Florida 2025 2025 Regular Session

Florida House Bill H0019 Introduced / Bill

Filed 12/06/2024

                       
 
HB 19   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to victims of domestic violence and 2 
dating violence; creating s. 741.317, F.S.; providing 3 
a short title; creating the Helping Abuse Victims 4 
Escape Now Act Coordinating Council within the 5 
Department of Law Enforcement; requiring the 6 
department to provide certain services; providing 7 
definitions; specifying the composition of the 8 
coordinating council; providing requirements for 9 
member appointments, election of a chair, and 10 
meetings; requiring member appointments to be 11 
completed and the first me eting of the coordinating 12 
council to be held by a date certain; specifying 13 
duties of the coordinating council; requiring the 14 
coordinating council to submit certain reports to 15 
specified entities and persons, the Governor, and the 16 
Legislature by a specified date; providing for funding 17 
of the coordinating council; specifying that the act 18 
supersedes certain local regulations; providing for 19 
expiration of the coordinating council; amending s. 20 
741.402, F.S.; defining the term "dating violence"; 21 
amending s. 741.403, F.S.; providing that victims of 22 
dating violence and domestic violence may apply to 23 
participate in the Attorney General's address 24 
confidentiality program; amending ss. 741.465, 25     
 
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741.4651, and 960.001, F.S.; conforming provisions to 26 
changes made by the act; providing an effective date. 27 
 28 
Be It Enacted by the Legislature of the State of Florida: 29 
 30 
 Section 1.  Section 741.317, Florida Statutes, is created 31 
to read: 32 
 741.317  Helping Abuse Victims Escape Now Act; coordinating 33 
council; membership; duties; re ports; funding; preemption. — 34 
 (1)  SHORT TITLE.—This section may be cited as the "Helping 35 
Abuse Victims Escape Now (HAVEN) Act." 36 
 (2)  CREATION.—The HAVEN Coordinating Council, a 37 
coordinating council as defined in s. 20.03, is created within 38 
the Department of Law Enforcement. The Department of Law 39 
Enforcement shall provide administrative and staff support 40 
services relating to the functions of the coordinating council. 41 
 (3)  DEFINITIONS.—As used in this section, the term: 42 
 (a)  "Dating violence" has the same meaning as in s. 43 
784.046(1)(d). 44 
 (b)  "Domestic violence" has the same meaning as in s. 45 
741.28. 46 
 (c)  "Dynamic website" means a website that generates 47 
webpages in real-time and which can change its content and 48 
layout depending on various parameters such a s user preferences, 49 
time of day, and location. 50     
 
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 (4)  MEMBERSHIP; MEETINGS. — 51 
 (a)  The HAVEN Coordinating Council is composed of the 52 
following members: 53 
 1.  A representative from the Department of Law 54 
Enforcement, appointed by the executive director of the 55 
Department of Law Enforcement. 56 
 2.  A representative from a local law enforcement agency, 57 
appointed by the sheriff of the county in which the law 58 
enforcement agency is located. 59 
 3.  A representative from a victim services program, 60 
appointed by the secretar y of the Department of Children and 61 
Families. 62 
 4.  A representative from a domestic violence advocacy 63 
group, appointed by the secretary of the Department of Children 64 
and Families. 65 
 5.  An expert in technology matters, appointed jointly by 66 
the President of the Senate and the Speaker of the House of 67 
Representatives. 68 
 6.  An attorney in good standing with The Florida Bar and 69 
who is a member of the Family Law Section of The Florida Bar, 70 
appointed by the president of The Florida Bar. 71 
 7.  Any other representativ e as determined by the HAVEN 72 
Coordinating Council, appointed by the chair of the council. 73 
 (b)  Appointments to the HAVEN Coordinating Council must be 74 
made by September 1, 2025. Each member serves at the pleasure of 75     
 
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the official who appointed the member. A vacancy on the 76 
coordinating council must be filled in the same manner as the 77 
original appointment. 78 
 (c)  The coordinating council shall elect a chair from 79 
among its members. 80 
 (d)  The first meeting of the coordinating council must be 81 
held no later than Oc tober 1, 2025. The coordinating council may 82 
hold its meetings through teleconference or other electronic 83 
means. 84 
 (5)  DUTIES.—The HAVEN Coordinating Council shall: 85 
 (a)  Develop a dynamic website with all of the following 86 
functions: 87 
 1.  The ability to syn chronize with law enforcement 88 
databases to ensure real -time data sharing and updates. 89 
 2.  The ability to allow a person using the dynamic website 90 
to generate a unique phone number from which the user can use to 91 
call a 911 emergency telephone number when h e or she is in need 92 
of assistance from law enforcement. 93 
 3.  The ability for a user to choose a personalized 94 
numerical code or phrase that discreetly alerts a law 95 
enforcement agency or sheriff's office when the user calls his 96 
or her uniquely generated phon e number. 97 
 4.  The ability to automatically transmit specified data to 98 
a law enforcement agency or sheriff's office when a user calls 99 
his or her generated phone number and uses his or her 100     
 
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personalized numerical code or phrase, which then triggers the 101 
immediate dispatch of a law enforcement officer or sheriff to 102 
the user's location. 103 
 (b)  Establish a public awareness campaign to inform the 104 
public about the dynamic website and its features. 105 
 (c)  Coordinate with local law enforcement agencies and 106 
sheriffs to develop and implement a training program to ensure 107 
law enforcement officers are equipped to respond swiftly and 108 
effectively to alerts that are generated through the dynamic 109 
website. 110 
 (d)  Meet at least quarterly to review relevant data, 111 
identify trends, and determine alternative or additional avenues 112 
of support for victims of domestic violence or dating violence. 113 
 (6)  REPORTS.—The HAVEN Coordinating Council shall: 114 
 (a)  Provide quarterly reports to local law enforcement 115 
agencies and sheriff's offices. 116 
 (b) By November 1 of each year, beginning in 2026, submit 117 
to the Governor, the Attorney General, the commissioner of the 118 
Department of Law Enforcement, the President of the Senate, and 119 
the Speaker of the House of Representatives a report that 120 
compiles the progress and cost breakdowns relating to the 121 
establishment of the dynamic website and, once the dynamic 122 
website is functioning, statistics relating to the usage and 123 
effectiveness of the website and the effectiveness of the 124 
coordinating council. 125     
 
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 (7)  FUNDING.— 126 
 (a)  The Legislature may appropriate funds annually to the 127 
Department of Law Enforcement to be used to implement this act. 128 
 (b)  The HAVEN Coordinating Council may apply for and 129 
receive grants and accept donations to support the development 130 
and maintenance of the dynamic website. 131 
 (8)  PREEMPTION.—This section supersedes any local 132 
government regulations on matters covered under this section. A 133 
local government or political subdivision may not administer, 134 
implement, or enforce any law, rule, regulation, standard, or 135 
provision that conflicts with this section. 136 
 (9)  REPEAL.—In accordance with s. 20.052(8), this section 137 
is repealed October 2, 2028, unless reviewed and saved from 138 
repeal through reenactment by the Legislature. 139 
 Section 2.  Section 741.402, Florida Statutes, is amended 140 
to read: 141 
 741.402  Definitions; ss. 741.401 -741.409.—Unless the 142 
context clearly requires otherwise, as used in ss. 741.401 -143 
741.409, the term: 144 
 (1)  "Address" means a residential street address, school 145 
address, or work address o f an individual, as specified on the 146 
individual's application to be a program participant under ss. 147 
741.401-741.409. 148 
 (2)  "Dating violence" means an act as defined in s. 149 
784.046(1)(a) and includes a threat of such acts committed 150     
 
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against an individual in a continuing and significant 151 
relationship as determined by the factors listed in s. 152 
784.046(1)(d), regardless of whether these acts or threats have 153 
been reported to law enforcement officers. 154 
 (3)  "Domestic violence" means an act as defined in s. 155 
741.28 and includes a threat of such acts committed against an 156 
individual in a domestic situation, regardless of whether these 157 
acts or threats have been reported to law enforcement officers. 158 
 (4)(2) "Program participant" means a person certified as a 159 
program participant under s. 741.403. 160 
 Section 3.  Paragraphs (a) and (d) of subsection (1) of 161 
section 741.403, Florida Statutes, are amended to read: 162 
 741.403  Address confidentiality program; application; 163 
certification.— 164 
 (1)  An adult person, a parent or guardian a cting on behalf 165 
of a minor, or a guardian acting on behalf of a person 166 
adjudicated incapacitated under chapter 744 may apply to the 167 
Attorney General to have an address designated by the Attorney 168 
General serve as the person's address or the address of the 169 
minor or incapacitated person. To the extent possible within 170 
funds appropriated for this purpose, the Attorney General shall 171 
approve an application if it is filed in the manner and on the 172 
form prescribed by the Attorney General and if it contains all 173 
of the following: 174 
 (a)  A sworn statement by the applicant that the applicant 175     
 
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has good reason to believe that the applicant, or the minor or 176 
incapacitated person on whose behalf the application is made, is 177 
a victim of domestic violence or dating violence, and that the 178 
applicant fears for his or her safety or his or her children's 179 
safety or the safety of the minor or incapacitated person on 180 
whose behalf the application is made. 181 
 (d)  A statement that the new address or addresses that the 182 
applicant requests must no t be disclosed for the reason that 183 
disclosure will increase the risk of domestic violence or dating 184 
violence. 185 
 Section 4.  Section 741.465, Florida Statutes, is amended 186 
to read: 187 
 741.465  Public records exemption for the Address 188 
Confidentiality Program f or Victims of Domestic Violence.— 189 
 (1)  For purposes of this section, the term "address" means 190 
a residential street address, school address, or work address, 191 
as specified on the individual's application to be a program 192 
participant in the Address Confidenti ality Program for Victims 193 
of Violence. 194 
 (2)(1) The addresses, corresponding telephone numbers, and 195 
social security numbers of program participants in the Address 196 
Confidentiality Program for Victims of Domestic Violence held by 197 
the Office of the Attorney G eneral are exempt from s. 119.07(1) 198 
and s. 24(a), Art. I of the State Constitution, except the 199 
information may be disclosed under the following circumstances: 200     
 
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to a law enforcement agency for purposes of assisting in the 201 
execution of a valid arrest warrant; if directed by a court 202 
order, to a person identified in the order; or if the 203 
certification has been canceled. For purposes of this section, 204 
the term "address" means a residential street address, school 205 
address, or work address, as specified on the individ ual's 206 
application to be a program participant in the Address 207 
Confidentiality Program for Victims of Domestic Violence. 208 
 (3)(2) The names, addresses, and telephone numbers of 209 
participants in the Address Confidentiality Program for Victims 210 
of Domestic Violence contained in voter registration and voting 211 
records held by the supervisor of elections and the Department 212 
of State are exempt from s. 119.07(1) and s. 24(a), Art. I of 213 
the State Constitution, except the information may be disclosed 214 
under the following circumstances: to a law enforcement agency 215 
for purposes of assisting in the execution of an arrest warrant 216 
or, if directed by a court order, to a person identified in the 217 
order. This exemption applies to information made exempt by this 218 
subsection before, o n, or after the effective date of the 219 
exemption. 220 
 Section 5.  Section 741.4651, Florida Statutes, is amended 221 
to read: 222 
 741.4651  Public records exemption; victims of stalking or 223 
aggravated stalking. —The names, addresses, and telephone numbers 224 
of persons who are victims of stalking or aggravated stalking 225     
 
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are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 226 
Constitution in the same manner that the names, addresses, and 227 
telephone numbers of participants in the Address Confidentiality 228 
Program for Victims of Domestic Violence which are held by the 229 
Attorney General under s. 741.465 are exempt from disclosure, 230 
provided that the victim files a sworn statement of stalking 231 
with the Office of the Attorney General and otherwise complies 232 
with the procedures i n ss. 741.401-741.409. 233 
 Section 6.  Paragraph (c) of subsection (1) of section 234 
960.001, Florida Statutes, is amended to read: 235 
 960.001  Guidelines for fair treatment of victims and 236 
witnesses in the criminal justice and juvenile justice systems. — 237 
 (1)  The Department of Legal Affairs, the state attorneys, 238 
the Department of Corrections, the Department of Juvenile 239 
Justice, the Florida Commission on Offender Review, the State 240 
Courts Administrator and circuit court administrators, the 241 
Department of Law Enforce ment, and every sheriff's department, 242 
police department, or other law enforcement agency as defined in 243 
s. 943.10(4) shall develop and implement guidelines for the use 244 
of their respective agencies, which guidelines are consistent 245 
with the purposes of this a ct and s. 16(b), Art. I of the State 246 
Constitution and are designed to implement s. 16(b), Art. I of 247 
the State Constitution and to achieve the following objectives: 248 
 (c)  Information concerning protection available to victim 249 
or witness.—A victim or witness shall be furnished, as a matter 250     
 
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of course, with information on steps that are available to law 251 
enforcement officers and state attorneys to protect victims and 252 
witnesses from intimidation. Victims of domestic violence and 253 
dating violence shall also be given information about the 254 
address confidentiality program provided under s. 741.403. 255 
 Section 7. This act shall take effect July 1, 2025. 256