Florida Senate - 2026                                     SB 296
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00096-26                                            2026296__
    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 HAVEN Coordinating Council
    5         within the Department of Law Enforcement; requiring
    6         the department to provide certain services; defining
    7         terms; specifying the composition of the coordinating
    8         council; providing requirements for member
    9         appointments, election of a chair, and meetings;
   10         requiring that member appointments be completed and
   11         the first meeting of the coordinating council be held
   12         by dates certain; specifying duties of the
   13         coordinating council; authorizing counties to create
   14         county-level HAVEN councils; authorizing county-level
   15         HAVEN councils to take certain actions; requiring the
   16         coordinating council to provide certain quarterly
   17         reports; requiring the coordinating council to
   18         annually submit a certain report to specified entities
   19         and persons, the Governor, and the Legislature by a
   20         specified date; requiring county-level HAVEN councils
   21         to annually submit a certain report to the Department
   22         of Law Enforcement and the coordinating council by a
   23         specified date; providing for funding of the
   24         coordinating council; specifying that the act
   25         supersedes certain local regulations; providing for
   26         legislative review and repeal of the coordinating
   27         council; amending s. 741.401, F.S.; revising
   28         legislative findings to include victims of dating
   29         violence; reordering and amending s. 741.402, F.S.;
   30         defining the term “dating violence”; amending s.
   31         741.403, F.S.; providing that victims of dating
   32         violence may apply to participate in the Attorney
   33         General’s address confidentiality program; amending s.
   34         741.408, F.S.; requiring the Attorney General to
   35         designate certain entities to assist victims of dating
   36         violence applying to be address confidentiality
   37         program participants; amending ss. 741.465, 741.4651,
   38         and 960.001, F.S.; conforming provisions to changes
   39         made by the act; providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 741.317, Florida Statutes, is created to
   44  read:
   45         741.317Helping Abuse Victims Escape Now Act; coordinating
   46  council; membership; duties; reports; funding; preemption.—
   47         (1)SHORT TITLE.—This section may be cited as the “Helping
   48  Abuse Victims Escape Now (HAVEN) Act.”
   49         (2)CREATION.—The HAVEN Coordinating Council, a
   50  coordinating council as defined in s. 20.03, is created within
   51  the Department of Law Enforcement. The Department of Law
   52  Enforcement shall provide administrative and staff support
   53  services relating to the functions of the coordinating council.
   54         (3)DEFINITIONS.—As used in this section, the term:
   55         (a)“Dating violence” has the same meaning as in s.
   56  784.046(1)(d).
   57         (b)“Domestic violence” has the same meaning as in s.
   58  741.28.
   59         (c)“Dynamic website” means a website that generates
   60  webpages in real time and can change its content and layout
   61  depending on various parameters, such as user preferences, time
   62  of day, and location.
   63         (4)MEMBERSHIP; MEETINGS.—
   64         (a)The HAVEN Coordinating Council is composed of the
   65  following members:
   66         1.A representative from the Department of Law Enforcement,
   67  appointed by the executive director of the Department of Law
   68  Enforcement.
   69         2.A representative from a local law enforcement agency,
   70  appointed by the sheriff of the county in which the law
   71  enforcement agency is located.
   72         3.A representative from a victim services program,
   73  appointed by the secretary of the Department of Children and
   74  Families.
   75         4.A representative from a domestic violence advocacy
   76  group, appointed by the secretary of the Department of Children
   77  and Families.
   78         5.An expert in technology matters, appointed jointly by
   79  the President of the Senate and the Speaker of the House of
   80  Representatives.
   81         6.An attorney in good standing with The Florida Bar and
   82  who is a member of the Family Law Section of The Florida Bar,
   83  appointed by the president of The Florida Bar.
   84         7.Any other representative as determined by the HAVEN
   85  Coordinating Council, appointed by the chair of the council.
   86         (b)Appointments to the coordinating council must be made
   87  by September 1, 2026. Each member serves at the pleasure of the
   88  official who appointed the member. A vacancy on the coordinating
   89  council must be filled in the same manner as the original
   90  appointment.
   91         (c)The coordinating council shall elect a chair from among
   92  its members.
   93         (d)The first meeting of the coordinating council must be
   94  held no later than October 1, 2026. The coordinating council may
   95  hold its meetings through teleconference or other electronic
   96  means.
   97         (5)DUTIES.—The HAVEN Coordinating Council shall:
   98         (a)Develop a dynamic website that has the ability to do
   99  all of the following:
  100         1.Synchronize with law enforcement databases to ensure
  101  real-time data sharing and updates.
  102         2.Allow a user to generate a unique telephone number from
  103  which the user can call a 911 emergency telephone number when he
  104  or she is in need of assistance from law enforcement.
  105         3.Allow a user to choose a personalized numerical code or
  106  phrase that discreetly alerts a law enforcement agency or
  107  sheriff’s office when the user calls his or her uniquely
  108  generated telephone number.
  109         4.Automatically transmit specified data to a law
  110  enforcement agency or sheriff’s office when a user calls his or
  111  her generated telephone number and uses his or her personalized
  112  numerical code or phrase, which then triggers the immediate
  113  dispatch of a law enforcement officer or sheriff’s deputy to the
  114  user’s location.
  115         (b)Establish a public awareness campaign to inform the
  116  public about the dynamic website and its features.
  117         (c)Coordinate with local law enforcement agencies and
  118  sheriff’s offices to develop and implement a training program to
  119  ensure law enforcement officers are equipped to respond swiftly
  120  and effectively to alerts that are generated through the dynamic
  121  website.
  122         (d)Meet at least quarterly to review relevant data,
  123  identify trends, and determine alternative or additional avenues
  124  of support for victims of domestic violence or dating violence.
  125         (6)COUNTY-LEVEL HAVEN COUNCILS.—
  126         (a) Each county may establish a county-level HAVEN council.
  127  County-level councils shall operate in coordination with the
  128  HAVEN Coordinating Council and may collaborate with local
  129  domestic violence fatality review teams established pursuant to
  130  s. 741.316.
  131         (b) A county-level HAVEN council may do all of the
  132  following:
  133         1. Review cases involving domestic violence and dating
  134  violence, including fatalities and near-fatalities, in
  135  coordination with local domestic violence fatality review teams.
  136         2. Contribute to the development and maintenance of the
  137  dynamic website by providing localized data, resources, and
  138  impact metrics.
  139         (7) REPORTS.—
  140         (a) The HAVEN Coordinating Council shall do all of the
  141  following:
  142         1.Provide quarterly reports to local law enforcement
  143  agencies and sheriff’s offices.
  144         2.Beginning in 2027, annually by November 1 submit to the
  145  Governor, the Attorney General, the executive director of the
  146  Department of Law Enforcement, the President of the Senate, and
  147  the Speaker of the House of Representatives a report that
  148  compiles the progress and cost breakdowns relating to the
  149  establishment of the dynamic website and, once the dynamic
  150  website is functioning, statistics relating to the usage and
  151  effectiveness of the website and the effectiveness of the
  152  coordinating council.
  153         (b) Beginning in 2027, a county-level HAVEN council shall
  154  annually by November 1 submit to the Department of Law
  155  Enforcement and the HAVEN Coordinating Council a report
  156  summarizing the activities, findings, and recommendations of the
  157  county-level council.
  158         (8)FUNDING.—
  159         (a)The Legislature may appropriate funds annually to the
  160  Department of Law Enforcement to be used to implement this act.
  161         (b)The HAVEN Coordinating Council may apply for and
  162  receive grants and accept donations to support the development
  163  and maintenance of the dynamic website.
  164         (9)PREEMPTION.—This section supersedes any local
  165  government regulations on matters covered under this section. A
  166  local government or political subdivision may not administer,
  167  implement, or enforce any law, rule, regulation, standard, or
  168  provision that conflicts with this section.
  169         (10)REPEAL.—In accordance with s. 20.052(8), this section
  170  is repealed October 2, 2029, unless reviewed and saved from
  171  repeal through reenactment by the Legislature.
  172         Section 2. Section 741.401, Florida Statutes, is amended to
  173  read:
  174         741.401 Legislative findings; purpose.—The Legislature
  175  finds that persons attempting to escape from actual or
  176  threatened domestic violence or dating violence frequently
  177  establish new addresses in order to prevent their assailants or
  178  probable assailants from finding them. The purpose of ss.
  179  741.401-741.409 is to enable state and local agencies to respond
  180  to requests for public records without disclosing the location
  181  of a victim of domestic violence or dating violence, to enable
  182  interagency cooperation with the Attorney General in providing
  183  address confidentiality for victims of domestic violence or
  184  dating violence, and to enable state and local agencies to
  185  accept a program participant’s use of an address designated by
  186  the Attorney General as a substitute mailing address.
  187         Section 3. Section 741.402, Florida Statutes, is reordered
  188  and amended to read:
  189         741.402 Definitions; ss. 741.401-741.409.—Unless the
  190  context clearly requires otherwise, as used in ss. 741.401
  191  741.409, the term:
  192         (1) “Address” means a residential street address, school
  193  address, or work address of an individual, as specified on the
  194  individual’s application to be a program participant under ss.
  195  741.401-741.409.
  196         (4)(2) “Program participant” means a person certified as a
  197  program participant under s. 741.403.
  198         (2)Dating violence” means an act of violence as defined
  199  in s. 784.046(1)(a), including a threat of such an act,
  200  committed against an individual in a continuing and significant
  201  relationship as determined by the factors listed in s.
  202  784.046(1)(d), regardless of whether the act or threat has been
  203  reported to law enforcement.
  204         (3) “Domestic violence” means an act as defined in s.
  205  741.28 and includes a threat of such acts committed against an
  206  individual in a domestic situation, regardless of whether these
  207  acts or threats have been reported to law enforcement officers.
  208         Section 4. Paragraphs (a) and (d) of subsection (1) of
  209  section 741.403, Florida Statutes, are amended to read:
  210         741.403 Address confidentiality program; application;
  211  certification.—
  212         (1) An adult person, a parent or guardian acting on behalf
  213  of a minor, or a guardian acting on behalf of a person
  214  adjudicated incapacitated under chapter 744 may apply to the
  215  Attorney General to have an address designated by the Attorney
  216  General serve as the person’s address or the address of the
  217  minor or incapacitated person. To the extent possible within
  218  funds appropriated for this purpose, the Attorney General shall
  219  approve an application if it is filed in the manner and on the
  220  form prescribed by the Attorney General and if it contains all
  221  of the following:
  222         (a) A sworn statement by the applicant that the applicant
  223  has good reason to believe that the applicant, or the minor or
  224  incapacitated person on whose behalf the application is made, is
  225  a victim of domestic violence or dating violence, and that the
  226  applicant fears for his or her safety or his or her children’s
  227  safety or the safety of the minor or incapacitated person on
  228  whose behalf the application is made.
  229         (d) A statement that the new address or addresses that the
  230  applicant requests must not be disclosed for the reason that
  231  disclosure will increase the risk of domestic violence or dating
  232  violence.
  233         Section 5. Section 741.408, Florida Statutes, is amended to
  234  read:
  235         741.408 Assistance for program applicants.—The Attorney
  236  General shall designate state and local agencies and nonprofit
  237  agencies that provide counseling and shelter services to victims
  238  of domestic violence or dating violence to assist persons
  239  applying to be program participants. Assistance and counseling
  240  rendered by the Office of the Attorney General or its designees
  241  to applicants does not constitute legal advice.
  242         Section 6. Section 741.465, Florida Statutes, is amended to
  243  read:
  244         741.465 Public records exemption for the Address
  245  Confidentiality Program for Victims of Domestic Violence.—
  246         (1) For purposes of this section, the term “address” means
  247  a residential street address, school address, or work address,
  248  as specified on the individual’s application to be a program
  249  participant in the Address Confidentiality Program for Victims
  250  of Violence.
  251         (2) The addresses, corresponding telephone numbers, and
  252  social security numbers of program participants in the Address
  253  Confidentiality Program for Victims of Domestic Violence held by
  254  the Office of the Attorney General are exempt from s. 119.07(1)
  255  and s. 24(a), Art. I of the State Constitution, except the
  256  information may be disclosed under the following circumstances:
  257  to a law enforcement agency for purposes of assisting in the
  258  execution of a valid arrest warrant; if directed by a court
  259  order, to a person identified in the order; or if the
  260  certification has been canceled. For purposes of this section,
  261  the term “address” means a residential street address, school
  262  address, or work address, as specified on the individual’s
  263  application to be a program participant in the Address
  264  Confidentiality Program for Victims of Domestic Violence.
  265         (3)(2) The names, addresses, and telephone numbers of
  266  participants in the Address Confidentiality Program for Victims
  267  of Domestic Violence contained in voter registration and voting
  268  records held by the supervisor of elections and the Department
  269  of State are exempt from s. 119.07(1) and s. 24(a), Art. I of
  270  the State Constitution, except the information may be disclosed
  271  under the following circumstances: to a law enforcement agency
  272  for purposes of assisting in the execution of an arrest warrant
  273  or, if directed by a court order, to a person identified in the
  274  order. This exemption applies to information made exempt by this
  275  subsection before, on, or after the effective date of the
  276  exemption.
  277         Section 7. Section 741.4651, Florida Statutes, is amended
  278  to read:
  279         741.4651 Public records exemption; victims of stalking or
  280  aggravated stalking.—The names, addresses, and telephone numbers
  281  of persons who are victims of stalking or aggravated stalking
  282  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  283  Constitution in the same manner that the names, addresses, and
  284  telephone numbers of participants in the Address Confidentiality
  285  Program for Victims of Domestic Violence which are held by the
  286  Attorney General under s. 741.465 are exempt from disclosure,
  287  provided that the victim files a sworn statement of stalking
  288  with the Office of the Attorney General and otherwise complies
  289  with the procedures in ss. 741.401-741.409.
  290         Section 8. Paragraph (c) of subsection (1) of section
  291  960.001, Florida Statutes, is amended to read:
  292         960.001 Guidelines for fair treatment of victims and
  293  witnesses in the criminal justice and juvenile justice systems.—
  294         (1) The Department of Legal Affairs, the state attorneys,
  295  the Department of Corrections, the Department of Juvenile
  296  Justice, the Florida Commission on Offender Review, the State
  297  Courts Administrator and circuit court administrators, the
  298  Department of Law Enforcement, and every sheriff’s department,
  299  police department, or other law enforcement agency as defined in
  300  s. 943.10(4) shall develop and implement guidelines for the use
  301  of their respective agencies, which guidelines are consistent
  302  with the purposes of this act and s. 16(b), Art. I of the State
  303  Constitution and are designed to implement s. 16(b), Art. I of
  304  the State Constitution and to achieve the following objectives:
  305         (c) Information concerning protection available to victim
  306  or witness.—A victim or witness shall be furnished, as a matter
  307  of course, with information on steps that are available to law
  308  enforcement officers and state attorneys to protect victims and
  309  witnesses from intimidation. Victims of domestic violence or
  310  dating violence shall also be given information about the
  311  address confidentiality program provided under s. 741.403.
  312         Section 9. This act shall take effect July 1, 2026.