FL
Florida House Bill H0045

Florida 2024 Regular Session

Florida House Bill H0045 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to Hope Cards for persons issued 2
1616 orders of protection; creating s. 741.311, F.S.; 3
17-requiring the clerks of the circuit court, in 4
18-consultation with the Office of the Attorney General, 5
19-to develop and implement the Hope Card Program; 6
20-authorizing certain persons to request a Hope Card 7
21-after a specified date; specifying when and how a 8
22-person may request a Hope Card; requiring clerks' 9
23-offices to create a Hope Card and provide such card to 10
24-petitioners within a specified time frame; prohibiting 11
25-the assessment of a fee; providing requirements for 12
26-the Hope Card; providing criminal penalties for the 13
27-fraudulent use of a Hope Card; amending ss. 7 41.30, 14
28-784.046, 784.0485, and 825.1035, F.S.; conforming 15
29-provisions to changes made by the act; providing an 16
30-effective date. 17
31- 18
32-Be It Enacted by the Legislature of the State of Florida: 19
33- 20
34- Section 1. Section 741.311, Florida Statutes, is created 21
35-to read: 22
36- 741.311 Hope Card Program for persons issued orders of 23
37-protection.— 24
38- (1) The clerks of the circuit court, in consultation with 25
17+requiring the Office of the State Courts 4
18+Administrator, in consultation with others, to develop 5
19+the Hope Card Program; requiring the clerks of the 6
20+circuit courts to implement the program; authorizing 7
21+certain persons to apply for a Hope Card after a 8
22+specified date; requiring applications for a Hope Card 9
23+to be available online and in the clerks' offices; 10
24+requiring clerks' offices to mail, by certified mail, 11
25+a Hope Card to petitioners within a specified time 12
26+frame; prohibiting the assessment of a fee; providing 13
27+requirements for the Hope Card; providing criminal 14
28+penalties for the fraudulent use of a Hope Card; 15
29+amending s. 741.315, F.S.; authorizing a person 16
30+protected by an injunction for protection issued by a 17
31+court of a foreign state to apply for and receive a 18
32+Hope Card even if the person does not register the 19
33+order for protection in this state; amending ss. 20
34+741.30, 784.046, 784.0485, and 825.1035, F.S.; 21
35+conforming provisions to changes made by the act; 22
36+providing an effective date. 23
37+ 24
38+Be It Enacted by the Legislature of the State of Florida: 25
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4747 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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51-the Office of the Attorney General, shall develop and implement 26
52-the Hope Card Program, which provides for the issuance of a Hope 27
53-Card to any person who has been issued an order of protection by 28
54-a county or circuit court in this state. 29
55- (2) Beginning October 1, 2024, a person who has been 30
56-issued a final judgment on injunction for protection under s. 31
57-741.30, s. 784.046, s. 784. 0485, or s. 825.1035 may request a 32
58-Hope Card from the clerk of the court of the circuit in which 33
59-the order for an injunction for protection was entered. A person 34
60-may request a Hope Card at the time the final judgment on 35
61-injunction for protection is issued or at any other time before 36
62-the expiration of the order for protection. 37
63- (3) After the court has issued a final judgment on 38
64-injunction for protection and within 3 business days after 39
65-receipt of a request for a Hope Card, the clerk of the court 40
66-shall create the Hope Card and provide it to the petitioner. 41
67- (4) The clerk of the court may not assess a fee for the 42
68-issuance of a Hope Card. 43
69- (5) A Hope Card is valid for 2 years after the date of 44
70-issuance of the final order or the expiration date of the 45
71-injunction, whichever is earlier. A Hope Card may be renewed 46
72-after the 2-year period if the injunction is still in effect. 47
73- (6) A Hope Card issued under the program must be a 48
74-durable, wallet-sized card containing all of the following 49
75-information: 50
51+ 26
52+ Section 1. Section 74 1.311, Florida Statutes, is created 27
53+to read: 28
54+ 741.311 Hope Card Program for persons issued orders of 29
55+protection.— 30
56+ (1) The Office of the State Courts Administrator, in 31
57+consultation with the Office of the Attorney General and the 32
58+clerks of the circuit cou rts through their association, shall 33
59+develop the Hope Card Program, which provides for the issuance 34
60+of a Hope Card to any person who has been issued an order of 35
61+protection by a county or circuit court in this state, or by a 36
62+court of a foreign state pursuan t to s. 741.315. The clerks of 37
63+the circuit courts shall implement the Hope Card Program. 38
64+ (2) Beginning July 1, 2024, a person who has been issued a 39
65+final judgment on injunction for protection under s. 741.30, s. 40
66+784.046, s. 784.0485, or s. 825.1035 may a pply for a Hope Card 41
67+with the clerk of the court of the circuit where the petition 42
68+for an injunction for protection was initially filed. A person 43
69+protected by a foreign protection order under s. 741.315 may 44
70+submit an application for a Hope Card to any cler k of court in 45
71+the state. A person may apply for a Hope Card at the time the 46
72+final judgment on injunction for protection is issued or at any 47
73+other time before the expiration of the order of protection. 48
74+ (3) Hope Card applications must be available on the 49
75+website of each clerk of the court and paper applications must 50
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8484 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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88- (a) The respondent's name and date of birth. 51
89- (b) The name and date of birth of the petitioner or 52
90-protected person. 53
91- (c) Information regarding the issuing court; the case 54
92-number; the date the order of protection was issued; and the 55
93-expiration date, if any, of the orde r of protection. 56
94- (d) The date of issuance and the expiration date of the 57
95-Hope Card. 58
96- (7) A person who, having actual knowledge that he or she 59
97-is not protected by an injunction that is currently in force and 60
98-effect, knowingly and willfully presents to another person a 61
99-Hope Card or other document purporting to be a Hope Card for the 62
100-purpose of evidencing the existence of an injunction, commits a 63
101-misdemeanor of the second degree, punishable as provided in s. 64
102-775.082 or s. 775.083. 65
103- Section 2. Paragraph (d) is added to subsection (8) of 66
104-section 741.30, Florida Statutes, to read: 67
105- 741.30 Domestic violence; injunction; powers and duties of 68
106-court and clerk; petition; notice and hearing; temporary 69
107-injunction; issuance of injunction; statewide verification 70
108-system; enforcement; public records exemption. — 71
109- (8) 72
110- (d) The petitioner may request a Hope Card under s. 73
111-741.311 after the court has issued a final order of protection. 74
112- Section 3. Paragraph (d) is added to s ubsection (8) of 75
88+also be available at the clerk's office. After the court has 51
89+issued an injunction for protection and within 24 hours after 52
90+receipt of an application, the clerk of the court shall mail the 53
91+Hope Card to the petitioner by certified mail. 54
92+ (4) The clerk of the court may not assess a fee for the 55
93+issuance of a Hope Card. 56
94+ (5) A Hope Card is valid for 2 years after the date of 57
95+issuance or the expiration date of the injunction for 58
96+protection, whichever is earlier. A Hope Card may be renewed 59
97+after the 2-year period if the injunction for protection is 60
98+still in effect. 61
99+ (6) A Hope Card issued under the program must be a 62
100+durable, laminated, wallet -sized card containing all of the 63
101+following information: 64
102+ (a) The respondent's name, date of birth, height, weight, 65
103+sex, race, eye color, hair color, and any other distinguishing 66
104+features or characteristics of the respondent. 67
105+ (b) The petitioner's name and date of birth and the names 68
106+and dates of birth of any min or children protected under the 69
107+order. 70
108+ (c) The name and date of birth, if applicable, of any 71
109+other person or animal protected under the order. 72
110+ (d) Pertinent information about the order of protection, 73
111+including, but not limited to, the issuing court; th e case 74
112+number; the date the order of protection was issued; the 75
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121121 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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125-section 784.046, Florida Statutes, to read: 76
126- 784.046 Action by victim of repeat violence, sexual 77
127-violence, or dating violence for protective injunction; dating 78
128-violence investigations, notice to victims, and reporting; 79
129-pretrial release violations; public records exemption. — 80
130- (8) 81
131- (d) The petitioner may request a Hope Card under s. 82
132-741.311 after the court has issued a final order of protection. 83
133- Section 4. Paragraph (c) is added to subsection (8) of 84
134-section 784.0485, Florida Statutes, t o read: 85
135- 784.0485 Stalking; injunction; powers and duties of court 86
136-and clerk; petition; notice and hearing; temporary injunction; 87
137-issuance of injunction; statewide verification system; 88
138-enforcement.— 89
139- (8) 90
140- (c) The petitioner may request a Hope Card under s. 91
141-741.311 after the court has issued a final order of protection. 92
142- Section 5. Paragraph (c) is added to subsection (10) of 93
143-section 825.1035, Florida Statutes, to read: 94
144- 825.1035 Injunction for protection against exploitation of 95
145-a vulnerable adult.— 96
146- (10) TRANSMITTAL TO SHERIFF; SERVICE ; HOPE CARD.— 97
147- (c) The petitioner may request a Hope Card under s. 98
148-741.311 after the court has issued a final order of protection. 99
149- Section 6. This act shall take effect October 1, 2024. 100
125+expiration date, if any, of the order of protection; the 76
126+locations from which the respondent is restrained; and any other 77
127+relevant details of the order. 78
128+ (e) A statement providing that the Hope Card is valid for 79
129+2 years after the date of issuance or until the expiration date 80
130+of the injunction for protection, whichever is earlier. 81
131+ (7) A person who, having actual knowledge that he or she 82
132+is not protected by an injunction that is currently in full 83
133+force and effect, knowingly and willfully presents to another 84
134+person a Hope Card or other document purporting to be a Hope 85
135+Card for the purpose of evidencing the existence of an 86
136+injunction for protection, commits a misdemeanor of the second 87
137+degree, punishable as provided in s. 775.082 or s. 775.083. 88
138+ Section 2. Paragraph (d) is added to subsection (8) of 89
139+section 741.30, Florida Statutes, to read: 90
140+ 741.30 Domestic violence; injunction; powers and duties of 91
141+court and clerk; petition; notice and hear ing; temporary 92
142+injunction; issuance of injunction; statewide verification 93
143+system; enforcement; public records exemption. — 94
144+ (8) 95
145+ (d) If the petitioner applies for a Hope Card under s. 96
146+741.311, after the court has issued a final order of protection, 97
147+the clerk of the court must mail the Hope Card to the petitioner 98
148+by certified mail within 24 hours after receipt of the 99
149+petitioner's application for the card. 100
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158+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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162+ Section 3. Subsections (4), (5), and (6) of section 101
163+741.315, Florida Statutes, are renumbered as sub sections (5), 102
164+(6), and (7), respectively, and a new subsection (4) is added to 103
165+that section, to read: 104
166+ 741.315 Recognition of foreign protection orders. — 105
167+ (4) A person protected by an injunction for protection 106
168+issued by a court of a foreign state may app ly for a Hope Card 107
169+under s. 741.311, as if the order of protection was issued by a 108
170+Florida court. Failure to register a foreign order does not 109
171+preclude a protected person from applying and receiving a Hope 110
172+Card. 111
173+ Section 4. Paragraph (d) is added to sub section (8) of 112
174+section 784.046, Florida Statutes, to read: 113
175+ 784.046 Action by victim of repeat violence, sexual 114
176+violence, or dating violence for protective injunction; dating 115
177+violence investigations, notice to victims, and reporting; 116
178+pretrial release viol ations; public records exemption. — 117
179+ (8) 118
180+ (d) If the petitioner applies for a Hope Card under s. 119
181+741.311, after the court has issued a final order of protection, 120
182+the clerk of the court must mail the Hope Card to the petitioner 121
183+by certified mail within 24 h ours after receipt of the 122
184+petitioner's application for the card. 123
185+ Section 5. Paragraph (c) is added to subsection (8) of 124
186+section 784.0485, Florida Statutes, to read: 125
187+
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195+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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199+ 784.0485 Stalking; injunction; powers and duties of court 126
200+and clerk; petition; notice and hearing; temporary injunction; 127
201+issuance of injunction; statewide verification system; 128
202+enforcement.— 129
203+ (8) 130
204+ (c) If the petitioner applies for a Hope Card under s. 131
205+741.311, after the court has issued a final order of protection, 132
206+the clerk of the court m ust mail the Hope Card to the petitioner 133
207+by certified mail within 24 hours after receipt of the 134
208+petitioner's application for the card. 135
209+ Section 6. Paragraph (c) is added to subsection (10) of 136
210+section 825.1035, Florida Statutes, to read: 137
211+ 825.1035 Injunction for protection against exploitation of 138
212+a vulnerable adult.— 139
213+ (10) TRANSMITTAL TO SHERIFF; SERVICE ; HOPE CARD.— 140
214+ (c) If the petitioner applies for a Hope Card under s. 141
215+741.311, after the court has issued a final order of protection, 142
216+the clerk of the court must mail the Hope Card to the petitioner 143
217+by certified mail within 24 hours after receipt of the 144
218+petitioner's application for the card. 145
219+ Section 7. This act shall take effect July 1, 2024. 146