Florida 2025 Regular Session

Florida House Bill H0019 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 victims of domestic violence and 2
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
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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- 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
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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-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
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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- 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
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158158 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- 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
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195195 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- 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
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232232 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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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
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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
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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
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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
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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
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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