This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0045c.JUA
DATE: 1/30/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 45 Hope Cards for Persons Issued Orders of Protection
SPONSOR(S): Justice Appropriations Subcommittee, Civil Justice Subcommittee, Gottlieb and others
TIED BILLS: IDEN./SIM. BILLS: SB 86
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 16 Y, 0 N, As CS Mathews Jones
2) Justice Appropriations Subcommittee 13 Y, 0 N, As CS Smith Keith
3) Judiciary Committee
SUMMARY ANALYSIS
Pursuant to s. 741.28, F.S., domestic violence means any assault, aggravated assault, battery, aggravated
battery, sexual assault, aggravated sexual assault, stalking, aggravated stalking, kidnapping, false
imprisonment, or any other criminal offense resulting in physical injury or death of one family or household
member by another family or household member. To protect himself or herself from abuse or threats of abuse,
a domestic violence victim may petition for a protective injunction.
Chapter 741, F.S., provides a process for an alleged victim to seek protection from domestic violence.
Generally, a petitioner files a sworn petition with the circuit court seeking a protective order or injunction for
protection against domestic violence. Upon review of the petition and any supporting documents by a judge,
one of three ex parte actions generally occur:
The petition for injunction is denied, and the judge must provide written findings detailing the reasons
for the denial;
A temporary injunction is issued and a return hearing is set to be held within 15 days; or
The injunction is denied but a return hearing is set for the matter to be heard in court with both parties
having the opportunity to be present.
Following a hearing, the court may either issue a final injunction or deny the petition and close the case. A final
injunction may be issued for a set period of time or may remain in place indefinitely.
CS/CS/HB 45 creates s. 741.311, F.S., establishing the Hope Card Program to provide a wallet-sized card to a
person issued an order of protection by a county or circuit court in Florida. The bill directs the clerks of the
court to develop and implement the program in consultation with the Attorney General. Under the bill, a person
who has been issued a final judgment on injunction for protection against domestic violence, stalking, repeat
violence, sexual violence, dating violence, or abuse or exploitation of an elderly person or disabled adult may
apply for a Hope Card with the clerk of the court where the petition was originally filed.
The bill provides specifications for the form and content of the card and imposes time limitations on when the
card must be produced and provided to the applicant. Under the bill, a Hope Card is valid for up to two years
after its issuance but may be renewed if the injunction remains in effect. The bill provides a criminal penalty for
the intentional misuse of a Hope Card or a document purporting to be a Hope Card.
The bill has an indeterminate negative fiscal impact on the clerks of court, however, it is anticipated that any
impact can be absorbed within existing resources. See Fiscal Comments.
The bill provides an effective date of October 1, 2024. STORAGE NAME: h0045c.JUA PAGE: 2
DATE: 1/30/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Domestic Violence
Domestic violence means any criminal offense resulting in the physical injury or death of one family or
household member
1
by another family or household member,
2
including:
Assault;
3
Aggravated assault;
4
Battery;
5
Aggravated battery;
6
Sexual assault;
7
Sexual battery;
8
Stalking;
9
Aggravated stalking;
10
Kidnapping;
11
and
False imprisonment.
12
In 2020, the last statistical report provided by the Florida Department of Law Enforcement indicated
Florida law enforcement agencies received 106,615 domestic violence reports,
13
resulting in 63,345
arrests.
14
During fiscal year 2021-2022, Florida’s 41 certified domestic violence shelters
15
admitted
11,811 victims to a residential services program and 38,630 victims to a non-residential outreach
1
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons pres ently res iding
together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common
regardless of whether they have been married. With the exception of persons who have a child in common, the family or household
members must be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28(3), F.S.
2
S. 741.28(2), F.S.
3
“Assault” means an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so,
creating a well-founded fear in such other person that violence is imminent. S. 784.011, F.S.
4
“Aggravated assault” means an assault with a deadly weapon without intent to kill, or an assault with intent to commit a felony. S.
784.021, F.S.
5
“Battery” means the actual and intentional touching or striking of another against his or her will or intentionally causing bodily harm to
another. S. 784.03, F.S.
6
“Aggravated battery” means a battery in which the offender intentionally or knowingly caused great bodily harm, permanent disability,
or permanent disfigurement; used a deadly weapon; or victimized a person the offender knew or should have known was pregnant. S.
784.045, F.S.
7
“Sexual assault” has the same meaning as sexual battery.
8
“Sexual battery” means oral, anal, or vaginal penetration by, or in union with, the sexual organ of another or the anal or vaginal
penetration of another by any object, but does not include an act done for a bona fide medical purpose. S. 794.011(1)(h), F.S.
9
“Stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another. S. 784.048(2), F.S.
10
“Aggravated stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another and making a
credible threat to that person. S. 784.048(3), F.S.
11
“Kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another against his or her will and without
lawful authority with the intent to hold for ransom or reward or as a shield or hostage; commit or facilitate a felony; inflict bodily harm
upon or terrorize another; or interfere with the performance of any governmental or political function. S. 787.01(1), F.S.
12
“False imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another pers on without
lawful authority and against his or her will. S. 787.02(1), F.S.
13
Florida Department of Law Enforcement , Statewide Reported Domestic Violence Offenses in Florida, 1992 -2020,
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/02/DV_Offenses_by_Type.aspx (last visited Jan. 22,
2024).
14
Florida Department of Law Enforcement, Florida’s County and Jurisdictional Domestic Violence Related Arrests, 2020,
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/07/DV_Jurisdiction_Arrests_2020.aspx (last visited
Jan. 22, 2024).
15
“Domestic violence shelter” means an agency providing services to domestic violence victims as its primary mission. The Florida
Department of Children and Families operates the statewide Domestic Violence Program, responsible for certifying domestic violence
centers. Section 39.905, F.S., and ch. 65H-1, F.A.C., set forth the minimum domestic violence center certification standards. STORAGE NAME: h0045c.JUA PAGE: 3
DATE: 1/30/2024
services program.
16
During the same year, the domestic violence centers answered 81,357 crisis
hotline calls, completed 171,008 safety plans with survivors, and provided 380,040 direct service
information and referrals to survivors, family members, and individuals seeking services.
17
Repeat Violence, Sexual Violence, and Dating Violence
Separate and apart from the criminal actions established relating to domestic violence, Florida
recognizes repeat violence, sexual violence, and dating violence as offenses for which a victim may
seek civil injunctive protection. Pursuant to s. 784.046, F.S., “sexual violence” means any one of the
following incidents, regardless of whether criminal charges were filed, reduced, or dismissed:
Sexual battery, as defined under ch. 794, F.S.;
A lewd or lascivious act committed upon or in the presence of a person under 16 years of age;
Luring or enticing a child;
Sexual performance by a child; or
Any other forcible felony wherein a sexual act is committed or attempted.
“Dating violence” is violence between two people who have had or continue to have a significant
relationship of a romantic or intimate nature.
18
Unlike with domestic violence, there is no requirement
that the alleged victim and aggressor reside together in the same home. Further, the existence of
dating violence is proven based on a consideration of the following factors:
19
A dating relationship must have existed within the past 6 months;
The nature of the relationship must have been characterized by the expectation of affection or
sexual involvement between the parties; and
The frequency and type of interaction between the persons involved in the relationship must
have included that the persons have been involved over time and on a continuous basis during
the course of the relationship.
Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults
Section 825.103, F.S., prohibits specified exploitation of elderly persons or disabled adults and
provides criminal penalties for a violation. Under s. 825.101(4), F.S., an elderly person is defined as a
person 60 years of age or older who is suffering from the infirmities of aging as manifested by
advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, to the
extent that the ability of the person to provide adequately for the person’s own care or protection is
impaired. A disabled adult is defined as a person 18 years of age or older who suffers from a condition
of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental
illness, or who has one or more physical or mental limitations that restrict the person’s ability to perform
the normal activities of daily living.
20
Under s. 825.103, F.S., exploitation of an elderly person or disabled adult (EPDA) means:
Knowingly obtaining or using, or endeavoring to obtain or use, an EPDA’s funds, assets, or
property with the intent to temporarily or permanently deprive the EPDA of the use, benefit, or
possession of the funds, assets, or property, or to benefit someone other than the EPDA, by a
person who:
o Stands in a position of trust and confidence with the EPDA; or
o Has a business relationship with the EPDA.
21
Obtaining or using, or endeavoring to obtain or use, or conspiring with another to obtain or use
an EPDA’s funds, assets, or property with the intent to temporarily or permanently deprive the
EPDA of the use, benefit, or possession of the funds, assets, or property, or to benefit someone
16
Florida Department of Ch ildren and Families , 2022 Domestic Violence Annual Report
https://www.myflfamilies.com/sites/default/files/2023-02/Domestic_Violence_Annual_Report_2021-22.pdf (last visited Jan. 22, 2024).
17
Id.
18
S. 784.046(1)(d), F.S.
19
Id.
20
S. 825.101(3), F.S.
21
S. 825.103(1)(a), F.S. STORAGE NAME: h0045c.JUA PAGE: 4
DATE: 1/30/2024
other than the EPDA, by a person who knows or reasonably should know that the EPDA lacks
the capacity
22
to consent.
23
Breach of a fiduciary duty to an EPDA by the person’s guardian, trustee, or agent under a
power of attorney which results in an unauthorized appropriation, sale, transfer of property,
kickback,
24
or receipt of an improper benefit.
25
An unauthorized appropriation occurs when the
EPDA does not receive the reasonably equivalent financial value in goods or services, or when
the fiduciary violates a specified duty.
26
Misappropriating, misusing, or transferring without authorization money belonging to an EPDA
from an account
27
in which the EPDA placed the funds, owned the funds, and was the sole
contributor or payee of the funds before the misappropriation, misuse, or unauthorized
transfer.
28
Intentionally and negligently failing to effectively use an EPDA’s income and assets for the
necessities required for that person’s support and maintenance, by a caregiver or a person who
stands in a position of trust and confidence with the EPDA.
29
Knowingly obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain
or use an EPDA’s funds, assets, property, or estate through intentional modification, alteration,
or fraudulent creation of a plan of distribution or disbursement expressed in a will, trust
agreement, or other testamentary devise of the EPDA without:
o A court order which authorizes the modification or alteration;
o A written instrument executed by the EPDA, sworn to and witnessed by two persons
who would be competent as witnesses to a will, which authorizes the modification or
alteration; or
o Action of an agent under a valid power of attorney which authorizes the modification
or alteration.
30
Injunctions for Protection
Domestic Violence Injunctions
An injunction is a court order prohibiting a person from doing a specified act or commanding a person
to undo some wrong or injury.
31
An injunction for protection against domestic violence (“domestic
violence injunction”) may be sought by a family or household member.
32
The parties do not need to be
married before a person can seek relief from domestic violence, and a party’s right to seek relief is not
affected by leaving the residence or household to avoid domestic violence.
33
Upon the filing of a petition for an injunction against domestic violence, the court must set a hearing at
the earliest possible time.
34
However, if the court finds the petitioner is in immediate and present danger
22
“Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder,
physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause, that causes an elderly
person or disabled adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the
elderly person’s or disabled adult’s person or property. S. 825.101(10), F.S.
23
S. 825.103(1)(b), F.S.
24
“Kickback” means a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an
incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and
necessary expense. S. 456.054(1), F.S.
25
“Improper benefit” means any remuneration or payment, by or on behalf of any service provider or merchant of goods, to any person
as an incentive or inducement to refer customers or patrons for past or future services or goods. S. 825.101(8), F.S.
26
S. 825.103(1)(c), F.S.
27
This type of exploitation only applies to the following types of accounts: personal accounts; joint accounts created with the intent that
only the elderly person or disabled adult enjoys all rights, interests, and claims to monies deposited into such account; or convenience
accounts created in accordance with s. 655.80, F.S. S. 825.103(d)(1.– 3.), F.S.
28
S. 825.103(1)(d), F.S.
29
S. 825.103(1)(e), F.S.
30
S. 825.103(1)(f), F.S.
31
Black’s Law Dictionary 540 (6th ed. 1995).
32
S. 741.30(1)(e), F.S.
33
S. 741.30(1)(d) and (e), F.S.
34
S. 741.30(4), F.S. STORAGE NAME: h0045c.JUA PAGE: 5
DATE: 1/30/2024
of domestic violence, it may grant a temporary injunction in an ex parte proceeding,
35
pending a full
hearing, and grant relief including:
Restraining the respondent from committing any acts of domestic violence;
Awarding to the petitioner the temporary exclusive use and possession of a shared residence or
excluding the respondent from the petitioner’s residence; and
Providing to the petitioner a temporary parenting plan,
36
including a timesharing schedule,
37
which may award the petitioner up to 100 percent of the timesharing.
38
A temporary injunction is effective only for up to 15 days, and a full hearing must be set for a date prior
to the injunction’s expiration.
39
Following a hearing, if the court determines that the petitioner is either a domestic violence victim or
has reasonable cause to believe he or she is in imminent danger of becoming a domestic violence
victim, it may issue a permanent domestic violence injunction.
40
In determining whether reasonable cause exists that the petitioner is in imminent danger exists, the
court must consider ten specific factors:
41
1. The history between the petitioner and the respondent, including threats, harassment, stalking,
and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals
closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or
children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons
such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or calling
law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
9. Whether the respondent has destroyed personal property, including, but not limited to,
telephones or other communications equipment, clothing, or other items belonging to the
petitioner.
10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to
have reasonable cause to believe that he or she is in imminent danger of becoming a victim of
domestic violence.
A court issuing a permanent domestic violence injunction may grant relief including:
Restraining the respondent from committing any acts of domestic violence;
Awarding to the petitioner the exclusive use and possession of a shared residence or excluding
the respondent from the petitioner’s residence;
Providing the petitioner with 100 percent of the timesharing in a parenting plan;
Establishing temporary support for a minor child or for the petitioner;
Ordering the respondent to participate in treatment, intervention or counseling services;
Referring a petitioner to a certified domestic violence center; and
Ordering relief it deems necessary to protect a domestic violence victim.
42
35
“Ex parte,” Latin for “from one party,” refers to motions for orders that can be granted without waiting for a response from the other
side. These are generally orders that are in place only until further hearings can be held. Legal Information Institute, Ex Parte,
https://www.law.cornell.edu/wex/ex_parte (last visited Jan. 22, 2024).
36
A “parenting plan” governs the relationship between parents relating to decisions that must be made regarding the m inor child and
must contain a timesharing schedule for the parents and child. S. 61.046(14), F.S.
37
“Timesharing schedule” means a timetable that must be included in a parenting plan that specifies the time, including overnights and
holidays, which a minor child will spend with each parent. S. 61.046(23), F.S.
38
S. 741.30(5)(a), F.S.
39
S. 741.30(5)(a), F.S.
40
Id.
41
S. 741.30(6)(b), F.S.
42
S. 741.30(6)(a), F.S. STORAGE NAME: h0045c.JUA PAGE: 6
DATE: 1/30/2024
The terms of a permanent domestic violence injunction remain in effect until modified or dissolved, and
either party may move at any time for modification or dissolution.
43
Injunction for Protection Against Exploitation of a Vulnerable Adult
Under s. 825.1035, F.S., a vulnerable adult
44
in imminent danger of being exploited may file a petition
45
for an injunction for protection against exploitation. There is no requirement for any exploitation to have
already occurred before the vulnerable adult may petition for an injunction.
46
A court may grant a
temporary injunction ex parte, pending a full hearing on the petition,
47
upon making specified findings
including that an immediate and present danger of exploitation of the vulnerable adult exists.
48
A
temporary injunction may:
Prohibit the respondent from having any direct or indirect contact with the vulnerable adult;
Restrain the respondent from committing any acts of exploitation against the vulnerable adult;
49
Freeze the assets or credit lines of the vulnerable adult;
Award the temporary exclusive use and possession of the dwelling that the vulnerable adult and
the respondent share to the vulnerable adult, or bar the respondent from the vulnerable adult’s
residence; or
Include any other terms the court deems necessary to protect the vulnerable adult or his or her
assets, including any injunctions or directives to law enforcement agencies.
50
In determining whether reasonable cause exists to believe that the vulnerable adult is, or is in imminent
danger of becoming, a victim of exploitation, the court must consider the following factors:
The existence of a verifiable order of protection issued previously or from another jurisdiction.
Any history of exploitation by the respondent upon the vulnerable adult in the petition or any
other vulnerable adult.
Any history of the vulnerable adult being previously exploited or unduly influenced.
The capacity of the vulnerable adult to make decisions related to his or her finances and
property.
Susceptibility of the vulnerable adult to undue influence.
Any criminal history of the respondent or previous probable cause findings by the adult
protective services program, if known.
51
A court may grant a temporary ex parte injunction if it finds any of the following:
52
An immediate and present danger of exploitation of the vulnerable adult exists.
There is a likelihood of irreparable harm and non-availability of an adequate remedy at law.
There is a substantial likelihood of success on the merits.
The threatened injury to the vulnerable adult outweighs possible harm to the respondent.
Granting the injunction will not disserve the public interest.
Such injunction provides for the vulnerable adult’s physical or financial safety.
53
43
S. 741.30(6)(c), F.S.
44
“Vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide
for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or
dysfunction, or brain damage, or the infirmities of aging. S. 415.102(28), F.S.
45
Additionally, the guardian of a vulnerable adult, a person or organization acting on behalf of and with the consent of the vulnerable
adult or his or her guardian, an agent acting under power of attorney, or a person simultaneously filing a petition for determination of
incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult may file a petition for injunction
for protection from exploitation. S. 825.1035(2)(a)2.-5., F.S.
46
S. 825.1035(2)(e), F.S.
47
An ex parte temporary injunction may be effective for up to 15 days, unless good cause is shown to extend the injunction, in which
case, the temporary injunction may be extended one time for up to an additional 30 days. S. 825.1035(5)(d), F.S.
48
S. 825.1035(5)(a)1., F.S.
49
The terms of an injunction restraining the respondent remain in effect until the injunction is modified or dissolved. S. 825.1035(8)(c),
F.S.
50
Ss. 825.1035(3)(a)22., (5)(a)2., and (8)(a)2., F.S.
51
S. 825.1035(6), F.S.
52
The findings required for a temporary injunction and continuing an injunction after a full hearing on the petition are the same with the
exception of probable cause findings that exploitation occurred if the temporary injunction froze the vulnerable adult’s assets. Ss.
825.1035(5)(a)1. and (8)(a)1., F.S. STORAGE NAME: h0045c.JUA PAGE: 7
DATE: 1/30/2024
After a final hearing, a court may grant any additional relief the court deems appropriate, including:
Ordering the respondent to participate in treatment, intervention, or counseling services to be
paid for by the respondent;
Directing the vulnerable adult’s frozen assets or credit lines to be returned to the vulnerable
adult; or
Entering a final cost judgment against the respondent and in favor of the petitioner for all taxable
costs and entering a final cost judgment against the respondent and in favor of the clerk of the
court for all the clerk’s filing fees and service charges that were waived.
A court may enforce a violation of an injunction for protection through a civil or criminal contempt
proceeding. A state attorney may also prosecute the violation under s. 825.1036, F.S.
54
A person who
willfully violates an injunction for protection against exploitation of a vulnerable adult commits a first-
degree misdemeanor.
55
A vulnerable adult who suffers an injury or loss as a result of a violation of an
injunction for protection may be awarded economic damages and attorney fees and costs for
enforcement of such injunction.
56
Alternatively, actual damages may be assessed against the petitioner
if the court finds that the petition lacks substantial fact or legal support.
57
Injunction for Protection from Sexual Repeat Violence, Sexual Violence, or Dating Violence
Pursuant to s. 784.046(2), F.S., there is a separate cause of action for an injunction for protection in
cases of repeat violence,
58
sexual violence, and dating violence. Under s. 784.046, F.S., any person
who is the victim of repeat violence, sexual violence, or dating violence, as well as the parent or
guardian of a minor who is living at home and is the victim of such violence, may file a sworn petition
for an injunction for protection with the circuit court.
59
Once a petition has been filed, the court must set a hearing to be held as soon as possible.
60
If, after
reviewing the petition, the court believes that an immediate and present danger of violence exists, the
court may grant a temporary ex parte injunction. The temporary injunction is only valid for 15 days
unless it is continued by the court.
Upon proper notice and a full hearing, the court may grant such relief as it deems appropriate, including
the issuance of an injunction.
61
Effect of Proposed Changes
CS/CS/HB 45 creates the Hope Card program throughout the state of Florida. The bill directs the clerks
of the court to develop and implement the program in consultation with the Office of the Attorney
General.
Under the bill, a person who has received a final judgment for injunction for protection against domestic
violence, stalking, repeat violence, sexual violence, dating violence, or exploitation of a vulnerable adult
may apply for a Hope Card. The application for a Hope Card must be submitted to the clerk of the court
in the circuit where the order for an injunction for protection was originally filed.
53
S. 825.1035(5)(a)1., F.S.
54
S. 825.1035(11)(a), F.S.
55
825.1036(4)(a), F.S. A first-degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 and 775.083,
F.S.
56
S. 825.1036(5), F.S.
57
S. 825.1035(12), F.S.
58
“Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6
months of the filing of the petition, which are directed at the petitioner, or the petitioner’s immediate family member. S. 784.046(1)(b),
F.S.
59
S. 784.064(2),F.S.
60
S. 784.064(5),F.S.
61
Id. STORAGE NAME: h0045c.JUA PAGE: 8
DATE: 1/30/2024
A person may apply for a Hope Card at any time after the final judgment for injunction is issued and at
any time prior to the expiration of the underlying injunction. Pursuant to the bill, no fee for the
application or the receipt of the card may be assessed.
The bill provides that a Hope Card be valid for two years from the date of issuance or until the
expiration of the underlying injunction, whichever is earlier. A Hope Card may be renewed after the two
year period if the underlying injunction remains in effect.
The bill provides that each Hope Card issued must be a durable, wallet-sized card and must include all
of the following information:
The respondent’s name and date of birth;
The name and date of birth of the petitioner or protected person;
Information regarding:
The issuing court;
Case number;
Date the order of protection was issued; and
Expiration date, if any, of the order of protection.
The date of issuance and expiration date of the Hope Card.
The bill provides that intentional misuse of a Hope Card or a document purporting to be Hope Card is a
second-degree misdemeanor. As such, a person who has actual knowledge that he or she is not
protected by a valid injunction and presents the Hope Card or a document purporting to be a Hope
Card for the purpose of proving the existence of an injunction, commits a second-degree misdemeanor.
A second-degree misdemeanor is punishable by imprisonment for up to 60 days and a $500 fine.
The bill provides an effective date of October 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creates s. 741.311, relating to Hope Card Program for persons issued orders of protection.
Section 2: Amends s. 741.30, relating to domestic violence; injunction; powers and duties of court and
clerk; petition; notice and hearing; temporary injunction; statewide verification system;
enforcement; public records exemption.
Section 3: Amends s. 784.046, relating to action by victim of repeat violence, sexual violence, or dating
violence for protective injunction; dating violence investigations, notice to victims, and
reporting; pretrial release violations; public records exemption.
Section 4: Amends s. 784.0485, relating to stalking; injunction; powers and duties of court and clerk;
petition; notice and hearing; temporary injunction; issuance of injunction; statewide
verification system; enforcement.
Section 5: Amends s. 825.1035, relating to injunction for protection against exploitation of a vulnerable
adult.
Section 6: Provides an effective date of October 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues: STORAGE NAME: h0045c.JUA PAGE: 9
DATE: 1/30/2024
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
CS/CS/HB 45 has an indeterminate negative fiscal impact to the clerks of court due to increased
workload and costs associated with program implementation. Projections from the Florida Court Clerks
and Comptrollers indicate the cost to produce the Hope Cards to be approximately $10 per card. Based
on county fiscal year 2021-22 data, there were approximately 17,761 filed injunctions resulting in final
orders of protection, representing an approximate cost of $176,710.
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This indicates an average impact
per county of approximately $2,637, if averaged across Florida’s 67 counties.
Resources provided to the clerks of court in Fiscal Year 2023-24 include the redistribution of
approximately $25.6 million from the General Revenue Fund to the clerks Fine and Forfeiture fund.
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It
is anticipated that any impact on the clerks of court for development and implementation of the Hope
Card program an be absorbed within existing resources.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 11, 2024, the Civil Justice Subcommittee adopted one amendment and reported the bill
favorably as a committee substitute. The amendment removed an erroneous reference to the district courts
of appeal and clarified that the program must be developed by OSCA in consultation with the Attorney
General and the clerks of court, through their association. Once developed, the clerks must implement the
Hope Card Program. The amendment specified that each Hope Card is valid for a maximum of two years
with the ability to be renewed if the underlying injunction remains in effect. The amendment provided that
misuse of a Hope Card or a document purporting to be a Hope Card is a second-degree misdemeanor.
On January 29, 2024, the Justice Appropriations Subcommittee adopted one amendment and reported the
bill favorably as a committee substitute. The amendment requires the clerks of the court, in consultation
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Information from Sara Sanders Bremer, Director of Government Relations, Florida Court Clerks and Comptrollers, RE:
Hope Cards for Persons Issued Orders of Protection (Jan. 25, 2024)
63
Ch. 23-284, Laws of Fla. STORAGE NAME: h0045c.JUA PAGE: 10
DATE: 1/30/2024
with the Office of the Attorney General, to develop and implement the Hope Card Program. The
amendment also removed a provision allowing for Hope Cards to be provided to those with orders of
protection foreign to the state of Florida, and removed the certified mail delivery requirement for Hope
Cards.
This analysis is drafted to the committee substitute as amended by the Justice Appropriations
Subcommittee.