Florida Senate - 2025 SB 308 By Senator Sharief 35-00488-25 2025308__ 1 A bill to be entitled 2 An act relating to injunctions for protection in cases 3 of repeat or serious violence; amending s. 784.046, 4 F.S.; replacing the term repeat violence with the 5 term repeat or serious violence; defining the term 6 repeat or serious violence; expanding the grounds 7 for an existing cause of action for an injunction of 8 protection to include serious violence in addition to 9 repeat violence; revising the name of an existing 10 cause of action to an injunction for protection in 11 cases of repeat or serious violence, rather than in 12 cases of repeat violence; conforming provisions to 13 changes made by the act; amending ss. 44.407, 61.1825, 14 119.0714, 394.4597, 394.4598, 741.2901, 741.30, 15 741.313, 784.047, 784.048, 790.06, 790.065, 934.03, 16 and 943.05, F.S.; conforming provisions to changes 17 made by the act; reenacting ss. 28.2221(8)(a), (c), 18 and (d), 61.1827(1), 741.311(2), 741.315(2), 19 790.401(2)(e) and (3)(c), 901.15(6), 901.41(5), 20 921.141(6)(p), 921.1425(7)(j), and 934.425(3), F.S., 21 relating to electronic access to official records, 22 identifying information concerning applicants for and 23 recipients of child support services, Hope Card 24 Program for persons issued orders of protection, 25 recognition of foreign protection orders, risk 26 protection orders, when arrest by a law enforcement 27 officer without a warrant is lawful, prearrest 28 diversion programs, aggravating factors relating to a 29 sentence of death or life imprisonment for capital 30 felonies, aggravating factors relating to a sentence 31 of death or life imprisonment for capital sexual 32 battery, and installation or use of tracking devices 33 or tracking applications, respectively, to incorporate 34 the amendment made to s. 784.046, F.S., in references 35 thereto; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1.Section 784.046, Florida Statutes, is amended to 40 read: 41 784.046Action by victim of repeat or serious violence, 42 sexual violence, or dating violence for protective injunction; 43 dating violence investigations, notice to victims, and 44 reporting; pretrial release violations; public records 45 exemption. 46 (1)As used in this section, the term: 47 (a)Violence means any assault, aggravated assault, 48 battery, aggravated battery, sexual assault, sexual battery, 49 stalking, aggravated stalking, kidnapping, or false 50 imprisonment, or any criminal offense resulting in physical 51 injury or death, by a person against any other person. 52 (b)Repeat or serious violence means: 53 1.Two incidents of violence or stalking committed by the 54 respondent, one of which must have been within 6 months of the 55 filing of the petition, which are directed against the 56 petitioner or the petitioners immediate family member; 57 2.One act committed by the respondent that causes bodily 58 injury to the petitioner; or 59 3.A death threat committed by the respondent against the 60 petitioner. 61 (c)Sexual violence means any one incident of: 62 1.Sexual battery, as defined in chapter 794; 63 2.A lewd or lascivious act, as defined in chapter 800, 64 committed upon or in the presence of a person younger than 16 65 years of age; 66 3.Luring or enticing a child, as described in chapter 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 who have or have had a continuing and significant relationship 76 of a romantic or intimate nature. 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 continuous 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 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 has 106 reasonable cause to believe he or she is in imminent danger of 107 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 of 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 criminal charges 124 based on the sexual violence have been filed, reduced, or 125 dismissed by the state attorney; or 126 2.The respondent who committed the sexual violence against 127 the victim or minor child was sentenced to a term of 128 imprisonment in state prison for the sexual violence and the 129 respondents 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, or 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 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 entry 154 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 is 173 a victim of repeat or serious violence, sexual violence, or 174 dating violence to form the basis upon which relief is sought, 175 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 substantially the 179 following form: 180 181 PETITION FOR INJUNCTION FOR PROTECTION 182 AGAINST REPEAT OR SERIOUS VIOLENCE, SEXUAL 183 VIOLENCE, OR DATING VIOLENCE 184 185 The undersigned petitioner ...(name)... declares under 186 penalties of perjury that the following statements are true: 187 188 1.Petitioner resides at ...(address)... (A petitioner for 189 an injunction for protection against sexual violence may furnish 190 an address to the court in a separate confidential filing if, 191 for safety reasons, the petitioner requires the location of his 192 or her current residence to be confidential pursuant to s. 193 119.071(2)(j), Florida Statutes.) 194 2.Respondent resides at ...(address).... 195 3.a.Petitioner has suffered repeat or serious violence as 196 demonstrated by the fact that the respondent has: ...(enumerate 197 incidents of violence)... 198 199 200 201 202 203 b.Petitioner has suffered sexual violence as demonstrated 204 by the fact that the respondent has: ...(enumerate incident of 205 violence and include incident report number from law enforcement 206 agency or attach notice of inmate release)... 207 208 209 210 211 212 c.Petitioner is a victim of dating violence and has 213 reasonable cause to believe that he or she is in imminent danger 214 of becoming the victim of another act of dating violence or has 215 reasonable cause to believe that he or she is in imminent danger 216 of becoming a victim of dating violence, as demonstrated by the 217 fact that the respondent has: ...(list the specific incident or 218 incidents of violence and describe the length of time of the 219 relationship, whether it has been in existence during the last 6 220 months, the nature of the relationship of a romantic or intimate 221 nature, the frequency and type of interaction, and any other 222 facts that characterize the relationship)... 223 224 225 226 227 228 4.Petitioner genuinely fears repeat or serious violence by 229 the respondent. 230 5.Petitioner seeks: an immediate injunction against the 231 respondent, enjoining him or her from committing any further 232 acts of violence; an injunction enjoining the respondent from 233 committing any further acts of violence; and an injunction 234 providing any terms the court deems necessary for the protection 235 of the petitioner and the petitioners immediate family, 236 including any injunctions or directives to law enforcement 237 agencies. 238 239 (c)Every petition for an injunction against sexual 240 violence, dating violence, or repeat or serious violence must 241 contain, directly above the signature line, a statement in all 242 capital letters and bold type not smaller than the surrounding 243 text, as follows: 244 245 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ 246 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT 247 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN 248 THIS PETITION ARE BEING MADE UNDER PENALTIES OF 249 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525, 250 FLORIDA STATUTES. 251 252 ...(initials)... 253 254 (5)Upon the filing of the petition, the court shall set a 255 hearing to be held at the earliest possible time. The respondent 256 must shall be personally served with a copy of the petition, 257 notice of hearing, and temporary injunction, if any, before 258 prior to the hearing. 259 (6)(a)When it appears to the court that an immediate and 260 present danger of violence exists, the court may grant a 261 temporary injunction which may be granted in an ex parte 262 hearing, pending a full hearing, and may grant such relief as 263 the court deems proper, including an injunction enjoining the 264 respondent from committing any acts of violence. 265 (b)Except as provided in s. 90.204, in a hearing ex parte 266 for the purpose of obtaining such temporary injunction, no 267 evidence other than the verified pleading or affidavit may shall 268 be used as evidence, unless the respondent appears at the 269 hearing or has received reasonable notice of the hearing. 270 (c)Any such ex parte temporary injunction is shall be 271 effective for a fixed period not to exceed 15 days. However, an 272 ex parte temporary injunction granted under subparagraph 273 (2)(c)2. is effective for 15 days following the date the 274 respondent is released from incarceration. A full hearing, as 275 provided by this section, must shall be set for a date no later 276 than the date when the temporary injunction ceases to be 277 effective. The court may grant a continuance of the ex parte 278 injunction and the full hearing before or during a hearing, for 279 good cause shown by any party. 280 (7)Upon notice and hearing, the court may grant such 281 relief as the court deems proper, including an injunction: 282 (a)Enjoining the respondent from committing any acts of 283 violence. 284 (b)Ordering such other relief as the court deems necessary 285 for the protection of the petitioner, including injunctions or 286 directives to law enforcement agencies, as provided in this 287 section. 288 (c)The terms of the injunction shall remain in full force 289 and effect until modified or dissolved. Either party may move at 290 any time to modify or dissolve the injunction. Such relief may 291 be granted in addition to other civil or criminal remedies. 292 (d)A temporary or final judgment on injunction for 293 protection against repeat or serious violence, sexual violence, 294 or dating violence entered pursuant to this section must shall, 295 on its face, indicate that: 296 1.The injunction is valid and enforceable in all counties 297 of the State of Florida. 298 2.Law enforcement officers may use their arrest powers 299 pursuant to s. 901.15(6) to enforce the terms of the injunction. 300 3.The court had jurisdiction over the parties and matter 301 under the laws of Florida and that reasonable notice and 302 opportunity to be heard was given to the person against whom the 303 order is sought sufficient to protect that persons right to due 304 process. 305 4.The date that the respondent was served with the 306 temporary or final order, if obtainable. 307 (8)(a)1.Within 24 hours after the court issues an 308 injunction for protection against repeat or serious violence, 309 sexual violence, or dating violence, the clerk of the court 310 shall electronically transmit a copy of the petition, notice of 311 hearing, and temporary injunction, if any, to the sheriff or a 312 law enforcement agency of the county where the respondent 313 resides or can be found, who shall serve it upon the respondent 314 as soon thereafter as possible on any day of the week and at any 315 time of the day or night. An electronic copy of an injunction 316 must be certified by the clerk of the court, and the electronic 317 copy must be served in the same manner as a certified copy. Upon 318 receiving an electronic copy of the injunction, the sheriff must 319 verify receipt with the sender before attempting to serve it 320 upon the respondent. In addition, if the sheriff is in 321 possession of an injunction for protection that has been 322 certified by the clerk of the court, the sheriff may 323 electronically transmit a copy of that injunction to a law 324 enforcement officer who shall serve it in the same manner as a 325 certified copy. The clerk of the court is responsible for 326 furnishing to the sheriff such information on the respondents 327 physical description and location as is required by the 328 department to comply with the verification procedures set forth 329 in this section. Notwithstanding any other law to the contrary, 330 the chief judge of each circuit, in consultation with the 331 appropriate sheriff, may authorize a law enforcement agency 332 within the chief judges jurisdiction to effect this type of 333 service and to receive a portion of the service fee. A person 334 may not serve or execute an injunction issued under this section 335 unless the person is a law enforcement officer as defined in 336 chapter 943. 337 2.When an injunction is issued, if the petitioner requests 338 the assistance of a law enforcement agency, the court may order 339 that an officer from the appropriate law enforcement agency 340 accompany the petitioner and assist in the execution or service 341 of the injunction. A law enforcement officer must accept a copy 342 of an injunction for protection against repeat or serious 343 violence, sexual violence, or dating violence, certified by the 344 clerk of the court, from the petitioner and immediately serve it 345 upon a respondent who has been located but not yet served. 346 (b)A Domestic, Dating, Sexual, and Repeat or Serious 347 Violence Injunction Statewide Verification System is created 348 within the Department of Law Enforcement. The department shall 349 establish, implement, and maintain a statewide communication 350 system capable of electronically transmitting information to and 351 between criminal justice agencies relating to domestic violence 352 injunctions, dating violence injunctions, sexual violence 353 injunctions, and repeat or serious violence injunctions issued 354 by the courts throughout the state. Such information must 355 include, but is not limited to, information as to the existence 356 and status of any injunction for verification purposes. 357 (c)1.Within 24 hours after the court issues an injunction 358 for protection against repeat or serious violence, sexual 359 violence, or dating violence or changes or vacates an injunction 360 for protection against repeat or serious violence, sexual 361 violence, or dating violence, the clerk of the court must 362 electronically transmit a copy of the injunction to the sheriff 363 with jurisdiction over the residence of the petitioner. 364 2.Within 24 hours after service of process of an 365 injunction for protection against repeat or serious violence, 366 sexual violence, or dating violence upon a respondent, the law 367 enforcement officer must electronically transmit the written 368 proof of service of process to the sheriff with jurisdiction 369 over the residence of the petitioner. 370 3.Within 24 hours after the sheriff receives a certified 371 copy of the injunction for protection against repeat or serious 372 violence, sexual violence, or dating violence, the sheriff must 373 make information relating to the injunction available to other 374 law enforcement agencies by electronically transmitting such 375 information to the department. 376 4.Within 24 hours after the sheriff or other law 377 enforcement officer has made service upon the respondent and the 378 sheriff has been so notified, the sheriff must make information 379 relating to the service available to other law enforcement 380 agencies by electronically transmitting such information to the 381 department. 382 5.Subject to available funding, the Florida Association of 383 Court Clerks and Comptrollers shall develop an automated process 384 by which a petitioner may request notification of service of the 385 injunction for protection against repeat or serious violence, 386 sexual violence, or dating violence and other court actions 387 related to the injunction for protection. The automated notice 388 must be made within 12 hours after the sheriff or other law 389 enforcement officer serves the injunction upon the respondent. 390 The notification must include, at a minimum, the date, time, and 391 location where the injunction for protection against repeat or 392 serious violence, sexual violence, or dating violence was 393 served. The Florida Association of Court Clerks and Comptrollers 394 may apply for any available grants to fund the development of 395 the automated process. 396 6.Within 24 hours after an injunction for protection 397 against repeat or serious violence, sexual violence, or dating 398 violence is lifted, terminated, or otherwise rendered no longer 399 effective by ruling of the court, the clerk of the court must 400 notify the sheriff or local law enforcement agency receiving 401 original notification of the injunction as provided in 402 subparagraph 2. That agency shall, within 24 hours after 403 receiving such notification from the clerk of the court, notify 404 the department of such action of the court. 405 (d)The petitioner may request a Hope Card under s. 741.311 406 after the court has issued a final order of protection. 407 (9)(a)The court shall enforce, through a civil or criminal 408 contempt proceeding, a violation of an injunction for 409 protection. The court may enforce the respondents compliance 410 with the injunction by imposing a monetary assessment. The clerk 411 of the court shall collect and receive such assessments. On a 412 monthly basis, the clerk shall transfer the moneys collected 413 pursuant to this paragraph to the State Treasury for deposit in 414 the Crimes Compensation Trust Fund established in s. 960.21. 415 (b)If the respondent is arrested by a law enforcement 416 officer under s. 901.15(6) for committing an act of repeat or 417 serious violence, sexual violence, or dating violence in 418 violation of an injunction for protection, the respondent must 419 shall be held in custody until brought before the court as 420 expeditiously as possible for the purpose of enforcing the 421 injunction and for admittance to bail in accordance with chapter 422 903 and the applicable rules of criminal procedure, pending a 423 hearing. 424 (10)The petitioner or the respondent may move the court to 425 modify or dissolve an injunction at any time. 426 (11)Any law enforcement officer who investigates an 427 alleged incident of dating violence shall assist the victim to 428 obtain medical treatment if such is required as a result of the 429 alleged incident to which the officer responds. Any law 430 enforcement officer who investigates an alleged incident of 431 dating violence shall advise the victim of such violence that 432 there is a domestic violence center from which the victim may 433 receive services. The law enforcement officer shall give the 434 victim immediate notice of the legal rights and remedies 435 available on a standard form developed and distributed by the 436 Department of Law Enforcement. As necessary, the Department of 437 Law Enforcement shall revise the Legal Rights and Remedies 438 Notice to Victims to include a general summary of this section, 439 using simple English as well as Spanish, and shall distribute 440 the notice as a model form to be used by all law enforcement 441 agencies throughout this the state. The notice must shall 442 include: 443 (a)The resource listing, including telephone number, for 444 the area domestic violence center designated by the Department 445 of Children and Families; and 446 (b)A copy of the following statement: IF YOU ARE THE 447 VICTIM OF DATING VIOLENCE, you may ask the state attorney to 448 file a criminal complaint. You also have the right to go to 449 court and file a petition requesting an injunction for 450 protection from dating violence which may include, but need not 451 be limited to, provisions that restrain the abuser from further 452 acts of abuse; direct the abuser to leave your household; and 453 prevent the abuser from entering your residence, school, 454 business, or place of employment. 455 (12)When a law enforcement officer investigates an 456 allegation that an incident of dating violence has occurred, the 457 officer shall handle the incident pursuant to the arrest policy 458 provided in s. 901.15(7), and as developed in accordance with 459 subsections (13), (14), and (16). Whether or not an arrest is 460 made, the officer shall make a written police report that is 461 complete and clearly indicates that the alleged offense was an 462 incident of dating violence. Such report must shall be given to 463 the officers supervisor and filed with the law enforcement 464 agency in a manner that will permit data on dating violence 465 cases to be compiled. Such report must include: 466 (a)A description of physical injuries observed, if any. 467 (b)If a law enforcement officer decides not to make an 468 arrest or decides to arrest two or more parties, the grounds for 469 not arresting anyone or for arresting two or more parties. 470 (c)A statement which indicates that a copy of the legal 471 rights and remedies notice was given to the victim. 472 473 Whenever possible, the law enforcement officer shall obtain a 474 written statement from the victim and witnesses concerning the 475 alleged dating violence. The officer shall submit the report to 476 the supervisor or other person to whom the employers rules or 477 policies require reports of similar allegations of criminal 478 activity to be made. The law enforcement agency shall, without 479 charge, send a copy of the initial police report, as well as any 480 subsequent, supplemental, or related report, which excludes 481 victim or witness statements or other materials that are part of 482 an active criminal investigation and are exempt from disclosure 483 under chapter 119, to the nearest locally certified domestic 484 violence center within 24 hours after the agencys receipt of 485 the report. The report furnished to the domestic violence center 486 must include a narrative description of the dating violence 487 incident. 488 (13)Whenever a law enforcement officer determines upon 489 probable cause that an act of dating violence has been committed 490 within the jurisdiction, or that a person has violated a 491 condition of pretrial release as provided in s. 903.047 and the 492 original arrest was for an act of dating violence, the officer 493 may arrest the person or persons suspected of its commission and 494 charge such person or persons with the appropriate crime. The 495 decision to arrest and charge does shall not require consent of 496 the victim or consideration of the relationship of the parties. 497 (14)(a)When complaints are received from two or more 498 parties, the officers shall evaluate each complaint separately 499 to determine whether there is probable cause for arrest. 500 (b)If a law enforcement officer has probable cause to 501 believe that two or more persons have committed a misdemeanor or 502 felony, or if two or more persons make complaints to the 503 officer, the officer must shall try to determine who was the 504 primary aggressor. Arrest is the preferred response only with 505 respect to the primary aggressor and not the preferred response 506 with respect to a person who acts in a reasonable manner to 507 protect or defend himself or herself or another family or 508 household member from dating violence. 509 (15)A person who willfully violates a condition of 510 pretrial release provided in s. 903.047, when the original 511 arrest was for an act of dating violence as defined in this 512 section, commits a misdemeanor of the first degree, punishable 513 as provided in s. 775.082 or s. 775.083, and shall be held in 514 custody until his or her first appearance. 515 (16)A law enforcement officer acting in good faith under 516 this section and the officers employing agency shall be immune 517 from all liability, civil or criminal, that might otherwise be 518 incurred or imposed by reason of the officers or agencys 519 actions in carrying out the provisions of this section. 520 Section 2.Paragraph (a) of subsection (5) of section 521 44.407, Florida Statutes, is amended to read: 522 44.407Elder-focused dispute resolution process. 523 (5)QUALIFICATIONS FOR ELDERCARING COORDINATORS. 524 (a)The court shall appoint qualified eldercaring 525 coordinators who: 526 1.Meet one of the following professional requirements: 527 a.Are licensed as a mental health professional under 528 chapter 491 and hold at least a masters degree in the 529 professional field of practice; 530 b.Are licensed as a psychologist under chapter 490; 531 c.Are licensed as a physician under chapter 458 or chapter 532 459; 533 d.Are licensed as a nurse under chapter 464 and hold at 534 least a masters degree; 535 e.Are certified by the Florida Supreme Court as a family 536 mediator and hold at least a masters degree; 537 f.Are a member in good standing of The Florida Bar; or 538 g.Are a professional guardian as defined in s. 744.102(17) 539 and hold at least a masters degree. 540 2.Have completed all of the following: 541 a.Three years of postlicensure or postcertification 542 practice; 543 b.A family mediation training program certified by the 544 Florida Supreme Court; and 545 c.An eldercaring coordinator training program certified by 546 the Florida Supreme Court. The training must total at least 44 547 hours and must include advanced tactics for dispute resolution 548 of issues related to aging, illness, incapacity, or other 549 vulnerabilities associated with elders, as well as elder, 550 guardianship, and incapacity law and procedures and less 551 restrictive alternatives to guardianship; phases of eldercaring 552 coordination and the role and functions of an eldercaring 553 coordinator; the elders role within eldercaring coordination; 554 family dynamics related to eldercaring coordination; eldercaring 555 coordination skills and techniques; multicultural competence and 556 its use in eldercaring coordination; at least 6 hours of the 557 implications of elder abuse, neglect, and exploitation and other 558 safety issues pertinent to the training; at least 4 hours of 559 ethical considerations pertaining to the training; use of 560 technology within eldercaring coordination; and court-specific 561 eldercaring coordination procedures. Pending certification of a 562 training program by the Florida Supreme Court, the eldercaring 563 coordinator must document completion of training that satisfies 564 the hours and the elements prescribed in this sub-subparagraph. 565 3.Have successfully passed a Level 2 background screening 566 as provided in s. 435.04(2) and (3) or are exempt from 567 disqualification under s. 435.07. The prospective eldercaring 568 coordinator must submit a full set of fingerprints to the court 569 or to a vendor, entity, or agency authorized by s. 943.053(13). 570 The court, vendor, entity, or agency shall forward the 571 fingerprints to the Department of Law Enforcement for state 572 processing, and the Department of Law Enforcement shall forward 573 the fingerprints to the Federal Bureau of Investigation for 574 national processing. The prospective eldercaring coordinator 575 shall pay the fees for state and federal fingerprint processing. 576 The state cost for fingerprint processing shall be as provided 577 in s. 943.053(3)(e) for records provided to persons or entities 578 other than those specified as exceptions therein. 579 4.Have not been a respondent in a final order granting an 580 injunction for protection against domestic, dating, sexual, or 581 repeat or serious violence or stalking or exploitation of an 582 elder or a disabled person. 583 5.Have met any additional qualifications the court may 584 require to address issues specific to the parties. 585 Section 3.Paragraph (a) of subsection (3) of section 586 61.1825, Florida Statutes, is amended to read: 587 61.1825State Case Registry. 588 (3)(a)For the purpose of this section, a family violence 589 indicator must be placed on a record when: 590 1.A party executes a sworn statement requesting that a 591 family violence indicator be placed on that partys record which 592 states that the party has reason to believe that release of 593 information to the Federal Case Registry may result in physical 594 or emotional harm to the party or the child; or 595 2.A temporary or final injunction for protection against 596 domestic violence has been granted pursuant to s. 741.30(6), an 597 injunction for protection against domestic violence has been 598 issued by a court of a foreign state pursuant to s. 741.315, or 599 a temporary or final injunction for protection against repeat or 600 serious violence has been granted pursuant to s. 784.046; or 601 3.The department has received information on a Title IV-D 602 case from the Domestic, Dating, Sexual, and Repeat or Serious 603 Violence Injunction Statewide Verification System, established 604 pursuant to s. 784.046(8)(b), that a court has granted a party a 605 domestic violence or repeat or serious violence injunction. 606 Section 4.Paragraph (k) of subsection (1) of section 607 119.0714, Florida Statutes, is amended to read: 608 119.0714Court files; court records; official records. 609 (1)COURT FILES.Nothing in this chapter shall be construed 610 to exempt from s. 119.07(1) a public record that was made a part 611 of a court file and that is not specifically closed by order of 612 court, except: 613 (k)1.A petition, and the contents thereof, for an 614 injunction for protection against domestic violence, repeat or 615 serious violence, dating violence, sexual violence, stalking, or 616 cyberstalking that is dismissed without a hearing, dismissed at 617 an ex parte hearing due to failure to state a claim or lack of 618 jurisdiction, or dismissed for any reason having to do with the 619 sufficiency of the petition itself without an injunction being 620 issued on or after July 1, 2017, is exempt from s. 119.07(1) and 621 s. 24(a), Art. I of the State Constitution. 622 2.A petition, and the contents thereof, for an injunction 623 for protection against domestic violence, repeat or serious 624 violence, dating violence, sexual violence, stalking, or 625 cyberstalking that is dismissed without a hearing, dismissed at 626 an ex parte hearing due to failure to state a claim or lack of 627 jurisdiction, or dismissed for any reason having to do with the 628 sufficiency of the petition itself without an injunction being 629 issued before July 1, 2017, is exempt from s. 119.07(1) and s. 630 24(a), Art. I of the State Constitution only upon request by an 631 individual named in the petition as a respondent. The request 632 must be in the form of a signed, legibly written request 633 specifying the case name, case number, document heading, and 634 page number. The request must be delivered by mail, facsimile, 635 or electronic transmission or in person to the clerk of the 636 court. A fee may not be charged for such request. 637 3.Any information that can be used to identify a 638 petitioner or respondent in a petition for an injunction against 639 domestic violence, repeat or serious violence, dating violence, 640 sexual violence, stalking, or cyberstalking, and any affidavits, 641 notice of hearing, and temporary injunction, is confidential and 642 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 643 Constitution until the respondent has been personally served 644 with a copy of the petition for injunction, affidavits, notice 645 of hearing, and temporary injunction. 646 Section 5.Paragraph (e) of subsection (2) of section 647 394.4597, Florida Statutes, is amended to read: 648 394.4597Persons to be notified; patients representative. 649 (2)INVOLUNTARY PATIENTS. 650 (e)The following persons are prohibited from selection as 651 a patients representative: 652 1.A professional providing clinical services to the 653 patient under this part. 654 2.The licensed professional who initiated the involuntary 655 examination of the patient, if the examination was initiated by 656 professional certificate. 657 3.An employee, an administrator, or a board member of the 658 facility providing the examination of the patient. 659 4.An employee, an administrator, or a board member of a 660 treatment facility providing treatment for the patient. 661 5.A person providing any substantial professional services 662 to the patient, including clinical services. 663 6.A creditor of the patient. 664 7.A person subject to an injunction for protection against 665 domestic violence under s. 741.30, whether the order of 666 injunction is temporary or final, and for which the patient was 667 the petitioner. 668 8.A person subject to an injunction for protection against 669 repeat or serious violence, stalking, sexual violence, or dating 670 violence under s. 784.046, whether the order of injunction is 671 temporary or final, and for which the patient was the 672 petitioner. 673 Section 6.Paragraph (h) of subsection (2) of section 674 394.4598, Florida Statutes, is amended to read: 675 394.4598Guardian advocate. 676 (2)The following persons are prohibited from appointment 677 as a patients guardian advocate: 678 (h)A person subject to an injunction for protection 679 against repeat or serious violence, stalking, sexual violence, 680 or dating violence under s. 784.046, whether the order of 681 injunction is temporary or final, and for which the patient was 682 the petitioner. 683 Section 7.Subsection (3) of section 741.2901, Florida 684 Statutes, is amended to read: 685 741.2901Domestic violence cases; prosecutors; legislative 686 intent; investigation; duty of circuits; first appearance. 687 (3)Prior to a defendants first appearance in any charge 688 of domestic violence as defined in s. 741.28, the State 689 Attorneys Office shall perform a thorough investigation of the 690 defendants history, including, but not limited to: prior 691 arrests for domestic violence, prior arrests for nondomestic 692 charges, prior injunctions for protection against domestic and 693 repeat or serious violence filed listing the defendant as 694 respondent and noting history of other victims, and prior walk 695 in domestic complaints filed against the defendant. This 696 information shall be presented at first appearance, when setting 697 bond, and when passing sentence, for consideration by the court. 698 When a defendant is arrested for an act of domestic violence, 699 the defendant shall be held in custody until brought before the 700 court for admittance to bail in accordance with chapter 903. In 701 determining bail, the court shall consider the safety of the 702 victim, the victims children, and any other person who may be 703 in danger if the defendant is released. 704 Section 8.Paragraph (c) of subsection (2) and paragraph 705 (b) of subsection (8) of section 741.30, Florida Statutes, are 706 amended to read: 707 741.30Domestic violence; injunction; powers and duties of 708 court and clerk; petition; notice and hearing; temporary 709 injunction; issuance of injunction; statewide verification 710 system; enforcement; public records exemption. 711 (2) 712 (c)1.The clerk of the court shall assist petitioners in 713 seeking both injunctions for protection against domestic 714 violence and enforcement for a violation thereof as specified in 715 this section. 716 2.All clerks offices shall provide simplified petition 717 forms for the injunction, any modifications, and the enforcement 718 thereof, including instructions for completion. 719 3.The clerk of the court shall advise petitioners of the 720 opportunity to apply for a certificate of indigence in lieu of 721 prepayment for the cost of the filing fee, as provided in 722 paragraph (a). 723 4.The clerk of the court shall ensure the petitioners 724 privacy to the extent practical while completing the forms for 725 injunctions for protection against domestic violence. 726 5.The clerk of the court shall provide petitioners with a 727 minimum of two certified copies of the order of injunction, one 728 of which is serviceable and will inform the petitioner of the 729 process for service and enforcement. 730 6.Clerks of court and appropriate staff in each county 731 shall receive training in the effective assistance of 732 petitioners as provided or approved by the Florida Association 733 of Court Clerks. 734 7.The clerk of the court in each county shall make 735 available informational brochures on domestic violence when such 736 brochures are provided by local certified domestic violence 737 centers. 738 8.The clerk of the court in each county shall distribute a 739 statewide uniform informational brochure to petitioners at the 740 time of filing for an injunction for protection against domestic 741 or repeat or serious violence when such brochures become 742 available. The brochure must include information about the 743 effect of giving the court false information about domestic 744 violence. 745 (8) 746 (b)A Domestic and Repeat or Serious Violence Injunction 747 Statewide Verification System is created within the Department 748 of Law Enforcement. The department shall establish, implement, 749 and maintain a statewide communication system capable of 750 electronically transmitting information to and between criminal 751 justice agencies relating to domestic violence injunctions and 752 repeat or serious violence injunctions issued by the courts 753 throughout the state. Such information must include, but is not 754 limited to, information as to the existence and status of any 755 injunction for verification purposes. 756 Section 9.Paragraph (b) of subsection (2) of section 757 741.313, Florida Statutes, is amended to read: 758 741.313Unlawful action against employees seeking 759 protection. 760 (2) 761 (b)This section applies if an employee uses the leave from 762 work to: 763 1.Seek an injunction for protection against domestic 764 violence or an injunction for protection in cases of repeat or 765 serious violence, dating violence, or sexual violence; 766 2.Obtain medical care or mental health counseling, or 767 both, for the employee or a family or household member to 768 address physical or psychological injuries resulting from the 769 act of domestic violence or sexual violence; 770 3.Obtain services from a victim services organization, 771 including, but not limited to, a domestic violence shelter or 772 program or a rape crisis center as a result of the act of 773 domestic violence or sexual violence; 774 4.Make the employees home secure from the perpetrator of 775 the domestic violence or sexual violence or to seek new housing 776 to escape the perpetrator; or 777 5.Seek legal assistance in addressing issues arising from 778 the act of domestic violence or sexual violence or to attend and 779 prepare for court-related proceedings arising from the act of 780 domestic violence or sexual violence. 781 Section 10.Subsection (1) of section 784.047, Florida 782 Statutes, is amended to read: 783 784.047Penalties for violating protective injunction 784 against violators. 785 (1)A person who willfully violates an injunction for 786 protection against repeat or serious violence, sexual violence, 787 or dating violence, issued pursuant to s. 784.046, or a foreign 788 protection order accorded full faith and credit pursuant to s. 789 741.315 by: 790 (a)Refusing to vacate the dwelling that the parties share; 791 (b)Going to, or being within 500 feet of, the petitioners 792 residence, school, place of employment, or a specified place 793 frequented regularly by the petitioner and any named family or 794 household member; 795 (c)Committing an act of repeat or serious violence, sexual 796 violence, or dating violence against the petitioner; 797 (d)Committing any other violation of the injunction 798 through an intentional unlawful threat, word, or act to do 799 violence to the petitioner; 800 (e)Telephoning, contacting, or otherwise communicating 801 with the petitioner directly or indirectly, unless the 802 injunction specifically allows indirect contact through a third 803 party; 804 (f)Knowingly and intentionally coming within 100 feet of 805 the petitioners motor vehicle, whether or not that vehicle is 806 occupied; 807 (g)Defacing or destroying the petitioners personal 808 property, including the petitioners motor vehicle; or 809 (h)Refusing to surrender firearms or ammunition if ordered 810 to do so by the court, 811 812 commits a misdemeanor of the first degree, punishable as 813 provided in s. 775.082 or s. 775.083, except as provided in 814 subsection (2). 815 Section 11.Subsection (4) of section 784.048, Florida 816 Statutes, is amended to read: 817 784.048Stalking; definitions; penalties. 818 (4)A person who, after an injunction for protection 819 against repeat or serious violence, sexual violence, or dating 820 violence pursuant to s. 784.046, or an injunction for protection 821 against domestic violence pursuant to s. 741.30, or after any 822 other court-imposed prohibition of conduct toward the subject 823 person or that persons property, knowingly, willfully, 824 maliciously, and repeatedly follows, harasses, or cyberstalks 825 another person commits the offense of aggravated stalking, a 826 felony of the third degree, punishable as provided in s. 827 775.082, s. 775.083, or s. 775.084. 828 Section 12.Subsections (2) and (3) of section 790.06, 829 Florida Statutes, are amended to read: 830 790.06License to carry concealed weapon or concealed 831 firearm. 832 (2)The Department of Agriculture and Consumer Services 833 shall issue a license if the applicant: 834 (a)Is a resident of the United States and a citizen of the 835 United States or a permanent resident alien of the United 836 States, as determined by the United States Bureau of Citizenship 837 and Immigration Services, or is a consular security official of 838 a foreign government that maintains diplomatic relations and 839 treaties of commerce, friendship, and navigation with the United 840 States and is certified as such by the foreign government and by 841 the appropriate embassy in this country; 842 (b)Is 21 years of age or older; 843 (c)Does not suffer from a physical infirmity which 844 prevents the safe handling of a weapon or firearm; 845 (d)Is not ineligible to possess a firearm pursuant to s. 846 790.23 by virtue of having been convicted of a felony; 847 (e)Has not been: 848 1.Found guilty of a crime under the provisions of chapter 849 893 or similar laws of any other state relating to controlled 850 substances within a 3-year period immediately preceding the date 851 on which the application is submitted; or 852 2.Committed for the abuse of a controlled substance under 853 chapter 397 or under the provisions of former chapter 396 or 854 similar laws of any other state. An applicant who has been 855 granted relief from firearms disabilities pursuant to s. 856 790.065(2)(a)4.d. or pursuant to the law of the state in which 857 the commitment occurred is deemed not to be committed for the 858 abuse of a controlled substance under this subparagraph; 859 (f)Does not chronically and habitually use alcoholic 860 beverages or other substances to the extent that his or her 861 normal faculties are impaired. It shall be presumed that an 862 applicant chronically and habitually uses alcoholic beverages or 863 other substances to the extent that his or her normal faculties 864 are impaired if the applicant has been convicted under s. 865 790.151 or has been deemed a habitual offender under s. 866 856.011(3), or has had two or more convictions under s. 316.193 867 or similar laws of any other state, within the 3-year period 868 immediately preceding the date on which the application is 869 submitted; 870 (g)Desires a legal means to carry a concealed weapon or 871 concealed firearm for lawful self-defense; 872 (h)Demonstrates competence with a firearm by any one of 873 the following: 874 1.Completion of any hunter education or hunter safety 875 course approved by the Fish and Wildlife Conservation Commission 876 or a similar agency of another state; 877 2.Completion of any National Rifle Association firearms 878 safety or training course; 879 3.Completion of any firearms safety or training course or 880 class available to the general public offered by a law 881 enforcement agency, junior college, college, or private or 882 public institution or organization or firearms training school, 883 using instructors certified by the National Rifle Association, 884 Criminal Justice Standards and Training Commission, or the 885 Department of Agriculture and Consumer Services; 886 4.Completion of any law enforcement firearms safety or 887 training course or class offered for security guards, 888 investigators, special deputies, or any division or subdivision 889 of a law enforcement agency or security enforcement; 890 5.Presents evidence of equivalent experience with a 891 firearm through participation in organized shooting competition 892 or military service; 893 6.Is licensed or has been licensed to carry a concealed 894 weapon or concealed firearm in this state or a county or 895 municipality of this state, unless such license has been revoked 896 for cause; or 897 7.Completion of any firearms training or safety course or 898 class conducted by a state-certified or National Rifle 899 Association certified firearms instructor; 900 901 A photocopy of a certificate of completion of any of the courses 902 or classes; an affidavit from the instructor, school, club, 903 organization, or group that conducted or taught such course or 904 class attesting to the completion of the course or class by the 905 applicant; or a copy of any document that shows completion of 906 the course or class or evidences participation in firearms 907 competition shall constitute evidence of qualification under 908 this paragraph. A person who conducts a course pursuant to 909 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 910 an instructor, attests to the completion of such courses, must 911 maintain records certifying that he or she observed the student 912 safely handle and discharge the firearm in his or her physical 913 presence and that the discharge of the firearm included live 914 fire using a firearm and ammunition as defined in s. 790.001; 915 (i)Has not been adjudicated an incapacitated person under 916 s. 744.331, or similar laws of any other state. An applicant who 917 has been granted relief from firearms disabilities pursuant to 918 s. 790.065(2)(a)4.d. or pursuant to the law of the state in 919 which the adjudication occurred is deemed not to have been 920 adjudicated an incapacitated person under this paragraph; 921 (j)Has not been committed to a mental institution under 922 chapter 394, or similar laws of any other state. An applicant 923 who has been granted relief from firearms disabilities pursuant 924 to s. 790.065(2)(a)4.d. or pursuant to the law of the state in 925 which the commitment occurred is deemed not to have been 926 committed in a mental institution under this paragraph; 927 (k)Has not had adjudication of guilt withheld or 928 imposition of sentence suspended on any felony unless 3 years 929 have elapsed since probation or any other conditions set by the 930 court have been fulfilled, or expunction has occurred; 931 (l)Has not had adjudication of guilt withheld or 932 imposition of sentence suspended on any misdemeanor crime of 933 domestic violence unless 3 years have elapsed since probation or 934 any other conditions set by the court have been fulfilled, or 935 the record has been expunged; 936 (m)Has not been issued an injunction that is currently in 937 force and effect and that restrains the applicant from 938 committing acts of domestic violence or acts of repeat or 939 serious violence; and 940 (n)Is not prohibited from purchasing or possessing a 941 firearm by any other provision of Florida or federal law. 942 (3)The Department of Agriculture and Consumer Services 943 shall deny a license if the applicant has been found guilty of, 944 had adjudication of guilt withheld for, or had imposition of 945 sentence suspended for one or more crimes of violence 946 constituting a misdemeanor, unless 3 years have elapsed since 947 probation or any other conditions set by the court have been 948 fulfilled or the record has been sealed or expunged. The 949 Department of Agriculture and Consumer Services shall revoke a 950 license if the licensee has been found guilty of, had 951 adjudication of guilt withheld for, or had imposition of 952 sentence suspended for one or more crimes of violence within the 953 preceding 3 years. The department shall, upon notification by a 954 law enforcement agency, a court, or the Florida Department of 955 Law Enforcement and subsequent written verification, suspend a 956 license or the processing of an application for a license if the 957 licensee or applicant is arrested or formally charged with a 958 crime that would disqualify such person from having a license 959 under this section, until final disposition of the case. The 960 department shall suspend a license or the processing of an 961 application for a license if the licensee or applicant is issued 962 an injunction that restrains the licensee or applicant from 963 committing acts of domestic violence or acts of repeat or 964 serious violence. 965 Section 13.Paragraph (c) of subsection (2) of section 966 790.065, Florida Statutes, is amended to read: 967 790.065Sale and delivery of firearms. 968 (2)Upon receipt of a request for a criminal history record 969 check, the Department of Law Enforcement shall, during the 970 licensees call or by return call, forthwith: 971 (c)1.Review any records available to it to determine 972 whether the potential buyer or transferee has been indicted or 973 has had an information filed against her or him for an offense 974 that is a felony under either state or federal law, or, as 975 mandated by federal law, has had an injunction for protection 976 against domestic violence entered against the potential buyer or 977 transferee under s. 741.30, has had an injunction for protection 978 against repeat or serious violence entered against the potential 979 buyer or transferee under s. 784.046, or has been arrested for a 980 dangerous crime as specified in s. 907.041(5)(a) or for any of 981 the following enumerated offenses: 982 a.Criminal anarchy under ss. 876.01 and 876.02. 983 b.Extortion under s. 836.05. 984 c.Explosives violations under s. 552.22(1) and (2). 985 d.Controlled substances violations under chapter 893. 986 e.Resisting an officer with violence under s. 843.01. 987 f.Weapons and firearms violations under this chapter. 988 g.Treason under s. 876.32. 989 h.Assisting self-murder under s. 782.08. 990 i.Sabotage under s. 876.38. 991 j.Stalking or aggravated stalking under s. 784.048. 992 993 If the review indicates any such indictment, information, or 994 arrest, the department must shall provide to the licensee a 995 conditional nonapproval number. 996 2.Within 24 working hours, the department shall determine 997 the disposition of the indictment, information, or arrest and 998 inform the licensee as to whether the potential buyer is 999 prohibited from receiving or possessing a firearm. For purposes 1000 of this paragraph, working hours means the hours from 8 a.m. 1001 to 5 p.m. Monday through Friday, excluding legal holidays. 1002 3.The office of the clerk of court, at no charge to the 1003 department, shall respond to any department request for data on 1004 the disposition of the indictment, information, or arrest as 1005 soon as possible, but in no event later than 8 working hours. 1006 4.The department shall determine as quickly as possible 1007 within the allotted time period whether the potential buyer is 1008 prohibited from receiving or possessing a firearm. 1009 5.If the potential buyer is not so prohibited, or if the 1010 department cannot determine the disposition information within 1011 the allotted time period, the department must shall provide the 1012 licensee with a conditional approval number. 1013 6.If the buyer is so prohibited, the conditional 1014 nonapproval number must shall become a nonapproval number. 1015 7.The department shall continue its attempts to obtain the 1016 disposition information and may retain a record of all approval 1017 numbers granted without sufficient disposition information. If 1018 the department later obtains disposition information which 1019 indicates: 1020 a.That the potential buyer is not prohibited from owning a 1021 firearm, it must shall treat the record of the transaction in 1022 accordance with this section; or 1023 b.That the potential buyer is prohibited from owning a 1024 firearm, it must shall immediately revoke the conditional 1025 approval number and notify local law enforcement. 1026 8.During the time that disposition of the indictment, 1027 information, or arrest is pending and until the department is 1028 notified by the potential buyer that there has been a final 1029 disposition of the indictment, information, or arrest, the 1030 conditional nonapproval number must shall remain in effect. 1031 Section 14.Paragraph (m) of subsection (2) of section 1032 934.03, Florida Statutes, is amended to read: 1033 934.03Interception and disclosure of wire, oral, or 1034 electronic communications prohibited. 1035 (2) 1036 (m)It is lawful under this section and ss. 934.04-934.09 1037 for a person who is protected under an active temporary or final 1038 injunction for repeat or serious violence, sexual violence, or 1039 dating violence under s. 784.046; stalking under s. 784.0485; 1040 domestic violence under s. 741.30; or any other court-imposed 1041 prohibition of conduct toward the person to intercept and record 1042 a wire, oral, or electronic communication received in violation 1043 of such injunction or court order. A recording authorized under 1044 this paragraph may be provided to a law enforcement agency, an 1045 attorney, or a court for the purpose of evidencing a violation 1046 of an injunction or court order if the subject of the injunction 1047 or court order prohibiting contact has been served the 1048 injunction or is on notice that the conduct is prohibited. A 1049 recording authorized under this paragraph may not be otherwise 1050 disseminated or shared. 1051 Section 15.Paragraph (e) of subsection (2) of section 1052 943.05, Florida Statutes, is amended to read: 1053 943.05Criminal Justice Information Program; duties; crime 1054 reports. 1055 (2)The program shall: 1056 (e)Establish, implement, and maintain a Domestic and 1057 Repeat or Serious Violence Injunction Statewide Verification 1058 System capable of electronically transmitting information to and 1059 between criminal justice agencies relating to domestic violence 1060 injunctions, injunctions to prevent child abuse issued under 1061 chapter 39, and repeat or serious violence injunctions issued by 1062 the courts throughout the state. Such information must include, 1063 but is not limited to, information as to the existence and 1064 status of any such injunction for verification purposes. 1065 Section 16.For the purpose of incorporating the amendment 1066 made by this act to section 784.046, Florida Statutes, in 1067 references thereto, paragraphs (a), (c), and (d) of subsection 1068 (8) of section 28.2221, Florida Statutes, are reenacted to read: 1069 28.2221Electronic access to official records. 1070 (8)(a)Each county recorder or clerk of the court must make 1071 the identity of each respondent against whom a final judgment 1072 for an injunction for the protection of a minor under s. 741.30, 1073 s. 784.046, or s. 784.0485 is entered, as well as the fact that 1074 a final judgment for an injunction for the protection of a minor 1075 under s. 741.30, s. 784.046, or s. 784.0485 has been entered 1076 against that respondent, publicly available on the county 1077 recorders or clerk of the courts official website, unless the 1078 respondent is a minor. The identity and information required 1079 under this subsection must be viewable through a searchable 1080 database that is available in a clear and conspicuous location 1081 on the homepage of the county recorders or clerk of the courts 1082 official website and must be available for search by the general 1083 public. 1084 (c)Any information specified in this subsection not made 1085 available by the county clerk of the court as provided in this 1086 subsection before July 1, 2024, must be made publicly available 1087 on the county recorders or clerk of the courts official 1088 website if the affected party identifies the information and 1089 requests that such information be added for general public 1090 display. Such request must be in writing and delivered by mail, 1091 facsimile, or electronic transmission or in person to the county 1092 recorder or clerk of the court. The request must specify the 1093 case number assigned to the final judgment for an injunction for 1094 the protection of a minor under s. 741.30, s. 784.046, or s. 1095 784.0485. A fee may not be charged for the addition of 1096 information pursuant to such request. 1097 (d)No later than 30 days after July 1, 2024, notice of the 1098 right of any affected party to request the addition of 1099 information to the searchable database on the county recorders 1100 or clerk of the courts official website pursuant to this 1101 subsection must be conspicuously and clearly displayed by the 1102 county recorder or clerk of the court on the county recorders 1103 or clerk of the courts official website on which images or 1104 copies of the countys public records are placed and in the 1105 office of each county recorder or clerk of the court. Such 1106 notice must contain appropriate instructions for making the 1107 addition of information request in person, by mail, by 1108 facsimile, or by electronic transmission. The notice must state, 1109 in substantially similar form, that any person has a right to 1110 request that a county recorder or clerk of the court add 1111 information to the searchable database on the county recorders 1112 or clerk of the courts official website if that information 1113 involves the identity of a respondent against whom a final 1114 judgment for an injunction for the protection of a minor under 1115 s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the 1116 respondent is a minor. The notice must also state that the 1117 information related to the identity of each respondent against 1118 whom a final judgment for an injunction for the protection of a 1119 minor under s. 741.30, s. 784.046, or s. 784.0485 is entered is 1120 available for search by the general public. The notice must 1121 include step-by-step instructions detailing how a user can 1122 access the searchable database and search for such information. 1123 Such request must be made in writing and delivered by mail, 1124 facsimile, or electronic transmission or in person to the county 1125 recorder or clerk of the court. The request must specify the 1126 case number assigned to the final judgment for an injunction for 1127 the protection of a minor under s. 741.30, s. 784.046, or s. 1128 784.0485. A fee may not be charged for the addition of a 1129 document pursuant to such request. 1130 Section 17.For the purpose of incorporating the amendment 1131 made by this act to section 784.046, Florida Statutes, in a 1132 reference thereto, subsection (1) of section 61.1827, Florida 1133 Statutes, is reenacted to read: 1134 61.1827Identifying information concerning applicants for 1135 and recipients of child support services. 1136 (1)Any information that reveals the identity of applicants 1137 for or recipients of child support services, including the name, 1138 address, and telephone number of such persons, held by a non 1139 Title IV-D county child support enforcement agency is 1140 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 1141 of the State Constitution. The use or disclosure of such 1142 information by the non-Title IV-D county child support 1143 enforcement agency is limited to the purposes directly connected 1144 with: 1145 (a)Any investigation, prosecution, or criminal or civil 1146 proceeding connected with the administration of any non-Title 1147 IV-D county child support enforcement program; 1148 (b)Mandatory disclosure of identifying and location 1149 information as provided in s. 61.13(7) by the non-Title IV-D 1150 county child support enforcement agency when providing non-Title 1151 IV-D services; 1152 (c)Mandatory disclosure of information as required by ss. 1153 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the 1154 Social Security Act; or 1155 (d)Disclosure to an authorized person, as defined in 45 1156 C.F.R. s. 303.15, for purposes of enforcing any state or federal 1157 law with respect to the unlawful taking or restraint of a child 1158 or making or enforcing a parenting plan. As used in this 1159 paragraph, the term authorized person includes a parent with 1160 whom the child does not currently reside, unless a court has 1161 entered an order under s. 741.30, s. 741.31, or s. 784.046. 1162 Section 18.For the purpose of incorporating the amendment 1163 made by this act to section 784.046, Florida Statutes, in a 1164 reference thereto, subsection (2) of section 741.311, Florida 1165 Statutes, is reenacted to read: 1166 741.311Hope Card Program for persons issued orders of 1167 protection. 1168 (2)Beginning October 1, 2024, a person who has been issued 1169 a final judgment on injunction for protection under s. 741.30, 1170 s. 784.046, s. 784.0485, or s. 825.1035 may request a Hope Card 1171 from the clerk of the court of the circuit in which the order 1172 for an injunction for protection was entered. A person may 1173 request a Hope Card at the time the final judgment on injunction 1174 for protection is issued or at any other time before the 1175 expiration of the order for protection. 1176 Section 19.For the purpose of incorporating the amendment 1177 made by this act to section 784.046, Florida Statutes, in a 1178 reference thereto, subsection (2) of section 741.315, Florida 1179 Statutes, is reenacted to read: 1180 741.315Recognition of foreign protection orders. 1181 (2)Pursuant to 18 U.S.C. s. 2265, an injunction for 1182 protection against domestic violence issued by a court of a 1183 foreign state must be accorded full faith and credit by the 1184 courts of this state and enforced by a law enforcement agency as 1185 if it were the order of a Florida court issued under s. 741.30, 1186 s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487, 1187 and provided that the court had jurisdiction over the parties 1188 and the matter and that reasonable notice and opportunity to be 1189 heard was given to the person against whom the order is sought 1190 sufficient to protect that persons right to due process. Ex 1191 parte foreign injunctions for protection are not eligible for 1192 enforcement under this section unless notice and opportunity to 1193 be heard have been provided within the time required by the 1194 foreign state or tribal law, and in any event within a 1195 reasonable time after the order is issued, sufficient to protect 1196 the respondents due process rights. 1197 Section 20.For the purpose of incorporating the amendment 1198 made by this act to section 784.046, Florida Statutes, in 1199 references thereto, paragraph (e) of subsection (2) and 1200 paragraph (c) of subsection (3) of section 790.401, Florida 1201 Statutes, are reenacted to read: 1202 790.401Risk protection orders. 1203 (2)PETITION FOR A RISK PROTECTION ORDER.There is created 1204 an action known as a petition for a risk protection order. 1205 (e)A petition must: 1206 1.Allege that the respondent poses a significant danger of 1207 causing personal injury to himself or herself or others by 1208 having a firearm or any ammunition in his or her custody or 1209 control or by purchasing, possessing, or receiving a firearm or 1210 any ammunition, and must be accompanied by an affidavit made 1211 under oath stating the specific statements, actions, or facts 1212 that give rise to a reasonable fear of significant dangerous 1213 acts by the respondent; 1214 2.Identify the quantities, types, and locations of all 1215 firearms and ammunition the petitioner believes to be in the 1216 respondents current ownership, possession, custody, or control; 1217 and 1218 3.Identify whether there is a known existing protection 1219 order governing the respondent under s. 741.30, s. 784.046, or 1220 s. 784.0485 or under any other applicable statute. 1221 (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE. 1222 (c)In determining whether grounds for a risk protection 1223 order exist, the court may consider any relevant evidence, 1224 including, but not limited to, any of the following: 1225 1.A recent act or threat of violence by the respondent 1226 against himself or herself or others, whether or not such 1227 violence or threat of violence involves a firearm. 1228 2.An act or threat of violence by the respondent within 1229 the past 12 months, including, but not limited to, acts or 1230 threats of violence by the respondent against himself or herself 1231 or others. 1232 3.Evidence of the respondent being seriously mentally ill 1233 or having recurring mental health issues. 1234 4.A violation by the respondent of a risk protection order 1235 or a no contact order issued under s. 741.30, s. 784.046, or s. 1236 784.0485. 1237 5.A previous or existing risk protection order issued 1238 against the respondent. 1239 6.A violation of a previous or existing risk protection 1240 order issued against the respondent. 1241 7.Whether the respondent, in this state or any other 1242 state, has been convicted of, had adjudication withheld on, or 1243 pled nolo contendere to a crime that constitutes domestic 1244 violence as defined in s. 741.28. 1245 8.Whether the respondent has used, or has threatened to 1246 use, against himself or herself or others any weapons. 1247 9.The unlawful or reckless use, display, or brandishing of 1248 a firearm by the respondent. 1249 10.The recurring use of, or threat to use, physical force 1250 by the respondent against another person or the respondent 1251 stalking another person. 1252 11.Whether the respondent, in this state or any other 1253 state, has been arrested for, convicted of, had adjudication 1254 withheld on, or pled nolo contendere to a crime involving 1255 violence or a threat of violence. 1256 12.Corroborated evidence of the abuse of controlled 1257 substances or alcohol by the respondent. 1258 13.Evidence of recent acquisition of firearms or 1259 ammunition by the respondent. 1260 14.Any relevant information from family and household 1261 members concerning the respondent. 1262 15.Witness testimony, taken while the witness is under 1263 oath, relating to the matter before the court. 1264 Section 21.For the purpose of incorporating the amendment 1265 made by this act to section 784.046, Florida Statutes, in a 1266 reference thereto, subsection (6) of section 901.15, Florida 1267 Statutes, is reenacted to read: 1268 901.15When arrest by officer without warrant is lawful.A 1269 law enforcement officer may arrest a person without a warrant 1270 when: 1271 (6)There is probable cause to believe that the person has 1272 committed a criminal act according to s. 790.233 or according to 1273 s. 741.31, s. 784.047, or s. 825.1036 which violates an 1274 injunction for protection entered pursuant to s. 741.30, s. 1275 784.046, or s. 825.1035 or a foreign protection order accorded 1276 full faith and credit pursuant to s. 741.315, over the objection 1277 of the petitioner, if necessary. 1278 Section 22.For the purpose of incorporating the amendment 1279 made by this act to section 784.046, Florida Statutes, in a 1280 reference thereto, subsection (5) of section 901.41, Florida 1281 Statutes, is reenacted to read: 1282 901.41Prearrest diversion programs. 1283 (5)ELIGIBILITY.A violent misdemeanor, a misdemeanor crime 1284 of domestic violence, as defined in s. 741.28, or a misdemeanor 1285 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, 1286 s. 784.0487, or s. 784.049 does not qualify for a civil citation 1287 or prearrest diversion program. 1288 Section 23.For the purpose of incorporating the amendment 1289 made by this act to section 784.046, Florida Statutes, in a 1290 reference thereto, paragraph (p) of subsection (6) of section 1291 921.141, Florida Statutes, is reenacted to read: 1292 921.141Sentence of death or life imprisonment for capital 1293 felonies; further proceedings to determine sentence. 1294 (6)AGGRAVATING FACTORS.Aggravating factors shall be 1295 limited to the following: 1296 (p)The capital felony was committed by a person subject to 1297 an injunction issued pursuant to s. 741.30 or s. 784.046, or a 1298 foreign protection order accorded full faith and credit pursuant 1299 to s. 741.315, and was committed against the petitioner who 1300 obtained the injunction or protection order or any spouse, 1301 child, sibling, or parent of the petitioner. 1302 Section 24.For the purpose of incorporating the amendment 1303 made by this act to section 784.046, Florida Statutes, in a 1304 reference thereto, paragraph (j) of subsection (7) of section 1305 921.1425, Florida Statutes, is reenacted to read: 1306 921.1425Sentence of death or life imprisonment for capital 1307 sexual battery; further proceedings to determine sentence. 1308 (7)AGGRAVATING FACTORS.Aggravating factors shall be 1309 limited to the following: 1310 (j)The capital felony was committed by a person subject to 1311 an injunction issued pursuant to s. 741.30 or s. 784.046, or a 1312 foreign protection order accorded full faith and credit pursuant 1313 to s. 741.315, and was committed against the petitioner who 1314 obtained the injunction or protection order or any spouse, 1315 child, sibling, or parent of the petitioner. 1316 Section 25.For the purpose of incorporating the amendment 1317 made by this act to section 784.046, Florida Statutes, in a 1318 reference thereto, subsection (3) of section 934.425, Florida 1319 Statutes, is reenacted to read: 1320 934.425Installation or use of tracking devices or tracking 1321 applications; exceptions; penalties. 1322 (3)For purposes of this section, a persons consent is 1323 presumed to be revoked if: 1324 (a)The consenting person and the person to whom consent 1325 was given are lawfully married and one person files a petition 1326 for dissolution of marriage from the other; or 1327 (b)The consenting person or the person to whom consent was 1328 given files an injunction for protection against the other 1329 person pursuant to s. 741.30, s. 741.315, s. 784.046, or s. 1330 784.0485. 1331 Section 26.This act shall take effect July 1, 2025.