Florida Senate - 2024 CS for CS for CS for SB 86
By the Committee on Fiscal Policy; the Appropriations Committee
on Criminal and Civil Justice; the Committee on Judiciary; and
Senators Book, Polsky, and Yarborough
594-03632-24 202486c3
1 A bill to be entitled
2 An act relating to Hope Cards for persons issued
3 orders of protection; creating s. 741.311, F.S.;
4 requiring the clerks of the circuit court, in
5 consultation with the Office of the Attorney General,
6 to develop and implement the Hope Card Program;
7 authorizing certain persons to request a Hope Card
8 after a specified date; specifying when and how a
9 person may request a Hope Card; requiring clerks’
10 offices to create a Hope Card and provide such card to
11 petitioners within a specified time frame; prohibiting
12 the assessment of a fee; providing requirements for
13 the Hope Card; providing criminal penalties for the
14 fraudulent use of a Hope Card; amending ss. 741.30,
15 784.046, 784.0485, and 825.1035, F.S.; conforming
16 provisions to changes made by the act; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 741.311, Florida Statutes, is created to
22 read:
23 741.311 Hope Card Program for persons issued orders of
24 protection.—
25 (1) The clerks of the circuit court, in consultation with
26 the Office of the Attorney General, shall develop and implement
27 the Hope Card Program, which provides for the issuance of a Hope
28 Card to any person who has been issued an order of protection by
29 a county or circuit court in this state.
30 (2) Beginning October 1, 2024, a person who has been issued
31 a final judgment on injunction for protection under s. 741.30,
32 s. 784.046, s. 784.0485, or s. 825.1035 may request a Hope Card
33 from the clerk of the court of the circuit in which the order
34 for an injunction for protection was entered. A person may
35 request a Hope Card at the time the final judgment on injunction
36 for protection is issued or at any other time before the
37 expiration of the order for protection.
38 (3) After the court has issued a final judgment on
39 injunction for protection and within 3 business days after
40 receipt of a request for a Hope Card, the clerk of the court
41 shall create the Hope Card and provide it to the petitioner.
42 (4) The clerk of the court may not assess a fee for the
43 issuance of a Hope Card.
44 (5) A Hope Card is valid for 2 years after the date of
45 issuance of the final order or the expiration date of the
46 injunction, whichever is earlier. A Hope Card may be renewed
47 after the 2-year period if the injunction is still in effect.
48 (6) A Hope Card issued under the program may be digital or
49 a durable, wallet-sized card and must contain all of the
50 following information:
51 (a) The respondent’s name and date of birth.
52 (b) The name and date of birth of the petitioner or
53 protected person.
54 (c) Information regarding the issuing court; the case
55 number; the date the order of protection was issued; and the
56 expiration date, if any, of the order of protection.
57 (d) The telephone number for the statewide domestic
58 violence hotline.
59 (e) The date of issuance and the expiration date of the
60 Hope Card.
61 (7) A person who, having actual knowledge that he or she is
62 not protected by an injunction that is currently in force and
63 effect, knowingly and willfully presents to another person a
64 Hope Card or other document purporting to be a Hope Card for the
65 purpose of evidencing the existence of an injunction, commits a
66 misdemeanor of the second degree, punishable as provided in s.
67 775.082 or s. 775.083.
68 Section 2. Paragraph (d) is added to subsection (8) of
69 section 741.30, Florida Statutes, to read:
70 741.30 Domestic violence; injunction; powers and duties of
71 court and clerk; petition; notice and hearing; temporary
72 injunction; issuance of injunction; statewide verification
73 system; enforcement; public records exemption.—
74 (8)
75 (d) The petitioner may request a Hope Card under s. 741.311
76 after the court has issued a final order of protection.
77 Section 3. Paragraph (d) is added to subsection (8) of
78 section 784.046, Florida Statutes, to read:
79 784.046 Action by victim of repeat violence, sexual
80 violence, or dating violence for protective injunction; dating
81 violence investigations, notice to victims, and reporting;
82 pretrial release violations; public records exemption.—
83 (8)
84 (d) The petitioner may request a Hope Card under s. 741.311
85 after the court has issued a final order of protection.
86 Section 4. Paragraph (c) is added to subsection (8) of
87 section 784.0485, Florida Statutes, to read:
88 784.0485 Stalking; injunction; powers and duties of court
89 and clerk; petition; notice and hearing; temporary injunction;
90 issuance of injunction; statewide verification system;
91 enforcement.—
92 (8)
93 (c) The petitioner may request a Hope Card under s. 741.311
94 after the court has issued a final order of protection.
95 Section 5. Paragraph (c) is added to subsection (10) of
96 section 825.1035, Florida Statutes, to read:
97 825.1035 Injunction for protection against exploitation of
98 a vulnerable adult.—
99 (10) TRANSMITTAL TO SHERIFF; SERVICE; HOPE CARD.—
100 (c) The petitioner may request a Hope Card under s. 741.311
101 after the court has issued a final order of protection.
102 Section 6. This act shall take effect October 1, 2024.