence has been granted pursuant to s. 784.046; or
601 3. The department has received information on a Title IV-D
602 case from the Domestic, Dating, Sexual, and Repeat or Serious
603 Violence Injunction Statewide Verification System, established
604 pursuant to s. 784.046(8)(b), that a court has granted a party a
605 domestic violence or repeat or serious violence injunction.
606 Section 4. Paragraph (k) of subsection (1) of section
607 119.0714, Florida Statutes, is amended to read:
608 119.0714 Court files; court records; official records.—
609 (1) COURT FILES.—Nothing in this chapter shall be construed
610 to exempt from s. 119.07(1) a public record that was made a part
611 of a court file and that is not specifically closed by order of
612 court, except:
613 (k)1. A petition, and the contents thereof, for an
614 injunction for protection against domestic violence, repeat or
615 serious violence, dating violence, sexual violence, stalking, or
616 cyberstalking that is dismissed without a hearing, dismissed at
617 an ex parte hearing due to failure to state a claim or lack of
618 jurisdiction, or dismissed for any reason having to do with the
619 sufficiency of the petition itself without an injunction being
620 issued on or after July 1, 2017, is exempt from s. 119.07(1) and
621 s. 24(a), Art. I of the State Constitution.
622 2. A petition, and the contents thereof, for an injunction
623 for protection against domestic violence, repeat or serious
624 violence, dating violence, sexual violence, stalking, or
625 cyberstalking that is dismissed without a hearing, dismissed at
626 an ex parte hearing due to failure to state a claim or lack of
627 jurisdiction, or dismissed for any reason having to do with the
628 sufficiency of the petition itself without an injunction being
629 issued before July 1, 2017, is exempt from s. 119.07(1) and s.
630 24(a), Art. I of the State Constitution only upon request by an
631 individual named in the petition as a respondent. The request
632 must be in the form of a signed, legibly written request
633 specifying the case name, case number, document heading, and
634 page number. The request must be delivered by mail, facsimile,
635 or electronic transmission or in person to the clerk of the
636 court. A fee may not be charged for such request.
637 3. Any information that can be used to identify a
638 petitioner or respondent in a petition for an injunction against
639 domestic violence, repeat or serious violence, dating violence,
640 sexual violence, stalking, or cyberstalking, and any affidavits,
641 notice of hearing, and temporary injunction, is confidential and
642 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
643 Constitution until the respondent has been personally served
644 with a copy of the petition for injunction, affidavits, notice
645 of hearing, and temporary injunction.
646 Section 5. Paragraph (e) of subsection (2) of section
647 394.4597, Florida Statutes, is amended to read:
648 394.4597 Persons to be notified; patient’s representative.—
649 (2) INVOLUNTARY PATIENTS.—
650 (e) The following persons are prohibited from selection as
651 a patient’s representative:
652 1. A professional providing clinical services to the
653 patient under this part.
654 2. The licensed professional who initiated the involuntary
655 examination of the patient, if the examination was initiated by
656 professional certificate.
657 3. An employee, an administrator, or a board member of the
658 facility providing the examination of the patient.
659 4. An employee, an administrator, or a board member of a
660 treatment facility providing treatment for the patient.
661 5. A person providing any substantial professional services
662 to the patient, including clinical services.
663 6. A creditor of the patient.
664 7. A person subject to an injunction for protection against
665 domestic violence under s. 741.30, whether the order of
666 injunction is temporary or final, and for which the patient was
667 the petitioner.
668 8. A person subject to an injunction for protection against
669 repeat or serious violence, stalking, sexual violence, or dating
670 violence under s. 784.046, whether the order of injunction is
671 temporary or final, and for which the patient was the
672 petitioner.
673 Section 6. Paragraph (h) of subsection (2) of section
674 394.4598, Florida Statutes, is amended to read:
675 394.4598 Guardian advocate.—
676 (2) The following persons are prohibited from appointment
677 as a patient’s guardian advocate:
678 (h) A person subject to an injunction for protection
679 against repeat or serious violence, stalking, sexual violence,
680 or dating violence under s. 784.046, whether the order of
681 injunction is temporary or final, and for which the patient was
682 the petitioner.
683 Section 7. Subsection (3) of section 741.2901, Florida
684 Statutes, is amended to read:
685 741.2901 Domestic violence cases; prosecutors; legislative
686 intent; investigation; duty of circuits; first appearance.—
687 (3) Prior to a defendant’s first appearance in any charge
688 of domestic violence as defined in s. 741.28, the State
689 Attorney’s Office shall perform a thorough investigation of the
690 defendant’s history, including, but not limited to: prior
691 arrests for domestic violence, prior arrests for nondomestic
692 charges, prior injunctions for protection against domestic and
693 repeat or serious violence filed listing the defendant as
694 respondent and noting history of other victims, and prior walk
695 in domestic complaints filed against the defendant. This
696 information shall be presented at first appearance, when setting
697 bond, and when passing sentence, for consideration by the court.
698 When a defendant is arrested for an act of domestic violence,
699 the defendant shall be held in custody until brought before the
700 court for admittance to bail in accordance with chapter 903. In
701 determining bail, the court shall consider the safety of the
702 victim, the victim’s children, and any other person who may be
703 in danger if the defendant is released.
704 Section 8. Paragraph (c) of subsection (2) and paragraph
705 (b) of subsection (8) of section 741.30, Florida Statutes, are
706 amended to read:
707 741.30 Domestic violence; injunction; powers and duties of
708 court and clerk; petition; notice and hearing; temporary
709 injunction; issuance of injunction; statewide verification
710 system; enforcement; public records exemption.—
711 (2)
712 (c)1. The clerk of the court shall assist petitioners in
713 seeking both injunctions for protection against domestic
714 violence and enforcement for a violation thereof as specified in
715 this section.
716 2. All clerks’ offices shall provide simplified petition
717 forms for the injunction, any modifications, and the enforcement
718 thereof, including instructions for completion.
719 3. The clerk of the court shall advise petitioners of the
720 opportunity to apply for a certificate of indigence in lieu of
721 prepayment for the cost of the filing fee, as provided in
722 paragraph (a).
723 4. The clerk of the court shall ensure the petitioner’s
724 privacy to the extent practical while completing the forms for
725 injunctions for protection against domestic violence.
726 5. The clerk of the court shall provide petitioners with a
727 minimum of two certified copies of the order of injunction, one
728 of which is serviceable and will inform the petitioner of the
729 process for service and enforcement.
730 6. Clerks of court and appropriate staff in each county
731 shall receive training in the effective assistance of
732 petitioners as provided or approved by the Florida Association
733 of Court Clerks.
734 7. The clerk of the court in each county shall make
735 available informational brochures on domestic violence when such
736 brochures are provided by local certified domestic violence
737 centers.
738 8. The clerk of the court in each county shall distribute a
739 statewide uniform informational brochure to petitioners at the
740 time of filing for an injunction for protection against domestic
741 or repeat or serious violence when such brochures become
742 available. The brochure must include information about the
743 effect of giving the court false information about domestic
744 violence.
745 (8)
746 (b) A Domestic and Repeat or Serious Violence Injunction
747 Statewide Verification System is created within the Department
748 of Law Enforcement. The department shall establish, implement,
749 and maintain a statewide communication system capable of
750 electronically transmitting information to and between criminal
751 justice agencies relating to domestic violence injunctions and
752 repeat or serious violence injunctions issued by the courts
753 throughout the state. Such information must include, but is not
754 limited to, information as to the existence and status of any
755 injunction for verification purposes.
756 Section 9. Paragraph (b) of subsection (2) of section
757 741.313, Florida Statutes, is amended to read:
758 741.313 Unlawful action against employees seeking
759 protection.—
760 (2)
761 (b) This section applies if an employee uses the leave from
762 work to:
763 1. Seek an injunction for protection against domestic
764 violence or an injunction for protection in cases of repeat or
765 serious violence, dating violence, or sexual violence;
766 2. Obtain medical care or mental health counseling, or
767 both, for the employee or a family or household member to
768 address physical or psychological injuries resulting from the
769 act of domestic violence or sexual violence;
770 3. Obtain services from a victim services organization,
771 including, but not limited to, a domestic violence shelter or
772 program or a rape crisis center as a result of the act of
773 domestic violence or sexual violence;
774 4. Make the employee’s home secure from the perpetrator of
775 the domestic violence or sexual violence or to seek new housing
776 to escape the perpetrator; or
777 5. Seek legal assistance in addressing issues arising from
778 the act of domestic violence or sexual violence or to attend and
779 prepare for court-related proceedings arising from the act of
780 domestic violence or sexual violence.
781 Section 10. Subsection (1) of section 784.047, Florida
782 Statutes, is amended to read:
783 784.047 Penalties for violating protective injunction
784 against violators.—
785 (1) A person who willfully violates an injunction for
786 protection against repeat or serious violence, sexual violence,
787 or dating violence, issued pursuant to s. 784.046, or a foreign
788 protection order accorded full faith and credit pursuant to s.
789 741.315 by:
790 (a) Refusing to vacate the dwelling that the parties share;
791 (b) Going to, or being within 500 feet of, the petitioner’s
792 residence, school, place of employment, or a specified place
793 frequented regularly by the petitioner and any named family or
794 household member;
795 (c) Committing an act of repeat or serious violence, sexual
796 violence, or dating violence against the petitioner;
797 (d) Committing any other violation of the injunction
798 through an intentional unlawful threat, word, or act to do
799 violence to the petitioner;
800 (e) Telephoning, contacting, or otherwise communicating
801 with the petitioner directly or indirectly, unless the
802 injunction specifically allows indirect contact through a third
803 party;
804 (f) Knowingly and intentionally coming within 100 feet of
805 the petitioner’s motor vehicle, whether or not that vehicle is
806 occupied;
807 (g) Defacing or destroying the petitioner’s personal
808 property, including the petitioner’s motor vehicle; or
809 (h) Refusing to surrender firearms or ammunition if ordered
810 to do so by the court,
811
812 commits a misdemeanor of the first degree, punishable as
813 provided in s. 775.082 or s. 775.083, except as provided in
814 subsection (2).
815 Section 11. Subsection (4) of section 784.048, Florida
816 Statutes, is amended to read:
817 784.048 Stalking; definitions; penalties.—
818 (4) A person who, after an injunction for protection
819 against repeat or serious violence, sexual violence, or dating
820 violence pursuant to s. 784.046, or an injunction for protection
821 against domestic violence pursuant to s. 741.30, or after any
822 other court-imposed prohibition of conduct toward the subject
823 person or that person’s property, knowingly, willfully,
824 maliciously, and repeatedly follows, harasses, or cyberstalks
825 another person commits the offense of aggravated stalking, a
826 felony of the third degree, punishable as provided in s.
827 775.082, s. 775.083, or s. 775.084.
828 Section 12. Subsections (2) and (3) of section 790.06,
829 Florida Statutes, are amended to read:
830 790.06 License to carry concealed weapon or concealed
831 firearm.—
832 (2) The Department of Agriculture and Consumer Services
833 shall issue a license if the applicant:
834 (a) Is a resident of the United States and a citizen of the
835 United States or a permanent resident alien of the United
836 States, as determined by the United States Bureau of Citizenship
837 and Immigration Services, or is a consular security official of
838 a foreign government that maintains diplomatic relations and
839 treaties of commerce, friendship, and navigation with the United
840 States and is certified as such by the foreign government and by
841 the appropriate embassy in this country;
842 (b) Is 21 years of age or older;
843 (c) Does not suffer from a physical infirmity which
844 prevents the safe handling of a weapon or firearm;
845 (d) Is not ineligible to possess a firearm pursuant to s.
846 790.23 by virtue of having been convicted of a felony;
847 (e) Has not been:
848 1. Found guilty of a crime under the provisions of chapter
849 893 or similar laws of any other state relating to controlled
850 substances within a 3-year period immediately preceding the date
851 on which the application is submitted; or
852 2. Committed for the abuse of a controlled substance under
853 chapter 397 or under the provisions of former chapter 396 or
854 similar laws of any other state. An applicant who has been
855 granted relief from firearms disabilities pursuant to s.
856 790.065(2)(a)4.d. or pursuant to the law of the state in which
857 the commitment occurred is deemed not to be committed for the
858 abuse of a controlled substance under this subparagraph;
859 (f) Does not chronically and habitually use alcoholic
860 beverages or other substances to the extent that his or her
861 normal faculties are impaired. It shall be presumed that an
862 applicant chronically and habitually uses alcoholic beverages or
863 other substances to the extent that his or her normal faculties
864 are impaired if the applicant has been convicted under s.
865 790.151 or has been deemed a habitual offender under s.
866 856.011(3), or has had two or more convictions under s. 316.193
867 or similar laws of any other state, within the 3-year period
868 immediately preceding the date on which the application is
869 submitted;
870 (g) Desires a legal means to carry a concealed weapon or
871 concealed firearm for lawful self-defense;
872 (h) Demonstrates competence with a firearm by any one of
873 the following:
874 1. Completion of any hunter education or hunter safety
875 course approved by the Fish and Wildlife Conservation Commission
876 or a similar agency of another state;
877 2. Completion of any National Rifle Association firearms
878 safety or training course;
879 3. Completion of any firearms safety or training course or
880 class available to the general public offered by a law
881 enforcement agency, junior college, college, or private or
882 public institution or organization or firearms training school,
883 using instructors certified by the National Rifle Association,
884 Criminal Justice Standards and Training Commission, or the
885 Department of Agriculture and Consumer Services;
886 4. Completion of any law enforcement firearms safety or
887 training course or class offered for security guards,
888 investigators, special deputies, or any division or subdivision
889 of a law enforcement agency or security enforcement;
890 5. Presents evidence of equivalent experience with a
891 firearm through participation in organized shooting competition
892 or military service;
893 6. Is licensed or has been licensed to carry a concealed
894 weapon or concealed firearm in this state or a county or
895 municipality of this state, unless such license has been revoked
896 for cause; or
897 7. Completion of any firearms training or safety course or
898 class conducted by a state-certified or National Rifle
899 Association certified firearms instructor;
900
901 A photocopy of a certificate of completion of any of the courses
902 or classes; an affidavit from the instructor, school, club,
903 organization, or group that conducted or taught such course or
904 class attesting to the completion of the course or class by the
905 applicant; or a copy of any document that shows completion of
906 the course or class or evidences participation in firearms
907 competition shall constitute evidence of qualification under
908 this paragraph. A person who conducts a course pursuant to
909 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
910 an instructor, attests to the completion of such courses, must
911 maintain records certifying that he or she observed the student
912 safely handle and discharge the firearm in his or her physical
913 presence and that the discharge of the firearm included live
914 fire using a firearm and ammunition as defined in s. 790.001;
915 (i) Has not been adjudicated an incapacitated person under
916 s. 744.331, or similar laws of any other state. An applicant who
917 has been granted relief from firearms disabilities pursuant to
918 s. 790.065(2)(a)4.d. or pursuant to the law of the state in
919 which the adjudication occurred is deemed not to have been
920 adjudicated an incapacitated person under this paragraph;
921 (j) Has not been committed to a mental institution under
922 chapter 394, or similar laws of any other state. An applicant
923 who has been granted relief from firearms disabilities pursuant
924 to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
925 which the commitment occurred is deemed not to have been
926 committed in a mental institution under this paragraph;
927 (k) Has not had adjudication of guilt withheld or
928 imposition of sentence suspended on any felony unless 3 years
929 have elapsed since probation or any other conditions set by the
930 court have been fulfilled, or expunction has occurred;
931 (l) Has not had adjudication of guilt withheld or
932 imposition of sentence suspended on any misdemeanor crime of
933 domestic violence unless 3 years have elapsed since probation or
934 any other conditions set by the court have been fulfilled, or
935 the record has been expunged;
936 (m) Has not been issued an injunction that is currently in
937 force and effect and that restrains the applicant from
938 committing acts of domestic violence or acts of repeat or
939 serious violence; and
940 (n) Is not prohibited from purchasing or possessing a
941 firearm by any other provision of Florida or federal law.
942 (3) The Department of Agriculture and Consumer Services
943 shall deny a license if the applicant has been found guilty of,
944 had adjudication of guilt withheld for, or had imposition of
945 sentence suspended for one or more crimes of violence
946 constituting a misdemeanor, unless 3 years have elapsed since
947 probation or any other conditions set by the court have been
948 fulfilled or the record has been sealed or expunged. The
949 Department of Agriculture and Consumer Services shall revoke a
950 license if the licensee has been found guilty of, had
951 adjudication of guilt withheld for, or had imposition of
952 sentence suspended for one or more crimes of violence within the
953 preceding 3 years. The department shall, upon notification by a
954 law enforcement agency, a court, or the Florida Department of
955 Law Enforcement and subsequent written verification, suspend a
956 license or the processing of an application for a license if the
957 licensee or applicant is arrested or formally charged with a
958 crime that would disqualify such person from having a license
959 under this section, until final disposition of the case. The
960 department shall suspend a license or the processing of an
961 application for a license if the licensee or applicant is issued
962 an injunction that restrains the licensee or applicant from
963 committing acts of domestic violence or acts of repeat or
964 serious violence.
965 Section 13. Paragraph (c) of subsection (2) of section
966 790.065, Florida Statutes, is amended to read:
967 790.065 Sale and delivery of firearms.—
968 (2) Upon receipt of a request for a criminal history record
969 check, the Department of Law Enforcement shall, during the
970 licensee’s call or by return call, forthwith:
971 (c)1. Review any records available to it to determine
972 whether the potential buyer or transferee has been indicted or
973 has had an information filed against her or him for an offense
974 that is a felony under either state or federal law, or, as
975 mandated by federal law, has had an injunction for protection
976 against domestic violence entered against the potential buyer or
977 transferee under s. 741.30, has had an injunction for protection
978 against repeat or serious violence entered against the potential
979 buyer or transferee under s. 784.046, or has been arrested for a
980 dangerous crime as specified in s. 907.041(5)(a) or for any of
981 the following enumerated offenses:
982 a. Criminal anarchy under ss. 876.01 and 876.02.
983 b. Extortion under s. 836.05.
984 c. Explosives violations under s. 552.22(1) and (2).
985 d. Controlled substances violations under chapter 893.
986 e. Resisting an officer with violence under s. 843.01.
987 f. Weapons and firearms violations under this chapter.
988 g. Treason under s. 876.32.
989 h. Assisting self-murder under s. 782.08.
990 i. Sabotage under s. 876.38.
991 j. Stalking or aggravated stalking under s. 784.048.
992
993 If the review indicates any such indictment, information, or
994 arrest, the department must shall provide to the licensee a
995 conditional nonapproval number.
996 2. Within 24 working hours, the department shall determine
997 the disposition of the indictment, information, or arrest and
998 inform the licensee as to whether the potential buyer is
999 prohibited from receiving or possessing a firearm. For purposes
1000 of this paragraph, “working hours” means the hours from 8 a.m.
1001 to 5 p.m. Monday through Friday, excluding legal holidays.
1002 3. The office of the clerk of court, at no charge to the
1003 department, shall respond to any department request for data on
1004 the disposition of the indictment, information, or arrest as
1005 soon as possible, but in no event later than 8 working hours.
1006 4. The department shall determine as quickly as possible
1007 within the allotted time period whether the potential buyer is
1008 prohibited from receiving or possessing a firearm.
1009 5. If the potential buyer is not so prohibited, or if the
1010 department cannot determine the disposition information within
1011 the allotted time period, the department must shall provide the
1012 licensee with a conditional approval number.
1013 6. If the buyer is so prohibited, the conditional
1014 nonapproval number must shall become a nonapproval number.
1015 7. The department shall continue its attempts to obtain the
1016 disposition information and may retain a record of all approval
1017 numbers granted without sufficient disposition information. If
1018 the department later obtains disposition information which
1019 indicates:
1020 a. That the potential buyer is not prohibited from owning a
1021 firearm, it must shall treat the record of the transaction in
1022 accordance with this section; or
1023 b. That the potential buyer is prohibited from owning a
1024 firearm, it must shall immediately revoke the conditional
1025 approval number and notify local law enforcement.
1026 8. During the time that disposition of the indictment,
1027 information, or arrest is pending and until the department is
1028 notified by the potential buyer that there has been a final
1029 disposition of the indictment, information, or arrest, the
1030 conditional nonapproval number must shall remain in effect.
1031 Section 14. Paragraph (m) of subsection (2) of section
1032 934.03, Florida Statutes, is amended to read:
1033 934.03 Interception and disclosure of wire, oral, or
1034 electronic communications prohibited.—
1035 (2)
1036 (m) It is lawful under this section and ss. 934.04-934.09
1037 for a person who is protected under an active temporary or final
1038 injunction for repeat or serious violence, sexual violence, or
1039 dating violence under s. 784.046; stalking under s. 784.0485;
1040 domestic violence under s. 741.30; or any other court-imposed
1041 prohibition of conduct toward the person to intercept and record
1042 a wire, oral, or electronic communication received in violation
1043 of such injunction or court order. A recording authorized under
1044 this paragraph may be provided to a law enforcement agency, an
1045 attorney, or a court for the purpose of evidencing a violation
1046 of an injunction or court order if the subject of the injunction
1047 or court order prohibiting contact has been served the
1048 injunction or is on notice that the conduct is prohibited. A
1049 recording authorized under this paragraph may not be otherwise
1050 disseminated or shared.
1051 Section 15. Paragraph (e) of subsection (2) of section
1052 943.05, Florida Statutes, is amended to read:
1053 943.05 Criminal Justice Information Program; duties; crime
1054 reports.—
1055 (2) The program shall:
1056 (e) Establish, implement, and maintain a Domestic and
1057 Repeat or Serious Violence Injunction Statewide Verification
1058 System capable of electronically transmitting information to and
1059 between criminal justice agencies relating to domestic violence
1060 injunctions, injunctions to prevent child abuse issued under
1061 chapter 39, and repeat or serious violence injunctions issued by
1062 the courts throughout the state. Such information must include,
1063 but is not limited to, information as to the existence and
1064 status of any such injunction for verification purposes.
1065 Section 16. For the purpose of incorporating the amendment
1066 made by this act to section 784.046, Florida Statutes, in
1067 references thereto, paragraphs (a), (c), and (d) of subsection
1068 (8) of section 28.2221, Florida Statutes, are reenacted to read:
1069 28.2221 Electronic access to official records.—
1070 (8)(a) Each county recorder or clerk of the court must make
1071 the identity of each respondent against whom a final judgment
1072 for an injunction for the protection of a minor under s. 741.30,
1073 s. 784.046, or s. 784.0485 is entered, as well as the fact that
1074 a final judgment for an injunction for the protection of a minor
1075 under s. 741.30, s. 784.046, or s. 784.0485 has been entered
1076 against that respondent, publicly available on the county
1077 recorder’s or clerk of the court’s official website, unless the
1078 respondent is a minor. The identity and information required
1079 under this subsection must be viewable through a searchable
1080 database that is available in a clear and conspicuous location
1081 on the homepage of the county recorder’s or clerk of the court’s
1082 official website and must be available for search by the general
1083 public.
1084 (c) Any information specified in this subsection not made
1085 available by the county clerk of the court as provided in this
1086 subsection before July 1, 2024, must be made publicly available
1087 on the county recorder’s or clerk of the court’s official
1088 website if the affected party identifies the information and
1089 requests that such information be added for general public
1090 display. Such request must be in writing and delivered by mail,
1091 facsimile, or electronic transmission or in person to the county
1092 recorder or clerk of the court. The request must specify the
1093 case number assigned to the final judgment for an injunction for
1094 the protection of a minor under s. 741.30, s. 784.046, or s.
1095 784.0485. A fee may not be charged for the addition of
1096 information pursuant to such request.
1097 (d) No later than 30 days after July 1, 2024, notice of the
1098 right of any affected party to request the addition of
1099 information to the searchable database on the county recorder’s
1100 or clerk of the court’s official website pursuant to this
1101 subsection must be conspicuously and clearly displayed by the
1102 county recorder or clerk of the court on the county recorder’s
1103 or clerk of the court’s official website on which images or
1104 copies of the county’s public records are placed and in the
1105 office of each county recorder or clerk of the court. Such
1106 notice must contain appropriate instructions for making the
1107 addition of information request in person, by mail, by
1108 facsimile, or by electronic transmission. The notice must state,
1109 in substantially similar form, that any person has a right to
1110 request that a county recorder or clerk of the court add
1111 information to the searchable database on the county recorder’s
1112 or clerk of the court’s official website if that information
1113 involves the identity of a respondent against whom a final
1114 judgment for an injunction for the protection of a minor under
1115 s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the
1116 respondent is a minor. The notice must also state that the
1117 information related to the identity of each respondent against
1118 whom a final judgment for an injunction for the protection of a
1119 minor under s. 741.30, s. 784.046, or s. 784.0485 is entered is
1120 available for search by the general public. The notice must
1121 include step-by-step instructions detailing how a user can
1122 access the searchable database and search for such information.
1123 Such request must be made in writing and delivered by mail,
1124 facsimile, or electronic transmission or in person to the county
1125 recorder or clerk of the court. The request must specify the
1126 case number assigned to the final judgment for an injunction for
1127 the protection of a minor under s. 741.30, s. 784.046, or s.
1128 784.0485. A fee may not be charged for the addition of a
1129 document pursuant to such request.
1130 Section 17. For the purpose of incorporating the amendment
1131 made by this act to section 784.046, Florida Statutes, in a
1132 reference thereto, subsection (1) of section 61.1827, Florida
1133 Statutes, is reenacted to read:
1134 61.1827 Identifying information concerning applicants for
1135 and recipients of child support services.—
1136 (1) Any information that reveals the identity of applicants
1137 for or recipients of child support services, including the name,
1138 address, and telephone number of such persons, held by a non
1139 Title IV-D county child support enforcement agency is
1140 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1141 of the State Constitution. The use or disclosure of such
1142 information by the non-Title IV-D county child support
1143 enforcement agency is limited to the purposes directly connected
1144 with:
1145 (a) Any investigation, prosecution, or criminal or civil
1146 proceeding connected with the administration of any non-Title
1147 IV-D county child support enforcement program;
1148 (b) Mandatory disclosure of identifying and location
1149 information as provided in s. 61.13(7) by the non-Title IV-D
1150 county child support enforcement agency when providing non-Title
1151 IV-D services;
1152 (c) Mandatory disclosure of information as required by ss.
1153 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
1154 Social Security Act; or
1155 (d) Disclosure to an authorized person, as defined in 45
1156 C.F.R. s. 303.15, for purposes of enforcing any state or federal
1157 law with respect to the unlawful taking or restraint of a child
1158 or making or enforcing a parenting plan. As used in this
1159 paragraph, the term “authorized person” includes a parent with
1160 whom the child does not currently reside, unless a court has
1161 entered an order under s. 741.30, s. 741.31, or s. 784.046.
1162 Section 18. For the purpose of incorporating the amendment
1163 made by this act to section 784.046, Florida Statutes, in a
1164 reference thereto, subsection (2) of section 741.311, Florida
1165 Statutes, is reenacted to read:
1166 741.311 Hope Card Program for persons issued orders of
1167 protection.—
1168 (2) Beginning October 1, 2024, a person who has been issued
1169 a final judgment on injunction for protection under s. 741.30,
1170 s. 784.046, s. 784.0485, or s. 825.1035 may request a Hope Card
1171 from the clerk of the court of the circuit in which the order
1172 for an injunction for protection was entered. A person may
1173 request a Hope Card at the time the final judgment on injunction
1174 for protection is issued or at any other time before the
1175 expiration of the order for protection.
1176 Section 19. For the purpose of incorporating the amendment
1177 made by this act to section 784.046, Florida Statutes, in a
1178 reference thereto, subsection (2) of section 741.315, Florida
1179 Statutes, is reenacted to read:
1180 741.315 Recognition of foreign protection orders.—
1181 (2) Pursuant to 18 U.S.C. s. 2265, an injunction for
1182 protection against domestic violence issued by a court of a
1183 foreign state must be accorded full faith and credit by the
1184 courts of this state and enforced by a law enforcement agency as
1185 if it were the order of a Florida court issued under s. 741.30,
1186 s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487,
1187 and provided that the court had jurisdiction over the parties
1188 and the matter and that reasonable notice and opportunity to be
1189 heard was given to the person against whom the order is sought
1190 sufficient to protect that person’s right to due process. Ex
1191 parte foreign injunctions for protection are not eligible for
1192 enforcement under this section unless notice and opportunity to
1193 be heard have been provided within the time required by the
1194 foreign state or tribal law, and in any event within a
1195 reasonable time after the order is issued, sufficient to protect
1196 the respondent’s due process rights.
1197 Section 20. For the purpose of incorporating the amendment
1198 made by this act to section 784.046, Florida Statutes, in
1199 references thereto, paragraph (e) of subsection (2) and
1200 paragraph (c) of subsection (3) of section 790.401, Florida
1201 Statutes, are reenacted to read:
1202 790.401 Risk protection orders.—
1203 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
1204 an action known as a petition for a risk protection order.
1205 (e) A petition must:
1206 1. Allege that the respondent poses a significant danger of
1207 causing personal injury to himself or herself or others by
1208 having a firearm or any ammunition in his or her custody or
1209 control or by purchasing, possessing, or receiving a firearm or
1210 any ammunition, and must be accompanied by an affidavit made
1211 under oath stating the specific statements, actions, or facts
1212 that give rise to a reasonable fear of significant dangerous
1213 acts by the respondent;
1214 2. Identify the quantities, types, and locations of all
1215 firearms and ammunition the petitioner believes to be in the
1216 respondent’s current ownership, possession, custody, or control;
1217 and
1218 3. Identify whether there is a known existing protection
1219 order governing the respondent under s. 741.30, s. 784.046, or
1220 s. 784.0485 or under any other applicable statute.
1221 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
1222 (c) In determining whether grounds for a risk protection
1223 order exist, the court may consider any relevant evidence,
1224 including, but not limited to, any of the following:
1225 1. A recent act or threat of violence by the respondent
1226 against himself or herself or others, whether or not such
1227 violence or threat of violence involves a firearm.
1228 2. An act or threat of violence by the respondent within
1229 the past 12 months, including, but not limited to, acts or
1230 threats of violence by the respondent against himself or herself
1231 or others.
1232 3. Evidence of the respondent being seriously mentally ill
1233 or having recurring mental health issues.
1234 4. A violation by the respondent of a risk protection order
1235 or a no contact order issued under s. 741.30, s. 784.046, or s.
1236 784.0485.
1237 5. A previous or existing risk protection order issued
1238 against the respondent.
1239 6. A violation of a previous or existing risk protection
1240 order issued against the respondent.
1241 7. Whether the respondent, in this state or any other
1242 state, has been convicted of, had adjudication withheld on, or
1243 pled nolo contendere to a crime that constitutes domestic
1244 violence as defined in s. 741.28.
1245 8. Whether the respondent has used, or has threatened to
1246 use, against himself or herself or others any weapons.
1247 9. The unlawful or reckless use, display, or brandishing of
1248 a firearm by the respondent.
1249 10. The recurring use of, or threat to use, physical force
1250 by the respondent against another person or the respondent
1251 stalking another person.
1252 11. Whether the respondent, in this state or any other
1253 state, has been arrested for, convicted of, had adjudication
1254 withheld on, or pled nolo contendere to a crime involving
1255 violence or a threat of violence.
1256 12. Corroborated evidence of the abuse of controlled
1257 substances or alcohol by the respondent.
1258 13. Evidence of recent acquisition of firearms or
1259 ammunition by the respondent.
1260 14. Any relevant information from family and household
1261 members concerning the respondent.
1262 15. Witness testimony, taken while the witness is under
1263 oath, relating to the matter before the court.
1264 Section 21. For the purpose of incorporating the amendment
1265 made by this act to section 784.046, Florida Statutes, in a
1266 reference thereto, subsection (6) of section 901.15, Florida
1267 Statutes, is reenacted to read:
1268 901.15 When arrest by officer without warrant is lawful.—A
1269 law enforcement officer may arrest a person without a warrant
1270 when:
1271 (6) There is probable cause to believe that the person has
1272 committed a criminal act according to s. 790.233 or according to
1273 s. 741.31, s. 784.047, or s. 825.1036 which violates an
1274 injunction for protection entered pursuant to s. 741.30, s.
1275 784.046, or s. 825.1035 or a foreign protection order accorded
1276 full faith and credit pursuant to s. 741.315, over the objection
1277 of the petitioner, if necessary.
1278 Section 22. For the purpose of incorporating the amendment
1279 made by this act to section 784.046, Florida Statutes, in a
1280 reference thereto, subsection (5) of section 901.41, Florida
1281 Statutes, is reenacted to read:
1282 901.41 Prearrest diversion programs.—
1283 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
1284 of domestic violence, as defined in s. 741.28, or a misdemeanor
1285 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
1286 s. 784.0487, or s. 784.049 does not qualify for a civil citation
1287 or prearrest diversion program.
1288 Section 23. For the purpose of incorporating the amendment
1289 made by this act to section 784.046, Florida Statutes, in a
1290 reference thereto, paragraph (p) of subsection (6) of section
1291 921.141, Florida Statutes, is reenacted to read:
1292 921.141 Sentence of death or life imprisonment for capital
1293 felonies; further proceedings to determine sentence.—
1294 (6) AGGRAVATING FACTORS.—Aggravating factors shall be
1295 limited to the following:
1296 (p) The capital felony was committed by a person subject to
1297 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1298 foreign protection order accorded full faith and credit pursuant
1299 to s. 741.315, and was committed against the petitioner who
1300 obtained the injunction or protection order or any spouse,
1301 child, sibling, or parent of the petitioner.
1302 Section 24. For the purpose of incorporating the amendment
1303 made by this act to section 784.046, Florida Statutes, in a
1304 reference thereto, paragraph (j) of subsection (7) of section
1305 921.1425, Florida Statutes, is reenacted to read:
1306 921.1425 Sentence of death or life imprisonment for capital
1307 sexual battery; further proceedings to determine sentence.—
1308 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
1309 limited to the following:
1310 (j) The capital felony was committed by a person subject to
1311 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1312 foreign protection order accorded full faith and credit pursuant
1313 to s. 741.315, and was committed against the petitioner who
1314 obtained the injunction or protection order or any spouse,
1315 child, sibling, or parent of the petitioner.
1316 Section 25. For the purpose of incorporating the amendment
1317 made by this act to section 784.046, Florida Statutes, in a
1318 reference thereto, subsection (3) of section 934.425, Florida
1319 Statutes, is reenacted to read:
1320 934.425 Installation or use of tracking devices or tracking
1321 applications; exceptions; penalties.—
1322 (3) For purposes of this section, a person’s consent is
1323 presumed to be revoked if:
1324 (a) The consenting person and the person to whom consent
1325 was given are lawfully married and one person files a petition
1326 for dissolution of marriage from the other; or
1327 (b) The consenting person or the person to whom consent was
1328 given files an injunction for protection against the other
1329 person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
1330 784.0485.
1331 Section 26. This act shall take effect July 1, 2025.