Florida 2024 2024 Regular Session

Florida House Bill H0045 Introduced / Bill

Filed 09/15/2023

                       
 
HB 45  	2024 
 
 
 
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hb0045-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to Hope Cards for persons issued 2 
orders of protection; creating s. 741.311, F.S.; 3 
requiring the Office of the State Courts 4 
Administrator, in consultation with others, to develop 5 
the Hope Card Program; requiring state courts to 6 
implement the program; authorizing the Office of the 7 
State Courts Administrator to adopt rules; authorizing 8 
certain persons to apply for a Hope Card after a 9 
specified date; requiring applications for a Hope Card 10 
to be available online and in the clerks' offices; 11 
requiring clerks' offices to mail, by certified mail, 12 
a Hope Card to petitioners within a specified time 13 
frame; prohibiting the assessment of a fee; providing 14 
requirements for the Hope Card; amending s. 741.315, 15 
F.S.; authorizing a person protected by an injunction 16 
for protection issued by a court of a foreign state to 17 
apply for and receive a Hope Card even if the person 18 
does not register the order for protection in this 19 
state; amending ss. 741.30, 784.046, 784.0485, and 20 
825.1035, F.S.; conforming provisions to changes made 21 
by the act; providing an effective date. 22 
 23 
Be It Enacted by the Legislature of the State of Florida: 24 
 25     
 
HB 45  	2024 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 Section 1.  Section 741.311, Florida Statutes, is created 26 
to read: 27 
 741.311  Hope Card Program for persons issued orders of 28 
protection.— 29 
 (1)  The Office of the State Courts Administrator shall 30 
develop and all district, county, and circuit courts shall 31 
implement the Hope Card Program, which p rovides for the issuance 32 
of a Hope Card to any person who has been issued an order of 33 
protection by a district, county, or circuit court in this 34 
state, or by a court of a foreign state pursuant to s. 741.315. 35 
The Office of the State Courts Administrator ma y consult with 36 
the Attorney General, the Secretary of State, and the clerks of 37 
court to develop and implement the program. The Office of the 38 
State Courts Administrator may adopt rules to implement this 39 
section. 40 
 (2)  Beginning July 1, 2024, a person who ha s been issued a 41 
final judgment on injunction for protection under s. 741.30, s. 42 
784.046, s. 784.0485, or s. 825.1035 may apply for a Hope Card 43 
with the clerk of the court of the circuit where the petition 44 
for an injunction for protection was initially file d. A person 45 
protected by a foreign protection order under s. 741.315 may 46 
submit an application for a Hope Card to any clerk of court in 47 
the state. A person may apply for a Hope Card at the time the 48 
final judgment on injunction for protection is issued or a t any 49 
other time before the expiration of the order of protection. 50     
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (3)  Hope Card applications must be available on the 51 
website of each clerk of the court and paper applications must 52 
also be available at the clerk's office. After the court has 53 
issued an injunction for protection and within 24 hours after 54 
receipt of an application, the clerk of the court shall mail the 55 
Hope Card to the petitioner by certified mail. 56 
 (4)  The clerk of the court may not assess a fee for the 57 
issuance of a Hope Card. 58 
 (5)  A Hope Card issued under the program must be a 59 
durable, laminated, wallet -sized card containing all of the 60 
following information: 61 
 (a)  The respondent's name, date of birth, height, weight, 62 
sex, race, eye color, hair color, and any other distinguishing 63 
features or characteristics of the respondent. 64 
 (b)  The petitioner's name and date of birth and the names 65 
and dates of birth of any minor children protected under the 66 
order. 67 
 (c)  The name and date of birth, if applicable, of any 68 
other person or animal protected under the order. 69 
 (d)  Pertinent information about the order of protection, 70 
including, but not limited to, the issuing court; the case 71 
number; the date the order of protection was issued; the 72 
expiration date, if any, of the order of protection; the 73 
locations from which the respondent is restrained; and any other 74 
relevant details of the order. 75     
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 Section 2.  Paragraph (d) is added to subsection (8) of 76 
section 741.30, Florida Statutes, to read: 77 
 741.30  Domestic violence; injunction; powers and duties of 78 
court and clerk; petition; notice and hearing; temporary 79 
injunction; issuance of injunction; statewide verification 80 
system; enforcement; public records exemption. — 81 
 (8) 82 
 (d)  If the petitioner applies for a Hope Card under s. 83 
741.311, after the court has issued a final order of protection, 84 
the clerk of the court must mail the Hope Card to the petitioner 85 
by certified mail within 24 hours after receipt of the 86 
petitioner's application for the card. 87 
 Section 3.  Subsections (4), (5), and (6) of section 88 
741.315, Florida Statutes, are renumbered as subsections (5), 89 
(6), and (7), respectively, and a new subsection (4) is added to 90 
that section, to read: 91 
 741.315  Recognition of foreign protection orders. — 92 
 (4)  A person protected by an injunction for protection 93 
issued by a court of a foreign state may apply for a Hope Card 94 
under s. 741.311, as if the order of protection was issued by a 95 
Florida court. Failure to register a foreign order does not 96 
preclude a protected person from applying and receiving a Hope 97 
Card. 98 
 Section 4.  Paragraph (d) is added to subsection (8) of 99 
section 784.046, Florida Statutes, to read: 100     
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 784.046  Action by victim of repeat violence, sexual 101 
violence, or dating violence for protective injunction; dating 102 
violence investigations, notice to vi ctims, and reporting; 103 
pretrial release violations; public records exemption. — 104 
 (8) 105 
 (d)  If the petitioner applies for a Hope Card under s. 106 
741.311, after the court has issued a final order of protection, 107 
the clerk of the court must mail the Hope Card to t he petitioner 108 
by certified mail within 24 hours after receipt of the 109 
petitioner's application for the card. 110 
 Section 5.  Paragraph (c) is added to subsection (8) of 111 
section 784.0485, Florida Statutes, to read: 112 
 784.0485  Stalking; injunction; powers and duties of court 113 
and clerk; petition; notice and hearing; temporary injunction; 114 
issuance of injunction; statewide verification system; 115 
enforcement.— 116 
 (8) 117 
 (c)  If the petitioner applies for a Hope Card under s. 118 
741.311, after the court has issued a final or der of protection, 119 
the clerk of the court must mail the Hope Card to the petitioner 120 
by certified mail within 24 hours after receipt of the 121 
petitioner's application for the card. 122 
 Section 6.  Paragraph (c) is added to subsection (10) of 123 
section 825.1035, Florida Statutes, to read: 124 
 825.1035  Injunction for protection against exploitation of 125     
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
a vulnerable adult.— 126 
 (10)  TRANSMITTAL TO SHERIFF; SERVICE ; HOPE CARD.— 127 
 (c)  If the petitioner applies for a Hope Card under s. 128 
741.311, after the court has issued a final order of protection, 129 
the clerk of the court must mail the Hope Card to the petitioner 130 
by certified mail within 24 hours after receipt of the 131 
petitioner's application for the card. 132 
 Section 7.  This act shall take effect July 1, 2024. 133