Florida Senate - 2026                              CS for SB 296
       
       
        
       By the Committee on Criminal Justice; and Senators Berman and
       Smith
       
       
       
       
       591-01742-26                                           2026296c1
    1                        A bill to be entitled                      
    2         An act relating to victims of domestic violence and
    3         dating violence; defining terms; requiring the
    4         Division of Telecommunications within the Department
    5         of Management Services to consult with certain
    6         entities to conduct a feasibility study regarding a
    7         specified alert system; providing requirements for
    8         such alert system; requiring the division to report to
    9         the Legislature the results of the feasibility study
   10         by a specified date; amending s. 741.401, F.S.;
   11         revising legislative findings to include victims of
   12         dating violence; reordering and amending s. 741.402,
   13         F.S.; defining the term “dating violence”; amending s.
   14         741.403, F.S.; authorizing victims of dating violence
   15         to apply to participate in the Attorney General’s
   16         address confidentiality program; amending s. 741.408,
   17         F.S.; requiring the Attorney General to designate
   18         certain entities to assist victims of dating violence
   19         applying to be address confidentiality program
   20         participants; amending ss. 741.4651 and 960.001, F.S.;
   21         conforming provisions to changes made by the act;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Domestic and dating violence 911 alert system
   27  feasibility study.—
   28         (1)As used in this section, the term:
   29         (a)“Division” means the Division of Telecommunications
   30  within the Department of Management Services.
   31         (b)“Enhanced 911” has the same meaning as in s.
   32  365.172(3), Florida Statutes.
   33         (c)“Next Generation 911” has the same meaning as in s.
   34  365.172(3), Florida Statutes.
   35         (d)“Public safety agency” has the same meaning as in s.
   36  365.172(3), Florida Statutes.
   37         (e)“Public safety answering point” or “PSAP” has the same
   38  meaning as in s. 365.172(3), Florida Statutes.
   39         (2)The division shall consult with enhanced 911 and Next
   40  Generation 911 service providers; state, county, and municipal
   41  PSAPs; and state and local public safety agencies to conduct a
   42  feasibility study regarding the creation of a web-based 911
   43  alert system for use by victims of domestic violence and dating
   44  violence which is capable of:
   45         (a)Ensuring real-time data-sharing between PSAPs and law
   46  enforcement agencies.
   47         (b)Creating a unique telephone number for each user which
   48  will connect the user to a PSAP.
   49         (c)Creating a user-generated numerical code or phrase that
   50  can be utilized by the user after contacting a PSAP and that
   51  indicates the user’s need for immediate law enforcement
   52  assistance.
   53         (d)Transmitting specified data to law enforcement agencies
   54  when a user calls from his or her unique telephone number and
   55  enters his or her numerical code or phrase.
   56         (3)By January 31, 2027, the division shall report to the
   57  President of the Senate and the Speaker of the House of
   58  Representatives the results of the feasibility study.
   59         Section 2. Section 741.401, Florida Statutes, is amended to
   60  read:
   61         741.401 Legislative findings; purpose.—The Legislature
   62  finds that persons attempting to escape from actual or
   63  threatened domestic violence or dating violence frequently
   64  establish new addresses in order to prevent their assailants or
   65  probable assailants from finding them. The purpose of ss.
   66  741.401-741.409 is to enable state and local agencies to respond
   67  to requests for public records without disclosing the location
   68  of a victim of domestic violence or dating violence, to enable
   69  interagency cooperation with the Attorney General in providing
   70  address confidentiality for victims of domestic violence and
   71  dating violence, and to enable state and local agencies to
   72  accept a program participant’s use of an address designated by
   73  the Attorney General as a substitute mailing address.
   74         Section 3. Section 741.402, Florida Statutes, is reordered
   75  and amended to read:
   76         741.402 Definitions; ss. 741.401-741.409.—Unless the
   77  context clearly requires otherwise, as used in ss. 741.401
   78  741.409, the term:
   79         (1) “Address” means a residential street address, school
   80  address, or work address of an individual, as specified on the
   81  individual’s application to be a program participant under ss.
   82  741.401-741.409.
   83         (4)(2) “Program participant” means a person certified as a
   84  program participant under s. 741.403.
   85         (2)“Dating violence” means any assault, aggravated
   86  assault, battery, aggravated battery, sexual assault, sexual
   87  battery, stalking, aggravated stalking, kidnapping, false
   88  imprisonment, or any criminal offense resulting in physical
   89  injury or death, or the threat of any such act, committed by an
   90  individual who has or has had a continuing and significant
   91  relationship of a romantic or intimate nature as determined by
   92  the factors listed in s. 784.046(1)(d) with the victim,
   93  regardless of whether these acts or threats have been reported
   94  to law enforcement officers.
   95         (3) “Domestic violence” means an act as defined in s.
   96  741.28 and includes a threat of such acts committed against an
   97  individual in a domestic situation, regardless of whether these
   98  acts or threats have been reported to law enforcement officers.
   99         Section 4. Paragraphs (a) and (d) of subsection (1) of
  100  section 741.403, Florida Statutes, are amended to read:
  101         741.403 Address confidentiality program; application;
  102  certification.—
  103         (1) An adult person, a parent or guardian acting on behalf
  104  of a minor, or a guardian acting on behalf of a person
  105  adjudicated incapacitated under chapter 744 may apply to the
  106  Attorney General to have an address designated by the Attorney
  107  General serve as the person’s address or the address of the
  108  minor or incapacitated person. To the extent possible within
  109  funds appropriated for this purpose, the Attorney General shall
  110  approve an application if it is filed in the manner and on the
  111  form prescribed by the Attorney General and if it contains all
  112  of the following:
  113         (a) A sworn statement by the applicant that the applicant
  114  has good reason to believe that the applicant, or the minor or
  115  incapacitated person on whose behalf the application is made, is
  116  a victim of domestic violence or dating violence, and that the
  117  applicant fears for his or her safety or his or her children’s
  118  safety or the safety of the minor or incapacitated person on
  119  whose behalf the application is made.
  120         (d) A statement that the new address or addresses that the
  121  applicant requests must not be disclosed for the reason that
  122  disclosure will increase the risk of domestic violence or dating
  123  violence.
  124         Section 5. Section 741.408, Florida Statutes, is amended to
  125  read:
  126         741.408 Assistance for program applicants.—The Attorney
  127  General shall designate state and local agencies and nonprofit
  128  agencies that provide counseling and shelter services to victims
  129  of domestic violence and dating violence to assist persons
  130  applying to be program participants. Assistance and counseling
  131  rendered by the Office of the Attorney General or its designees
  132  to applicants does not constitute legal advice.
  133         Section 6. Section 741.4651, Florida Statutes, is amended
  134  to read:
  135         741.4651 Public records exemption; victims of stalking or
  136  aggravated stalking.—The names, addresses, and telephone numbers
  137  of persons who are victims of stalking or aggravated stalking
  138  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  139  Constitution in the same manner that the names, addresses, and
  140  telephone numbers of participants in the Address Confidentiality
  141  Program for Victims of Domestic and Dating Violence which are
  142  held by the Attorney General under s. 741.465 are exempt from
  143  disclosure, provided that the victim files a sworn statement of
  144  stalking with the Office of the Attorney General and otherwise
  145  complies with the procedures in ss. 741.401-741.409.
  146         Section 7. Paragraph (c) of subsection (1) of section
  147  960.001, Florida Statutes, is amended to read:
  148         960.001 Guidelines for fair treatment of victims and
  149  witnesses in the criminal justice and juvenile justice systems.—
  150         (1) The Department of Legal Affairs, the state attorneys,
  151  the Department of Corrections, the Department of Juvenile
  152  Justice, the Florida Commission on Offender Review, the State
  153  Courts Administrator and circuit court administrators, the
  154  Department of Law Enforcement, and every sheriff’s department,
  155  police department, or other law enforcement agency as defined in
  156  s. 943.10(4) shall develop and implement guidelines for the use
  157  of their respective agencies, which guidelines are consistent
  158  with the purposes of this act and s. 16(b), Art. I of the State
  159  Constitution and are designed to implement s. 16(b), Art. I of
  160  the State Constitution and to achieve the following objectives:
  161         (c) Information concerning protection available to victim
  162  or witness.—A victim or witness shall be furnished, as a matter
  163  of course, with information on steps that are available to law
  164  enforcement officers and state attorneys to protect victims and
  165  witnesses from intimidation. Victims of domestic violence and
  166  dating violence shall also be given information about the
  167  address confidentiality program provided under s. 741.403.
  168         Section 8. This act shall take effect July 1, 2026.