CS/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
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 the clerks of the 6
circuit courts to implement the program; authorizing 7
certain persons to apply for a Hope Card after a 8
specified date; requiring applications for a Hope Card 9
to be available online and in the clerks' offices; 10
requiring clerks' offices to mail, by certified mail, 11
a Hope Card to petitioners within a specified time 12
frame; prohibiting the assessment of a fee; providing 13
requirements for the Hope Card; providing criminal 14
penalties for the fraudulent use of a Hope Card; 15
amending s. 741.315, F.S.; authorizing a person 16
protected by an injunction for protection issued by a 17
court of a foreign state to apply for and receive a 18
Hope Card even if the person does not register the 19
order for protection in this state; amending ss. 20
741.30, 784.046, 784.0485, and 825.1035, 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
CS/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
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Section 1. Section 74 1.311, Florida Statutes, is created 27
to read: 28
741.311 Hope Card Program for persons issued orders of 29
protection.— 30
(1) The Office of the State Courts Administrator, in 31
consultation with the Office of the Attorney General and the 32
clerks of the circuit cou rts through their association, shall 33
develop the Hope Card Program, which provides for the issuance 34
of a Hope Card to any person who has been issued an order of 35
protection by a county or circuit court in this state, or by a 36
court of a foreign state pursuan t to s. 741.315. The clerks of 37
the circuit courts shall implement the Hope Card Program. 38
(2) Beginning July 1, 2024, a person who has been issued a 39
final judgment on injunction for protection under s. 741.30, s. 40
784.046, s. 784.0485, or s. 825.1035 may a pply for a Hope Card 41
with the clerk of the court of the circuit where the petition 42
for an injunction for protection was initially filed. A person 43
protected by a foreign protection order under s. 741.315 may 44
submit an application for a Hope Card to any cler k of court in 45
the state. A person may apply for a Hope Card at the time the 46
final judgment on injunction for protection is issued or at any 47
other time before the expiration of the order of protection. 48
(3) Hope Card applications must be available on the 49
website of each clerk of the court and paper applications must 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
also be available at the clerk's office. After the court has 51
issued an injunction for protection and within 24 hours after 52
receipt of an application, the clerk of the court shall mail the 53
Hope Card to the petitioner by certified mail. 54
(4) The clerk of the court may not assess a fee for the 55
issuance of a Hope Card. 56
(5) A Hope Card is valid for 2 years after the date of 57
issuance or the expiration date of the injunction for 58
protection, whichever is earlier. A Hope Card may be renewed 59
after the 2-year period if the injunction for protection is 60
still in effect. 61
(6) A Hope Card issued under the program must be a 62
durable, laminated, wallet -sized card containing all of the 63
following information: 64
(a) The respondent's name, date of birth, height, weight, 65
sex, race, eye color, hair color, and any other distinguishing 66
features or characteristics of the respondent. 67
(b) The petitioner's name and date of birth and the names 68
and dates of birth of any min or children protected under the 69
order. 70
(c) The name and date of birth, if applicable, of any 71
other person or animal protected under the order. 72
(d) Pertinent information about the order of protection, 73
including, but not limited to, the issuing court; th e case 74
number; the date the order of protection was issued; the 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
expiration date, if any, of the order of protection; the 76
locations from which the respondent is restrained; and any other 77
relevant details of the order. 78
(e) A statement providing that the Hope Card is valid for 79
2 years after the date of issuance or until the expiration date 80
of the injunction for protection, whichever is earlier. 81
(7) A person who, having actual knowledge that he or she 82
is not protected by an injunction that is currently in full 83
force and effect, knowingly and willfully presents to another 84
person a Hope Card or other document purporting to be a Hope 85
Card for the purpose of evidencing the existence of an 86
injunction for protection, commits a misdemeanor of the second 87
degree, punishable as provided in s. 775.082 or s. 775.083. 88
Section 2. Paragraph (d) is added to subsection (8) of 89
section 741.30, Florida Statutes, to read: 90
741.30 Domestic violence; injunction; powers and duties of 91
court and clerk; petition; notice and hear ing; temporary 92
injunction; issuance of injunction; statewide verification 93
system; enforcement; public records exemption. — 94
(8) 95
(d) If the petitioner applies for a Hope Card under s. 96
741.311, after the court has issued a final order of protection, 97
the clerk of the court must mail the Hope Card to the petitioner 98
by certified mail within 24 hours after receipt of the 99
petitioner's application for the card. 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
Section 3. Subsections (4), (5), and (6) of section 101
741.315, Florida Statutes, are renumbered as sub sections (5), 102
(6), and (7), respectively, and a new subsection (4) is added to 103
that section, to read: 104
741.315 Recognition of foreign protection orders. — 105
(4) A person protected by an injunction for protection 106
issued by a court of a foreign state may app ly for a Hope Card 107
under s. 741.311, as if the order of protection was issued by a 108
Florida court. Failure to register a foreign order does not 109
preclude a protected person from applying and receiving a Hope 110
Card. 111
Section 4. Paragraph (d) is added to sub section (8) of 112
section 784.046, Florida Statutes, to read: 113
784.046 Action by victim of repeat violence, sexual 114
violence, or dating violence for protective injunction; dating 115
violence investigations, notice to victims, and reporting; 116
pretrial release viol ations; public records exemption. — 117
(8) 118
(d) If the petitioner applies for a Hope Card under s. 119
741.311, after the court has issued a final order of protection, 120
the clerk of the court must mail the Hope Card to the petitioner 121
by certified mail within 24 h ours after receipt of the 122
petitioner's application for the card. 123
Section 5. Paragraph (c) is added to subsection (8) of 124
section 784.0485, Florida Statutes, to read: 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
784.0485 Stalking; injunction; powers and duties of court 126
and clerk; petition; notice and hearing; temporary injunction; 127
issuance of injunction; statewide verification system; 128
enforcement.— 129
(8) 130
(c) If the petitioner applies for a Hope Card under s. 131
741.311, after the court has issued a final order of protection, 132
the clerk of the court m ust mail the Hope Card to the petitioner 133
by certified mail within 24 hours after receipt of the 134
petitioner's application for the card. 135
Section 6. Paragraph (c) is added to subsection (10) of 136
section 825.1035, Florida Statutes, to read: 137
825.1035 Injunction for protection against exploitation of 138
a vulnerable adult.— 139
(10) TRANSMITTAL TO SHERIFF; SERVICE ; HOPE CARD.— 140
(c) If the petitioner applies for a Hope Card under s. 141
741.311, after the court has issued a final order of protection, 142
the clerk of the court must mail the Hope Card to the petitioner 143
by certified mail within 24 hours after receipt of the 144
petitioner's application for the card. 145
Section 7. This act shall take effect July 1, 2024. 146