Florida 2024 2024 Regular Session

Florida House Bill H0045 Comm Sub / Bill

Filed 01/30/2024

                       
 
CS/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 clerks of the circuit court, in 4 
consultation with the Office of the Attorney General, 5 
to develop and implement the Hope Card Program; 6 
authorizing certain persons to request a Hope Card 7 
after a specified date; specifying when and how a 8 
person may request a Hope Card; requiring clerks' 9 
offices to create a Hope Card and provide such card to 10 
petitioners within a specified time frame; prohibiting 11 
the assessment of a fee; providing requirements for 12 
the Hope Card; providing criminal penalties for the 13 
fraudulent use of a Hope Card; amending ss. 7 41.30, 14 
784.046, 784.0485, and 825.1035, F.S.; conforming 15 
provisions to changes made by the act; providing an 16 
effective date. 17 
 18 
Be It Enacted by the Legislature of the State of Florida: 19 
 20 
 Section 1.  Section 741.311, Florida Statutes, is created 21 
to read: 22 
 741.311  Hope Card Program for persons issued orders of 23 
protection.— 24 
 (1)  The clerks of the circuit court, in consultation with 25     
 
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the Office of the Attorney General, shall develop and implement 26 
the Hope Card Program, which provides for the issuance of a Hope 27 
Card to any person who has been issued an order of protection by 28 
a county or circuit court in this state. 29 
 (2)  Beginning October 1, 2024, a person who has been 30 
issued a final judgment on injunction for protection under s. 31 
741.30, s. 784.046, s. 784. 0485, or s. 825.1035 may request a 32 
Hope Card from the clerk of the court of the circuit in which 33 
the order for an injunction for protection was entered. A person 34 
may request a Hope Card at the time the final judgment on 35 
injunction for protection is issued or at any other time before 36 
the expiration of the order for protection. 37 
 (3)  After the court has issued a final judgment on 38 
injunction for protection and within 3 business days after 39 
receipt of a request for a Hope Card, the clerk of the court 40 
shall create the Hope Card and provide it to the petitioner. 41 
 (4)  The clerk of the court may not assess a fee for the 42 
issuance of a Hope Card. 43 
 (5)  A Hope Card is valid for 2 years after the date of 44 
issuance of the final order or the expiration date of the 45 
injunction, whichever is earlier. A Hope Card may be renewed 46 
after the 2-year period if the injunction is still in effect. 47 
 (6)  A Hope Card issued under the program must be a 48 
durable, wallet-sized card containing all of the following 49 
information: 50     
 
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 (a)  The respondent's name and date of birth. 51 
 (b)  The name and date of birth of the petitioner or 52 
protected person. 53 
 (c)  Information regarding the issuing court; the case 54 
number; the date the order of protection was issued; and the 55 
expiration date, if any, of the orde r of protection. 56 
 (d)  The date of issuance and the expiration date of the 57 
Hope Card. 58 
 (7)  A person who, having actual knowledge that he or she 59 
is not protected by an injunction that is currently in force and 60 
effect, knowingly and willfully presents to another person a 61 
Hope Card or other document purporting to be a Hope Card for the 62 
purpose of evidencing the existence of an injunction, commits a 63 
misdemeanor of the second degree, punishable as provided in s. 64 
775.082 or s. 775.083. 65 
 Section 2.  Paragraph (d) is added to subsection (8) of 66 
section 741.30, Florida Statutes, to read: 67 
 741.30  Domestic violence; injunction; powers and duties of 68 
court and clerk; petition; notice and hearing; temporary 69 
injunction; issuance of injunction; statewide verification 70 
system; enforcement; public records exemption. — 71 
 (8) 72 
 (d)  The petitioner may request a Hope Card under s. 73 
741.311 after the court has issued a final order of protection. 74 
 Section 3.  Paragraph (d) is added to s ubsection (8) of 75     
 
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section 784.046, Florida Statutes, to read: 76 
 784.046  Action by victim of repeat violence, sexual 77 
violence, or dating violence for protective injunction; dating 78 
violence investigations, notice to victims, and reporting; 79 
pretrial release violations; public records exemption. — 80 
 (8) 81 
 (d)  The petitioner may request a Hope Card under s. 82 
741.311 after the court has issued a final order of protection. 83 
 Section 4.  Paragraph (c) is added to subsection (8) of 84 
section 784.0485, Florida Statutes, t o read: 85 
 784.0485  Stalking; injunction; powers and duties of court 86 
and clerk; petition; notice and hearing; temporary injunction; 87 
issuance of injunction; statewide verification system; 88 
enforcement.— 89 
 (8) 90 
 (c)  The petitioner may request a Hope Card under s. 91 
741.311 after the court has issued a final order of protection. 92 
 Section 5.  Paragraph (c) is added to subsection (10) of 93 
section 825.1035, Florida Statutes, to read: 94 
 825.1035  Injunction for protection against exploitation of 95 
a vulnerable adult.— 96 
 (10)  TRANSMITTAL TO SHERIFF; SERVICE ; HOPE CARD.— 97 
 (c)  The petitioner may request a Hope Card under s. 98 
741.311 after the court has issued a final order of protection. 99 
 Section 6.  This act shall take effect October 1, 2024. 100