STORAGE NAME: h0019.CRM
DATE: 3/7/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 19
TITLE: Victims of Domestic Violence and Dating Violence
SPONSOR(S): Hinson, Barnaby
COMPANION BILL: SB 240 (Berman, Rodriguez)
LINKED BILLS: CS/HB 41 (Hinson)
RELATED BILLS: None
Committee References
Criminal Justice
18 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
CS/HB 19 requires the Division of Telecommunications (Division) within the Department of Management Services
to consult with specified entities to conduct a feasibility study regarding a web-based 911 alert system for use by
victims of domestic violence and dating violence that would allow such victims to use both a nondescript telephone
number to contact 911 and a user-generated code or phrase once connected with a 911-operator that would
indicate the victim’s need for immediate law enforcement assistance and allow for the transfer of specified data to
law enforcement. The bill requires the Division to submit the results of the study to the President of the Senate and
the Speaker of the House of Representatives by January 31, 2026.
The bill also expands program participant eligibility in the Attorney General’s Address Confidentiality Program for
Victims of Domestic Violence by authorizing victims of dating violence to apply to the program. Participation in this
program will allow a victim of dating violence to obtain and utilize a substitute address in lieu of his or her actual
address with state and local agencies and will prohibit the supervisor of elections from including his or her
personal identifying information and location information on any publicly-accessible list of registered voters.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on state government due to any costs associated with
conducting the required feasibility study; reviewing and certifying additional applications to the Attorney General’s
Address Confidentiality Program; and forwarding an increased number of program participants’ mail.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
CS/HB 19 requires the Division of Telecommunications (Division) within the Department of Management Services
to consult with enhanced 911 and Next Generation 911 service providers; state, county, and municipal public
safety answering points (PSAPs); and state and local public safety agencies to conduct a feasibility study regarding
the creation of a web-based 911 alert system for use by victims of domestic violence and dating violence capable
of:
Ensuring real-time data-sharing between PSAPs and law enforcement agencies.
Creating a unique telephone number for each user which will connect the user to a PSAP.
Creating a user-generated numerical code or phrase that can be utilized by the user after contacting a PSAP
that will indicate the user’s need for immediate law enforcement assistance.
Transmitting specified data to law enforcement when a user calls from his or her unique phone number
and enters his or her numerical code or phrase. (Section 1).
The bill requires the Division to report the results of the feasibility study to the President of the Senate and the
Speaker of the House of Representatives by January 31, 2026. (Section 1). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill further expands program participant eligibility in the Attorney General’s Address Confidentiality Program
for Victims of Domestic Violence by authorizing victims of dating violence to apply to the program. Participation in
this program will allow a victim of dating violence to obtain and utilize a substitute address in lieu of his or her
actual address with state and local agencies and will prohibit the supervisor of elections from including his or her
personal identifying information and location information on any publicly-accessible list of registered voters.
(Sections 3 and 4).
The bill makes other conforming changes. (Sections 2, 5, 6, and 7).
The bill provides an effective date of July 1, 2025. (Section 8).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on the Department of Management Services due to any
costs associated with conducting the required feasibility study.
The bill may also have an insignificant negative fiscal impact on the Office of the Attorney General to the extent that
the expansion of the Address Confidentiality Program participant eligibility will result in an increase in
applications to participate in the program which will require more resources to review and certify such
applications and forward an increased number of program participants’ mail. However, these additional costs will
likely be absorbed within existing resources.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
E911 and Next Generation 911
Since 1974, Florida law has designated “911” as the statewide emergency telephone number to provide citizens
with rapid direct access to public safety agencies.
1, 2 In 1999, the concept of “Enhanced 911” or “E911” service was
established in Florida law to describe 911 service provided to wireless telephone users.
3 Today, under the
Emergency Communications Number E911 Act,
4 the term “E911,” as used in Florida law, refers more broadly to an
enhanced 911 system or service that provides any user of voice communications services
5 with 911 service. E911
service directs calls to appropriate public safety answering points (PSAPs) by selective routing based on the
geographical location from which a 911 call originated and provides for automatic number and location
identification.
6 PSAPs receiving incoming 911 requests for assistance dispatch appropriate public safety agencies
to respond to the requests in accordance with the statewide emergency communications plan.
7
1
Ch. 74-357, L.O.F.
2
“Public safety agency” means a functional division of a public agency which provides firefighting, law enforcement, medical,
or other emergency services. S. 365.172(3)(z), F.S.
3
Ch. 99-367, L.O.F.
4
Ch. 2007-78, L.O.F.
5
“Voice communications services” means two-way voice service, through the use of any technology, which actually provides
access to 911 services, and includes communications services, as defined in s. 202.11, F.S., which actually provide access to
911 services and which are required to be included in the provision of 911 services pursuant to orders and rules adopted by
the Federal Communications Commission. The term includes voice-over-Internet-protocol service. S. 365.172(3)(ee), F.S.
6
S. 365.172(3)(i), F.S.
7
S. 365.172(3)(aa), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The next progression in E911 systems is referred to as Next Generation 911 (NG911). NG911 is a digital, internet
protocol-based system that replaces the analog 911 infrastructure which, among other things, allows photo, video,
and text messages to be transmitted from citizens to PSAPs, in addition to standard voice calls.
8
Statewide Emergency Communications Plan
The Division of Telecommunications (Division) within the Department of Management Services (DMS) is
responsible for developing, maintaining, and implementing a statewide emergency communications plan. The plan
must include:
The public agency
9 emergency communications requirements for each entity of local government in the
state.
A system to meet specific local government requirements. Such system must include law enforcement,
firefighting, and emergency medical services and may include other emergency services such as poison
control, suicide prevention, and emergency management services.
Identification of the mutual aid agreements necessary to obtain an effective emergency communications
system.
A funding provision that identifies the cost necessary to implement the emergency communications
system.
10
The Division is responsible for the implementation and coordination of the plan and must adopt any necessary
rules and schedules related to public agencies for implementing and coordinating the plan.
11
The Secretary of DMS, or his or her designee, acts as the director of the statewide emergency communications
system and is authorized to coordinate the activities of the system with state, county, local, and private agencies.
The director must consult, cooperate, and coordinate with local law enforcement agencies.
12 No emergency
communications number E911 system can be established and no present system can be expanded without prior
approval of the Division.
13
Domestic Violence
Domestic violence is any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury
or death of one family or household member by another family or household member and includes a threat of such
acts against an individual in a domestic situation, regardless of whether these acts or threats have been reported to
law enforcement officers.
14
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons
who are presently residing 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.
15
Address Confidentiality Program for Victims of Domestic Violence
8
Next Generation 911, National Highway Traffic Safety Administration National 911 Program,
https://www.911.gov/issues/ng911/ (last visited Mar. 6, 2025).
9
“Public agency" means the state and any city, county, city and county, municipal corporation, chartered organization, public
district, or public authority located in whole or in part within this state which provides, or has authority to provide,
firefighting, law enforcement, ambulance, medical, or other emergency services. S. 365.171(3)(c), F.S.
10
S. 365.171(4), F.S.
11
Id.
12
S. 365.171(5), F.S.
13
S. 365.171(9), F.S.
14
S. 741.28(2), F.S. and S. 741.402(3), F.S.
15
S. 741.28(3), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The Address Confidentiality Program for Victims of Domestic Violence operated by the Office of the Attorney
General was designed to provide program participants with a substitute address
16 designated by the Attorney
General in order to protect such participants and prevent their assailants or probable assailants from locating
them. The program allows a participant to use his or her substitute address in lieu of his or her actual address with
state and local agencies, which subsequently allows such agencies to comply with public record requests without
jeopardizing the safety of program participants.
17
Application Process and Certification
A person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of a person adjudicated
incapacitated may apply to the Attorney General to participate in the Address Confidentiality Program and acquire
a substitute address. Funding permitting, the Attorney General shall approve an application if it is filed with the
Attorney General’s Office in the manner and on the form prescribed by the Attorney General
18 and contains all of
the following:
A sworn statement by the applicant that the applicant has good reason to believe that the applicant, or the
minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence,
and that the applicant fears for his or her safety or his or her children’s safety or the safety of the minor or
incapacitated person on whose behalf the application is made.
A designation that the Attorney General shall serve as the applicant’s agent for purposes of service of
process and for the purpose of receipt of mail.
The mailing address and phone number or numbers where the applicant can be contacted by the Attorney
General.
A statement that the substitute address or addresses that the applicant requests will not be disclosed.
The signature of the applicant and of any individual or representative of any office who assisted in the
preparation of the application,
19 and the date on which the applicant signed the application.
20
Upon receipt of a properly filed complete application, the Attorney General must certify the applicant as a program
participant. Applicants are certified for four years following the date of filing unless the certification is withdrawn
or invalidated before that date.
21 A program participant will have his or her certification withdrawn if he or she:
Obtains a name change; or
Applies to become a program participant using false information.
22
Additionally, a program participant may have his or her certification cancelled if:
He or she changes his or her residential address from the one listed on his or her program application,
unless he or she provides the Attorney General with 14 days’ prior notice of the change of address.
Mail forwarded by the Attorney General to the program participant’s address is returned and is
undeliverable or if service of process documents are returned to the Attorney General.
23, 24
Agency Use of Substitute Address
After obtaining certification as a program participant, such participant may request that state and local agencies or
other governmental entities use the substitute address provided by the Attorney General as his or her address.
25
When creating a new public record, state and local agencies or other governmental entities shall accept the
participant’s substitute address, unless the Attorney General has determined that:
16
“Address” means a residential street address, school address, or work address of an individual, as specified on the
individual’s application to be a program participant. S. 741.402(1), F.S.
17
S. 741.401, F.S.
18
An application fee may not be charged. S. 741.403(2), F.S.
19
The Attorney General is required to designate state and local agencies and nonprofit agencies that provide counseling and
shelter services to victims of domestic violence to assist persons applying to become program participants. S. 741.408, F.S.
20
S. 741.403(1), F.S.
21
S. 741.403(3), F.S.
22
S. 741.404(1) and (4), F.S..
23
S. 741.404(2) and (3), F.S..
24
The Attorney General’s Office must forward all first-class mail to a program participant at no charge. S. 741.405(8), F.S.
25
A program participant may use his or her designated substitute address as his or her work address. S. 741.405(7), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
The agency or entity has a bona fide statutory or administrative requirement for the use of the participant’s
actual address which would normally be confidential under the program.
The participant’s actual address will only be used for those statutory and administrative purposes.
The agency or entity has identified the specific program participant’s record for which the waiver is
requested.
The agency or entity has identified the individuals who will have access to the record.
The agency or entity has explained how its acceptance of a substitute address will prevent the agency from
meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a
change in its internal procedures.
26
The agency or entity is required to use the substitute address of the participant until such time as the Attorney
General makes all of the required findings for a waiver.
27 If the Attorney General determines that a waiver is
permitted, the Attorney General must notify and require the agency or entity to:
Maintain the confidentiality of a program participant’s actual address information.
Limit the use of and access to that address.
Designate an address disposition date after which the agency or entity may no longer maintain the record
of the actual address.
Comply with any other provisions and qualifications determined appropriate by the Attorney General.
28
Supervisor of Elections Use of Substitute Address
A program participant who is otherwise qualified to vote may request a vote-by-mail ballot. The program
participant will automatically receive vote-by-mail ballots for all elections in the jurisdictions in which he or she
resides, in the same manner as vote-by-mail voters, at the participant’s actual address designated in his or her
program application. The name, address, and telephone number of a program participant may not be included in
any list of registered voters available to the public.
29
Dating Violence
Dating violence is an act of assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical
injury or death, committed between individuals who have or have had a continuing and significant relationship of a
romantic or intimate nature. The existence of such a relationship is determined based on the consideration of the
following factors:
A dating relationship must have existed within the past six 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.
The term does not include violence in a casual acquaintanceship or violence between individuals who only have
engaged in ordinary fraternization in a business or social context.
30
26
S. 741.405(1), F.S.
27
S. 741.405(2), F.S.
28
S. 741.405(4), F.S.
29
S. 741.406, F.S.
30
S. 784.046(1)(a) and (d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 18 Y, 0 N, As CS 3/6/2025 Hall Leshko
THE CHANGES ADOPTED BY THE
COMMITTEE:
Required the Division of Telecommunications within the Department of
Management Services to consult with specified entities to conduct a
feasibility study regarding a web-based 911 alert system for use by
victims of domestic violence and dating violence.
Required the Attorney General to designate certain entities to assist
victims of dating violence applying to be Address Confidentiality
Program participants.
Revised legislative findings related to the Attorney General’s Address
Confidentiality Program.
Revised the definition of “dating violence.”
Removed the creation of a coordinating council and removed language
expanding existing public record exemptions.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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