16 | | - | dating violence; providing definitions; requiring the 3 |
---|
17 | | - | Division of Telecommunications within the Department 4 |
---|
18 | | - | of Management Services to consult with certain 5 |
---|
19 | | - | entities to conduct a feasibility study regarding a 6 |
---|
20 | | - | specified alert system; providing requirements for 7 |
---|
21 | | - | such alert system; requiring the division to report to 8 |
---|
22 | | - | the Legislature the results of the feasibility study 9 |
---|
23 | | - | by a specified date; amending s. 741.401, F.S.; 10 |
---|
24 | | - | revising legislative findings to include victims of 11 |
---|
25 | | - | dating violence; amending s. 741.402, F.S.; defining 12 |
---|
26 | | - | the term "dating violence"; amending s. 741.403, F.S.; 13 |
---|
27 | | - | authorizing victims of dating violence to apply to 14 |
---|
28 | | - | participate in the Attorney General's address 15 |
---|
29 | | - | confidentiality program; amending s. 741.408, F.S.; 16 |
---|
30 | | - | requiring the Attorney General to designate certain 17 |
---|
31 | | - | entities to assist victims of dating violence applying 18 |
---|
32 | | - | to be address confidentiality program participan ts; 19 |
---|
33 | | - | amending ss. 741.4651 and 960.001, F.S.; conforming 20 |
---|
34 | | - | provisions to changes made by the act; providing an 21 |
---|
35 | | - | effective date. 22 |
---|
36 | | - | 23 |
---|
37 | | - | Be It Enacted by the Legislature of the State of Florida: 24 |
---|
38 | | - | 25 |
---|
| 16 | + | dating violence; creating s. 741.317, F.S.; providing 3 |
---|
| 17 | + | a short title; creating the Helping Abuse Victims 4 |
---|
| 18 | + | Escape Now Act Coordinating Council within the 5 |
---|
| 19 | + | Department of Law Enforcement; requiring the 6 |
---|
| 20 | + | department to provide certain services; providing 7 |
---|
| 21 | + | definitions; specifying the composition of the 8 |
---|
| 22 | + | coordinating council; providing requirements for 9 |
---|
| 23 | + | member appointments, election of a chair, and 10 |
---|
| 24 | + | meetings; requiring member appointments to be 11 |
---|
| 25 | + | completed and the first me eting of the coordinating 12 |
---|
| 26 | + | council to be held by a date certain; specifying 13 |
---|
| 27 | + | duties of the coordinating council; requiring the 14 |
---|
| 28 | + | coordinating council to submit certain reports to 15 |
---|
| 29 | + | specified entities and persons, the Governor, and the 16 |
---|
| 30 | + | Legislature by a specified date; providing for funding 17 |
---|
| 31 | + | of the coordinating council; specifying that the act 18 |
---|
| 32 | + | supersedes certain local regulations; providing for 19 |
---|
| 33 | + | expiration of the coordinating council; amending s. 20 |
---|
| 34 | + | 741.402, F.S.; defining the term "dating violence"; 21 |
---|
| 35 | + | amending s. 741.403, F.S.; providing that victims of 22 |
---|
| 36 | + | dating violence and domestic violence may apply to 23 |
---|
| 37 | + | participate in the Attorney General's address 24 |
---|
| 38 | + | confidentiality program; amending ss. 741.465, 25 |
---|
51 | | - | Section 1. Domestic and dating violence 911 alert system 26 |
---|
52 | | - | feasibility study.— 27 |
---|
53 | | - | (1) As used in this section, the term: 28 |
---|
54 | | - | (a) "Division" means the Division of Telecommunications 29 |
---|
55 | | - | within the Department of Management Services. 30 |
---|
56 | | - | (b) "Enhanced 911" has the same meaning as in s. 31 |
---|
57 | | - | 365.172(3), Florida Statutes. 32 |
---|
58 | | - | (c) "Next Generation 911" has the same meaning as in s. 33 |
---|
59 | | - | 365.172(3), Florida Statutes. 34 |
---|
60 | | - | (d) "Public safety agency" has the same meaning as in s. 35 |
---|
61 | | - | 365.172(3), Florida Statutes. 36 |
---|
62 | | - | (e) "Public safety answering point" or "PSAP" has the same 37 |
---|
63 | | - | meaning as in s. 365.172(3), Florid a Statutes. 38 |
---|
64 | | - | (2) The division shall consult with enhanced 911 and Next 39 |
---|
65 | | - | Generation 911 service providers; state, county, and municipal 40 |
---|
66 | | - | PSAPs; and state and local public safety agencies to conduct a 41 |
---|
67 | | - | feasibility study regarding the creation of a web -based 911 42 |
---|
68 | | - | alert system for use by victims of domestic violence and dating 43 |
---|
69 | | - | violence which is capable of: 44 |
---|
70 | | - | (a) Ensuring real-time data-sharing between PSAPs and law 45 |
---|
71 | | - | enforcement agencies. 46 |
---|
72 | | - | (b) Creating a unique telephone number for each user which 47 |
---|
73 | | - | will connect the user to a PSAP. 48 |
---|
74 | | - | (c) Creating a user -generated numerical code or phrase 49 |
---|
75 | | - | that can be utilized by the user after contacting a PSAP which 50 |
---|
| 51 | + | 741.4651, and 960.001, F.S.; conforming provisions to 26 |
---|
| 52 | + | changes made by the act; providing an effective date. 27 |
---|
| 53 | + | 28 |
---|
| 54 | + | Be It Enacted by the Legislature of the State of Florida: 29 |
---|
| 55 | + | 30 |
---|
| 56 | + | Section 1. Section 741.317, Florida Statutes, is created 31 |
---|
| 57 | + | to read: 32 |
---|
| 58 | + | 741.317 Helping Abuse Victims Escape Now Act; coordinating 33 |
---|
| 59 | + | council; membership; duties; re ports; funding; preemption. — 34 |
---|
| 60 | + | (1) SHORT TITLE.—This section may be cited as the "Helping 35 |
---|
| 61 | + | Abuse Victims Escape Now (HAVEN) Act." 36 |
---|
| 62 | + | (2) CREATION.—The HAVEN Coordinating Council, a 37 |
---|
| 63 | + | coordinating council as defined in s. 20.03, is created within 38 |
---|
| 64 | + | the Department of Law Enforcement. The Department of Law 39 |
---|
| 65 | + | Enforcement shall provide administrative and staff support 40 |
---|
| 66 | + | services relating to the functions of the coordinating council. 41 |
---|
| 67 | + | (3) DEFINITIONS.—As used in this section, the term: 42 |
---|
| 68 | + | (a) "Dating violence" has the same meaning as in s. 43 |
---|
| 69 | + | 784.046(1)(d). 44 |
---|
| 70 | + | (b) "Domestic violence" has the same meaning as in s. 45 |
---|
| 71 | + | 741.28. 46 |
---|
| 72 | + | (c) "Dynamic website" means a website that generates 47 |
---|
| 73 | + | webpages in real-time and which can change its content and 48 |
---|
| 74 | + | layout depending on various parameters such a s user preferences, 49 |
---|
| 75 | + | time of day, and location. 50 |
---|
88 | | - | indicates the user's need for immediate law enforcement 51 |
---|
89 | | - | assistance. 52 |
---|
90 | | - | (d) Transmitting specified data to law enforcement 53 |
---|
91 | | - | agencies when a user calls from his or her unique telephone 54 |
---|
92 | | - | number and enters his or her numerical code or phrase. 55 |
---|
93 | | - | (3) By January 31, 2026, the division must report to the 56 |
---|
94 | | - | President of the Senate and the Speaker of the House of 57 |
---|
95 | | - | Representatives the results of the feasibility study. 58 |
---|
96 | | - | Section 2. Section 741.401, Florida Statutes, is amended 59 |
---|
97 | | - | to read: 60 |
---|
98 | | - | 741.401 Legislative findings; purpose. —The Legislature 61 |
---|
99 | | - | finds that persons attempting to escape from actual or 62 |
---|
100 | | - | threatened domestic violence or dating violence frequently 63 |
---|
101 | | - | establish new addresses in order to prevent their assailants or 64 |
---|
102 | | - | probable assailants from finding them. The purpose of ss. 65 |
---|
103 | | - | 741.401-741.409 is to enable state and local agencies to respond 66 |
---|
104 | | - | to requests for public records without disclosing the location 67 |
---|
105 | | - | of a victim of domestic violence or dating violence, to enable 68 |
---|
106 | | - | interagency cooperation with the Attorney General in providing 69 |
---|
107 | | - | address confidentiality for victims of domestic violence and 70 |
---|
108 | | - | dating violence, and to enable state and local agencies to 71 |
---|
109 | | - | accept a program participant's use of an address designated by 72 |
---|
110 | | - | the Attorney General as a substitute mailing address. 73 |
---|
111 | | - | Section 3. Section 741.402, Florida Statutes, is amended 74 |
---|
112 | | - | to read: 75 |
---|
| 88 | + | (4) MEMBERSHIP; MEETINGS. — 51 |
---|
| 89 | + | (a) The HAVEN Coordinating Council is composed of the 52 |
---|
| 90 | + | following members: 53 |
---|
| 91 | + | 1. A representative from the Department of Law 54 |
---|
| 92 | + | Enforcement, appointed by the executive director of the 55 |
---|
| 93 | + | Department of Law Enforcement. 56 |
---|
| 94 | + | 2. A representative from a local law enforcement agency, 57 |
---|
| 95 | + | appointed by the sheriff of the county in which the law 58 |
---|
| 96 | + | enforcement agency is located. 59 |
---|
| 97 | + | 3. A representative from a victim services program, 60 |
---|
| 98 | + | appointed by the secretar y of the Department of Children and 61 |
---|
| 99 | + | Families. 62 |
---|
| 100 | + | 4. A representative from a domestic violence advocacy 63 |
---|
| 101 | + | group, appointed by the secretary of the Department of Children 64 |
---|
| 102 | + | and Families. 65 |
---|
| 103 | + | 5. An expert in technology matters, appointed jointly by 66 |
---|
| 104 | + | the President of the Senate and the Speaker of the House of 67 |
---|
| 105 | + | Representatives. 68 |
---|
| 106 | + | 6. An attorney in good standing with The Florida Bar and 69 |
---|
| 107 | + | who is a member of the Family Law Section of The Florida Bar, 70 |
---|
| 108 | + | appointed by the president of The Florida Bar. 71 |
---|
| 109 | + | 7. Any other representativ e as determined by the HAVEN 72 |
---|
| 110 | + | Coordinating Council, appointed by the chair of the council. 73 |
---|
| 111 | + | (b) Appointments to the HAVEN Coordinating Council must be 74 |
---|
| 112 | + | made by September 1, 2025. Each member serves at the pleasure of 75 |
---|
125 | | - | 741.402 Definitions; ss. 741.401 -741.409.—Unless the 76 |
---|
126 | | - | context clearly requires otherwise, as used in ss. 741.401 -77 |
---|
127 | | - | 741.409, the term: 78 |
---|
128 | | - | (1) "Address" means a residential street address, school 79 |
---|
129 | | - | address, or work address of an individual, as specified on the 80 |
---|
130 | | - | individual's application to be a program participant under ss. 81 |
---|
131 | | - | 741.401-741.409. 82 |
---|
132 | | - | (2) "Dating violence" means an assault, aggravated 83 |
---|
133 | | - | assault, battery, aggravated battery, sexual assault, sexual 84 |
---|
134 | | - | battery, stalking, aggravated stalking, kidnapping, false 85 |
---|
135 | | - | imprisonment, or any criminal offense resulting in physical 86 |
---|
136 | | - | injury or death, or the threat of any such act, committed by an 87 |
---|
137 | | - | individual who has or has had a continuing and significant 88 |
---|
138 | | - | relationship of a romantic or intimate nature as determined by 89 |
---|
139 | | - | the factors listed in s. 784.046(1)(d) with the victim, 90 |
---|
140 | | - | regardless of whether the se acts or threats have been reported 91 |
---|
141 | | - | to law enforcement officers. 92 |
---|
142 | | - | (3) "Domestic violence" means an act as defined in s. 93 |
---|
143 | | - | 741.28 and includes a threat of such acts committed against an 94 |
---|
144 | | - | individual in a domestic situation, regardless of whether these 95 |
---|
145 | | - | acts or threats have been reported to law enforcement officers. 96 |
---|
146 | | - | (4)(2) "Program participant" means a person certified as a 97 |
---|
147 | | - | program participant under s. 741.403. 98 |
---|
148 | | - | Section 4. Paragraphs (a) and (d) of subsection (1) of 99 |
---|
149 | | - | section 741.403, Florida Statutes, are a mended to read: 100 |
---|
| 125 | + | the official who appointed the member. A vacancy on the 76 |
---|
| 126 | + | coordinating council must be filled in the same manner as the 77 |
---|
| 127 | + | original appointment. 78 |
---|
| 128 | + | (c) The coordinating council shall elect a chair from 79 |
---|
| 129 | + | among its members. 80 |
---|
| 130 | + | (d) The first meeting of the coordinating council must be 81 |
---|
| 131 | + | held no later than Oc tober 1, 2025. The coordinating council may 82 |
---|
| 132 | + | hold its meetings through teleconference or other electronic 83 |
---|
| 133 | + | means. 84 |
---|
| 134 | + | (5) DUTIES.—The HAVEN Coordinating Council shall: 85 |
---|
| 135 | + | (a) Develop a dynamic website with all of the following 86 |
---|
| 136 | + | functions: 87 |
---|
| 137 | + | 1. The ability to syn chronize with law enforcement 88 |
---|
| 138 | + | databases to ensure real -time data sharing and updates. 89 |
---|
| 139 | + | 2. The ability to allow a person using the dynamic website 90 |
---|
| 140 | + | to generate a unique phone number from which the user can use to 91 |
---|
| 141 | + | call a 911 emergency telephone number when h e or she is in need 92 |
---|
| 142 | + | of assistance from law enforcement. 93 |
---|
| 143 | + | 3. The ability for a user to choose a personalized 94 |
---|
| 144 | + | numerical code or phrase that discreetly alerts a law 95 |
---|
| 145 | + | enforcement agency or sheriff's office when the user calls his 96 |
---|
| 146 | + | or her uniquely generated phon e number. 97 |
---|
| 147 | + | 4. The ability to automatically transmit specified data to 98 |
---|
| 148 | + | a law enforcement agency or sheriff's office when a user calls 99 |
---|
| 149 | + | his or her generated phone number and uses his or her 100 |
---|
162 | | - | 741.403 Address confidentiality program; application; 101 |
---|
163 | | - | certification.— 102 |
---|
164 | | - | (1) An adult person, a parent or guardian acting on behalf 103 |
---|
165 | | - | of a minor, or a guardian acting on behalf of a person 104 |
---|
166 | | - | adjudicated incapacitated under chapter 744 may appl y to the 105 |
---|
167 | | - | Attorney General to have an address designated by the Attorney 106 |
---|
168 | | - | General serve as the person's address or the address of the 107 |
---|
169 | | - | minor or incapacitated person. To the extent possible within 108 |
---|
170 | | - | funds appropriated for this purpose, the Attorney General shall 109 |
---|
171 | | - | approve an application if it is filed in the manner and on the 110 |
---|
172 | | - | form prescribed by the Attorney General and if it contains all 111 |
---|
173 | | - | of the following: 112 |
---|
174 | | - | (a) A sworn statement by the applicant that the applicant 113 |
---|
175 | | - | has good reason to believe that the applicant, or t he minor or 114 |
---|
176 | | - | incapacitated person on whose behalf the application is made, is 115 |
---|
177 | | - | a victim of domestic violence or dating violence, and that the 116 |
---|
178 | | - | applicant fears for his or her safety or his or her children's 117 |
---|
179 | | - | safety or the safety of the minor or incapacitated pe rson on 118 |
---|
180 | | - | whose behalf the application is made. 119 |
---|
181 | | - | (d) A statement that the new address or addresses that the 120 |
---|
182 | | - | applicant requests must not be disclosed for the reason that 121 |
---|
183 | | - | disclosure will increase the risk of domestic violence or dating 122 |
---|
184 | | - | violence. 123 |
---|
185 | | - | Section 5. Section 741.408, Florida Statutes, is amended 124 |
---|
186 | | - | to read: 125 |
---|
| 162 | + | personalized numerical code or phrase, which then triggers the 101 |
---|
| 163 | + | immediate dispatch of a law enforcement officer or sheriff to 102 |
---|
| 164 | + | the user's location. 103 |
---|
| 165 | + | (b) Establish a public awareness campaign to inform the 104 |
---|
| 166 | + | public about the dynamic website and its features. 105 |
---|
| 167 | + | (c) Coordinate with local law enforcement agencies and 106 |
---|
| 168 | + | sheriffs to develop and implement a training program to ensure 107 |
---|
| 169 | + | law enforcement officers are equipped to respond swiftly and 108 |
---|
| 170 | + | effectively to alerts that are generated through the dynamic 109 |
---|
| 171 | + | website. 110 |
---|
| 172 | + | (d) Meet at least quarterly to review relevant data, 111 |
---|
| 173 | + | identify trends, and determine alternative or additional avenues 112 |
---|
| 174 | + | of support for victims of domestic violence or dating violence. 113 |
---|
| 175 | + | (6) REPORTS.—The HAVEN Coordinating Council shall: 114 |
---|
| 176 | + | (a) Provide quarterly reports to local law enforcement 115 |
---|
| 177 | + | agencies and sheriff's offices. 116 |
---|
| 178 | + | (b) By November 1 of each year, beginning in 2026, submit 117 |
---|
| 179 | + | to the Governor, the Attorney General, the commissioner of the 118 |
---|
| 180 | + | Department of Law Enforcement, the President of the Senate, and 119 |
---|
| 181 | + | the Speaker of the House of Representatives a report that 120 |
---|
| 182 | + | compiles the progress and cost breakdowns relating to the 121 |
---|
| 183 | + | establishment of the dynamic website and, once the dynamic 122 |
---|
| 184 | + | website is functioning, statistics relating to the usage and 123 |
---|
| 185 | + | effectiveness of the website and the effectiveness of the 124 |
---|
| 186 | + | coordinating council. 125 |
---|
199 | | - | 741.408 Assistance for program applicants. —The Attorney 126 |
---|
200 | | - | General shall designate state and local agencies and nonprofit 127 |
---|
201 | | - | agencies that provide counseling and shelter services to victims 128 |
---|
202 | | - | of domestic violence and dating violence to assist persons 129 |
---|
203 | | - | applying to be program participants. Assistance and counseling 130 |
---|
204 | | - | rendered by the Office of the Attorney General or its designees 131 |
---|
205 | | - | to applicants does not constitute legal advice. 132 |
---|
206 | | - | Section 6. Section 741.4651, Fl orida Statutes, is amended 133 |
---|
207 | | - | to read: 134 |
---|
208 | | - | 741.4651 Public records exemption; victims of stalking or 135 |
---|
209 | | - | aggravated stalking. —The names, addresses, and telephone numbers 136 |
---|
210 | | - | of persons who are victims of stalking or aggravated stalking 137 |
---|
211 | | - | are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 138 |
---|
212 | | - | Constitution in the same manner that the names, addresses, and 139 |
---|
213 | | - | telephone numbers of participants in the Address Confidentiality 140 |
---|
214 | | - | Program for Victims of Domestic and Dating Violence which are 141 |
---|
215 | | - | held by the Attorney General under s . 741.465 are exempt from 142 |
---|
216 | | - | disclosure, provided that the victim files a sworn statement of 143 |
---|
217 | | - | stalking with the Office of the Attorney General and otherwise 144 |
---|
218 | | - | complies with the procedures in ss. 741.401 -741.409. 145 |
---|
219 | | - | Section 7. Paragraph (c) of subsection (1) of section 146 |
---|
220 | | - | 960.001, Florida Statutes, is amended to read: 147 |
---|
221 | | - | 960.001 Guidelines for fair treatment of victims and 148 |
---|
222 | | - | witnesses in the criminal justice and juvenile justice systems. — 149 |
---|
223 | | - | (1) The Department of Legal Affairs, the state attorneys, 150 |
---|
| 199 | + | (7) FUNDING.— 126 |
---|
| 200 | + | (a) The Legislature may appropriate funds annually to the 127 |
---|
| 201 | + | Department of Law Enforcement to be used to implement this act. 128 |
---|
| 202 | + | (b) The HAVEN Coordinating Council may apply for and 129 |
---|
| 203 | + | receive grants and accept donations to support the development 130 |
---|
| 204 | + | and maintenance of the dynamic website. 131 |
---|
| 205 | + | (8) PREEMPTION.—This section supersedes any local 132 |
---|
| 206 | + | government regulations on matters covered under this section. A 133 |
---|
| 207 | + | local government or political subdivision may not administer, 134 |
---|
| 208 | + | implement, or enforce any law, rule, regulation, standard, or 135 |
---|
| 209 | + | provision that conflicts with this section. 136 |
---|
| 210 | + | (9) REPEAL.—In accordance with s. 20.052(8), this section 137 |
---|
| 211 | + | is repealed October 2, 2028, unless reviewed and saved from 138 |
---|
| 212 | + | repeal through reenactment by the Legislature. 139 |
---|
| 213 | + | Section 2. Section 741.402, Florida Statutes, is amended 140 |
---|
| 214 | + | to read: 141 |
---|
| 215 | + | 741.402 Definitions; ss. 741.401 -741.409.—Unless the 142 |
---|
| 216 | + | context clearly requires otherwise, as used in ss. 741.401 -143 |
---|
| 217 | + | 741.409, the term: 144 |
---|
| 218 | + | (1) "Address" means a residential street address, school 145 |
---|
| 219 | + | address, or work address o f an individual, as specified on the 146 |
---|
| 220 | + | individual's application to be a program participant under ss. 147 |
---|
| 221 | + | 741.401-741.409. 148 |
---|
| 222 | + | (2) "Dating violence" means an act as defined in s. 149 |
---|
| 223 | + | 784.046(1)(a) and includes a threat of such acts committed 150 |
---|
236 | | - | the Department of Cor rections, the Department of Juvenile 151 |
---|
237 | | - | Justice, the Florida Commission on Offender Review, the State 152 |
---|
238 | | - | Courts Administrator and circuit court administrators, the 153 |
---|
239 | | - | Department of Law Enforcement, and every sheriff's department, 154 |
---|
240 | | - | police department, or other law enf orcement agency as defined in 155 |
---|
241 | | - | s. 943.10(4) shall develop and implement guidelines for the use 156 |
---|
242 | | - | of their respective agencies, which guidelines are consistent 157 |
---|
243 | | - | with the purposes of this act and s. 16(b), Art. I of the State 158 |
---|
244 | | - | Constitution and are designed to imp lement s. 16(b), Art. I of 159 |
---|
245 | | - | the State Constitution and to achieve the following objectives: 160 |
---|
246 | | - | (c) Information concerning protection available to victim 161 |
---|
247 | | - | or witness.—A victim or witness shall be furnished, as a matter 162 |
---|
248 | | - | of course, with information on steps that are available to law 163 |
---|
249 | | - | enforcement officers and state attorneys to protect victims and 164 |
---|
250 | | - | witnesses from intimidation. Victims of domestic violence and 165 |
---|
251 | | - | dating violence shall also be given information about the 166 |
---|
252 | | - | address confidentiality program provided under s. 741.403. 167 |
---|
253 | | - | Section 8. This act shall take effect July 1, 2025. 168 |
---|
| 236 | + | against an individual in a continuing and significant 151 |
---|
| 237 | + | relationship as determined by the factors listed in s. 152 |
---|
| 238 | + | 784.046(1)(d), regardless of whether these acts or threats have 153 |
---|
| 239 | + | been reported to law enforcement officers. 154 |
---|
| 240 | + | (3) "Domestic violence" means an act as defined in s. 155 |
---|
| 241 | + | 741.28 and includes a threat of such acts committed against an 156 |
---|
| 242 | + | individual in a domestic situation, regardless of whether these 157 |
---|
| 243 | + | acts or threats have been reported to law enforcement officers. 158 |
---|
| 244 | + | (4)(2) "Program participant" means a person certified as a 159 |
---|
| 245 | + | program participant under s. 741.403. 160 |
---|
| 246 | + | Section 3. Paragraphs (a) and (d) of subsection (1) of 161 |
---|
| 247 | + | section 741.403, Florida Statutes, are amended to read: 162 |
---|
| 248 | + | 741.403 Address confidentiality program; application; 163 |
---|
| 249 | + | certification.— 164 |
---|
| 250 | + | (1) An adult person, a parent or guardian a cting on behalf 165 |
---|
| 251 | + | of a minor, or a guardian acting on behalf of a person 166 |
---|
| 252 | + | adjudicated incapacitated under chapter 744 may apply to the 167 |
---|
| 253 | + | Attorney General to have an address designated by the Attorney 168 |
---|
| 254 | + | General serve as the person's address or the address of the 169 |
---|
| 255 | + | minor or incapacitated person. To the extent possible within 170 |
---|
| 256 | + | funds appropriated for this purpose, the Attorney General shall 171 |
---|
| 257 | + | approve an application if it is filed in the manner and on the 172 |
---|
| 258 | + | form prescribed by the Attorney General and if it contains all 173 |
---|
| 259 | + | of the following: 174 |
---|
| 260 | + | (a) A sworn statement by the applicant that the applicant 175 |
---|
| 261 | + | |
---|
| 262 | + | HB 19 2025 |
---|
| 263 | + | |
---|
| 264 | + | |
---|
| 265 | + | |
---|
| 266 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 267 | + | hb19-00 |
---|
| 268 | + | Page 8 of 11 |
---|
| 269 | + | 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 |
---|
| 270 | + | |
---|
| 271 | + | |
---|
| 272 | + | |
---|
| 273 | + | has good reason to believe that the applicant, or the minor or 176 |
---|
| 274 | + | incapacitated person on whose behalf the application is made, is 177 |
---|
| 275 | + | a victim of domestic violence or dating violence, and that the 178 |
---|
| 276 | + | applicant fears for his or her safety or his or her children's 179 |
---|
| 277 | + | safety or the safety of the minor or incapacitated person on 180 |
---|
| 278 | + | whose behalf the application is made. 181 |
---|
| 279 | + | (d) A statement that the new address or addresses that the 182 |
---|
| 280 | + | applicant requests must no t be disclosed for the reason that 183 |
---|
| 281 | + | disclosure will increase the risk of domestic violence or dating 184 |
---|
| 282 | + | violence. 185 |
---|
| 283 | + | Section 4. Section 741.465, Florida Statutes, is amended 186 |
---|
| 284 | + | to read: 187 |
---|
| 285 | + | 741.465 Public records exemption for the Address 188 |
---|
| 286 | + | Confidentiality Program f or Victims of Domestic Violence.— 189 |
---|
| 287 | + | (1) For purposes of this section, the term "address" means 190 |
---|
| 288 | + | a residential street address, school address, or work address, 191 |
---|
| 289 | + | as specified on the individual's application to be a program 192 |
---|
| 290 | + | participant in the Address Confidenti ality Program for Victims 193 |
---|
| 291 | + | of Violence. 194 |
---|
| 292 | + | (2)(1) The addresses, corresponding telephone numbers, and 195 |
---|
| 293 | + | social security numbers of program participants in the Address 196 |
---|
| 294 | + | Confidentiality Program for Victims of Domestic Violence held by 197 |
---|
| 295 | + | the Office of the Attorney G eneral are exempt from s. 119.07(1) 198 |
---|
| 296 | + | and s. 24(a), Art. I of the State Constitution, except the 199 |
---|
| 297 | + | information may be disclosed under the following circumstances: 200 |
---|
| 298 | + | |
---|
| 299 | + | HB 19 2025 |
---|
| 300 | + | |
---|
| 301 | + | |
---|
| 302 | + | |
---|
| 303 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 304 | + | hb19-00 |
---|
| 305 | + | Page 9 of 11 |
---|
| 306 | + | 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 |
---|
| 307 | + | |
---|
| 308 | + | |
---|
| 309 | + | |
---|
| 310 | + | to a law enforcement agency for purposes of assisting in the 201 |
---|
| 311 | + | execution of a valid arrest warrant; if directed by a court 202 |
---|
| 312 | + | order, to a person identified in the order; or if the 203 |
---|
| 313 | + | certification has been canceled. For purposes of this section, 204 |
---|
| 314 | + | the term "address" means a residential street address, school 205 |
---|
| 315 | + | address, or work address, as specified on the individ ual's 206 |
---|
| 316 | + | application to be a program participant in the Address 207 |
---|
| 317 | + | Confidentiality Program for Victims of Domestic Violence. 208 |
---|
| 318 | + | (3)(2) The names, addresses, and telephone numbers of 209 |
---|
| 319 | + | participants in the Address Confidentiality Program for Victims 210 |
---|
| 320 | + | of Domestic Violence contained in voter registration and voting 211 |
---|
| 321 | + | records held by the supervisor of elections and the Department 212 |
---|
| 322 | + | of State are exempt from s. 119.07(1) and s. 24(a), Art. I of 213 |
---|
| 323 | + | the State Constitution, except the information may be disclosed 214 |
---|
| 324 | + | under the following circumstances: to a law enforcement agency 215 |
---|
| 325 | + | for purposes of assisting in the execution of an arrest warrant 216 |
---|
| 326 | + | or, if directed by a court order, to a person identified in the 217 |
---|
| 327 | + | order. This exemption applies to information made exempt by this 218 |
---|
| 328 | + | subsection before, o n, or after the effective date of the 219 |
---|
| 329 | + | exemption. 220 |
---|
| 330 | + | Section 5. Section 741.4651, Florida Statutes, is amended 221 |
---|
| 331 | + | to read: 222 |
---|
| 332 | + | 741.4651 Public records exemption; victims of stalking or 223 |
---|
| 333 | + | aggravated stalking. —The names, addresses, and telephone numbers 224 |
---|
| 334 | + | of persons who are victims of stalking or aggravated stalking 225 |
---|
| 335 | + | |
---|
| 336 | + | HB 19 2025 |
---|
| 337 | + | |
---|
| 338 | + | |
---|
| 339 | + | |
---|
| 340 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 341 | + | hb19-00 |
---|
| 342 | + | Page 10 of 11 |
---|
| 343 | + | 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 |
---|
| 344 | + | |
---|
| 345 | + | |
---|
| 346 | + | |
---|
| 347 | + | are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 226 |
---|
| 348 | + | Constitution in the same manner that the names, addresses, and 227 |
---|
| 349 | + | telephone numbers of participants in the Address Confidentiality 228 |
---|
| 350 | + | Program for Victims of Domestic Violence which are held by the 229 |
---|
| 351 | + | Attorney General under s. 741.465 are exempt from disclosure, 230 |
---|
| 352 | + | provided that the victim files a sworn statement of stalking 231 |
---|
| 353 | + | with the Office of the Attorney General and otherwise complies 232 |
---|
| 354 | + | with the procedures i n ss. 741.401-741.409. 233 |
---|
| 355 | + | Section 6. Paragraph (c) of subsection (1) of section 234 |
---|
| 356 | + | 960.001, Florida Statutes, is amended to read: 235 |
---|
| 357 | + | 960.001 Guidelines for fair treatment of victims and 236 |
---|
| 358 | + | witnesses in the criminal justice and juvenile justice systems. — 237 |
---|
| 359 | + | (1) The Department of Legal Affairs, the state attorneys, 238 |
---|
| 360 | + | the Department of Corrections, the Department of Juvenile 239 |
---|
| 361 | + | Justice, the Florida Commission on Offender Review, the State 240 |
---|
| 362 | + | Courts Administrator and circuit court administrators, the 241 |
---|
| 363 | + | Department of Law Enforce ment, and every sheriff's department, 242 |
---|
| 364 | + | police department, or other law enforcement agency as defined in 243 |
---|
| 365 | + | s. 943.10(4) shall develop and implement guidelines for the use 244 |
---|
| 366 | + | of their respective agencies, which guidelines are consistent 245 |
---|
| 367 | + | with the purposes of this a ct and s. 16(b), Art. I of the State 246 |
---|
| 368 | + | Constitution and are designed to implement s. 16(b), Art. I of 247 |
---|
| 369 | + | the State Constitution and to achieve the following objectives: 248 |
---|
| 370 | + | (c) Information concerning protection available to victim 249 |
---|
| 371 | + | or witness.—A victim or witness shall be furnished, as a matter 250 |
---|
| 372 | + | |
---|
| 373 | + | HB 19 2025 |
---|
| 374 | + | |
---|
| 375 | + | |
---|
| 376 | + | |
---|
| 377 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 378 | + | hb19-00 |
---|
| 379 | + | Page 11 of 11 |
---|
| 380 | + | 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 |
---|
| 381 | + | |
---|
| 382 | + | |
---|
| 383 | + | |
---|
| 384 | + | of course, with information on steps that are available to law 251 |
---|
| 385 | + | enforcement officers and state attorneys to protect victims and 252 |
---|
| 386 | + | witnesses from intimidation. Victims of domestic violence and 253 |
---|
| 387 | + | dating violence shall also be given information about the 254 |
---|
| 388 | + | address confidentiality program provided under s. 741.403. 255 |
---|
| 389 | + | Section 7. This act shall take effect July 1, 2025. 256 |
---|