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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
A bill to be entitled 1
An act relating to injunctions for protection in cases 2
of repeat or serious violence; amending s. 784.046, 3
F.S.; replacing the term "repeat violence" with the 4
term "repeat or serious violence"; defining the term 5
"repeat or serious violence"; expanding the grounds 6
for an existing cause of action for an injunction of 7
protection to include serious violence in addition to 8
repeat violence; revising the name of an existing 9
cause of action to an injunction for protection in 10
cases of repeat or serious violence, rat her than in 11
cases of repeat violence; conforming provisions to 12
changes made by the act; amending ss. 44.407, 61.1825, 13
119.0714, 394.4597, 394.4598, 741.2901, 741.30, 14
741.313, 784.047, 784.048, 790.06, 790.065, 934.03, 15
and 943.05, F.S.; conforming provision s to changes 16
made by the act; reenacting ss. 28.2221(8)(a), (c), 17
and (d), 61.1827(1), 741.311(2), 741.315(2), 18
790.401(2)(e) and (3)(c), 901.15(6), 901.41(5), 19
921.141(6)(p), 921.1425(7)(j), and 934.425(3), F.S., 20
relating to electronic access to official rec ords, 21
identifying information concerning applicants for and 22
recipients of child support services, Hope Card 23
Program for persons issued orders of protection, 24
recognition of foreign protection orders, risk 25
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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
protection orders, when arrest by a law enforcement 26
officer without a warrant is lawful, prearrest 27
diversion programs, aggravating factors relating to a 28
sentence of death or life imprisonment for capital 29
felonies, aggravating factors relating to a sentence 30
of death or life imprisonment for capital sexual 31
battery, and installation or use of tracking devices 32
or tracking applications, respectively, to incorporate 33
the amendment made to s. 784.046, F.S., in references 34
thereto; providing an effective date. 35
36
Be It Enacted by the Legislature of the State of Flor ida: 37
38
Section 1. Section 784.046, Florida Statutes, is amended 39
to read: 40
784.046 Action by victim of repeat or serious violence, 41
sexual violence, or dating violence for protective injunction; 42
dating violence investigations, notice to victims, and 43
reporting; pretrial release violations; public records 44
exemption.— 45
(1) As used in this section, the term: 46
(a) "Violence" means any assault, aggravated assault, 47
battery, aggravated battery, sexual assault, sexual battery, 48
stalking, aggravated stalking, kidn apping, or false 49
imprisonment, or any criminal offense resulting in physical 50
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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
injury or death, by a person against any other person. 51
(b) "Repeat or serious violence" means: 52
1. Two incidents of violence or stalking committed by the 53
respondent, one of whi ch must have been within 6 months of the 54
filing of the petition, which are directed against the 55
petitioner or the petitioner's immediate family member ; 56
2. One act committed by the respondent that causes bodily 57
injury to the petitioner; or 58
3. A death threat committed by the respondent against the 59
petitioner. 60
(c) "Sexual violence" means any one incident of: 61
1. Sexual battery, as defined in chapter 794; 62
2. A lewd or lascivious act, as defined in chapter 800, 63
committed upon or in the presence of a per son younger than 16 64
years of age; 65
3. Luring or enticing a child, as described in chapter 66
787; 67
4. Sexual performance by a child, as described in chapter 68
827; or 69
5. Any other forcible felony wherein a sexual act is 70
committed or attempted, 71
72
regardless of whether criminal charges based on the incident 73
were filed, reduced, or dismissed by the state attorney. 74
(d) "Dating violence" means violence between individuals 75
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who have or have had a continuing and significant relationship 76
of a romantic or intimate n ature. The existence of such a 77
relationship must shall be determined based on the consideration 78
of the following factors: 79
1. A dating relationship must have existed within the past 80
6 months; 81
2. The nature of the relationship must have been 82
characterized by the expectation of affection or sexual 83
involvement between the parties; and 84
3. The frequency and type of interaction between the 85
persons involved in the relationship must have included that the 86
persons have been involved over time and on a continuou s basis 87
during the course of the relationship. 88
89
The term does not include violence in a casual acquaintanceship 90
or violence between individuals who only have engaged in 91
ordinary fraternization in a business or social context. 92
(2) There is created a cause of action for an injunction 93
for protection in cases of repeat or serious violence, there is 94
created a separate cause of action for an injunction for 95
protection in cases of dating violence, and there is created a 96
separate cause of action for an injunction for protection in 97
cases of sexual violence. 98
(a) Any person who is the victim of repeat or serious 99
violence or the parent or legal guardian of any minor child who 100
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is living at home and who seeks an injunction for protection 101
against repeat or serious violence on behalf of the minor child 102
has standing in the circuit court to file a verified petition 103
for an injunction for protection against repeat or serious 104
violence. 105
(b) Any person who is the victim of dating violence and 106
has reasonable cause to believe he or she is in imminent danger 107
of becoming the victim of another act of dating violence, or any 108
person who has reasonable cause to believe he or she is in 109
imminent danger of becoming the victim of an act of dating 110
violence, or the parent or legal guardian o f any minor child who 111
is living at home and who seeks an injunction for protection 112
against dating violence on behalf of that minor child, has 113
standing in the circuit court to file a verified petition for an 114
injunction for protection against dating violence . 115
(c) A person who is the victim of sexual violence or the 116
parent or legal guardian of a minor child who is living at home 117
who is the victim of sexual violence has standing in the circuit 118
court to file a verified petition for an injunction for 119
protection against sexual violence on his or her own behalf or 120
on behalf of the minor child if: 121
1. The person has reported the sexual violence to a law 122
enforcement agency and is cooperating in any criminal proceeding 123
against the respondent, regardless of whether c riminal charges 124
based on the sexual violence have been filed, reduced, or 125
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dismissed by the state attorney; or 126
2. The respondent who committed the sexual violence 127
against the victim or minor child was sentenced to a term of 128
imprisonment in state prison fo r the sexual violence and the 129
respondent's term of imprisonment has expired or is due to 130
expire within 90 days following the date the petition is filed. 131
(d) A cause of action for an injunction may be sought 132
whether or not any other petition, complaint, o r cause of action 133
is currently available or pending between the parties. 134
(e) A cause of action for an injunction does not require 135
that the petitioner be represented by an attorney. 136
(3)(a) The clerk of the court shall provide a copy of this 137
section, simplified forms, and clerical assistance for the 138
preparation and filing of such a petition by any person who is 139
not represented by counsel. 140
(b) Notwithstanding any other law, the clerk of the court 141
may not assess a fee for filing a petition for protection 142
against repeat or serious violence, sexual violence, or dating 143
violence. However, subject to legislative appropriation, the 144
clerk of the court may, each quarter, submit to the Office of 145
the State Courts Administrator a certified request for 146
reimbursement for petitions for protection issued by the court 147
under this section at the rate of $40 per petition. The request 148
for reimbursement must shall be submitted in the form and manner 149
prescribed by the Office of the State Courts Administrator. From 150
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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
this reimbursement, the clerk shall pay the law enforcement 151
agency serving the injunction the fee requested by the law 152
enforcement agency; however, this fee may not exceed $20. 153
(c) No bond is shall be required by the court for the 154
entry of an injunction. 155
(d) The clerk of the court shall provide the petitioner 156
with a certified copy of any injunction for protection against 157
repeat or serious violence, sexual violence, or dating violence 158
entered by the court. 159
(4)(a) The verified petition must shall allege the 160
incidents of repeat or serious violence, sexual violence, or 161
dating violence and must shall include the specific facts and 162
circumstances that form the basis upon which relief is sought. 163
With respect to a minor child who is living at home, the parent 164
or legal guardian seeking the protective injunction on behalf of 165
the minor child must: 166
1. Have been an eyewitness to, or have direct physical 167
evidence or affidavits from eyewitnesses of, the specific facts 168
and circumstances that form the basis upon which relief is 169
sought, if the party against whom the protective injunction is 170
sought is also a parent, stepparent, or legal guardian of the 171
minor child; or 172
2. Have reasonable cause to believe that the minor child 173
is a victim of repeat or serious violence, sexual violence, or 174
dating violence to form the basis upon which relief is sought, 175
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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
if the party against whom the protective injunction is sought is 176
a person other than a parent, stepparent, or legal guardian of 177
the minor child. 178
(b) The verified petition must be in substa ntially the 179
following form: 180
PETITION FOR INJUNCTION FOR PROTECTION 181
AGAINST REPEAT OR SERIOUS VIOLENCE, SEXUAL 182
VIOLENCE, OR DATING VIOLENCE 183
The undersigned petitioner ...(name)... declares under 184
penalties of perjury that the following statements are true: 185
1. Petitioner resides at ...(address)... (A petitioner for 186
an injunction for protection against sexual violence may furnish 187
an address to the court in a separate confidential filing if, 188
for safety reasons, the petitioner requires the location of his 189
or her current residence to be confidential pursuant to s. 190
119.071(2)(j), Florida Statutes.) 191
2. Respondent resides at ...(address).... 192
3.a. Petitioner has suffered repeat or serious violence as 193
demonstrated by the fact that the respondent has: ...(enumerate 194
incidents of violence)... 195
................................................................ 196
................................................................ 197
................................................................ 198
b. Petitioner has s uffered sexual violence as demonstrated 199
by the fact that the respondent has: ...(enumerate incident of 200
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violence and include incident report number from law enforcement 201
agency or attach notice of inmate release)... 202
.......................................... ...................... 203
................................................................ 204
................................................................ 205
c. Petitioner is a victim of dating violence and has 206
reasonable cause to believe that he or she is in imminent danger 207
of becoming the victim of another act of dating violence or has 208
reasonable cause to believe that he or she is in imminent danger 209
of becoming a victim of dating violence, as demonstrated by the 210
fact that the respondent has: ...(list the spe cific incident or 211
incidents of violence and describe the length of time of the 212
relationship, whether it has been in existence during the last 6 213
months, the nature of the relationship of a romantic or intimate 214
nature, the frequency and type of interaction, and any other 215
facts that characterize the relationship)... 216
................................................................ 217
................................................................ 218
................................................................ 219
4. Petitioner genuinely fears repeat or serious violence 220
by the respondent. 221
5. Petitioner seeks: an immediate injunction against the 222
respondent, enjoining him or her from committing any further 223
acts of violence; an injunction enjoining the respondent fro m 224
committing any further acts of violence; and an injunction 225
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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
providing any terms the court deems necessary for the protection 226
of the petitioner and the petitioner's immediate family, 227
including any injunctions or directives to law enforcement 228
agencies. 229
(c) Every petition for an injunction against sexual 230
violence, dating violence, or repeat or serious violence must 231
contain, directly above the signature line, a statement in all 232
capital letters and bold type not smaller than the surrounding 233
text, as follows: 234
235
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ 236
THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT 237
ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN 238
THIS PETITION ARE BEING MADE UNDER PENALTIES OF 239
PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92. 525, 240
FLORIDA STATUTES. 241
242
...(initials)... 243
244
(5) Upon the filing of the petition, the court shall set a 245
hearing to be held at the earliest possible time. The respondent 246
must shall be personally served with a copy of the petition, 247
notice of hearing, and temp orary injunction, if any, before 248
prior to the hearing. 249
(6)(a) When it appears to the court that an immediate and 250
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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
present danger of violence exists, the court may grant a 251
temporary injunction which may be granted in an ex parte 252
hearing, pending a full hearing, and may grant such relief as 253
the court deems proper, including an injunction enjoining the 254
respondent from committing any acts of violence. 255
(b) Except as provided in s. 90.204, in a hearing ex parte 256
for the purpose of obtaining such temporary in junction, no 257
evidence other than the verified pleading or affidavit may shall 258
be used as evidence, unless the respondent appears at the 259
hearing or has received reasonable notice of the hearing. 260
(c) Any such ex parte temporary injunction is shall be 261
effective for a fixed period not to exceed 15 days. However, an 262
ex parte temporary injunction granted under subparagraph 263
(2)(c)2. is effective for 15 days following the date the 264
respondent is released from incarceration. A full hearing, as 265
provided by this sect ion, must shall be set for a date no later 266
than the date when the temporary injunction ceases to be 267
effective. The court may grant a continuance of the ex parte 268
injunction and the full hearing before or during a hearing, for 269
good cause shown by any party. 270
(7) Upon notice and hearing, the court may grant such 271
relief as the court deems proper, including an injunction: 272
(a) Enjoining the respondent from committing any acts of 273
violence. 274
(b) Ordering such other relief as the court deems 275
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necessary for the pr otection of the petitioner, including 276
injunctions or directives to law enforcement agencies, as 277
provided in this section. 278
(c) The terms of the injunction shall remain in full force 279
and effect until modified or dissolved. Either party may move at 280
any time to modify or dissolve the injunction. Such relief may 281
be granted in addition to other civil or criminal remedies. 282
(d) A temporary or final judgment on injunction for 283
protection against repeat or serious violence, sexual violence, 284
or dating violence ente red pursuant to this section must shall, 285
on its face, indicate that: 286
1. The injunction is valid and enforceable in all counties 287
of the State of Florida. 288
2. Law enforcement officers may use their arrest powers 289
pursuant to s. 901.15(6) to enforce the terms of the injunction. 290
3. The court had jurisdiction over the parties and matter 291
under the laws of Florida and that reasonable notice and 292
opportunity to be heard was given to the person against whom the 293
order is sought sufficient to protect that person 's right to due 294
process. 295
4. The date that the respondent was served with the 296
temporary or final order, if obtainable. 297
(8)(a)1. Within 24 hours after the court issues an 298
injunction for protection against repeat or serious violence, 299
sexual violence, or d ating violence, the clerk of the court 300
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shall electronically transmit a copy of the petition, notice of 301
hearing, and temporary injunction, if any, to the sheriff or a 302
law enforcement agency of the county where the respondent 303
resides or can be found, who sha ll serve it upon the respondent 304
as soon thereafter as possible on any day of the week and at any 305
time of the day or night. An electronic copy of an injunction 306
must be certified by the clerk of the court, and the electronic 307
copy must be served in the same m anner as a certified copy. Upon 308
receiving an electronic copy of the injunction, the sheriff must 309
verify receipt with the sender before attempting to serve it 310
upon the respondent. In addition, if the sheriff is in 311
possession of an injunction for protection that has been 312
certified by the clerk of the court, the sheriff may 313
electronically transmit a copy of that injunction to a law 314
enforcement officer who shall serve it in the same manner as a 315
certified copy. The clerk of the court is responsible for 316
furnishing to the sheriff such information on the respondent's 317
physical description and location as is required by the 318
department to comply with the verification procedures set forth 319
in this section. Notwithstanding any other law to the contrary, 320
the chief judge of each circuit, in consultation with the 321
appropriate sheriff, may authorize a law enforcement agency 322
within the chief judge's jurisdiction to effect this type of 323
service and to receive a portion of the service fee. A person 324
may not serve or execute an injun ction issued under this section 325
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unless the person is a law enforcement officer as defined in 326
chapter 943. 327
2. When an injunction is issued, if the petitioner 328
requests the assistance of a law enforcement agency, the court 329
may order that an officer from the appropriate law enforcement 330
agency accompany the petitioner and assist in the execution or 331
service of the injunction. A law enforcement officer must accept 332
a copy of an injunction for protection against repeat or serious 333
violence, sexual violence, or dati ng violence, certified by the 334
clerk of the court, from the petitioner and immediately serve it 335
upon a respondent who has been located but not yet served. 336
(b) A Domestic, Dating, Sexual, and Repeat or Serious 337
Violence Injunction Statewide Verification Sys tem is created 338
within the Department of Law Enforcement. The department shall 339
establish, implement, and maintain a statewide communication 340
system capable of electronically transmitting information to and 341
between criminal justice agencies relating to domest ic violence 342
injunctions, dating violence injunctions, sexual violence 343
injunctions, and repeat or serious violence injunctions issued 344
by the courts throughout the state. Such information must 345
include, but is not limited to, information as to the existence 346
and status of any injunction for verification purposes. 347
(c)1. Within 24 hours after the court issues an injunction 348
for protection against repeat or serious violence, sexual 349
violence, or dating violence or changes or vacates an injunction 350
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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
for protection against repeat or serious violence, sexual 351
violence, or dating violence, the clerk of the court must 352
electronically transmit a copy of the injunction to the sheriff 353
with jurisdiction over the residence of the petitioner. 354
2. Within 24 hours after service of process of an 355
injunction for protection against repeat or serious violence, 356
sexual violence, or dating violence upon a respondent, the law 357
enforcement officer must electronically transmit the written 358
proof of service of process to the sheriff with jurisdi ction 359
over the residence of the petitioner. 360
3. Within 24 hours after the sheriff receives a certified 361
copy of the injunction for protection against repeat or serious 362
violence, sexual violence, or dating violence, the sheriff must 363
make information relatin g to the injunction available to other 364
law enforcement agencies by electronically transmitting such 365
information to the department. 366
4. Within 24 hours after the sheriff or other law 367
enforcement officer has made service upon the respondent and the 368
sheriff has been so notified, the sheriff must make information 369
relating to the service available to other law enforcement 370
agencies by electronically transmitting such information to the 371
department. 372
5. Subject to available funding, the Florida Association 373
of Court Clerks and Comptrollers shall develop an automated 374
process by which a petitioner may request notification of 375
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service of the injunction for protection against repeat or 376
serious violence, sexual violence, or dating violence and other 377
court actions related to the injunction for protection. The 378
automated notice must be made within 12 hours after the sheriff 379
or other law enforcement officer serves the injunction upon the 380
respondent. The notification must include, at a minimum, the 381
date, time, and location whe re the injunction for protection 382
against repeat or serious violence, sexual violence, or dating 383
violence was served. The Florida Association of Court Clerks and 384
Comptrollers may apply for any available grants to fund the 385
development of the automated proces s. 386
6. Within 24 hours after an injunction for protection 387
against repeat or serious violence, sexual violence, or dating 388
violence is lifted, terminated, or otherwise rendered no longer 389
effective by ruling of the court, the clerk of the court must 390
notify the sheriff or local law enforcement agency receiving 391
original notification of the injunction as provided in 392
subparagraph 2. That agency shall, within 24 hours after 393
receiving such notification from the clerk of the court, notify 394
the department of such acti on of the court. 395
(d) The petitioner may request a Hope Card under s. 396
741.311 after the court has issued a final order of protection. 397
(9)(a) The court shall enforce, through a civil or 398
criminal contempt proceeding, a violation of an injunction for 399
protection. The court may enforce the respondent's compliance 400
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with the injunction by imposing a monetary assessment. The clerk 401
of the court shall collect and receive such assessments. On a 402
monthly basis, the clerk shall transfer the moneys collected 403
pursuant to this paragraph to the State Treasury for deposit in 404
the Crimes Compensation Trust Fund established in s. 960.21. 405
(b) If the respondent is arrested by a law enforcement 406
officer under s. 901.15(6) for committing an act of repeat or 407
serious violence, sexual violence, or dating violence in 408
violation of an injunction for protection, the respondent must 409
shall be held in custody until brought before the court as 410
expeditiously as possible for the purpose of enforcing the 411
injunction and for admittance to bail in accordance with chapter 412
903 and the applicable rules of criminal procedure, pending a 413
hearing. 414
(10) The petitioner or the respondent may move the court 415
to modify or dissolve an injunction at any time. 416
(11) Any law enforcement officer who investigates a n 417
alleged incident of dating violence shall assist the victim to 418
obtain medical treatment if such is required as a result of the 419
alleged incident to which the officer responds. Any law 420
enforcement officer who investigates an alleged incident of 421
dating violence shall advise the victim of such violence that 422
there is a domestic violence center from which the victim may 423
receive services. The law enforcement officer shall give the 424
victim immediate notice of the legal rights and remedies 425
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available on a standard f orm developed and distributed by the 426
Department of Law Enforcement. As necessary, the Department of 427
Law Enforcement shall revise the Legal Rights and Remedies 428
Notice to Victims to include a general summary of this section, 429
using simple English as well as S panish, and shall distribute 430
the notice as a model form to be used by all law enforcement 431
agencies throughout this the state. The notice must shall 432
include: 433
(a) The resource listing, including telephone number, for 434
the area domestic violence center desig nated by the Department 435
of Children and Families; and 436
(b) A copy of the following statement: "IF YOU ARE THE 437
VICTIM OF DATING VIOLENCE, you may ask the state attorney to 438
file a criminal complaint. You also have the right to go to 439
court and file a petitio n requesting an injunction for 440
protection from dating violence which may include, but need not 441
be limited to, provisions that restrain the abuser from further 442
acts of abuse; direct the abuser to leave your household; and 443
prevent the abuser from entering yo ur residence, school, 444
business, or place of employment." 445
(12) When a law enforcement officer investigates an 446
allegation that an incident of dating violence has occurred, the 447
officer shall handle the incident pursuant to the arrest policy 448
provided in s. 901.15(7), and as developed in accordance with 449
subsections (13), (14), and (16). Whether or not an arrest is 450
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made, the officer shall make a written police report that is 451
complete and clearly indicates that the alleged offense was an 452
incident of dating viole nce. Such report must shall be given to 453
the officer's supervisor and filed with the law enforcement 454
agency in a manner that will permit data on dating violence 455
cases to be compiled. Such report must include: 456
(a) A description of physical injuries observe d, if any. 457
(b) If a law enforcement officer decides not to make an 458
arrest or decides to arrest two or more parties, the grounds for 459
not arresting anyone or for arresting two or more parties. 460
(c) A statement which indicates that a copy of the legal 461
rights and remedies notice was given to the victim. 462
463
Whenever possible, the law enforcement officer shall obtain a 464
written statement from the victim and witnesses concerning the 465
alleged dating violence. The officer shall submit the report to 466
the supervisor or other person to whom the employer's rules or 467
policies require reports of similar allegations of criminal 468
activity to be made. The law enforcement agency shall, without 469
charge, send a copy of the initial police report, as well as any 470
subsequent, supplementa l, or related report, which excludes 471
victim or witness statements or other materials that are part of 472
an active criminal investigation and are exempt from disclosure 473
under chapter 119, to the nearest locally certified domestic 474
violence center within 24 hou rs after the agency's receipt of 475
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the report. The report furnished to the domestic violence center 476
must include a narrative description of the dating violence 477
incident. 478
(13) Whenever a law enforcement officer determines upon 479
probable cause that an act of dating violence has been committed 480
within the jurisdiction, or that a person has violated a 481
condition of pretrial release as provided in s. 903.047 and the 482
original arrest was for an act of dating violence, the officer 483
may arrest the person or persons susp ected of its commission and 484
charge such person or persons with the appropriate crime. The 485
decision to arrest and charge does shall not require consent of 486
the victim or consideration of the relationship of the parties. 487
(14)(a) When complaints are received from two or more 488
parties, the officers shall evaluate each complaint separately 489
to determine whether there is probable cause for arrest. 490
(b) If a law enforcement officer has probable cause to 491
believe that two or more persons have committed a misdemeanor or 492
felony, or if two or more persons make complaints to the 493
officer, the officer must shall try to determine who was the 494
primary aggressor. Arrest is the preferred response only with 495
respect to the primary aggressor and not the preferred response 496
with respect to a person who acts in a reasonable manner to 497
protect or defend himself or herself or another family or 498
household member from dating violence. 499
(15) A person who willfully violates a condition of 500
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pretrial release provided in s. 903.047, when the ori ginal 501
arrest was for an act of dating violence as defined in this 502
section, commits a misdemeanor of the first degree, punishable 503
as provided in s. 775.082 or s. 775.083, and shall be held in 504
custody until his or her first appearance. 505
(16) A law enforcement officer acting in good faith under 506
this section and the officer's employing agency shall be immune 507
from all liability, civil or criminal, that might otherwise be 508
incurred or imposed by reason of the officer's or agency's 509
actions in carrying out the provisions of this section. 510
Section 2. Paragraph (a) of subsection (5) of section 511
44.407, Florida Statutes, is amended to read: 512
44.407 Elder-focused dispute resolution process. — 513
(5) QUALIFICATIONS FOR ELDERCARING COORDINATORS. — 514
(a) The court shall appoint qualified eldercaring 515
coordinators who: 516
1. Meet one of the following professional requirements: 517
a. Are licensed as a mental health professional under 518
chapter 491 and hold at least a master's degree in the 519
professional field of practice; 520
b. Are licensed as a psychologist under chapter 490; 521
c. Are licensed as a physician under chapter 458 or 522
chapter 459; 523
d. Are licensed as a nurse under chapter 464 and hold at 524
least a master's degree; 525
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e. Are certified by the Florida Supreme Court as a family 526
mediator and hold at least a master's degree; 527
f. Are a member in good standing of The Florida Bar; or 528
g. Are a professional guardian as defined in s. 529
744.102(17) and hold at least a master's degree. 530
2. Have completed all of the following: 531
a. Three years of postlicensure or postcertification 532
practice; 533
b. A family mediation training program certified by the 534
Florida Supreme Court; and 535
c. An eldercaring coordinator training program certified 536
by the Florida Supreme Court. The training must total at least 537
44 hours and must include advanced tactics for dispute 538
resolution of issues related to aging, illness, incapacity, or 539
other vulnerabilities associated with elders, as well as elder, 540
guardianship, and incapacity law and procedures and less 541
restrictive alternatives to guardianship; phases of eldercaring 542
coordination and the role and functions of an eldercaring 543
coordinator; the elder's role within eldercaring coordination; 544
family dynamics related to eldercaring coordination; eldercaring 545
coordination skills and techniques; multicultural competence and 546
its use in eldercaring coordination; at least 6 hours of the 547
implications of elder abuse, neglect, and exploitation and other 548
safety issues pertinent to the training; at least 4 hours of 549
ethical considerations pertaining to the training; use of 550
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technology within eldercaring coordination; and court -specific 551
eldercaring coordination procedures. Pending certification of a 552
training program by the Florida Supreme Court, the eldercaring 553
coordinator must doc ument completion of training that satisfies 554
the hours and the elements prescribed in this sub -subparagraph. 555
3. Have successfully passed a Level 2 background screening 556
as provided in s. 435.04(2) and (3) or are exempt from 557
disqualification under s. 435.07 . The prospective eldercaring 558
coordinator must submit a full set of fingerprints to the court 559
or to a vendor, entity, or agency authorized by s. 943.053(13). 560
The court, vendor, entity, or agency shall forward the 561
fingerprints to the Department of Law Enfor cement for state 562
processing, and the Department of Law Enforcement shall forward 563
the fingerprints to the Federal Bureau of Investigation for 564
national processing. The prospective eldercaring coordinator 565
shall pay the fees for state and federal fingerprint p rocessing. 566
The state cost for fingerprint processing shall be as provided 567
in s. 943.053(3)(e) for records provided to persons or entities 568
other than those specified as exceptions therein. 569
4. Have not been a respondent in a final order granting an 570
injunction for protection against domestic, dating, sexual, or 571
repeat or serious violence or stalking or exploitation of an 572
elder or a disabled person. 573
5. Have met any additional qualifications the court may 574
require to address issues specific to the parties. 575
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Section 3. Paragraph (a) of subsection (3) of section 576
61.1825, Florida Statutes, is amended to read: 577
61.1825 State Case Registry. — 578
(3)(a) For the purpose of this section, a family violence 579
indicator must be placed on a record when: 580
1. A party executes a sworn statement requesting that a 581
family violence indicator be placed on that party's record which 582
states that the party has reason to believe that release of 583
information to the Federal Case Registry may result in physical 584
or emotional harm to the pa rty or the child; or 585
2. A temporary or final injunction for protection against 586
domestic violence has been granted pursuant to s. 741.30(6), an 587
injunction for protection against domestic violence has been 588
issued by a court of a foreign state pursuant to s . 741.315, or 589
a temporary or final injunction for protection against repeat or 590
serious violence has been granted pursuant to s. 784.046; or 591
3. The department has received information on a Title IV -D 592
case from the Domestic, Dating, Sexual, and Repeat or Serious 593
Violence Injunction Statewide Verification System, established 594
pursuant to s. 784.046(8)(b), that a court has granted a party a 595
domestic violence or repeat or serious violence injunction. 596
Section 4. Paragraph (k) of subsection (1) of section 597
119.0714, Florida Statutes, is amended to read: 598
119.0714 Court files; court records; official records. — 599
(1) COURT FILES.—Nothing in this chapter shall be 600
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construed to exempt from s. 119.07(1) a public record that was 601
made a part of a court file and that is not specifically closed 602
by order of court, except: 603
(k)1. A petition, and the contents thereof, for an 604
injunction for protection against domestic violence, repeat or 605
serious violence, dating violence, sexual violence, stalking, or 606
cyberstalking that is dismissed without a hearing, dismissed at 607
an ex parte hearing due to failure to state a claim or lack of 608
jurisdiction, or dismissed for any reason having to do with the 609
sufficiency of the petition itself without an injunction being 610
issued on or after July 1, 2017, is exempt from s. 119.07(1) and 611
s. 24(a), Art. I of the State Constitution. 612
2. A petition, and the contents thereof, for an injunction 613
for protection against domesti c violence, repeat or serious 614
violence, dating violence, sexual violence, stalking, or 615
cyberstalking that is dismissed without a hearing, dismissed at 616
an ex parte hearing due to failure to state a claim or lack of 617
jurisdiction, or dismissed for any reason having to do with the 618
sufficiency of the petition itself without an injunction being 619
issued before July 1, 2017, is exempt from s. 119.07(1) and s. 620
24(a), Art. I of the State Constitution only upon request by an 621
individual named in the petition as a respon dent. The request 622
must be in the form of a signed, legibly written request 623
specifying the case name, case number, document heading, and 624
page number. The request must be delivered by mail, facsimile, 625
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or electronic transmission or in person to the clerk of t he 626
court. A fee may not be charged for such request. 627
3. Any information that can be used to identify a 628
petitioner or respondent in a petition for an injunction against 629
domestic violence, repeat or serious violence, dating violence, 630
sexual violence, stalk ing, or cyberstalking, and any affidavits, 631
notice of hearing, and temporary injunction, is confidential and 632
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 633
Constitution until the respondent has been personally served 634
with a copy of the petition for injunction, affidavits, notice 635
of hearing, and temporary injunction. 636
Section 5. Paragraph (e) of subsection (2) of section 637
394.4597, Florida Statutes, is amended to read: 638
394.4597 Persons to be notified; patient's 639
representative.— 640
(2) INVOLUNTARY PATIENTS.— 641
(e) The following persons are prohibited from selection as 642
a patient's representative: 643
1. A professional providing clinical services to the 644
patient under this part. 645
2. The licensed professional who initiated the involuntary 646
examination of the patient, if the examination was initiated by 647
professional certificate. 648
3. An employee, an administrator, or a board member of the 649
facility providing the examination of the patient. 650
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4. An employee, an administrator, or a board member of a 651
treatment facility providing treatment for the patient. 652
5. A person providing any substantial professional 653
services to the patient, including clinical services. 654
6. A creditor of the patient. 655
7. A person subject to an injunction for protection 656
against domestic violence under s. 741.30, whether the order of 657
injunction is temporary or final, and for which the patient was 658
the petitioner. 659
8. A person subject to an injunction for protection 660
against repeat or serious violence, stalking, sexual violence, 661
or dating violence under s. 784.046, whether the order of 662
injunction is temporary or final, and for which the patient was 663
the petitioner. 664
Section 6. Paragraph (h) of subsection (2) of section 665
394.4598, Florida Statutes, is amended to read: 666
394.4598 Guardian a dvocate.— 667
(2) The following persons are prohibited from appointment 668
as a patient's guardian advocate: 669
(h) A person subject to an injunction for protection 670
against repeat or serious violence, stalking, sexual violence, 671
or dating violence under s. 784.04 6, whether the order of 672
injunction is temporary or final, and for which the patient was 673
the petitioner. 674
Section 7. Subsection (3) of section 741.2901, Florida 675
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Statutes, is amended to read: 676
741.2901 Domestic violence cases; prosecutors; legislative 677
intent; investigation; duty of circuits; first appearance. — 678
(3) Prior to a defendant's first appearance in any charge 679
of domestic violence as defined in s. 741.28, the State 680
Attorney's Office shall perform a thorough investigation of the 681
defendant's history, including, but not limited to: prior 682
arrests for domestic violence, prior arrests for nondomestic 683
charges, prior injunctions for protection against domestic and 684
repeat or serious violence filed listing the defendant as 685
respondent and noting history of o ther victims, and prior walk -686
in domestic complaints filed against the defendant. This 687
information shall be presented at first appearance, when setting 688
bond, and when passing sentence, for consideration by the court. 689
When a defendant is arrested for an act of domestic violence, 690
the defendant shall be held in custody until brought before the 691
court for admittance to bail in accordance with chapter 903. In 692
determining bail, the court shall consider the safety of the 693
victim, the victim's children, and any other person who may be 694
in danger if the defendant is released. 695
Section 8. Paragraph (c) of subsection (2) and paragraph 696
(b) of subsection (8) of section 741.30, Florida Statutes, are 697
amended to read: 698
741.30 Domestic violence; injunction; powers and duties of 699
court and clerk; petition; notice and hearing; temporary 700
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injunction; issuance of injunction; statewide verification 701
system; enforcement; public records exemption. — 702
(2) 703
(c)1. The clerk of the court shall assist petitioners in 704
seeking both injunctions for protection against domestic 705
violence and enforcement for a violation thereof as specified in 706
this section. 707
2. All clerks' offices shall provide simplified petition 708
forms for the injunction, any modifications, and the enforcement 709
thereof, including i nstructions for completion. 710
3. The clerk of the court shall advise petitioners of the 711
opportunity to apply for a certificate of indigence in lieu of 712
prepayment for the cost of the filing fee, as provided in 713
paragraph (a). 714
4. The clerk of the court shal l ensure the petitioner's 715
privacy to the extent practical while completing the forms for 716
injunctions for protection against domestic violence. 717
5. The clerk of the court shall provide petitioners with a 718
minimum of two certified copies of the order of injunction, one 719
of which is serviceable and will inform the petitioner of the 720
process for service and enforcement. 721
6. Clerks of court and appropriate staff in each county 722
shall receive training in the effective assistance of 723
petitioners as provided or ap proved by the Florida Association 724
of Court Clerks. 725
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7. The clerk of the court in each county shall make 726
available informational brochures on domestic violence when such 727
brochures are provided by local certified domestic violence 728
centers. 729
8. The clerk of the court in each county shall distribute 730
a statewide uniform informational brochure to petitioners at the 731
time of filing for an injunction for protection against domestic 732
or repeat or serious violence when such brochures become 733
available. The brochure mu st include information about the 734
effect of giving the court false information about domestic 735
violence. 736
(8) 737
(b) A Domestic and Repeat or Serious Violence Injunction 738
Statewide Verification System is created within the Department 739
of Law Enforcement. The de partment shall establish, implement, 740
and maintain a statewide communication system capable of 741
electronically transmitting information to and between criminal 742
justice agencies relating to domestic violence injunctions and 743
repeat or serious violence injunctions issued by the courts 744
throughout the state. Such information must include, but is not 745
limited to, information as to the existence and status of any 746
injunction for verification purposes. 747
Section 9. Paragraph (b) of subsection (2) of section 748
741.313, Florida Statutes, is amended to read: 749
741.313 Unlawful action against employees seeking 750
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protection.— 751
(2) 752
(b) This section applies if an employee uses the leave 753
from work to: 754
1. Seek an injunction for protection against domestic 755
violence or an injunc tion for protection in cases of repeat or 756
serious violence, dating violence, or sexual violence; 757
2. Obtain medical care or mental health counseling, or 758
both, for the employee or a family or household member to 759
address physical or psychological injuries r esulting from the 760
act of domestic violence or sexual violence; 761
3. Obtain services from a victim services organization, 762
including, but not limited to, a domestic violence shelter or 763
program or a rape crisis center as a result of the act of 764
domestic violence or sexual violence; 765
4. Make the employee's home secure from the perpetrator of 766
the domestic violence or sexual violence or to seek new housing 767
to escape the perpetrator; or 768
5. Seek legal assistance in addressing issues arising from 769
the act of domestic violence or sexual violence or to attend and 770
prepare for court-related proceedings arising from the act of 771
domestic violence or sexual violence. 772
Section 10. Subsection (1) of section 784.047, Florida 773
Statutes, is amended to read: 774
784.047 Penalties for violating protective injunction 775
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against violators.— 776
(1) A person who willfully violates an injunction for 777
protection against repeat or serious violence, sexual violence, 778
or dating violence, issued pursuant to s. 784.046, or a foreign 779
protection order accorded full faith and credit pursuant to s. 780
741.315 by: 781
(a) Refusing to vacate the dwelling that the parties 782
share; 783
(b) Going to, or being within 500 feet of, the 784
petitioner's residence, school, place of employment, or a 785
specified place frequented regularly by the petitioner and any 786
named family or household member; 787
(c) Committing an act of repeat or serious violence, 788
sexual violence, or dating violence against the petitioner; 789
(d) Committing any other violation of the injunction 790
through an intentional unlawful threat, word, or act to do 791
violence to the petitioner; 792
(e) Telephoning, contacting, or otherwise communicating 793
with the petitioner directly or indirectly, unless the 794
injunction specifically allows indirect contact through a third 795
party; 796
(f) Knowingly and intentionally coming within 100 feet of 797
the petitioner's motor vehicle, whether or not that vehicle is 798
occupied; 799
(g) Defacing or destroying the petitioner's personal 800
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property, including the petitioner's motor vehicle; or 801
(h) Refusing to surrender firearms or ammunition if 802
ordered to do so by the court, 803
804
commits a misdemeanor of the first degree, punishable as 805
provided in s. 775.082 or s. 775.083, except as provided in 806
subsection (2). 807
Section 11. Subsection (4) of section 784.048, Florida 808
Statutes, is amended to read: 809
784.048 Stalking; definitions; penalties. — 810
(4) A person who, after an injunction for protection 811
against repeat or serious violence, sexual violence, or dating 812
violence pursuant to s. 784.046, or an injunction for protection 813
against domestic violence pursuant to s. 741.30, or after any 814
other court-imposed prohibition of conduct toward the subject 815
person or that person's prope rty, knowingly, willfully, 816
maliciously, and repeatedly follows, harasses, or cyberstalks 817
another person commits the offense of aggravated stalking, a 818
felony of the third degree, punishable as provided in s. 819
775.082, s. 775.083, or s. 775.084. 820
Section 12. Subsections (2) and (3) of section 790.06, 821
Florida Statutes, are amended to read: 822
790.06 License to carry concealed weapon or concealed 823
firearm.— 824
(2) The Department of Agriculture and Consumer Services 825
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shall issue a license if the applicant: 826
(a) Is a resident of the United States and a citizen of 827
the United States or a permanent resident alien of the United 828
States, as determined by the United States Bureau of Citizenship 829
and Immigration Services, or is a consular security official of 830
a foreign government that maintains diplomatic relations and 831
treaties of commerce, friendship, and navigation with the United 832
States and is certified as such by the foreign government and by 833
the appropriate embassy in this country; 834
(b) Is 21 years of age or older; 835
(c) Does not suffer from a physical infirmity which 836
prevents the safe handling of a weapon or firearm; 837
(d) Is not ineligible to possess a firearm pursuant to s. 838
790.23 by virtue of having been convicted of a felony; 839
(e) Has not been: 840
1. Found guilty of a crime under the provisions of chapter 841
893 or similar laws of any other state relating to controlled 842
substances within a 3 -year period immediately preceding the date 843
on which the application is submitted; or 844
2. Committed for the abuse of a controlled substance under 845
chapter 397 or under the provisions of former chapter 396 or 846
similar laws of any other state. An applicant who has been 847
granted relief from firearms disabilities pursuant to s. 848
790.065(2)(a)4.d. or pursuant to the law of the state in which 849
the commitment occurred is deemed not to be committed for the 850
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abuse of a controlled substance under this subparagraph; 851
(f) Does not chronically and habitually use alcoholic 852
beverages or other substances to the extent that his or her 853
normal faculties are impaired. It shall be presumed that an 854
applicant chronically and habitually uses alcoholic beverages or 855
other substances to the extent that his or her normal faculties 856
are impaired if the applicant has been convicted under s. 857
790.151 or has been deemed a h abitual offender under s. 858
856.011(3), or has had two or more convictions under s. 316.193 859
or similar laws of any other state, within the 3 -year period 860
immediately preceding the date on which the application is 861
submitted; 862
(g) Desires a legal means to carr y a concealed weapon or 863
concealed firearm for lawful self -defense; 864
(h) Demonstrates competence with a firearm by any one of 865
the following: 866
1. Completion of any hunter education or hunter safety 867
course approved by the Fish and Wildlife Conservation Comm ission 868
or a similar agency of another state; 869
2. Completion of any National Rifle Association firearms 870
safety or training course; 871
3. Completion of any firearms safety or training course or 872
class available to the general public offered by a law 873
enforcement agency, junior college, college, or private or 874
public institution or organization or firearms training school, 875
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using instructors certified by the National Rifle Association, 876
Criminal Justice Standards and Training Commission, or the 877
Department of Agricu lture and Consumer Services; 878
4. Completion of any law enforcement firearms safety or 879
training course or class offered for security guards, 880
investigators, special deputies, or any division or subdivision 881
of a law enforcement agency or security enforcement ; 882
5. Presents evidence of equivalent experience with a 883
firearm through participation in organized shooting competition 884
or military service; 885
6. Is licensed or has been licensed to carry a concealed 886
weapon or concealed firearm in this state or a county o r 887
municipality of this state, unless such license has been revoked 888
for cause; or 889
7. Completion of any firearms training or safety course or 890
class conducted by a state -certified or National Rifle 891
Association certified firearms instructor; 892
893
A photocopy of a certificate of completion of any of the courses 894
or classes; an affidavit from the instructor, school, club, 895
organization, or group that conducted or taught such course or 896
class attesting to the completion of the course or class by the 897
applicant; or a copy of any document that shows completion of 898
the course or class or evidences participation in firearms 899
competition shall constitute evidence of qualification under 900
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this paragraph. A person who conducts a course pursuant to 901
subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 902
an instructor, attests to the completion of such courses, must 903
maintain records certifying that he or she observed the student 904
safely handle and discharge the firearm in his or her physical 905
presence and that the discharge of the firearm included live 906
fire using a firearm and ammunition as defined in s. 790.001; 907
(i) Has not been adjudicated an incapacitated person under 908
s. 744.331, or similar laws of any other state. An applicant who 909
has been granted relief from firearms disa bilities pursuant to 910
s. 790.065(2)(a)4.d. or pursuant to the law of the state in 911
which the adjudication occurred is deemed not to have been 912
adjudicated an incapacitated person under this paragraph; 913
(j) Has not been committed to a mental institution under 914
chapter 394, or similar laws of any other state. An applicant 915
who has been granted relief from firearms disabilities pursuant 916
to s. 790.065(2)(a)4.d. or pursuant to the law of the state in 917
which the commitment occurred is deemed not to have been 918
committed in a mental institution under this paragraph; 919
(k) Has not had adjudication of guilt withheld or 920
imposition of sentence suspended on any felony unless 3 years 921
have elapsed since probation or any other conditions set by the 922
court have been fulfilled, or e xpunction has occurred; 923
(l) Has not had adjudication of guilt withheld or 924
imposition of sentence suspended on any misdemeanor crime of 925
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domestic violence unless 3 years have elapsed since probation or 926
any other conditions set by the court have been fulfil led, or 927
the record has been expunged; 928
(m) Has not been issued an injunction that is currently in 929
force and effect and that restrains the applicant from 930
committing acts of domestic violence or acts of repeat or 931
serious violence; and 932
(n) Is not prohibited from purchasing or possessing a 933
firearm by any other provision of Florida or federal law. 934
(3) The Department of Agriculture and Consumer Services 935
shall deny a license if the applicant has been found guilty of, 936
had adjudication of guilt withhel d for, or had imposition of 937
sentence suspended for one or more crimes of violence 938
constituting a misdemeanor, unless 3 years have elapsed since 939
probation or any other conditions set by the court have been 940
fulfilled or the record has been sealed or expunged . The 941
Department of Agriculture and Consumer Services shall revoke a 942
license if the licensee has been found guilty of, had 943
adjudication of guilt withheld for, or had imposition of 944
sentence suspended for one or more crimes of violence within the 945
preceding 3 years. The department shall, upon notification by a 946
law enforcement agency, a court, or the Florida Department of 947
Law Enforcement and subsequent written verification, suspend a 948
license or the processing of an application for a license if the 949
licensee or applicant is arrested or formally charged with a 950
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crime that would disqualify such person from having a license 951
under this section, until final disposition of the case. The 952
department shall suspend a license or the processing of an 953
application for a license if the licensee or applicant is issued 954
an injunction that restrains the licensee or applicant from 955
committing acts of domestic violence or acts of repeat or 956
serious violence. 957
Section 13. Paragraph (c) of subsection (2) of section 958
790.065, Florida Statu tes, is amended to read: 959
790.065 Sale and delivery of firearms. — 960
(2) Upon receipt of a request for a criminal history 961
record check, the Department of Law Enforcement shall, during 962
the licensee's call or by return call, forthwith: 963
(c)1. Review any rec ords available to it to determine 964
whether the potential buyer or transferee has been indicted or 965
has had an information filed against her or him for an offense 966
that is a felony under either state or federal law, or, as 967
mandated by federal law, has had an i njunction for protection 968
against domestic violence entered against the potential buyer or 969
transferee under s. 741.30, has had an injunction for protection 970
against repeat or serious violence entered against the potential 971
buyer or transferee under s. 784.046 , or has been arrested for a 972
dangerous crime as specified in s. 907.041(5)(a) or for any of 973
the following enumerated offenses: 974
a. Criminal anarchy under ss. 876.01 and 876.02. 975
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b. Extortion under s. 836.05. 976
c. Explosives violations under s. 552.22(1) and (2). 977
d. Controlled substances violations under chapter 893. 978
e. Resisting an officer with violence under s. 843.01. 979
f. Weapons and firearms violations under this chapter. 980
g. Treason under s. 876.32. 981
h. Assisting self-murder under s. 782.08. 982
i. Sabotage under s. 876.38. 983
j. Stalking or aggravated stalking under s. 784.048. 984
985
If the review indicates any such indictment, information, or 986
arrest, the department must shall provide to the licensee a 987
conditional nonapproval number. 988
2. Within 24 working hours, the department shall determine 989
the disposition of the indictment, information, or arrest and 990
inform the licensee as to whether the potential buyer is 991
prohibited from receiving or possessing a firearm. For purposes 992
of this paragraph, "working ho urs" means the hours from 8 a.m. 993
to 5 p.m. Monday through Friday, excluding legal holidays. 994
3. The office of the clerk of court, at no charge to the 995
department, shall respond to any department request for data on 996
the disposition of the indictment, inform ation, or arrest as 997
soon as possible, but in no event later than 8 working hours. 998
4. The department shall determine as quickly as possible 999
within the allotted time period whether the potential buyer is 1000
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prohibited from receiving or possessing a firearm. 1001
5. If the potential buyer is not so prohibited, or if the 1002
department cannot determine the disposition information within 1003
the allotted time period, the department must shall provide the 1004
licensee with a conditional approval number. 1005
6. If the buyer is so p rohibited, the conditional 1006
nonapproval number must shall become a nonapproval number. 1007
7. The department shall continue its attempts to obtain 1008
the disposition information and may retain a record of all 1009
approval numbers granted without sufficient dispositi on 1010
information. If the department later obtains disposition 1011
information which indicates: 1012
a. That the potential buyer is not prohibited from owning 1013
a firearm, it must shall treat the record of the transaction in 1014
accordance with this section; or 1015
b. That the potential buyer is prohibited from owning a 1016
firearm, it must shall immediately revoke the conditional 1017
approval number and notify local law enforcement. 1018
8. During the time that disposition of the indictment, 1019
information, or arrest is pending and until the department is 1020
notified by the potential buyer that there has been a final 1021
disposition of the indictment, information, or arrest, the 1022
conditional nonapproval number must shall remain in effect. 1023
Section 14. Paragraph (m) of subsection (2) of section 1024
934.03, Florida Statutes, is amended to read: 1025
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934.03 Interception and disclosure of wire, oral, or 1026
electronic communications prohibited. — 1027
(2) 1028
(m) It is lawful under this section and ss. 934.04 -934.09 1029
for a person who is protected under an active temporary or final 1030
injunction for repeat or serious violence, sexual violence, or 1031
dating violence under s. 784.046; stalking under s. 784.0485; 1032
domestic violence under s. 741.30; or any other court -imposed 1033
prohibition of conduct toward the person to intercept and record 1034
a wire, oral, or electronic communication received in violation 1035
of such injunction or court order. A recording authorized under 1036
this paragraph may be provided to a law enforcement agency, an 1037
attorney, or a court for the purpose of evidencing a violation 1038
of an injunction or court order if the subject of the injunction 1039
or court order prohibiting contact has been served the 1040
injunction or is on notice that the conduct is prohibited. A 1041
recording authorized under this paragraph may not be otherwise 1042
disseminated or shared. 1043
Section 15. Paragraph (e) of subsection (2) of section 1044
943.05, Florida Statutes, is amended to read: 1045
943.05 Criminal Jus tice Information Program; duties; crime 1046
reports.— 1047
(2) The program shall: 1048
(e) Establish, implement, and maintain a Domestic and 1049
Repeat or Serious Violence Injunction Statewide Verification 1050
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System capable of electronically transmitting information to and 1051
between criminal justice agencies relating to domestic violence 1052
injunctions, injunctions to prevent child abuse issued under 1053
chapter 39, and repeat or serious violence injunctions issued by 1054
the courts throughout the state. Such information must include, 1055
but is not limited to, information as to the existence and 1056
status of any such injunction for verification purposes. 1057
Section 16. For the purpose of incorporating the amendment 1058
made by this act to section 784.046, Florida Statutes, in 1059
references thereto, paragraphs (a), (c), and (d) of subsection 1060
(8) of section 28.2221, Florida Statutes, are reenacted to read: 1061
28.2221 Electronic access to official records. — 1062
(8)(a) Each county recorder or clerk of the court must 1063
make the identity of each respondent agai nst whom a final 1064
judgment for an injunction for the protection of a minor under 1065
s. 741.30, s. 784.046, or s. 784.0485 is entered, as well as the 1066
fact that a final judgment for an injunction for the protection 1067
of a minor under s. 741.30, s. 784.046, or s. 7 84.0485 has been 1068
entered against that respondent, publicly available on the 1069
county recorder's or clerk of the court's official website, 1070
unless the respondent is a minor. The identity and information 1071
required under this subsection must be viewable through a 1072
searchable database that is available in a clear and conspicuous 1073
location on the homepage of the county recorder's or clerk of 1074
the court's official website and must be available for search by 1075
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the general public. 1076
(c) Any information specified in this sub section not made 1077
available by the county clerk of the court as provided in this 1078
subsection before July 1, 2024, must be made publicly available 1079
on the county recorder's or clerk of the court's official 1080
website if the affected party identifies the informati on and 1081
requests that such information be added for general public 1082
display. Such request must be in writing and delivered by mail, 1083
facsimile, or electronic transmission or in person to the county 1084
recorder or clerk of the court. The request must specify the 1085
case number assigned to the final judgment for an injunction for 1086
the protection of a minor under s. 741.30, s. 784.046, or s. 1087
784.0485. A fee may not be charged for the addition of 1088
information pursuant to such request. 1089
(d) No later than 30 days after Jul y 1, 2024, notice of 1090
the right of any affected party to request the addition of 1091
information to the searchable database on the county recorder's 1092
or clerk of the court's official website pursuant to this 1093
subsection must be conspicuously and clearly displayed by the 1094
county recorder or clerk of the court on the county recorder's 1095
or clerk of the court's official website on which images or 1096
copies of the county's public records are placed and in the 1097
office of each county recorder or clerk of the court. Such 1098
notice must contain appropriate instructions for making the 1099
addition of information request in person, by mail, by 1100
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facsimile, or by electronic transmission. The notice must state, 1101
in substantially similar form, that any person has a right to 1102
request that a count y recorder or clerk of the court add 1103
information to the searchable database on the county recorder's 1104
or clerk of the court's official website if that information 1105
involves the identity of a respondent against whom a final 1106
judgment for an injunction for the protection of a minor under 1107
s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the 1108
respondent is a minor. The notice must also state that the 1109
information related to the identity of each respondent against 1110
whom a final judgment for an injunction for t he protection of a 1111
minor under s. 741.30, s. 784.046, or s. 784.0485 is entered is 1112
available for search by the general public. The notice must 1113
include step-by-step instructions detailing how a user can 1114
access the searchable database and search for such inf ormation. 1115
Such request must be made in writing and delivered by mail, 1116
facsimile, or electronic transmission or in person to the county 1117
recorder or clerk of the court. The request must specify the 1118
case number assigned to the final judgment for an injunction for 1119
the protection of a minor under s. 741.30, s. 784.046, or s. 1120
784.0485. A fee may not be charged for the addition of a 1121
document pursuant to such request. 1122
Section 17. For the purpose of incorporating the amendment 1123
made by this act to section 784.046 , Florida Statutes, in a 1124
reference thereto, subsection (1) of section 61.1827, Florida 1125
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Statutes, is reenacted to read: 1126
61.1827 Identifying information concerning applicants for 1127
and recipients of child support services. — 1128
(1) Any information that reveals the identity of 1129
applicants for or recipients of child support services, 1130
including the name, address, and telephone number of such 1131
persons, held by a non -Title IV-D county child support 1132
enforcement agency is confidential and exempt from s. 119.07(1) 1133
and s. 24(a), Art. I of the State Constitution. The use or 1134
disclosure of such information by the non -Title IV-D county 1135
child support enforcement agency is limited to the purposes 1136
directly connected with: 1137
(a) Any investigation, prosecution, or criminal or civil 1138
proceeding connected with the administration of any non -Title 1139
IV-D county child support enforcement program; 1140
(b) Mandatory disclosure of identifying and location 1141
information as provided in s. 61.13(7) by the non -Title IV-D 1142
county child support enforceme nt agency when providing non -Title 1143
IV-D services; 1144
(c) Mandatory disclosure of information as required by ss. 1145
409.2577, 61.181, 61.1825, and 61.1826 and Title IV -D of the 1146
Social Security Act; or 1147
(d) Disclosure to an authorized person, as defined in 45 1148
C.F.R. s. 303.15, for purposes of enforcing any state or federal 1149
law with respect to the unlawful taking or restraint of a child 1150
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or making or enforcing a parenting plan. As used in this 1151
paragraph, the term "authorized person" includes a parent with 1152
whom the child does not currently reside, unless a court has 1153
entered an order under s. 741.30, s. 741.31, or s. 784.046. 1154
Section 18. For the purpose of incorporating the amendment 1155
made by this act to section 784.046, Florida Statutes, in a 1156
reference thereto, s ubsection (2) of section 741.311, Florida 1157
Statutes, is reenacted to read: 1158
741.311 Hope Card Program for persons issued orders of 1159
protection.— 1160
(2) Beginning October 1, 2024, a person who has been 1161
issued a final judgment on injunction for protection unde r s. 1162
741.30, s. 784.046, s. 784.0485, or s. 825.1035 may request a 1163
Hope Card from the clerk of the court of the circuit in which 1164
the order for an injunction for protection was entered. A person 1165
may request a Hope Card at the time the final judgment on 1166
injunction for protection is issued or at any other time before 1167
the expiration of the order for protection. 1168
Section 19. For the purpose of incorporating the amendment 1169
made by this act to section 784.046, Florida Statutes, in a 1170
reference thereto, subsection (2) of section 741.315, Florida 1171
Statutes, is reenacted to read: 1172
741.315 Recognition of foreign protection orders. — 1173
(2) Pursuant to 18 U.S.C. s. 2265, an injunction for 1174
protection against domestic violence issued by a court of a 1175
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foreign state must be a ccorded full faith and credit by the 1176
courts of this state and enforced by a law enforcement agency as 1177
if it were the order of a Florida court issued under s. 741.30, 1178
s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487, 1179
and provided that the cour t had jurisdiction over the parties 1180
and the matter and that reasonable notice and opportunity to be 1181
heard was given to the person against whom the order is sought 1182
sufficient to protect that person's right to due process. Ex 1183
parte foreign injunctions for pr otection are not eligible for 1184
enforcement under this section unless notice and opportunity to 1185
be heard have been provided within the time required by the 1186
foreign state or tribal law, and in any event within a 1187
reasonable time after the order is issued, suff icient to protect 1188
the respondent's due process rights. 1189
Section 20. For the purpose of incorporating the amendment 1190
made by this act to section 784.046, Florida Statutes, in 1191
references thereto, paragraph (e) of subsection (2) and 1192
paragraph (c) of subsect ion (3) of section 790.401, Florida 1193
Statutes, are reenacted to read: 1194
790.401 Risk protection orders. — 1195
(2) PETITION FOR A RISK PROTECTION ORDER. —There is created 1196
an action known as a petition for a risk protection order. 1197
(e) A petition must: 1198
1. Allege that the respondent poses a significant danger 1199
of causing personal injury to himself or herself or others by 1200
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having a firearm or any ammunition in his or her custody or 1201
control or by purchasing, possessing, or receiving a firearm or 1202
any ammunition, and must be accompanied by an affidavit made 1203
under oath stating the specific statements, actions, or facts 1204
that give rise to a reasonable fear of significant dangerous 1205
acts by the respondent; 1206
2. Identify the quantities, types, and locations of all 1207
firearms and ammunition the petitioner believes to be in the 1208
respondent's current ownership, possession, custody, or control; 1209
and 1210
3. Identify whether there is a known existing protection 1211
order governing the respondent under s. 741.30, s. 784.046, or 1212
s. 784.0485 or under any other applicable statute. 1213
(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE. — 1214
(c) In determining whether grounds for a risk protection 1215
order exist, the court may consider any relevant evidence, 1216
including, but not limited to, any of the follow ing: 1217
1. A recent act or threat of violence by the respondent 1218
against himself or herself or others, whether or not such 1219
violence or threat of violence involves a firearm. 1220
2. An act or threat of violence by the respondent within 1221
the past 12 months, inclu ding, but not limited to, acts or 1222
threats of violence by the respondent against himself or herself 1223
or others. 1224
3. Evidence of the respondent being seriously mentally ill 1225
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or having recurring mental health issues. 1226
4. A violation by the respondent of a ris k protection 1227
order or a no contact order issued under s. 741.30, s. 784.046, 1228
or s. 784.0485. 1229
5. A previous or existing risk protection order issued 1230
against the respondent. 1231
6. A violation of a previous or existing risk protection 1232
order issued against th e respondent. 1233
7. Whether the respondent, in this state or any other 1234
state, has been convicted of, had adjudication withheld on, or 1235
pled nolo contendere to a crime that constitutes domestic 1236
violence as defined in s. 741.28. 1237
8. Whether the respondent has used, or has threatened to 1238
use, against himself or herself or others any weapons. 1239
9. The unlawful or reckless use, display, or brandishing 1240
of a firearm by the respondent. 1241
10. The recurring use of, or threat to use, physical force 1242
by the respondent aga inst another person or the respondent 1243
stalking another person. 1244
11. Whether the respondent, in this state or any other 1245
state, has been arrested for, convicted of, had adjudication 1246
withheld on, or pled nolo contendere to a crime involving 1247
violence or a threat of violence. 1248
12. Corroborated evidence of the abuse of controlled 1249
substances or alcohol by the respondent. 1250
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13. Evidence of recent acquisition of firearms or 1251
ammunition by the respondent. 1252
14. Any relevant information from family and household 1253
members concerning the respondent. 1254
15. Witness testimony, taken while the witness is under 1255
oath, relating to the matter before the court. 1256
Section 21. For the purpose of incorporating the amendment 1257
made by this act to section 784.046, Florida Statutes, in a 1258
reference thereto, subsection (6) of section 901.15, Florida 1259
Statutes, is reenacted to read: 1260
901.15 When arrest by officer without warrant is lawful. —A 1261
law enforcement officer may arrest a person without a warrant 1262
when: 1263
(6) There is probable cause t o believe that the person has 1264
committed a criminal act according to s. 790.233 or according to 1265
s. 741.31, s. 784.047, or s. 825.1036 which violates an 1266
injunction for protection entered pursuant to s. 741.30, s. 1267
784.046, or s. 825.1035 or a foreign protecti on order accorded 1268
full faith and credit pursuant to s. 741.315, over the objection 1269
of the petitioner, if necessary. 1270
Section 22. For the purpose of incorporating the amendment 1271
made by this act to section 784.046, Florida Statutes, in a 1272
reference thereto, subsection (5) of section 901.41, Florida 1273
Statutes, is reenacted to read: 1274
901.41 Prearrest diversion programs. — 1275
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(5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor 1276
crime of domestic violence, as defined in s. 741.28, or a 1277
misdemeanor under s. 741.2 9, s. 741.31, s. 784.046, s. 784.047, 1278
s. 784.048, s. 784.0487, or s. 784.049 does not qualify for a 1279
civil citation or prearrest diversion program. 1280
Section 23. For the purpose of incorporating the amendment 1281
made by this act to section 784.046, Florida S tatutes, in a 1282
reference thereto, paragraph (p) of subsection (6) of section 1283
921.141, Florida Statutes, is reenacted to read: 1284
921.141 Sentence of death or life imprisonment for capital 1285
felonies; further proceedings to determine sentence. — 1286
(6) AGGRAVATING FACTORS.—Aggravating factors shall be 1287
limited to the following: 1288
(p) The capital felony was committed by a person subject 1289
to an injunction issued pursuant to s. 741.30 or s. 784.046, or 1290
a foreign protection order accorded full faith and credit 1291
pursuant to s. 741.315, and was committed against the petitioner 1292
who obtained the injunction or protection order or any spouse, 1293
child, sibling, or parent of the petitioner. 1294
Section 24. For the purpose of incorporating the amendment 1295
made by this act to section 784.046, Florida Statutes, in a 1296
reference thereto, paragraph (j) of subsection (7) of section 1297
921.1425, Florida Statutes, is reenacted to read: 1298
921.1425 Sentence of death or lif e imprisonment for 1299
capital sexual battery; further proceedings to determine 1300
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sentence.— 1301
(7) AGGRAVATING FACTORS. —Aggravating factors shall be 1302
limited to the following: 1303
(j) The capital felony was committed by a person subject 1304
to an injunction issued purs uant to s. 741.30 or s. 784.046, or 1305
a foreign protection order accorded full faith and credit 1306
pursuant to s. 741.315, and was committed against the petitioner 1307
who obtained the injunction or protection order or any spouse, 1308
child, sibling, or parent of the p etitioner. 1309
Section 25. For the purpose of incorporating the amendment 1310
made by this act to section 784.046, Florida Statutes, in a 1311
reference thereto, subsection (3) of section 934.425, Florida 1312
Statutes, is reenacted to read: 1313
934.425 Installation or us e of tracking devices or 1314
tracking applications; exceptions; penalties. — 1315
(3) For purposes of this section, a person's consent is 1316
presumed to be revoked if: 1317
(a) The consenting person and the person to whom consent 1318
was given are lawfully married and one p erson files a petition 1319
for dissolution of marriage from the other; or 1320
(b) The consenting person or the person to whom consent 1321
was given files an injunction for protection against the other 1322
person pursuant to s. 741.30, s. 741.315, s. 784.046, or s. 1323
784.0485. 1324
Section 26. This act shall take effect July 1, 2025. 1325