Florida Senate - 2026 SB 32
By Senator Sharief
35-00004-26 202632__
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), 921.1427(7)(i), and
21 934.425(3), F.S., relating to electronic access to
22 official records, identifying information concerning
23 applicants for and recipients of child support
24 services, Hope Card Program for persons issued orders
25 of protection, recognition of foreign protection
26 orders, risk protection orders, when arrest by a law
27 enforcement officer without a warrant is lawful,
28 prearrest diversion programs, aggravating factors
29 relating to a sentence of death or life imprisonment
30 for capital felonies, aggravating factors relating to
31 a sentence of death or life imprisonment for capital
32 sexual battery, aggravating factors relating to a
33 sentence of death or life imprisonment for capital
34 human trafficking of vulnerable persons for sexual
35 exploitation, and installation or use of tracking
36 devices or tracking applications, respectively, to
37 incorporate the amendment made to s. 784.046, F.S., in
38 references thereto; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 784.046, Florida Statutes, is amended to
43 read:
44 784.046 Action by victim of repeat or serious violence,
45 sexual violence, or dating violence for protective injunction;
46 dating violence investigations, notice to victims, and
47 reporting; pretrial release violations; public records
48 exemption.—
49 (1) As used in this section, the term:
50 (a) “Violence” means any assault, aggravated assault,
51 battery, aggravated battery, sexual assault, sexual battery,
52 stalking, aggravated stalking, kidnapping, or false
53 imprisonment, or any criminal offense resulting in physical
54 injury or death, by a person against any other person.
55 (b) “Repeat or serious violence” means:
56 1. Two incidents of violence or stalking committed by the
57 respondent, one of which must have been within 6 months of the
58 filing of the petition, which are directed against the
59 petitioner or the petitioner’s immediate family member;
60 2. One act committed by the respondent which causes bodily
61 injury to the petitioner; or
62 3. A death threat made by the respondent against the
63 petitioner.
64 (c) “Sexual violence” means any one incident of:
65 1. Sexual battery, as defined in chapter 794;
66 2. A lewd or lascivious act, as defined in chapter 800,
67 committed upon or in the presence of a person younger than 16
68 years of age;
69 3. Luring or enticing a child, as described in chapter 787;
70 4. Sexual performance by a child, as described in chapter
71 827; or
72 5. Any other forcible felony wherein a sexual act is
73 committed or attempted,
74
75 regardless of whether criminal charges based on the incident
76 were filed, reduced, or dismissed by the state attorney.
77 (d) “Dating violence” means violence between individuals
78 who have or have had a continuing and significant relationship
79 of a romantic or intimate nature. The existence of such a
80 relationship must shall be determined based on the consideration
81 of the following factors:
82 1. A dating relationship must have existed within the past
83 6 months;
84 2. The nature of the relationship must have been
85 characterized by the expectation of affection or sexual
86 involvement between the parties; and
87 3. The frequency and type of interaction between the
88 persons involved in the relationship must have included that the
89 persons have been involved over time and on a continuous basis
90 during the course of the relationship.
91
92 The term does not include violence in a casual acquaintanceship
93 or violence between individuals who only have engaged in
94 ordinary fraternization in a business or social context.
95 (2) There is created a cause of action for an injunction
96 for protection in cases of repeat or serious violence, there is
97 created a separate cause of action for an injunction for
98 protection in cases of dating violence, and there is created a
99 separate cause of action for an injunction for protection in
100 cases of sexual violence.
101 (a) Any person who is the victim of repeat or serious
102 violence or the parent or legal guardian of any minor child who
103 is living at home and who seeks an injunction for protection
104 against repeat or serious violence on behalf of the minor child
105 has standing in the circuit court to file a verified petition
106 for an injunction for protection against repeat or serious
107 violence.
108 (b) Any person who is the victim of dating violence and has
109 reasonable cause to believe he or she is in imminent danger of
110 becoming the victim of another act of dating violence, or any
111 person who has reasonable cause to believe he or she is in
112 imminent danger of becoming the victim of an act of dating
113 violence, or the parent or legal guardian of any minor child who
114 is living at home and who seeks an injunction for protection
115 against dating violence on behalf of that minor child, has
116 standing in the circuit court to file a verified petition for an
117 injunction for protection against dating violence.
118 (c) A person who is the victim of sexual violence or the
119 parent or legal guardian of a minor child who is living at home
120 who is the victim of sexual violence has standing in the circuit
121 court to file a verified petition for an injunction for
122 protection against sexual violence on his or her own behalf or
123 on behalf of the minor child if:
124 1. The person has reported the sexual violence to a law
125 enforcement agency and is cooperating in any criminal proceeding
126 against the respondent, regardless of whether criminal charges
127 based on the sexual violence have been filed, reduced, or
128 dismissed by the state attorney; or
129 2. The respondent who committed the sexual violence against
130 the victim or minor child was sentenced to a term of
131 imprisonment in state prison for the sexual violence and the
132 respondent’s term of imprisonment has expired or is due to
133 expire within 90 days following the date the petition is filed.
134 (d) A cause of action for an injunction may be sought
135 whether or not any other petition, complaint, or cause of action
136 is currently available or pending between the parties.
137 (e) A cause of action for an injunction does not require
138 that the petitioner be represented by an attorney.
139 (3)(a) The clerk of the court shall provide a copy of this
140 section, simplified forms, and clerical assistance for the
141 preparation and filing of such a petition by any person who is
142 not represented by counsel.
143 (b) Notwithstanding any other law, the clerk of the court
144 may not assess a fee for filing a petition for protection
145 against repeat or serious violence, sexual violence, or dating
146 violence. However, subject to legislative appropriation, the
147 clerk of the court may, each quarter, submit to the Justice
148 Administrative Commission a certified request for reimbursement
149 for petitions for protection issued by the court under this
150 section at the rate of $40 per petition. The request for
151 reimbursement must be submitted in the form and manner
152 prescribed by the Justice Administrative Commission. From this
153 reimbursement, the clerk shall pay the law enforcement agency
154 serving the injunction the fee requested by the law enforcement
155 agency; however, this fee may not exceed $20.
156 (c) No bond is shall be required by the court for the entry
157 of an injunction.
158 (d) The clerk of the court shall provide the petitioner
159 with a certified copy of any injunction for protection against
160 repeat or serious violence, sexual violence, or dating violence
161 entered by the court.
162 (4)(a) The verified petition must shall allege the
163 incidents of repeat or serious violence, sexual violence, or
164 dating violence and must shall include the specific facts and
165 circumstances that form the basis upon which relief is sought.
166 With respect to a minor child who is living at home, the parent
167 or legal guardian seeking the protective injunction on behalf of
168 the minor child must:
169 1. Have been an eyewitness to, or have direct physical
170 evidence or affidavits from eyewitnesses of, the specific facts
171 and circumstances that form the basis upon which relief is
172 sought, if the party against whom the protective injunction is
173 sought is also a parent, stepparent, or legal guardian of the
174 minor child; or
175 2. Have reasonable cause to believe that the minor child is
176 a victim of repeat or serious violence, sexual violence, or
177 dating violence to form the basis upon which relief is sought,
178 if the party against whom the protective injunction is sought is
179 a person other than a parent, stepparent, or legal guardian of
180 the minor child.
181 (b) The verified petition must be in substantially the
182 following form:
183
184 PETITION FOR INJUNCTION FOR PROTECTION
185 AGAINST REPEAT OR SERIOUS VIOLENCE, SEXUAL
186 VIOLENCE, OR DATING VIOLENCE
187
188 The undersigned petitioner ...(name)... declares under
189 penalties of perjury that the following statements are true:
190
191 1. Petitioner resides at ...(address)... (A petitioner for
192 an injunction for protection against sexual violence may furnish
193 an address to the court in a separate confidential filing if,
194 for safety reasons, the petitioner requires the location of his
195 or her current residence to be confidential pursuant to s.
196 119.071(2)(j), Florida Statutes.)
197 2. Respondent resides at ...(address)....
198 3.a. Petitioner has suffered repeat or serious violence as
199 demonstrated by the fact that the respondent has: ...(enumerate
200 incidents of violence)...
201
202
203
204
205
206 b. Petitioner has suffered sexual violence as demonstrated
207 by the fact that the respondent has: ...(enumerate incident of
208 violence and include incident report number from law enforcement
209 agency or attach notice of inmate release)...
210
211
212
213
214
215 c. Petitioner is a victim of dating violence and has
216 reasonable cause to believe that he or she is in imminent danger
217 of becoming the victim of another act of dating violence or has
218 reasonable cause to believe that he or she is in imminent danger
219 of becoming a victim of dating violence, as demonstrated by the
220 fact that the respondent has: ...(list the specific incident or
221 incidents of violence and describe the length of time of the
222 relationship, whether it has been in existence during the last 6
223 months, the nature of the relationship of a romantic or intimate
224 nature, the frequency and type of interaction, and any other
225 facts that characterize the relationship)...
226
227
228
229
230
231 4. Petitioner genuinely fears repeat or serious violence by
232 the respondent.
233 5. Petitioner seeks: an immediate injunction against the
234 respondent, enjoining him or her from committing any further
235 acts of violence; an injunction enjoining the respondent from
236 committing any further acts of violence; and an injunction
237 providing any terms the court deems necessary for the protection
238 of the petitioner and the petitioner’s immediate family,
239 including any injunctions or directives to law enforcement
240 agencies.
241
242 (c) Every petition for an injunction against sexual
243 violence, dating violence, or repeat or serious violence must
244 contain, directly above the signature line, a statement in all
245 capital letters and bold type not smaller than the surrounding
246 text, as follows:
247
248 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ
249 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
250 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN
251 THIS PETITION ARE BEING MADE UNDER PENALTIES OF
252 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,
253 FLORIDA STATUTES.
254
255 ...(initials)...
256
257 (5) Upon the filing of the petition, the court shall set a
258 hearing to be held at the earliest possible time. The respondent
259 must shall be personally served with a copy of the petition,
260 notice of hearing, and temporary injunction, if any, before
261 prior to the hearing.
262 (6)(a) When it appears to the court that an immediate and
263 present danger of violence exists, the court may grant a
264 temporary injunction that which may be granted in an ex parte
265 hearing, pending a full hearing, and may grant such relief as
266 the court deems proper, including an injunction enjoining the
267 respondent from committing any acts of violence.
268 (b) Except as provided in s. 90.204, in a hearing ex parte
269 for the purpose of obtaining such temporary injunction, no
270 evidence other than the verified pleading or affidavit may shall
271 be used as evidence, unless the respondent appears at the
272 hearing or has received reasonable notice of the hearing.
273 (c) Any such ex parte temporary injunction is shall be
274 effective for a fixed period not to exceed 15 days. However, an
275 ex parte temporary injunction granted under subparagraph
276 (2)(c)2. is effective for 15 days following the date the
277 respondent is released from incarceration. A full hearing, as
278 provided by this section, must shall be set for a date no later
279 than the date when the temporary injunction ceases to be
280 effective. The court may grant a continuance of the ex parte
281 injunction and the full hearing before or during a hearing, for
282 good cause shown by any party.
283 (7) Upon notice and hearing, the court may grant such
284 relief as the court deems proper, including an injunction:
285 (a) Enjoining the respondent from committing any acts of
286 violence.
287 (b) Ordering such other relief as the court deems necessary
288 for the protection of the petitioner, including injunctions or
289 directives to law enforcement agencies, as provided in this
290 section.
291 (c) The terms of the injunction shall remain in full force
292 and effect until modified or dissolved. Either party may move at
293 any time to modify or dissolve the injunction. Such relief may
294 be granted in addition to other civil or criminal remedies.
295 (d) A temporary or final judgment on injunction for
296 protection against repeat or serious violence, sexual violence,
297 or dating violence entered pursuant to this section must shall,
298 on its face, indicate that:
299 1. The injunction is valid and enforceable in all counties
300 of the State of Florida.
301 2. Law enforcement officers may use their arrest powers
302 pursuant to s. 901.15(6) to enforce the terms of the injunction.
303 3. The court had jurisdiction over the parties and matter
304 under the laws of Florida and that reasonable notice and
305 opportunity to be heard was given to the person against whom the
306 order is sought sufficient to protect that person’s right to due
307 process.
308 4. The date that the respondent was served with the
309 temporary or final order, if obtainable.
310 (8)(a)1. Within 24 hours after the court issues an
311 injunction for protection against repeat or serious violence,
312 sexual violence, or dating violence, the clerk of the court
313 shall electronically transmit a copy of the petition, notice of
314 hearing, and temporary injunction, if any, to the sheriff or a
315 law enforcement agency of the county where the respondent
316 resides or can be found, who shall serve it upon the respondent
317 as soon thereafter as possible on any day of the week and at any
318 time of the day or night. An electronic copy of an injunction
319 must be certified by the clerk of the court, and the electronic
320 copy must be served in the same manner as a certified copy. Upon
321 receiving an electronic copy of the injunction, the sheriff must
322 verify receipt with the sender before attempting to serve it
323 upon the respondent. In addition, if the sheriff is in
324 possession of an injunction for protection that has been
325 certified by the clerk of the court, the sheriff may
326 electronically transmit a copy of that injunction to a law
327 enforcement officer who shall serve it in the same manner as a
328 certified copy. The clerk of the court is responsible for
329 furnishing to the sheriff such information on the respondent’s
330 physical description and location as is required by the
331 department to comply with the verification procedures set forth
332 in this section. Notwithstanding any other law to the contrary,
333 the chief judge of each circuit, in consultation with the
334 appropriate sheriff, may authorize a law enforcement agency
335 within the chief judge’s jurisdiction to effect this type of
336 service and to receive a portion of the service fee. A person
337 may not serve or execute an injunction issued under this section
338 unless the person is a law enforcement officer as defined in
339 chapter 943.
340 2. When an injunction is issued, if the petitioner requests
341 the assistance of a law enforcement agency, the court may order
342 that an officer from the appropriate law enforcement agency
343 accompany the petitioner and assist in the execution or service
344 of the injunction. A law enforcement officer must accept a copy
345 of an injunction for protection against repeat or serious
346 violence, sexual violence, or dating violence, certified by the
347 clerk of the court, from the petitioner and immediately serve it
348 upon a respondent who has been located but not yet served.
349 (b) A Domestic, Dating, Sexual, and Repeat or Serious
350 Violence Injunction Statewide Verification System is created
351 within the Department of Law Enforcement. The department shall
352 establish, implement, and maintain a statewide communication
353 system capable of electronically transmitting information to and
354 between criminal justice agencies relating to domestic violence
355 injunctions, dating violence injunctions, sexual violence
356 injunctions, and repeat or serious violence injunctions issued
357 by the courts throughout the state. Such information must
358 include, but is not limited to, information as to the existence
359 and status of any injunction for verification purposes.
360 (c)1. Within 24 hours after the court issues an injunction
361 for protection against repeat or serious violence, sexual
362 violence, or dating violence or changes or vacates an injunction
363 for protection against repeat or serious violence, sexual
364 violence, or dating violence, the clerk of the court must
365 electronically transmit a copy of the injunction to the sheriff
366 with jurisdiction over the residence of the petitioner.
367 2. Within 24 hours after service of process of an
368 injunction for protection against repeat or serious violence,
369 sexual violence, or dating violence upon a respondent, the law
370 enforcement officer must electronically transmit the written
371 proof of service of process to the sheriff with jurisdiction
372 over the residence of the petitioner.
373 3. Within 24 hours after the sheriff receives a certified
374 copy of the injunction for protection against repeat or serious
375 violence, sexual violence, or dating violence, the sheriff must
376 make information relating to the injunction available to other
377 law enforcement agencies by electronically transmitting such
378 information to the department.
379 4. Within 24 hours after the sheriff or other law
380 enforcement officer has made service upon the respondent and the
381 sheriff has been so notified, the sheriff must make information
382 relating to the service available to other law enforcement
383 agencies by electronically transmitting such information to the
384 department.
385 5. Subject to available funding, the Florida Association of
386 Court Clerks and Comptrollers shall develop an automated process
387 by which a petitioner may request notification of service of the
388 injunction for protection against repeat or serious violence,
389 sexual violence, or dating violence and other court actions
390 related to the injunction for protection. The automated notice
391 must be made within 12 hours after the sheriff or other law
392 enforcement officer serves the injunction upon the respondent.
393 The notification must include, at a minimum, the date, time, and
394 location where the injunction for protection against repeat or
395 serious violence, sexual violence, or dating violence was
396 served. The Florida Association of Court Clerks and Comptrollers
397 may apply for any available grants to fund the development of
398 the automated process.
399 6. Within 24 hours after an injunction for protection
400 against repeat or serious violence, sexual violence, or dating
401 violence is lifted, terminated, or otherwise rendered no longer
402 effective by ruling of the court, the clerk of the court must
403 notify the sheriff or local law enforcement agency receiving
404 original notification of the injunction as provided in
405 subparagraph 2. That agency shall, within 24 hours after
406 receiving such notification from the clerk of the court, notify
407 the department of such action of the court.
408 (d) The petitioner may request a Hope Card under s. 741.311
409 after the court has issued a final order of protection.
410 (9)(a) The court shall enforce, through a civil or criminal
411 contempt proceeding, a violation of an injunction for
412 protection. The court may enforce the respondent’s compliance
413 with the injunction by imposing a monetary assessment. The clerk
414 of the court shall collect and receive such assessments. On a
415 monthly basis, the clerk shall transfer the moneys collected
416 pursuant to this paragraph to the State Treasury for deposit in
417 the Crimes Compensation Trust Fund established in s. 960.21.
418 (b) If the respondent is arrested by a law enforcement
419 officer under s. 901.15(6) for committing an act of repeat or
420 serious violence, sexual violence, or dating violence in
421 violation of an injunction for protection, the respondent must
422 shall be held in custody until brought before the court as
423 expeditiously as possible for the purpose of enforcing the
424 injunction and for admittance to bail in accordance with chapter
425 903 and the applicable rules of criminal procedure, pending a
426 hearing.
427 (10) The petitioner or the respondent may move the court to
428 modify or dissolve an injunction at any time.
429 (11) Any law enforcement officer who investigates an
430 alleged incident of dating violence shall assist the victim to
431 obtain medical treatment if such is required as a result of the
432 alleged incident to which the officer responds. Any law
433 enforcement officer who investigates an alleged incident of
434 dating violence shall advise the victim of such violence that
435 there is a domestic violence center from which the victim may
436 receive services. The law enforcement officer shall give the
437 victim immediate notice of the legal rights and remedies
438 available on a standard form developed and distributed by the
439 Department of Law Enforcement. As necessary, the Department of
440 Law Enforcement shall revise the Legal Rights and Remedies
441 Notice to Victims to include a general summary of this section,
442 using simple English as well as Spanish, and shall distribute
443 the notice as a model form to be used by all law enforcement
444 agencies throughout this the state. The notice must shall
445 include:
446 (a) The resource listing, including telephone number, for
447 the area domestic violence center designated by the Department
448 of Children and Families; and
449 (b) A copy of the following statement:
450
451 “IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask
452 the state attorney to file a criminal complaint. You
453 also have the right to go to court and file a petition
454 requesting an injunction for protection from dating
455 violence which may include, but need not be limited
456 to, provisions that restrain the abuser from further
457 acts of abuse; direct the abuser to leave your
458 household; and prevent the abuser from entering your
459 residence, school, business, or place of employment.”
460
461 (12) When a law enforcement officer investigates an
462 allegation that an incident of dating violence has occurred, the
463 officer shall handle the incident pursuant to the arrest policy
464 provided in s. 901.15(7), and as developed in accordance with
465 subsections (13), (14), and (16). Whether or not an arrest is
466 made, the officer shall make a written police report that is
467 complete and clearly indicates that the alleged offense was an
468 incident of dating violence. Such report must shall be given to
469 the officer’s supervisor and filed with the law enforcement
470 agency in a manner that will permit data on dating violence
471 cases to be compiled. Such report must include:
472 (a) A description of physical injuries observed, if any.
473 (b) If a law enforcement officer decides not to make an
474 arrest or decides to arrest two or more parties, the grounds for
475 not arresting anyone or for arresting two or more parties.
476 (c) A statement indicating which indicates that a copy of
477 the legal rights and remedies notice was given to the victim.
478
479 Whenever possible, the law enforcement officer shall obtain a
480 written statement from the victim and witnesses concerning the
481 alleged dating violence. The officer shall submit the report to
482 the supervisor or other person to whom the employer’s rules or
483 policies require reports of similar allegations of criminal
484 activity to be made. The law enforcement agency shall, without
485 charge, send a copy of the initial police report, as well as any
486 subsequent, supplemental, or related report, which excludes
487 victim or witness statements or other materials that are part of
488 an active criminal investigation and are exempt from disclosure
489 under chapter 119, to the nearest locally certified domestic
490 violence center within 24 hours after the agency’s receipt of
491 the report. The report furnished to the domestic violence center
492 must include a narrative description of the dating violence
493 incident.
494 (13) Whenever a law enforcement officer determines upon
495 probable cause that an act of dating violence has been committed
496 within the jurisdiction, or that a person has violated a
497 condition of pretrial release as provided in s. 903.047 and the
498 original arrest was for an act of dating violence, the officer
499 may arrest the person or persons suspected of its commission and
500 charge such person or persons with the appropriate crime. The
501 decision to arrest and charge does shall not require consent of
502 the victim or consideration of the relationship of the parties.
503 (14)(a) When complaints are received from two or more
504 parties, the officers shall evaluate each complaint separately
505 to determine whether there is probable cause for arrest.
506 (b) If a law enforcement officer has probable cause to
507 believe that two or more persons have committed a misdemeanor or
508 felony, or if two or more persons make complaints to the
509 officer, the officer must shall try to determine who was the
510 primary aggressor. Arrest is the preferred response only with
511 respect to the primary aggressor and not the preferred response
512 with respect to a person who acts in a reasonable manner to
513 protect or defend himself or herself or another family or
514 household member from dating violence.
515 (15) A person who willfully violates a condition of
516 pretrial release provided in s. 903.047, when the original
517 arrest was for an act of dating violence as defined in this
518 section, commits a misdemeanor of the first degree, punishable
519 as provided in s. 775.082 or s. 775.083, and shall be held in
520 custody until his or her first appearance.
521 (16) A law enforcement officer acting in good faith under
522 this section and the officer’s employing agency shall be immune
523 from all liability, civil or criminal, that might otherwise be
524 incurred or imposed by reason of the officer’s or agency’s
525 actions in carrying out the provisions of this section.
526 Section 2. Paragraph (a) of subsection (5) of section
527 44.407, Florida Statutes, is amended to read:
528 44.407 Elder-focused dispute resolution process.—
529 (5) QUALIFICATIONS FOR ELDERCARING COORDINATORS.—
530 (a) The court shall appoint qualified eldercaring
531 coordinators who:
532 1. Meet one of the following professional requirements:
533 a. Are licensed as a mental health professional under
534 chapter 491 and hold at least a master’s degree in the
535 professional field of practice;
536 b. Are licensed as a psychologist under chapter 490;
537 c. Are licensed as a physician under chapter 458 or chapter
538 459;
539 d. Are licensed as a nurse under chapter 464 and hold at
540 least a master’s degree;
541 e. Are certified by the Florida Supreme Court as a family
542 mediator and hold at least a master’s degree;
543 f. Are a member in good standing of The Florida Bar; or
544 g. Are a professional guardian as defined in s. 744.102(17)
545 and hold at least a master’s degree.
546 2. Have completed all of the following:
547 a. Three years of postlicensure or postcertification
548 practice;
549 b. A family mediation training program certified by the
550 Florida Supreme Court; and
551 c. An eldercaring coordinator training program certified by
552 the Florida Supreme Court. The training must total at least 44
553 hours and must include advanced tactics for dispute resolution
554 of issues related to aging, illness, incapacity, or other
555 vulnerabilities associated with elders, as well as elder,
556 guardianship, and incapacity law and procedures and less
557 restrictive alternatives to guardianship; phases of eldercaring
558 coordination and the role and functions of an eldercaring
559 coordinator; the elder’s role within eldercaring coordination;
560 family dynamics related to eldercaring coordination; eldercaring
561 coordination skills and techniques; multicultural competence and
562 its use in eldercaring coordination; at least 6 hours of the
563 implications of elder abuse, neglect, and exploitation and other
564 safety issues pertinent to the training; at least 4 hours of
565 ethical considerations pertaining to the training; use of
566 technology within eldercaring coordination; and court-specific
567 eldercaring coordination procedures. Pending certification of a
568 training program by the Florida Supreme Court, the eldercaring
569 coordinator must document completion of training that satisfies
570 the hours and the elements prescribed in this sub-subparagraph.
571 3. Have successfully passed a Level 2 background screening
572 as provided in s. 435.04(2) and (3) or are exempt from
573 disqualification under s. 435.07. The prospective eldercaring
574 coordinator must submit a full set of fingerprints to the court
575 or to a vendor, entity, or agency authorized by s. 943.053(13).
576 The court, vendor, entity, or agency shall forward the
577 fingerprints to the Department of Law Enforcement for state
578 processing, and the Department of Law Enforcement shall forward
579 the fingerprints to the Federal Bureau of Investigation for
580 national processing. The prospective eldercaring coordinator
581 shall pay the fees for state and federal fingerprint processing.
582 The state cost for fingerprint processing shall be as provided
583 in s. 943.053(3)(e) for records provided to persons or entities
584 other than those specified as exceptions therein.
585 4. Have not been a respondent in a final order granting an
586 injunction for protection against domestic, dating, sexual, or
587 repeat or serious violence or stalking or exploitation of an
588 elder or a disabled person.
589 5. Have met any additional qualifications the court may
590 require to address issues specific to the parties.
591 Section 3. Paragraph (a) of subsection (3) of section
592 61.1825, Florida Statutes, is amended to read:
593 61.1825 State Case Registry.—
594 (3)(a) For the purpose of this section, a family violence
595 indicator must be placed on a record when:
596 1. A party executes a sworn statement requesting that a
597 family violence indicator be placed on that party’s record which
598 states that the party has reason to believe that release of
599 information to the Federal Case Registry may result in physical
600 or emotional harm to the party or the child; or
601 2. A temporary or final injunction for protection against
602 domestic violence has been granted pursuant to s. 741.30(6), an
603 injunction for protection against domestic violence has been
604 issued by a court of a foreign state pursuant to s. 741.315, or
605 a temporary or final injunction for protection against repeat or
606 serious violence has been granted pursuant to s. 784.046; or
607 3. The department has received information on a Title IV-D
608 case from the Domestic, Dating, Sexual, and Repeat or Serious
609 Violence Injunction Statewide Verification System, established
610 pursuant to s. 784.046(8)(b), that a court has granted a party a
611 domestic violence or repeat or serious violence injunction.
612 Section 4. Paragraph (k) of subsection (1) of section
613 119.0714, Florida Statutes, is amended to read:
614 119.0714 Court files; court records; official records.—
615 (1) COURT FILES.—Nothing in this chapter shall be construed
616 to exempt from s. 119.07(1) a public record that was made a part
617 of a court file and that is not specifically closed by order of
618 court, except:
619 (k)1. A petition, and the contents thereof, for an
620 injunction for protection against domestic violence, repeat or
621 serious violence, dating violence, sexual violence, stalking, or
622 cyberstalking that is dismissed without a hearing, dismissed at
623 an ex parte hearing due to failure to state a claim or lack of
624 jurisdiction, or dismissed for any reason having to do with the
625 sufficiency of the petition itself without an injunction being
626 issued on or after July 1, 2017, is exempt from s. 119.07(1) and
627 s. 24(a), Art. I of the State Constitution.
628 2. A petition, and the contents thereof, for an injunction
629 for protection against domestic violence, repeat or serious
630 violence, dating violence, sexual violence, stalking, or
631 cyberstalking that is dismissed without a hearing, dismissed at
632 an ex parte hearing due to failure to state a claim or lack of
633 jurisdiction, or dismissed for any reason having to do with the
634 sufficiency of the petition itself without an injunction being
635 issued before July 1, 2017, is exempt from s. 119.07(1) and s.
636 24(a), Art. I of the State Constitution only upon request by an
637 individual named in the petition as a respondent. The request
638 must be in the form of a signed, legibly written request
639 specifying the case name, case number, document heading, and
640 page number. The request must be delivered by mail, facsimile,
641 or electronic transmission or in person to the clerk of the
642 court. A fee may not be charged for such request.
643 3. Any information that can be used to identify a
644 petitioner or respondent in a petition for an injunction against
645 domestic violence, repeat or serious violence, dating violence,
646 sexual violence, stalking, or cyberstalking, and any affidavits,
647 notice of hearing, and temporary injunction, is confidential and
648 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
649 Constitution until the respondent has been personally served
650 with a copy of the petition for injunction, affidavits, notice
651 of hearing, and temporary injunction.
652 Section 5. Paragraph (e) of subsection (2) of section
653 394.4597, Florida Statutes, is amended to read:
654 394.4597 Persons to be notified; patient’s representative.—
655 (2) INVOLUNTARY PATIENTS.—
656 (e) The following persons are prohibited from selection as
657 a patient’s representative:
658 1. A professional providing clinical services to the
659 patient under this part.
660 2. The licensed professional who initiated the involuntary
661 examination of the patient, if the examination was initiated by
662 professional certificate.
663 3. An employee, an administrator, or a board member of the
664 facility providing the examination of the patient.
665 4. An employee, an administrator, or a board member of a
666 treatment facility providing treatment for the patient.
667 5. A person providing any substantial professional services
668 to the patient, including clinical services.
669 6. A creditor of the patient.
670 7. A person subject to an injunction for protection against
671 domestic violence under s. 741.30, whether the order of
672 injunction is temporary or final, and for which the patient was
673 the petitioner.
674 8. A person subject to an injunction for protection against
675 repeat or serious violence, stalking, sexual violence, or dating
676 violence under s. 784.046, whether the order of injunction is
677 temporary or final, and for which the patient was the
678 petitioner.
679 Section 6. Paragraph (h) of subsection (2) of section
680 394.4598, Florida Statutes, is amended to read:
681 394.4598 Guardian advocate.—
682 (2) The following persons are prohibited from appointment
683 as a patient’s guardian advocate:
684 (h) A person subject to an injunction for protection
685 against repeat or serious violence, stalking, sexual violence,
686 or dating violence under s. 784.046, whether the order of
687 injunction is temporary or final, and for which the patient was
688 the petitioner.
689 Section 7. Subsection (3) of section 741.2901, Florida
690 Statutes, is amended to read:
691 741.2901 Domestic violence cases; prosecutors; legislative
692 intent; investigation; duty of circuits; first appearance.—
693 (3) Before Prior to a defendant’s first appearance in any
694 charge of domestic violence as defined in s. 741.28, the State
695 Attorney’s Office shall perform a thorough investigation of the
696 defendant’s history, including, but not limited to: prior
697 arrests for domestic violence, prior arrests for nondomestic
698 charges, prior injunctions for protection against domestic and
699 repeat or serious violence filed listing the defendant as
700 respondent and noting history of other victims, and prior walk
701 in domestic complaints filed against the defendant. This
702 information must shall be presented at first appearance, when
703 setting bond, and when passing sentence, for consideration by
704 the court. When a defendant is arrested for an act of domestic
705 violence, the defendant must shall be held in custody until
706 brought before the court for admittance to bail in accordance
707 with chapter 903. In determining bail, the court shall consider
708 the safety of the victim, the victim’s children, and any other
709 person who may be in danger if the defendant is released.
710 Section 8. Paragraph (c) of subsection (2) and paragraph
711 (b) of subsection (8) of section 741.30, Florida Statutes, are
712 amended to read:
713 741.30 Domestic violence; injunction; powers and duties of
714 court and clerk; petition; notice and hearing; temporary
715 injunction; issuance of injunction; statewide verification
716 system; enforcement; public records exemption.—
717 (2)
718 (c)1. The clerk of the court shall assist petitioners in
719 seeking both injunctions for protection against domestic
720 violence and enforcement for a violation thereof as specified in
721 this section.
722 2. All clerks’ offices shall provide simplified petition
723 forms for the injunction, any modifications, and the enforcement
724 thereof, including instructions for completion.
725 3. The clerk of the court shall advise petitioners of the
726 opportunity to apply for a certificate of indigence in lieu of
727 prepayment for the cost of the filing fee, as provided in
728 paragraph (a).
729 4. The clerk of the court shall ensure the petitioner’s
730 privacy to the extent practical while completing the forms for
731 injunctions for protection against domestic violence.
732 5. The clerk of the court shall provide petitioners with a
733 minimum of two certified copies of the order of injunction, one
734 of which is serviceable and will inform the petitioner of the
735 process for service and enforcement.
736 6. Clerks of court and appropriate staff in each county
737 shall receive training in the effective assistance of
738 petitioners as provided or approved by the Florida Association
739 of Court Clerks.
740 7. The clerk of the court in each county shall make
741 available informational brochures on domestic violence when such
742 brochures are provided by local certified domestic violence
743 centers.
744 8. The clerk of the court in each county shall distribute a
745 statewide uniform informational brochure to petitioners at the
746 time of filing for an injunction for protection against domestic
747 or repeat or serious violence when such brochures become
748 available. The brochure must include information about the
749 effect of giving the court false information about domestic
750 violence.
751 (8)
752 (b) A Domestic and Repeat or Serious Violence Injunction
753 Statewide Verification System is created within the Department
754 of Law Enforcement. The department shall establish, implement,
755 and maintain a statewide communication system capable of
756 electronically transmitting information to and between criminal
757 justice agencies relating to domestic violence injunctions and
758 repeat or serious violence injunctions issued by the courts
759 throughout the state. Such information must include, but is not
760 limited to, information as to the existence and status of any
761 injunction for verification purposes.
762 Section 9. Paragraph (b) of subsection (2) of section
763 741.313, Florida Statutes, is amended to read:
764 741.313 Unlawful action against employees seeking
765 protection.—
766 (2)
767 (b) This section applies if an employee uses the leave from
768 work to:
769 1. Seek an injunction for protection against domestic
770 violence or an injunction for protection in cases of repeat or
771 serious violence, dating violence, or sexual violence;
772 2. Obtain medical care or mental health counseling, or
773 both, for the employee or a family or household member to
774 address physical or psychological injuries resulting from the
775 act of domestic violence or sexual violence;
776 3. Obtain services from a victim services organization,
777 including, but not limited to, a domestic violence shelter or
778 program or a rape crisis center as a result of the act of
779 domestic violence or sexual violence;
780 4. Make the employee’s home secure from the perpetrator of
781 the domestic violence or sexual violence or to seek new housing
782 to escape the perpetrator; or
783 5. Seek legal assistance in addressing issues arising from
784 the act of domestic violence or sexual violence or to attend and
785 prepare for court-related proceedings arising from the act of
786 domestic violence or sexual violence.
787 Section 10. Subsection (1) of section 784.047, Florida
788 Statutes, is amended to read:
789 784.047 Penalties for violating protective injunction
790 against violators.—
791 (1) A person who willfully violates an injunction for
792 protection against repeat or serious violence, sexual violence,
793 or dating violence, issued pursuant to s. 784.046, or a foreign
794 protection order accorded full faith and credit pursuant to s.
795 741.315 by:
796 (a) Refusing to vacate the dwelling that the parties share;
797 (b) Going to, or being within 500 feet of, the petitioner’s
798 residence, school, place of employment, or a specified place
799 frequented regularly by the petitioner and any named family or
800 household member;
801 (c) Committing an act of repeat or serious violence, sexual
802 violence, or dating violence against the petitioner;
803 (d) Committing any other violation of the injunction
804 through an intentional unlawful threat, word, or act to do
805 violence to the petitioner;
806 (e) Telephoning, contacting, or otherwise communicating
807 with the petitioner directly or indirectly, unless the
808 injunction specifically allows indirect contact through a third
809 party;
810 (f) Knowingly and intentionally coming within 100 feet of
811 the petitioner’s motor vehicle, whether or not that vehicle is
812 occupied;
813 (g) Defacing or destroying the petitioner’s personal
814 property, including the petitioner’s motor vehicle; or
815 (h) Refusing to surrender firearms or ammunition if ordered
816 to do so by the court,
817
818 commits a misdemeanor of the first degree, punishable as
819 provided in s. 775.082 or s. 775.083, except as provided in
820 subsection (2).
821 Section 11. Subsection (4) of section 784.048, Florida
822 Statutes, is amended to read:
823 784.048 Stalking; definitions; penalties.—
824 (4) A person who, after an injunction for protection
825 against repeat or serious violence, sexual violence, or dating
826 violence pursuant to s. 784.046, or an injunction for protection
827 against domestic violence pursuant to s. 741.30, or after any
828 other court-imposed prohibition of conduct toward the subject
829 person or that person’s property, knowingly, willfully,
830 maliciously, and repeatedly follows, harasses, or cyberstalks
831 another person commits the offense of aggravated stalking, a
832 felony of the third degree, punishable as provided in s.
833 775.082, s. 775.083, or s. 775.084.
834 Section 12. Subsections (2) and (3) of section 790.06,
835 Florida Statutes, are amended to read:
836 790.06 License to carry concealed weapon or concealed
837 firearm.—
838 (2) The Department of Agriculture and Consumer Services
839 shall issue a license if the applicant:
840 (a) Is a resident of the United States and a citizen of the
841 United States or a permanent resident alien of the United
842 States, as determined by the United States Bureau of Citizenship
843 and Immigration Services, or is a consular security official of
844 a foreign government that maintains diplomatic relations and
845 treaties of commerce, friendship, and navigation with the United
846 States and is certified as such by the foreign government and by
847 the appropriate embassy in this country;
848 (b) Is 21 years of age or older;
849 (c) Does not suffer from a physical infirmity that which
850 prevents the safe handling of a weapon or firearm;
851 (d) Is not ineligible to possess a firearm pursuant to s.
852 790.23 by virtue of having been convicted of a felony;
853 (e) Has not been:
854 1. Found guilty of a crime under the provisions of chapter
855 893 or similar laws of any other state relating to controlled
856 substances within a 3-year period immediately preceding the date
857 on which the application is submitted; or
858 2. Committed for the abuse of a controlled substance under
859 chapter 397 or under the provisions of former chapter 396 or
860 similar laws of any other state. An applicant who has been
861 granted relief from firearms disabilities pursuant to s.
862 790.065(2)(a)4.d. or pursuant to the law of the state in which
863 the commitment occurred is deemed not to be committed for the
864 abuse of a controlled substance under this subparagraph;
865 (f) Does not chronically and habitually use alcoholic
866 beverages or other substances to the extent that his or her
867 normal faculties are impaired. It shall be presumed that an
868 applicant chronically and habitually uses alcoholic beverages or
869 other substances to the extent that his or her normal faculties
870 are impaired if the applicant has been convicted under s.
871 790.151 or has been deemed a habitual offender under s.
872 856.011(3), or has had two or more convictions under s. 316.193
873 or similar laws of any other state, within the 3-year period
874 immediately preceding the date on which the application is
875 submitted;
876 (g) Desires a legal means to carry a concealed weapon or
877 concealed firearm for lawful self-defense;
878 (h) Demonstrates competence with a firearm by any one of
879 the following:
880 1. Completion of any hunter education or hunter safety
881 course approved by the Fish and Wildlife Conservation Commission
882 or a similar agency of another state;
883 2. Completion of any National Rifle Association firearms
884 safety or training course;
885 3. Completion of any firearms safety or training course or
886 class available to the general public offered by a law
887 enforcement agency, junior college, college, or private or
888 public institution or organization or firearms training school,
889 using instructors certified by the National Rifle Association,
890 Criminal Justice Standards and Training Commission, or the
891 Department of Agriculture and Consumer Services;
892 4. Completion of any law enforcement firearms safety or
893 training course or class offered for security guards,
894 investigators, special deputies, or any division or subdivision
895 of a law enforcement agency or security enforcement;
896 5. Presents evidence of equivalent experience with a
897 firearm through participation in organized shooting competition
898 or United States military service;
899 6. Is licensed or has been licensed to carry a concealed
900 weapon or concealed firearm in this state or a county or
901 municipality of this state, unless such license has been revoked
902 for cause; or
903 7. Completion of any firearms training or safety course or
904 class conducted by a state-certified or National Rifle
905 Association certified firearms instructor;
906
907 A photocopy of a certificate of completion of any of the courses
908 or classes; an affidavit from the instructor, school, club,
909 organization, or group that conducted or taught such course or
910 class attesting to the completion of the course or class by the
911 applicant; or a copy of any document that shows completion of
912 the course or class or evidences participation in firearms
913 competition shall constitute evidence of qualification under
914 this paragraph. A person who conducts a course pursuant to
915 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
916 an instructor, attests to the completion of such courses, must
917 maintain records certifying that he or she observed the student
918 safely handle and discharge the firearm in his or her physical
919 presence and that the discharge of the firearm included live
920 fire using a firearm and ammunition as defined in s. 790.001;
921 (i) Has not been adjudicated an incapacitated person under
922 s. 744.331, or similar laws of any other state. An applicant who
923 has been granted relief from firearms disabilities pursuant to
924 s. 790.065(2)(a)4.d. or pursuant to the law of the state in
925 which the adjudication occurred is deemed not to have been
926 adjudicated an incapacitated person under this paragraph;
927 (j) Has not been committed to a mental institution under
928 chapter 394, or similar laws of any other state. An applicant
929 who has been granted relief from firearms disabilities pursuant
930 to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
931 which the commitment occurred is deemed not to have been
932 committed in a mental institution under this paragraph;
933 (k) Has not had adjudication of guilt withheld or
934 imposition of sentence suspended on any felony unless 3 years
935 have elapsed since probation or any other conditions set by the
936 court have been fulfilled, or expunction has occurred;
937 (l) Has not had adjudication of guilt withheld or
938 imposition of sentence suspended on any misdemeanor crime of
939 domestic violence unless 3 years have elapsed since probation or
940 any other conditions set by the court have been fulfilled, or
941 the record has been expunged;
942 (m) Has not been issued an injunction that is currently in
943 force and effect and that restrains the applicant from
944 committing acts of domestic violence or acts of repeat or
945 serious violence; and
946 (n) Is not prohibited from purchasing or possessing a
947 firearm by any other provision of Florida or federal law.
948 (3)(a) The Department of Agriculture and Consumer Services
949 shall deny a license if the applicant has been found guilty of,
950 had adjudication of guilt withheld for, or had imposition of
951 sentence suspended for one or more crimes of violence
952 constituting a misdemeanor, unless 3 years have elapsed since
953 probation or any other conditions set by the court have been
954 fulfilled or the record has been sealed or expunged. The
955 Department of Agriculture and Consumer Services shall revoke a
956 license if the licensee has been found guilty of, had
957 adjudication of guilt withheld for, or had imposition of
958 sentence suspended for one or more crimes of violence within the
959 preceding 3 years. The department must shall, upon notification
960 by a law enforcement agency, a court, a clerk’s office, or the
961 Florida Department of Law Enforcement, temporarily suspend a
962 license or the processing of an application for a license if the
963 licensee or applicant is arrested or formally charged with a
964 crime that would disqualify such person from having a license
965 under this section, until final disposition of the case. The
966 department must shall suspend a license or the processing of an
967 application for a license if the licensee or applicant is issued
968 an injunction that restrains the licensee or applicant from
969 committing acts of domestic violence or acts of repeat or
970 serious violence. The department shall notify the licensee or
971 applicant suspended under this section of his or her right to a
972 hearing pursuant to chapter 120. If the criminal case or
973 injunction results in a nondisqualifying disposition and the
974 applicant or licensee is otherwise eligible, the suspension must
975 shall end. The department must issue an order confirming the end
976 of the suspension within 90 days after the applicant’s or
977 licensee’s submission to the department of a copy of the final
978 resolution of the criminal case or injunction. The copy provided
979 to the department must be sent through electronic or certified
980 mail to a location that must shall be specified on the notice of
981 suspension received by the licensee or applicant. If the
982 criminal case or injunction results in a disqualifying
983 disposition, the suspension must remain in effect and the
984 department must proceed with denial or revocation proceedings
985 pursuant to chapter 120.
986 (b) This subsection may not be construed to limit,
987 restrict, or inhibit the constitutional right to bear arms and
988 carry a concealed weapon in this state. The Legislature finds it
989 a matter of public policy and public safety that it is necessary
990 to ensure that potentially disqualifying information about an
991 applicant or licensee is investigated and processed in a timely
992 manner by the department pursuant to this section. The
993 Legislature intends to clarify that suspensions pursuant to this
994 section are temporary, and the department has the duty to make
995 an eligibility determination and issue a license in the
996 timeframe prescribed in this subsection.
997 Section 13. Paragraph (c) of subsection (2) of section
998 790.065, Florida Statutes, is amended to read:
999 790.065 Sale and delivery of firearms.—
1000 (2) Upon receipt of a request for a criminal history record
1001 check, the Department of Law Enforcement shall, during the
1002 licensee’s call or by return call, forthwith:
1003 (c)1. Review any records available to it to determine
1004 whether the potential buyer or transferee has been indicted or
1005 has had an information filed against her or him for an offense
1006 that is a felony under either state or federal law, or, as
1007 mandated by federal law, has had an injunction for protection
1008 against domestic violence entered against the potential buyer or
1009 transferee under s. 741.30, has had an injunction for protection
1010 against repeat or serious violence entered against the potential
1011 buyer or transferee under s. 784.046, or has been arrested for a
1012 dangerous crime as specified in s. 907.041(5)(a) or for any of
1013 the following enumerated offenses:
1014 a. Criminal anarchy under ss. 876.01 and 876.02.
1015 b. Extortion under s. 836.05.
1016 c. Explosives violations under s. 552.22(1) and (2).
1017 d. Controlled substances violations under chapter 893.
1018 e. Resisting an officer with violence under s. 843.01.
1019 f. Weapons and firearms violations under this chapter.
1020 g. Treason under s. 876.32.
1021 h. Assisting self-murder under s. 782.08.
1022 i. Sabotage under s. 876.38.
1023 j. Stalking or aggravated stalking under s. 784.048.
1024
1025 If the review indicates any such indictment, information, or
1026 arrest, the department must shall provide to the licensee a
1027 conditional nonapproval number.
1028 2. Within 24 working hours, the department shall determine
1029 the disposition of the indictment, information, or arrest and
1030 inform the licensee as to whether the potential buyer is
1031 prohibited from receiving or possessing a firearm. For purposes
1032 of this paragraph, “working hours” means the hours from 8 a.m.
1033 to 5 p.m. Monday through Friday, excluding legal holidays.
1034 3. The office of the clerk of court, at no charge to the
1035 department, shall respond to any department request for data on
1036 the disposition of the indictment, information, or arrest as
1037 soon as possible, but in no event later than 8 working hours.
1038 4. The department shall determine as quickly as possible
1039 within the allotted time period whether the potential buyer is
1040 prohibited from receiving or possessing a firearm.
1041 5. If the potential buyer is not so prohibited, or if the
1042 department cannot determine the disposition information within
1043 the allotted time period, the department must shall provide the
1044 licensee with a conditional approval number.
1045 6. If the buyer is so prohibited, the conditional
1046 nonapproval number must shall become a nonapproval number.
1047 7. The department shall continue its attempts to obtain the
1048 disposition information and may retain a record of all approval
1049 numbers granted without sufficient disposition information. If
1050 the department later obtains disposition information which
1051 indicates:
1052 a. That the potential buyer is not prohibited from owning a
1053 firearm, it must shall treat the record of the transaction in
1054 accordance with this section; or
1055 b. That the potential buyer is prohibited from owning a
1056 firearm, it must shall immediately revoke the conditional
1057 approval number and notify local law enforcement.
1058 8. During the time that disposition of the indictment,
1059 information, or arrest is pending and until the department is
1060 notified by the potential buyer that there has been a final
1061 disposition of the indictment, information, or arrest, the
1062 conditional nonapproval number must shall remain in effect.
1063 Section 14. Paragraph (m) of subsection (2) of section
1064 934.03, Florida Statutes, is amended to read:
1065 934.03 Interception and disclosure of wire, oral, or
1066 electronic communications prohibited.—
1067 (2)
1068 (m) It is lawful under this section and ss. 934.04-934.09
1069 for a person who is protected under an active temporary or final
1070 injunction for repeat or serious violence, sexual violence, or
1071 dating violence under s. 784.046; stalking under s. 784.0485;
1072 domestic violence under s. 741.30; or any other court-imposed
1073 prohibition of conduct toward the person to intercept and record
1074 a wire, oral, or electronic communication received in violation
1075 of such injunction or court order. A recording authorized under
1076 this paragraph may be provided to a law enforcement agency, an
1077 attorney, or a court for the purpose of evidencing a violation
1078 of an injunction or court order if the subject of the injunction
1079 or court order prohibiting contact has been served the
1080 injunction or is on notice that the conduct is prohibited. A
1081 recording authorized under this paragraph may not be otherwise
1082 disseminated or shared.
1083 Section 15. Paragraph (e) of subsection (2) of section
1084 943.05, Florida Statutes, is amended to read:
1085 943.05 Criminal Justice Information Program; duties; crime
1086 reports.—
1087 (2) The program shall:
1088 (e) Establish, implement, and maintain a Domestic and
1089 Repeat or Serious Violence Injunction Statewide Verification
1090 System capable of electronically transmitting information to and
1091 between criminal justice agencies relating to domestic violence
1092 injunctions, injunctions to prevent child abuse issued under
1093 chapter 39, and repeat or serious violence injunctions issued by
1094 the courts throughout the state. Such information must include,
1095 but is not limited to, information as to the existence and
1096 status of any such injunction for verification purposes.
1097 Section 16. For the purpose of incorporating the amendment
1098 made by this act to section 784.046, Florida Statutes, in
1099 references thereto, paragraphs (a), (c), and (d) of subsection
1100 (8) of section 28.2221, Florida Statutes, are reenacted to read:
1101 28.2221 Electronic access to official records.—
1102 (8)(a) Each county recorder or clerk of the court must make
1103 the identity of each respondent against whom a final judgment
1104 for an injunction for the protection of a minor under s. 741.30,
1105 s. 784.046, or s. 784.0485 is entered, as well as the fact that
1106 a final judgment for an injunction for the protection of a minor
1107 under s. 741.30, s. 784.046, or s. 784.0485 has been entered
1108 against that respondent, publicly available on the county
1109 recorder’s or clerk of the court’s official website, unless the
1110 respondent is a minor. The identity and information required
1111 under this subsection must be viewable through a searchable
1112 database that is available in a clear and conspicuous location
1113 on the homepage of the county recorder’s or clerk of the court’s
1114 official website and must be available for search by the general
1115 public.
1116 (c) Any information specified in this subsection not made
1117 available by the county clerk of the court as provided in this
1118 subsection before July 1, 2024, must be made publicly available
1119 on the county recorder’s or clerk of the court’s official
1120 website if the affected party identifies the information and
1121 requests that such information be added for general public
1122 display. Such request must be in writing and delivered by mail,
1123 facsimile, or electronic transmission or in person to the county
1124 recorder or clerk of the court. The request must specify the
1125 case number assigned to the final judgment for an injunction for
1126 the protection of a minor under s. 741.30, s. 784.046, or s.
1127 784.0485. A fee may not be charged for the addition of
1128 information pursuant to such request.
1129 (d) No later than 30 days after July 1, 2024, notice of the
1130 right of any affected party to request the addition of
1131 information to the searchable database on the county recorder’s
1132 or clerk of the court’s official website pursuant to this
1133 subsection must be conspicuously and clearly displayed by the
1134 county recorder or clerk of the court on the county recorder’s
1135 or clerk of the court’s official website on which images or
1136 copies of the county’s public records are placed and in the
1137 office of each county recorder or clerk of the court. Such
1138 notice must contain appropriate instructions for making the
1139 addition of information request in person, by mail, by
1140 facsimile, or by electronic transmission. The notice must state,
1141 in substantially similar form, that any person has a right to
1142 request that a county recorder or clerk of the court add
1143 information to the searchable database on the county recorder’s
1144 or clerk of the court’s official website if that information
1145 involves the identity of a respondent against whom a final
1146 judgment for an injunction for the protection of a minor under
1147 s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the
1148 respondent is a minor. The notice must also state that the
1149 information related to the identity of each respondent against
1150 whom a final judgment for an injunction for the protection of a
1151 minor under s. 741.30, s. 784.046, or s. 784.0485 is entered is
1152 available for search by the general public. The notice must
1153 include step-by-step instructions detailing how a user can
1154 access the searchable database and search for such information.
1155 Such request must be made in writing and delivered by mail,
1156 facsimile, or electronic transmission or in person to the county
1157 recorder or clerk of the court. The request must specify the
1158 case number assigned to the final judgment for an injunction for
1159 the protection of a minor under s. 741.30, s. 784.046, or s.
1160 784.0485. A fee may not be charged for the addition of a
1161 document pursuant to such request.
1162 Section 17. For the purpose of incorporating the amendment
1163 made by this act to section 784.046, Florida Statutes, in a
1164 reference thereto, subsection (1) of section 61.1827, Florida
1165 Statutes, is reenacted to read:
1166 61.1827 Identifying information concerning applicants for
1167 and recipients of child support services.—
1168 (1) Any information that reveals the identity of applicants
1169 for or recipients of child support services, including the name,
1170 address, and telephone number of such persons, held by a non
1171 Title IV-D county child support enforcement agency is
1172 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1173 of the State Constitution. The use or disclosure of such
1174 information by the non-Title IV-D county child support
1175 enforcement agency is limited to the purposes directly connected
1176 with:
1177 (a) Any investigation, prosecution, or criminal or civil
1178 proceeding connected with the administration of any non-Title
1179 IV-D county child support enforcement program;
1180 (b) Mandatory disclosure of identifying and location
1181 information as provided in s. 61.13(7) by the non-Title IV-D
1182 county child support enforcement agency when providing non-Title
1183 IV-D services;
1184 (c) Mandatory disclosure of information as required by ss.
1185 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
1186 Social Security Act; or
1187 (d) Disclosure to an authorized person, as defined in 45
1188 C.F.R. s. 303.15, for purposes of enforcing any state or federal
1189 law with respect to the unlawful taking or restraint of a child
1190 or making or enforcing a parenting plan. As used in this
1191 paragraph, the term “authorized person” includes a parent with
1192 whom the child does not currently reside, unless a court has
1193 entered an order under s. 741.30, s. 741.31, or s. 784.046.
1194 Section 18. For the purpose of incorporating the amendment
1195 made by this act to section 784.046, Florida Statutes, in a
1196 reference thereto, subsection (2) of section 741.311, Florida
1197 Statutes, is reenacted to read:
1198 741.311 Hope Card Program for persons issued orders of
1199 protection.—
1200 (2) Beginning October 1, 2024, a person who has been issued
1201 a final judgment on injunction for protection under s. 741.30,
1202 s. 784.046, s. 784.0485, or s. 825.1035 may request a Hope Card
1203 from the clerk of the court of the circuit in which the order
1204 for an injunction for protection was entered. A person may
1205 request a Hope Card at the time the final judgment on injunction
1206 for protection is issued or at any other time before the
1207 expiration of the order for protection.
1208 Section 19. For the purpose of incorporating the amendment
1209 made by this act to section 784.046, Florida Statutes, in a
1210 reference thereto, subsection (2) of section 741.315, Florida
1211 Statutes, is reenacted to read:
1212 741.315 Recognition of foreign protection orders.—
1213 (2) Pursuant to 18 U.S.C. s. 2265, an injunction for
1214 protection against domestic violence issued by a court of a
1215 foreign state must be accorded full faith and credit by the
1216 courts of this state and enforced by a law enforcement agency as
1217 if it were the order of a Florida court issued under s. 741.30,
1218 s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487,
1219 and provided that the court had jurisdiction over the parties
1220 and the matter and that reasonable notice and opportunity to be
1221 heard was given to the person against whom the order is sought
1222 sufficient to protect that person’s right to due process. Ex
1223 parte foreign injunctions for protection are not eligible for
1224 enforcement under this section unless notice and opportunity to
1225 be heard have been provided within the time required by the
1226 foreign state or tribal law, and in any event within a
1227 reasonable time after the order is issued, sufficient to protect
1228 the respondent’s due process rights.
1229 Section 20. For the purpose of incorporating the amendment
1230 made by this act to section 784.046, Florida Statutes, in
1231 references thereto, paragraph (e) of subsection (2) and
1232 paragraph (c) of subsection (3) of section 790.401, Florida
1233 Statutes, are reenacted to read:
1234 790.401 Risk protection orders.—
1235 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
1236 an action known as a petition for a risk protection order.
1237 (e) A petition must:
1238 1. Allege that the respondent poses a significant danger of
1239 causing personal injury to himself or herself or others by
1240 having a firearm or any ammunition in his or her custody or
1241 control or by purchasing, possessing, or receiving a firearm or
1242 any ammunition, and must be accompanied by an affidavit made
1243 under oath stating the specific statements, actions, or facts
1244 that give rise to a reasonable fear of significant dangerous
1245 acts by the respondent;
1246 2. Identify the quantities, types, and locations of all
1247 firearms and ammunition the petitioner believes to be in the
1248 respondent’s current ownership, possession, custody, or control;
1249 and
1250 3. Identify whether there is a known existing protection
1251 order governing the respondent under s. 741.30, s. 784.046, or
1252 s. 784.0485 or under any other applicable statute.
1253 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
1254 (c) In determining whether grounds for a risk protection
1255 order exist, the court may consider any relevant evidence,
1256 including, but not limited to, any of the following:
1257 1. A recent act or threat of violence by the respondent
1258 against himself or herself or others, whether or not such
1259 violence or threat of violence involves a firearm.
1260 2. An act or threat of violence by the respondent within
1261 the past 12 months, including, but not limited to, acts or
1262 threats of violence by the respondent against himself or herself
1263 or others.
1264 3. Evidence of the respondent being seriously mentally ill
1265 or having recurring mental health issues.
1266 4. A violation by the respondent of a risk protection order
1267 or a no contact order issued under s. 741.30, s. 784.046, or s.
1268 784.0485.
1269 5. A previous or existing risk protection order issued
1270 against the respondent.
1271 6. A violation of a previous or existing risk protection
1272 order issued against the respondent.
1273 7. Whether the respondent, in this state or any other
1274 state, has been convicted of, had adjudication withheld on, or
1275 pled nolo contendere to a crime that constitutes domestic
1276 violence as defined in s. 741.28.
1277 8. Whether the respondent has used, or has threatened to
1278 use, against himself or herself or others any weapons.
1279 9. The unlawful or reckless use, display, or brandishing of
1280 a firearm by the respondent.
1281 10. The recurring use of, or threat to use, physical force
1282 by the respondent against another person or the respondent
1283 stalking another person.
1284 11. Whether the respondent, in this state or any other
1285 state, has been arrested for, convicted of, had adjudication
1286 withheld on, or pled nolo contendere to a crime involving
1287 violence or a threat of violence.
1288 12. Corroborated evidence of the abuse of controlled
1289 substances or alcohol by the respondent.
1290 13. Evidence of recent acquisition of firearms or
1291 ammunition by the respondent.
1292 14. Any relevant information from family and household
1293 members concerning the respondent.
1294 15. Witness testimony, taken while the witness is under
1295 oath, relating to the matter before the court.
1296 Section 21. For the purpose of incorporating the amendment
1297 made by this act to section 784.046, Florida Statutes, in a
1298 reference thereto, subsection (6) of section 901.15, Florida
1299 Statutes, is reenacted to read:
1300 901.15 When arrest by officer without warrant is lawful.—A
1301 law enforcement officer may arrest a person without a warrant
1302 when:
1303 (6) There is probable cause to believe that the person has
1304 committed a criminal act according to s. 790.233 or according to
1305 s. 741.31, s. 784.047, or s. 825.1036 which violates an
1306 injunction for protection entered pursuant to s. 741.30, s.
1307 784.046, or s. 825.1035 or a foreign protection order accorded
1308 full faith and credit pursuant to s. 741.315, over the objection
1309 of the petitioner, if necessary.
1310 Section 22. For the purpose of incorporating the amendment
1311 made by this act to section 784.046, Florida Statutes, in a
1312 reference thereto, subsection (5) of section 901.41, Florida
1313 Statutes, is reenacted to read:
1314 901.41 Prearrest diversion programs.—
1315 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
1316 of domestic violence, as defined in s. 741.28, or a misdemeanor
1317 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
1318 s. 784.0487, or s. 784.049 does not qualify for a civil citation
1319 or prearrest diversion program.
1320 Section 23. For the purpose of incorporating the amendment
1321 made by this act to section 784.046, Florida Statutes, in a
1322 reference thereto, paragraph (p) of subsection (6) of section
1323 921.141, Florida Statutes, is reenacted to read:
1324 921.141 Sentence of death or life imprisonment for capital
1325 felonies; further proceedings to determine sentence.—
1326 (6) AGGRAVATING FACTORS.—Aggravating factors shall be
1327 limited to the following:
1328 (p) The capital felony was committed by a person subject to
1329 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1330 foreign protection order accorded full faith and credit pursuant
1331 to s. 741.315, and was committed against the petitioner who
1332 obtained the injunction or protection order or any spouse,
1333 child, sibling, or parent of the petitioner.
1334 Section 24. For the purpose of incorporating the amendment
1335 made by this act to section 784.046, Florida Statutes, in a
1336 reference thereto, paragraph (j) of subsection (7) of section
1337 921.1425, Florida Statutes, is reenacted to read:
1338 921.1425 Sentence of death or life imprisonment for capital
1339 sexual battery; further proceedings to determine sentence.—
1340 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
1341 limited to the following:
1342 (j) The capital felony was committed by a person subject to
1343 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1344 foreign protection order accorded full faith and credit pursuant
1345 to s. 741.315, and was committed against the petitioner who
1346 obtained the injunction or protection order or any spouse,
1347 child, sibling, or parent of the petitioner.
1348 Section 25. For the purpose of incorporating the amendment
1349 made by this act to section 784.046, Florida Statutes, in a
1350 reference thereto, paragraph (i) of subsection (7) of section
1351 921.1427, Florida Statutes, is reenacted to read:
1352 921.1427 Sentence of death or life imprisonment for capital
1353 human trafficking of vulnerable persons for sexual exploitation;
1354 further proceedings to determine sentence.—
1355 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
1356 limited to the following:
1357 (i) The capital felony was committed by a person subject to
1358 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1359 foreign protection order accorded full faith and credit pursuant
1360 to s. 741.315, and was committed against the petitioner who
1361 obtained the injunction or protection order or any spouse,
1362 child, sibling, or parent of the petitioner.
1363 Section 26. For the purpose of incorporating the amendment
1364 made by this act to section 784.046, Florida Statutes, in a
1365 reference thereto, subsection (3) of section 934.425, Florida
1366 Statutes, is reenacted to read:
1367 934.425 Installation or use of tracking devices or tracking
1368 applications; exceptions; penalties.—
1369 (3) For purposes of this section, a person’s consent is
1370 presumed to be revoked if:
1371 (a) The consenting person and the person to whom consent
1372 was given are lawfully married and one person files a petition
1373 for dissolution of marriage from the other; or
1374 (b) The consenting person or the person to whom consent was
1375 given files an injunction for protection against the other
1376 person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
1377 784.0485.
1378 Section 27. This act shall take effect July 1, 2026.