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HB 547 2026
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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; 2
amending s. 784.046, F.S.; defining the terms "serious 3
violence by a known person" and "serious bodily 4
injury"; creating a cause of action for an injunction 5
for protection in cases of serious violence by a known 6
person; specifying the persons who have standing to 7
file such injunction for protection in circuit court 8
if specified conditions are met; prohibiting the clerk 9
of the court from assessing a fee for the filing of 10
such injunction for protection; requiring the clerk of 11
the court to provide the petitioner with a certified 12
copy of such injunction for protection; providing 13
requirements for such petition for injunction for 14
protection; providing requirements for a temporary or 15
final judgment on such injunction for protection; 16
requiring the clerk of the court to electronically 17
transmit copies of specified documents within a 18
certain timeframe after a court issues such injunction 19
for protection; requiring law enforcement officers to 20
accept a certified copy of such injunction for 21
protection from the petitioner and immediately serve 22
it upon a respondent; providing requirements for 23
inclusion of such injunction for protection in a 24
specified statewide communication system; requiring 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
that a respondent be held in custody if he or she is 26
arrested for committing an act of serious violence by 27
a known person in violation of an injunction for 28
protection until being brought before the court; 29
conforming provisions to changes made by the act; 30
making technical changes; amending ss. 44.407, 61.13, 31
61.1825, 394.4597, 394.4598, 741.313, 784.047, 32
784.048, and 934.03, F.S.; conforming provisions to 33
changes made by the act; reenacting ss. 28.2221 34
(8)(a), (c), and (d), 28.35(2)(i), 57.105(8), 35
61.1827(1), 741.311(2), 741.315(2), 790.401(2)(e) and 36
(3)(c), 901.15(6), 901.41(5), 921.141(6)(p), 37
921.1425(7)(j), 921.1427(7)(i), and 934.425(3), F.S.; 38
relating to electronic access to official records, 39
Florida Clerks of Court Operations Corporation, the 40
awarding of attorney fees, identifying information 41
concerning applicants for and recipients of child 42
support services, Hope Card Program for persons issued 43
orders of protection, recognition of foreign 44
protection orders, risk protection orders, when arrest 45
by a law enforcement officer without a warrant is 46
lawful, prearrest diversion programs, aggravating 47
factors relating to a sentence of death or life 48
imprisonment for capital felonies, aggravating factors 49
relating to a sentence of death or life imprisonment 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
for capital sexual battery, aggravating factors 51
relating to a sentence of death or life imprisonment 52
for capital human trafficking of vulnerable persons 53
for sexual exploitation, and installation or use of 54
tracking devices or applications, respectively, to 55
incorporate the amendment made to s. 784.046, F.S., in 56
references thereto; providing an effective date. 57
58
Be It Enacted by the Legislature of the State of Florida: 59
60
Section 1. Section 784.046, Florida Statutes, is amended 61
to read: 62
784.046 Action by victim of repeat violence, sexual 63
violence, or dating violence, or serious violence by a known 64
person for protective injunction; dating violence 65
investigations, notice to victims, and reporting; pretrial 66
release violations; public records exemption.— 67
(1) As used in this section, the term: 68
(e)(a) "Violence" means any assault, aggravated assault, 69
battery, aggravated battery, sexual assault, sexual battery, 70
stalking, aggravated stalking, kidnapping, or false 71
imprisonment, or any criminal offense resulting in physical 72
injury or death, by a person against any other person. 73
(b) "Repeat violence" means two incidents of violence or 74
stalking committed by the respondent, one of which must have 75
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been within 6 months of the filing of the petition, which are 76
directed against the petitioner or the petitioner's immediate 77
family member. 78
(d)(c) "Sexual violence" means any one incident of: 79
1. Sexual battery, as defined in chapter 794; 80
2. A lewd or lascivious act, as defined in chapter 800, 81
committed upon or in the presence of a person younger than 16 82
years of age; 83
3. Luring or enticing a child, as described in chapter 84
787; 85
4. Sexual performance by a child, as described in chapter 86
827; or 87
5. Any other forcible felony wherein a sexual act is 88
committed or attempted, 89
90
regardless of whether criminal charges based on the incident 91
were filed, reduced, or dismissed by the state attorney. 92
(a)(d) "Dating violence" means violence between 93
individuals who have or have had a continuing and significant 94
relationship of a romantic or intimate nature. The existence of 95
such a relationship must shall be determined based on the 96
consideration of the following factors: 97
1. A dating relationship must have existed within the past 98
6 months; 99
2. The nature of the relationship must have been 100
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characterized by the expectation of affection or sexual 101
involvement between the parties; and 102
3. The frequency and type of interaction between the 103
persons involved in the relationship must have included that the 104
persons have been involved over time and on a continuous basis 105
during the course of the relationship. 106
107
The term does not include violence in a casual acquaintanceship 108
or violence between individuals who only have engaged in 109
ordinary fraternization in a business or social context. 110
(c) "Serious violence by a known person" means an act of 111
violence between individuals who are known to one another, when 112
such violence causes serious bodily injury. As used in this 113
paragraph, the term "serious bodily injury" means a physical 114
condition that creates a substantial risk of death, serious 115
personal disfigurement, or protracted loss or impairment of the 116
function of any bodily member or organ. 117
(2) There is created a cause of action for an injunction 118
for protection in cases of repeat violence, there is created a 119
separate cause of action for an injunction for protection in 120
cases of dating violence, and there is created a separate cause 121
of action for an injunction for protection in cases of sexual 122
violence, and there is created a separate cause of action for an 123
injunction for protection in cases of serious violence by a 124
known person. 125
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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) Any person who is the victim of repeat violence or the 126
parent or legal guardian of any minor child who is living at 127
home and who seeks an injunction for protection against repeat 128
violence on behalf of the minor child has standing in the 129
circuit court to file a verified petition for an injunction for 130
protection against repeat violence. 131
(b) Any person who is the victim of dating violence and 132
has reasonable cause to believe he or she is in imminent danger 133
of becoming the victim of another act of dating violence, or any 134
person who has reasonable cause to believe he or she is in 135
imminent danger of becoming the victim of an act of dating 136
violence, or the parent or legal guardian of any minor child who 137
is living at home and who seeks an injunction for protection 138
against dating violence on behalf of that minor child, has 139
standing in the circuit court to file a verified petition for an 140
injunction for protection against dating violence. 141
(c) A person who is the victim of sexual violence or the 142
parent or legal guardian of a minor child who is living at home 143
who is the victim of sexual violence has standing in the circuit 144
court to file a verified petition for an injunction for 145
protection against sexual violence on his or her own behalf or 146
on behalf of the minor child if: 147
1. The person has reported the sexual violence to a law 148
enforcement agency and is cooperating in any criminal proceeding 149
against the respondent, regardless of whether criminal charges 150
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based on the sexual violence have been filed, reduced, or 151
dismissed by the state attorney; or 152
2. The respondent who committed the sexual violence 153
against the victim or minor child was sentenced to a term of 154
imprisonment in state prison for the sexual violence and the 155
respondent's term of imprisonment has expired or is due to 156
expire within 90 days following the date the petition is filed. 157
(d) A person who is the victim of serious violence by a 158
known person or the parent or legal guardian of a minor child 159
who is living at home and who is the victim of serious violence 160
by a known person has standing in the circuit court to file a 161
verified petition for an injunction for protection against 162
serious violence by a known person on his or her own behalf or 163
on behalf of the minor child if the person has reported such 164
violence to a law enforcement agency and is cooperating with any 165
criminal proceedings against the respondent, regardless of 166
whether criminal charges based on the serious violence have been 167
filed, reduced, or dismissed by the state attorney. 168
(e)(d) A cause of action for an injunction may be sought 169
whether or not any other petition, complaint, or cause of action 170
is currently available or pending between the parties. 171
(f)(e) A cause of action for an injunction does not 172
require that the petitioner be represented by an attorney. 173
(3)(a) The clerk of the court shall provide a copy of this 174
section, simplified forms, and clerical assistance for the 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
preparation and filing of such a petition by any person who is 176
not represented by counsel. 177
(b) Notwithstanding any other law, the clerk of the court 178
may not assess a fee for filing a petition for protection 179
against repeat violence, sexual violence, or dating violence, or 180
serious violence by a known person. However, subject to 181
legislative appropriation, the clerk of the court may, each 182
quarter, submit to the Justice Administrative Commission a 183
certified request for reimbursement for petitions for protection 184
issued by the court under this section at the rate of $40 per 185
petition. The request for reimbursement must be submitted in the 186
form and manner prescribed by the Justice Administrative 187
Commission. From this reimbursement, the clerk shall pay the law 188
enforcement agency serving the injunction the fee requested by 189
the law enforcement agency; however, this fee may not exceed 190
$20. 191
(c) No bond is shall be required by the court for the 192
entry of an injunction. 193
(d) The clerk of the court shall provide the petitioner 194
with a certified copy of any injunction for protection against 195
repeat violence, sexual violence, or dating violence, or serious 196
violence by a known person entered by the court. 197
(4)(a) The verified petition must shall allege the 198
incidents of repeat violence, sexual violence, or dating 199
violence, or serious violence by a known person and must shall 200
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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
include the specific facts and circumstances that form the basis 201
upon which relief is sought. With respect to a minor child who 202
is living at home, the parent or legal guardian seeking the 203
protective injunction on behalf of the minor child must: 204
1. Have been an eyewitness to, or have direct physical 205
evidence or affidavits from eyewitnesses of, the specific facts 206
and circumstances that form the basis upon which relief is 207
sought, if the party against whom the protective injunction is 208
sought is also a parent, stepparent, or legal guardian of the 209
minor child; or 210
2. Have reasonable cause to believe that the minor child 211
is a victim of repeat violence, sexual violence, or dating 212
violence, or serious violence by a known person to form the 213
basis upon which relief is sought, if the party against whom the 214
protective injunction is sought is a person other than a parent, 215
stepparent, or legal guardian of the minor child. 216
(b) The verified petition must be in substantially the 217
following form: 218
219
PETITION FOR INJUNCTION FOR PROTECTION 220
AGAINST REPEAT VIOLENCE, SEXUAL 221
VIOLENCE, OR DATING VIOLENCE, OR 222
SERIOUS VIOLENCE BY A KNOWN PERSON 223
224
The undersigned petitioner ...(name)... declares under 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
penalties of perjury that the following statements are true: 226
227
1. Petitioner resides at ...(address)... (A petitioner for 228
an injunction for protection against sexual violence may furnish 229
an address to the court in a separate confidential filing if, 230
for safety reasons, the petitioner requires the location of his 231
or her current residence to be confidential pursuant to s. 232
119.071(2)(j), Florida Statutes.) 233
2. Respondent resides at ...(address).... 234
3.a. Petitioner has suffered repeat violence as 235
demonstrated by the fact that the respondent has: ...(enumerate 236
incidents of violence)... 237
................................................................ 238
................................................................ 239
................................................................ 240
241
b. Petitioner has suffered sexual violence as demonstrated 242
by the fact that the respondent has: ...(enumerate incident of 243
violence and include incident report number from law enforcement 244
agency or attach notice of inmate release)... 245
................................................................ 246
................................................................ 247
................................................................ 248
249
c. Petitioner is a victim of dating violence and has 250
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reasonable cause to believe that he or she is in imminent danger 251
of becoming the victim of another act of dating violence or has 252
reasonable cause to believe that he or she is in imminent danger 253
of becoming a victim of dating violence, as demonstrated by the 254
fact that the respondent has: ...(list the specific incident or 255
incidents of violence and describe the length of time of the 256
relationship, whether it has been in existence during the last 6 257
months, the nature of the relationship of a romantic or intimate 258
nature, the frequency and type of interaction, and any other 259
facts that characterize the relationship)... 260
................................................................ 261
................................................................ 262
................................................................ 263
264
d. Petitioner has suffered serious violence by a known 265
person as demonstrated by the fact that respondent has: ... 266
(list the specific incident of serious violence and the known 267
association to the respondent)... 268
4. Petitioner genuinely fears repeat violence by the 269
respondent. 270
5. Petitioner seeks: an immediate injunction against the 271
respondent, enjoining him or her from committing any further 272
acts of violence; an injunction enjoining the respondent from 273
committing any further acts of violence; and an injunction 274
providing any terms the court deems necessary for the protection 275
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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
of the petitioner and the petitioner's immediate family, 276
including any injunctions or directives to law enforcement 277
agencies. 278
279
(c) Every petition for an injunction against sexual 280
violence, dating violence, or repeat violence, or serious 281
violence by a known person must contain, directly above the 282
signature line, a statement in all capital letters and bold type 283
not smaller than the surrounding text, as follows: 284
285
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ 286
THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT 287
ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN 288
THIS PETITION ARE BEING MADE UNDER PENALTIES OF 289
PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525, 290
FLORIDA STATUTES. 291
292
...(initials)... 293
294
(5) Upon the filing of the petition, the court shall set a 295
hearing to be held at the earliest possible time. The respondent 296
must shall be personally served with a copy of the petition, 297
notice of hearing, and temporary injunction, if any, before 298
prior to the hearing. 299
(6)(a) When it appears to the court that an immediate and 300
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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 301
temporary injunction that which may be granted in an ex parte 302
hearing, pending a full hearing, and may grant such relief as 303
the court deems proper, including an injunction enjoining the 304
respondent from committing any acts of violence. 305
(b) Except as provided in s. 90.204, in a hearing ex parte 306
for the purpose of obtaining such temporary injunction, no 307
evidence other than the verified pleading or affidavit may shall 308
be used as evidence, unless the respondent appears at the 309
hearing or has received reasonable notice of the hearing. 310
(c) Any such ex parte temporary injunction is shall be 311
effective for a fixed period not to exceed 15 days. However, an 312
ex parte temporary injunction granted under subparagraph 313
(2)(c)2. is effective for 15 days following the date the 314
respondent is released from incarceration. A full hearing, as 315
provided by this section, must shall be set for a date no later 316
than the date when the temporary injunction ceases to be 317
effective. The court may grant a continuance of the ex parte 318
injunction and the full hearing before or during a hearing, for 319
good cause shown by any party. 320
(7) Upon notice and hearing, the court may grant such 321
relief as the court deems proper, including an injunction: 322
(a) Enjoining the respondent from committing any acts of 323
violence. 324
(b) Ordering such other relief as the court deems 325
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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
necessary for the protection of the petitioner, including 326
injunctions or directives to law enforcement agencies, as 327
provided in this section. 328
(c) The terms of the injunction shall remain in full force 329
and effect until modified or dissolved. Either party may move at 330
any time to modify or dissolve the injunction. Such relief may 331
be granted in addition to other civil or criminal remedies. 332
(d) A temporary or final judgment on injunction for 333
protection against repeat violence, sexual violence, or dating 334
violence, or serious violence by a known person entered pursuant 335
to this section must shall, on its face, indicate that: 336
1. The injunction is valid and enforceable in all counties 337
of the State of Florida. 338
2. Law enforcement officers may use their arrest powers 339
pursuant to s. 901.15(6) to enforce the terms of the injunction. 340
3. The court had jurisdiction over the parties and matter 341
under the laws of Florida and that reasonable notice and 342
opportunity to be heard was given to the person against whom the 343
order is sought sufficient to protect that person's right to due 344
process. 345
4. The date that the respondent was served with the 346
temporary or final order, if obtainable. 347
(8)(a)1. Within 24 hours after the court issues an 348
injunction for protection against repeat violence, sexual 349
violence, or dating violence, or serious violence by a known 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
person, the clerk of the court shall electronically transmit a 351
copy of the petition, notice of hearing, and temporary 352
injunction, if any, to the sheriff or a law enforcement agency 353
of the county where the respondent resides or can be found, who 354
shall serve it upon the respondent as soon thereafter as 355
possible on any day of the week and at any time of the day or 356
night. An electronic copy of an injunction must be certified by 357
the clerk of the court, and the electronic copy must be served 358
in the same manner as a certified copy. Upon receiving an 359
electronic copy of the injunction, the sheriff must verify 360
receipt with the sender before attempting to serve it upon the 361
respondent. In addition, if the sheriff is in possession of an 362
injunction for protection that has been certified by the clerk 363
of the court, the sheriff may electronically transmit a copy of 364
that injunction to a law enforcement officer who shall serve it 365
in the same manner as a certified copy. The clerk of the court 366
is responsible for furnishing to the sheriff such information on 367
the respondent's physical description and location as is 368
required by the department to comply with the verification 369
procedures set forth in this section. Notwithstanding any other 370
law to the contrary, the chief judge of each circuit, in 371
consultation with the appropriate sheriff, may authorize a law 372
enforcement agency within the chief judge's jurisdiction to 373
effect this type of service and to receive a portion of the 374
service fee. A person may not serve or execute an injunction 375
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issued under this section unless the person is a law enforcement 376
officer as defined in chapter 943. 377
2. When an injunction is issued, if the petitioner 378
requests the assistance of a law enforcement agency, the court 379
may order that an officer from the appropriate law enforcement 380
agency accompany the petitioner and assist in the execution or 381
service of the injunction. A law enforcement officer must accept 382
a copy of an injunction for protection against repeat violence, 383
sexual violence, or dating violence, or serious violence by a 384
known person, certified by the clerk of the court, from the 385
petitioner and immediately serve it upon a respondent who has 386
been located but not yet served. 387
(b) A Domestic Violence, Dating Violence, Sexual Violence, 388
and Repeat Violence, and Serious Violence by a Known Person 389
Injunction Statewide Verification System is created within the 390
Department of Law Enforcement. The department shall establish, 391
implement, and maintain a statewide communication system capable 392
of electronically transmitting information to and between 393
criminal justice agencies relating to domestic violence 394
injunctions, dating violence injunctions, sexual violence 395
injunctions, and repeat violence injunctions, and serious 396
violence by a known person injunctions issued by the courts 397
throughout the state. Such information must include, but is not 398
limited to, information as to the existence and status of any 399
injunction for verification purposes. 400
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(c)1. Within 24 hours after the court issues an injunction 401
for protection against repeat violence, sexual violence, or 402
dating violence, or serious violence by a known person or 403
changes or vacates an injunction for protection against repeat 404
violence, sexual violence, or dating violence, or serious 405
violence by a known person, the clerk of the court must 406
electronically transmit a copy of the injunction to the sheriff 407
with jurisdiction over the residence of the petitioner. 408
2. Within 24 hours after service of process of an 409
injunction for protection against repeat violence, sexual 410
violence, or dating violence, or serious violence by a known 411
person upon a respondent, the law enforcement officer must 412
electronically transmit the written proof of service of process 413
to the sheriff with jurisdiction over the residence of the 414
petitioner. 415
3. Within 24 hours after the sheriff receives a certified 416
copy of the injunction for protection against repeat violence, 417
sexual violence, or dating violence, or serious violence by a 418
known person, the sheriff must make information relating to the 419
injunction available to other law enforcement agencies by 420
electronically transmitting such information to the department. 421
4. Within 24 hours after the sheriff or other law 422
enforcement officer has made service upon the respondent and the 423
sheriff has been so notified, the sheriff must make information 424
relating to the service available to other law enforcement 425
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agencies by electronically transmitting such information to the 426
department. 427
5. Subject to available funding, the Florida Association 428
of Court Clerks and Comptrollers shall develop an automated 429
process by which a petitioner may request notification of 430
service of the injunction for protection against repeat 431
violence, sexual violence, or dating violence, or serious 432
violence by a known person and other court actions related to 433
the injunction for protection. The automated notice must be made 434
within 12 hours after the sheriff or other law enforcement 435
officer serves the injunction upon the respondent. The 436
notification must include, at a minimum, the date, time, and 437
location where the injunction for protection against repeat 438
violence, sexual violence, or dating violence, or serious 439
violence by a known person was served. The Florida Association 440
of Court Clerks and Comptrollers may apply for any available 441
grants to fund the development of the automated process. 442
6. Within 24 hours after an injunction for protection 443
against repeat violence, sexual violence, or dating violence, or 444
serious violence by a known person is lifted, terminated, or 445
otherwise rendered no longer effective by ruling of the court, 446
the clerk of the court must notify the sheriff or local law 447
enforcement agency receiving original notification of the 448
injunction as provided in subparagraph 2. That agency shall, 449
within 24 hours after receiving such notification from the clerk 450
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of the court, notify the department of such action of the court. 451
(d) The petitioner may request a Hope Card under s. 452
741.311 after the court has issued a final order of protection. 453
(9)(a) The court shall enforce, through a civil or 454
criminal contempt proceeding, a violation of an injunction for 455
protection. The court may enforce the respondent's compliance 456
with the injunction by imposing a monetary assessment. The clerk 457
of the court shall collect and receive such assessments. On a 458
monthly basis, the clerk shall transfer the moneys collected 459
pursuant to this paragraph to the State Treasury for deposit in 460
the Crimes Compensation Trust Fund established in s. 960.21. 461
(b) If the respondent is arrested by a law enforcement 462
officer under s. 901.15(6) for committing an act of repeat 463
violence, sexual violence, or dating violence, or serious 464
violence by a known person in violation of an injunction for 465
protection, the respondent must shall be held in custody until 466
brought before the court as expeditiously as possible for the 467
purpose of enforcing the injunction and for admittance to bail 468
in accordance with chapter 903 and the applicable rules of 469
criminal procedure, pending a hearing. 470
(10) The petitioner or the respondent may move the court 471
to modify or dissolve an injunction at any time. 472
(11) Any law enforcement officer who investigates an 473
alleged incident of dating violence shall assist the victim to 474
obtain medical treatment if such is required as a result of the 475
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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
alleged incident to which the officer responds. Any law 476
enforcement officer who investigates an alleged incident of 477
dating violence shall advise the victim of such violence that 478
there is a domestic violence center from which the victim may 479
receive services. The law enforcement officer shall give the 480
victim immediate notice of the legal rights and remedies 481
available on a standard form developed and distributed by the 482
Department of Law Enforcement. As necessary, the Department of 483
Law Enforcement shall revise the Legal Rights and Remedies 484
Notice to Victims to include a general summary of this section, 485
using simple English as well as Spanish, and shall distribute 486
the notice as a model form to be used by all law enforcement 487
agencies throughout this the state. The notice must shall 488
include: 489
(a) The resource listing, including telephone number, for 490
the area domestic violence center designated by the Department 491
of Children and Families; and 492
(b) A copy of the following statement: 493
494
"IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask 495
the state attorney to file a criminal complaint. You 496
also have the right to go to court and file a petition 497
requesting an injunction for protection from dating 498
violence which may include, but need not be limited 499
to, provisions that restrain the abuser from further 500
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acts of abuse; direct the abuser to leave your 501
household; and prevent the abuser from entering your 502
residence, school, business, or place of employment." 503
504
(12) When a law enforcement officer investigates an 505
allegation that an incident of dating violence has occurred, the 506
officer shall handle the incident pursuant to the arrest policy 507
provided in s. 901.15(7), and as developed in accordance with 508
subsections (13), (14), and (16). Whether or not an arrest is 509
made, the officer shall make a written police report that is 510
complete and clearly indicates that the alleged offense was an 511
incident of dating violence. Such report must shall be given to 512
the officer's supervisor and filed with the law enforcement 513
agency in a manner that will permit data on dating violence 514
cases to be compiled. Such report must include: 515
(a) A description of physical injuries observed, if any. 516
(b) If a law enforcement officer decides not to make an 517
arrest or decides to arrest two or more parties, the grounds for 518
not arresting anyone or for arresting two or more parties. 519
(c) A statement indicating which indicates that a copy of 520
the legal rights and remedies notice was given to the victim. 521
522
Whenever possible, the law enforcement officer shall obtain a 523
written statement from the victim and witnesses concerning the 524
alleged dating violence. The officer shall submit the report to 525
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the supervisor or other person to whom the employer's rules or 526
policies require reports of similar allegations of criminal 527
activity to be made. The law enforcement agency shall, without 528
charge, send a copy of the initial police report, as well as any 529
subsequent, supplemental, or related report, which excludes 530
victim or witness statements or other materials that are part of 531
an active criminal investigation and are exempt from disclosure 532
under chapter 119, to the nearest locally certified domestic 533
violence center within 24 hours after the agency's receipt of 534
the report. The report furnished to the domestic violence center 535
must include a narrative description of the dating violence 536
incident. 537
(13) Whenever a law enforcement officer determines upon 538
probable cause that an act of dating violence has been committed 539
within the jurisdiction, or that a person has violated a 540
condition of pretrial release as provided in s. 903.047 and the 541
original arrest was for an act of dating violence, the officer 542
may arrest the person or persons suspected of its commission and 543
charge such person or persons with the appropriate crime. The 544
decision to arrest and charge does shall not require consent of 545
the victim or consideration of the relationship of the parties. 546
(14)(a) When complaints are received from two or more 547
parties, the officers shall evaluate each complaint separately 548
to determine whether there is probable cause for arrest. 549
(b) If a law enforcement officer has probable cause to 550
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believe that two or more persons have committed a misdemeanor or 551
felony, or if two or more persons make complaints to the 552
officer, the officer must shall try to determine who was the 553
primary aggressor. Arrest is the preferred response only with 554
respect to the primary aggressor and not the preferred response 555
with respect to a person who acts in a reasonable manner to 556
protect or defend himself or herself or another family or 557
household member from dating violence. 558
(15) A person who willfully violates a condition of 559
pretrial release provided in s. 903.047, when the original 560
arrest was for an act of dating violence as defined in this 561
section, commits a misdemeanor of the first degree, punishable 562
as provided in s. 775.082 or s. 775.083, and shall be held in 563
custody until his or her first appearance. 564
(16) A law enforcement officer acting in good faith under 565
this section and the officer's employing agency shall be immune 566
from all liability, civil or criminal, that might otherwise be 567
incurred or imposed by reason of the officer's or agency's 568
actions in carrying out the provisions of this section. 569
Section 2. Paragraph (a) of subsection (5) of section 570
44.407, Florida Statutes, is amended to read: 571
44.407 Elder-focused dispute resolution process.— 572
(5) QUALIFICATIONS FOR ELDERCARING COORDINATORS.— 573
(a) The court shall appoint qualified eldercaring 574
coordinators who: 575
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1. Meet one of the following professional requirements: 576
a. Are licensed as a mental health professional under 577
chapter 491 and hold at least a master's degree in the 578
professional field of practice; 579
b. Are licensed as a psychologist under chapter 490; 580
c. Are licensed as a physician under chapter 458 or 581
chapter 459; 582
d. Are licensed as a nurse under chapter 464 and hold at 583
least a master's degree; 584
e. Are certified by the Florida Supreme Court as a family 585
mediator and hold at least a master's degree; 586
f. Are a member in good standing of The Florida Bar; or 587
g. Are a professional guardian as defined in s. 588
744.102(17) and hold at least a master's degree. 589
2. Have completed all of the following: 590
a. Three years of postlicensure or postcertification 591
practice; 592
b. A family mediation training program certified by the 593
Florida Supreme Court; and 594
c. An eldercaring coordinator training program certified 595
by the Florida Supreme Court. The training must total at least 596
44 hours and must include advanced tactics for dispute 597
resolution of issues related to aging, illness, incapacity, or 598
other vulnerabilities associated with elders, as well as elder, 599
guardianship, and incapacity law and procedures and less 600
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restrictive alternatives to guardianship; phases of eldercaring 601
coordination and the role and functions of an eldercaring 602
coordinator; the elder's role within eldercaring coordination; 603
family dynamics related to eldercaring coordination; eldercaring 604
coordination skills and techniques; multicultural competence and 605
its use in eldercaring coordination; at least 6 hours of the 606
implications of elder abuse, neglect, and exploitation and other 607
safety issues pertinent to the training; at least 4 hours of 608
ethical considerations pertaining to the training; use of 609
technology within eldercaring coordination; and court-specific 610
eldercaring coordination procedures. Pending certification of a 611
training program by the Florida Supreme Court, the eldercaring 612
coordinator must document completion of training that satisfies 613
the hours and the elements prescribed in this sub-subparagraph. 614
3. Have successfully passed a Level 2 background screening 615
as provided in s. 435.04(2) and (3) or are exempt from 616
disqualification under s. 435.07. The prospective eldercaring 617
coordinator must submit a full set of fingerprints to the court 618
or to a vendor, entity, or agency authorized by s. 943.053(13). 619
The court, vendor, entity, or agency shall forward the 620
fingerprints to the Department of Law Enforcement for state 621
processing, and the Department of Law Enforcement shall forward 622
the fingerprints to the Federal Bureau of Investigation for 623
national processing. The prospective eldercaring coordinator 624
shall pay the fees for state and federal fingerprint processing. 625
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The state cost for fingerprint processing shall be as provided 626
in s. 943.053(3)(e) for records provided to persons or entities 627
other than those specified as exceptions therein. 628
4. Have not been a respondent in a final order granting an 629
injunction for protection against domestic violence, dating 630
violence, sexual violence, or repeat violence, serious violence 631
by a known person, or stalking or exploitation of an elder or a 632
disabled person. 633
5. Have met any additional qualifications the court may 634
require to address issues specific to the parties. 635
Section 3. Paragraph (c) of subsection (2) of section 636
61.13, Florida Statutes, is amended to read 637
61.13 Support of children; parenting and time-sharing; 638
powers of court.— 639
(2) 640
(c) The court shall determine all matters relating to 641
parenting and time-sharing of each minor child of the parties in 642
accordance with the best interests of the child and in 643
accordance with the Uniform Child Custody Jurisdiction and 644
Enforcement Act, except that modification of a parenting plan 645
and time-sharing schedule requires a showing of a substantial 646
and material change of circumstances. 647
1. It is the public policy of this state that each minor 648
child has frequent and continuing contact with both parents 649
after the parents separate or the marriage of the parties is 650
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dissolved and to encourage parents to share the rights and 651
responsibilities, and joys, of childrearing. Unless otherwise 652
provided in this section or agreed to by the parties, there is a 653
rebuttable presumption that equal time-sharing of a minor child 654
is in the best interests of the minor child. To rebut this 655
presumption, a party must prove by a preponderance of the 656
evidence that equal time-sharing is not in the best interests of 657
the minor child. Except when a time-sharing schedule is agreed 658
to by the parties and approved by the court, the court must 659
evaluate all of the factors set forth in subsection (3) and make 660
specific written findings of fact when creating or modifying a 661
time-sharing schedule. 662
2. The court shall order that the parental responsibility 663
for a minor child be shared by both parents unless the court 664
finds that shared parental responsibility would be detrimental 665
to the child. In determining detriment to the child, the court 666
shall consider: 667
a. Evidence of domestic violence, as defined in s. 741.28; 668
b. Whether either parent has or has had reasonable cause 669
to believe that he or she or his or her minor child or children 670
are or have been in imminent danger of becoming victims of an 671
act of domestic violence as defined in s. 741.28 or sexual 672
violence as defined in s. 784.046(1) s. 784.046(1)(c) by the 673
other parent against the parent or against the child or children 674
whom the parents share in common regardless of whether a cause 675
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of action has been brought or is currently pending in the court; 676
c. Whether either parent has or has had reasonable cause 677
to believe that his or her minor child or children are or have 678
been in imminent danger of becoming victims of an act of abuse, 679
abandonment, or neglect, as those terms are defined in s. 39.01, 680
by the other parent against the child or children whom the 681
parents share in common regardless of whether a cause of action 682
has been brought or is currently pending in the court; and 683
d. Any other relevant factors. 684
3. The following evidence creates a rebuttable presumption 685
that shared parental responsibility is detrimental to the child: 686
a. A parent has been convicted of a misdemeanor of the 687
first degree or higher involving domestic violence, as defined 688
in s. 741.28 and chapter 775; 689
b. A parent meets the criteria of s. 39.806(1)(d); or 690
c. A parent has been convicted of or had adjudication 691
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 692
at the time of the offense: 693
(I) The parent was 18 years of age or older. 694
(II) The victim was under 18 years of age or the parent 695
believed the victim to be under 18 years of age. 696
697
If the presumption is not rebutted after the convicted parent is 698
advised by the court that the presumption exists, shared 699
parental responsibility, including time-sharing with the child, 700
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and decisions made regarding the child, may not be granted to 701
the convicted parent. However, the convicted parent is not 702
relieved of any obligation to provide financial support. If the 703
court determines that shared parental responsibility would be 704
detrimental to the child, it may order sole parental 705
responsibility and make such arrangements for time-sharing as 706
specified in the parenting plan as will best protect the child 707
or abused spouse from further harm. Whether or not there is a 708
conviction of any offense of domestic violence or child abuse or 709
the existence of an injunction for protection against domestic 710
violence, the court shall consider evidence of domestic violence 711
or child abuse as evidence of detriment to the child. 712
4. In ordering shared parental responsibility, the court 713
may consider the expressed desires of the parents and may grant 714
to one party the ultimate responsibility over specific aspects 715
of the child's welfare or may divide those responsibilities 716
between the parties based on the best interests of the child. 717
Areas of responsibility may include education, health care, and 718
any other responsibilities that the court finds unique to a 719
particular family. 720
5. The court shall order sole parental responsibility for 721
a minor child to one parent, with or without time-sharing with 722
the other parent if it is in the best interests of the minor 723
child. 724
6. There is a rebuttable presumption against granting 725
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time-sharing with a minor child if a parent has been convicted 726
of or had adjudication withheld for an offense enumerated in s. 727
943.0435(1)(h)1.a., and at the time of the offense: 728
a. The parent was 18 years of age or older. 729
b. The victim was under 18 years of age or the parent 730
believed the victim to be under 18 years of age. 731
732
A parent may rebut the presumption upon a specific finding in 733
writing by the court that the parent poses no significant risk 734
of harm to the child and that time-sharing is in the best 735
interests of the minor child. If the presumption is rebutted, 736
the court must consider all time-sharing factors in subsection 737
(3) when developing a time-sharing schedule. 738
7. Access to records and information pertaining to a minor 739
child, including, but not limited to, medical, dental, and 740
school records, may not be denied to either parent. Full rights 741
under this subparagraph apply to either parent unless a court 742
order specifically revokes these rights, including any 743
restrictions on these rights as provided in a domestic violence 744
injunction. A parent having rights under this subparagraph has 745
the same rights upon request as to form, substance, and manner 746
of access as are available to the other parent of a child, 747
including, without limitation, the right to in-person 748
communication with medical, dental, and education providers. 749
Section 4. Paragraph (a) of subsection (3) of section 750
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61.1825, Florida Statutes, is amended to read: 751
61.1825 State Case Registry.— 752
(3)(a) For the purpose of this section, a family violence 753
indicator must be placed on a record when: 754
1. A party executes a sworn statement requesting that a 755
family violence indicator be placed on that party's record which 756
states that the party has reason to believe that release of 757
information to the Federal Case Registry may result in physical 758
or emotional harm to the party or the child; or 759
2. A temporary or final injunction for protection against 760
domestic violence has been granted pursuant to s. 741.30(6), an 761
injunction for protection against domestic violence has been 762
issued by a court of a foreign state pursuant to s. 741.315, or 763
a temporary or final injunction for protection against repeat 764
violence has been granted pursuant to s. 784.046; or 765
3. The department has received information on a Title IV-D 766
case from the Domestic Violence, Dating Violence, Sexual 767
Violence, and Repeat Violence, and Serious Violence by a Known 768
Person Injunction Statewide Verification System, established 769
pursuant to s. 784.046(8)(b), that a court has granted a party a 770
domestic violence or repeat violence injunction. 771
Section 5. Paragraph (e) of subsection (2) of section 772
394.4597, Florida Statutes, is amended to read: 773
394.4597 Persons to be notified; patient's 774
representative.— 775
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(2) INVOLUNTARY PATIENTS.— 776
(e) The following persons are prohibited from selection as 777
a patient's representative: 778
1. A professional providing clinical services to the 779
patient under this part. 780
2. The licensed professional who initiated the involuntary 781
examination of the patient, if the examination was initiated by 782
professional certificate. 783
3. An employee, an administrator, or a board member of the 784
facility providing the examination of the patient. 785
4. An employee, an administrator, or a board member of a 786
treatment facility providing treatment for the patient. 787
5. A person providing any substantial professional 788
services to the patient, including clinical services. 789
6. A creditor of the patient. 790
7. A person subject to an injunction for protection 791
against domestic violence under s. 741.30, whether the order of 792
injunction is temporary or final, and for which the patient was 793
the petitioner. 794
8. A person subject to an injunction for protection 795
against repeat violence, stalking, sexual violence, or dating 796
violence, or serious violence by a known person under s. 797
784.046, whether the order of injunction is temporary or final, 798
and for which the patient was the petitioner. 799
Section 6. Paragraph (h) of subsection (2) of section 800
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394.4598, Florida Statutes, is amended to read: 801
394.4598 Guardian advocate.— 802
(2) The following persons are prohibited from appointment 803
as a patient's guardian advocate: 804
(h) A person subject to an injunction for protection 805
against repeat violence, stalking, sexual violence, or dating 806
violence, or serious violence by a known person under s. 807
784.046, whether the order of injunction is temporary or final, 808
and for which the patient was the petitioner. 809
Section 7. Paragraph (b) of subsection (2) of section 810
741.313, Florida Statutes, is amended to read: 811
741.313 Unlawful action against employees seeking 812
protection.— 813
(2) 814
(b) This section applies if an employee uses the leave 815
from work to: 816
1. Seek an injunction for protection against domestic 817
violence or an injunction for protection in cases of repeat 818
violence, dating violence, or sexual violence, or serious 819
violence by a known person; 820
2. Obtain medical care or mental health counseling, or 821
both, for the employee or a family or household member to 822
address physical or psychological injuries resulting from the 823
act of domestic violence or sexual violence; 824
3. Obtain services from a victim services organization, 825
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including, but not limited to, a domestic violence shelter or 826
program or a rape crisis center as a result of the act of 827
domestic violence or sexual violence; 828
4. Make the employee's home secure from the perpetrator of 829
the domestic violence or sexual violence or to seek new housing 830
to escape the perpetrator; or 831
5. Seek legal assistance in addressing issues arising from 832
the act of domestic violence or sexual violence or to attend and 833
prepare for court-related proceedings arising from the act of 834
domestic violence or sexual violence. 835
Section 8. Subsection (1) of section 784.047, Florida 836
Statutes, is amended to read: 837
784.047 Penalties for violating protective injunction 838
against violators.— 839
(1) A person who willfully violates an injunction for 840
protection against repeat violence, sexual violence, or dating 841
violence, or serious violence by a known person issued pursuant 842
to s. 784.046, or a foreign protection order accorded full faith 843
and credit pursuant to s. 741.315 by: 844
(a) Refusing to vacate the dwelling that the parties 845
share; 846
(b) Going to, or being within 500 feet of, the 847
petitioner's residence, school, place of employment, or a 848
specified place frequented regularly by the petitioner and any 849
named family or household member; 850
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(c) Committing an act of repeat violence, sexual violence, 851
or dating violence, or serious violence by a known person 852
against the petitioner; 853
(d) Committing any other violation of the injunction 854
through an intentional unlawful threat, word, or act to do 855
violence to the petitioner; 856
(e) Telephoning, contacting, or otherwise communicating 857
with the petitioner directly or indirectly, unless the 858
injunction specifically allows indirect contact through a third 859
party; 860
(f) Knowingly and intentionally coming within 100 feet of 861
the petitioner's motor vehicle, whether or not that vehicle is 862
occupied; 863
(g) Defacing or destroying the petitioner's personal 864
property, including the petitioner's motor vehicle; or 865
(h) Refusing to surrender firearms or ammunition if 866
ordered to do so by the court, 867
868
commits a misdemeanor of the first degree, punishable as 869
provided in s. 775.082 or s. 775.083, except as provided in 870
subsection (2). 871
Section 9. Subsection (4) of section 784.048, Florida 872
Statutes, is amended to read: 873
784.048 Stalking; definitions; penalties.— 874
(4) A person who, after an injunction for protection 875
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against repeat violence, sexual violence, or dating violence, or 876
serious violence by a known person pursuant to s. 784.046, or an 877
injunction for protection against domestic violence pursuant to 878
s. 741.30, or after any other court-imposed prohibition of 879
conduct toward the subject person or that person's property, 880
knowingly, willfully, maliciously, and repeatedly follows, 881
harasses, or cyberstalks another person commits the offense of 882
aggravated stalking, a felony of the third degree, punishable as 883
provided in s. 775.082, s. 775.083, or s. 775.084. 884
Section 10. Paragraph (m) of subsection (2) of section 885
934.03, Florida Statutes, is amended to read: 886
934.03 Interception and disclosure of wire, oral, or 887
electronic communications prohibited.— 888
(2) 889
(m) It is lawful under this section and ss. 934.04-934.09 890
for a person who is protected under an active temporary or final 891
injunction for repeat violence, sexual violence, or dating 892
violence, or serious violence by a known person under s. 893
784.046; stalking under s. 784.0485; domestic violence under s. 894
741.30; or any other court-imposed prohibition of conduct toward 895
the person to intercept and record a wire, oral, or electronic 896
communication received in violation of such injunction or court 897
order. A recording authorized under this paragraph may be 898
provided to a law enforcement agency, an attorney, or a court 899
for the purpose of evidencing a violation of an injunction or 900
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court order if the subject of the injunction or court order 901
prohibiting contact has been served the injunction or is on 902
notice that the conduct is prohibited. A recording authorized 903
under this paragraph may not be otherwise disseminated or 904
shared. 905
Section 11. For the purpose of incorporating the amendment 906
made by this act to section 784.046, Florida Statutes, in 907
references thereto, paragraphs (a), (c), and (d) of subsection 908
(8) of section 28.2221, Florida Statutes, are reenacted to read: 909
28.2221 Electronic access to official records.— 910
(8)(a) Each county recorder or clerk of the court must 911
make the identity of each respondent against whom a final 912
judgment for an injunction for the protection of a minor under 913
s. 741.30, s. 784.046, or s. 784.0485 is entered, as well as the 914
fact that a final judgment for an injunction for the protection 915
of a minor under s. 741.30, s. 784.046, or s. 784.0485 has been 916
entered against that respondent, publicly available on the 917
county recorder's or clerk of the court's official website, 918
unless the respondent is a minor. The identity and information 919
required under this subsection must be viewable through a 920
searchable database that is available in a clear and conspicuous 921
location on the homepage of the county recorder's or clerk of 922
the court's official website and must be available for search by 923
the general public. 924
(c) Any information specified in this subsection not made 925
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available by the county clerk of the court as provided in this 926
subsection before July 1, 2024, must be made publicly available 927
on the county recorder's or clerk of the court's official 928
website if the affected party identifies the information and 929
requests that such information be added for general public 930
display. Such request must be in writing and delivered by mail, 931
facsimile, or electronic transmission or in person to the county 932
recorder or clerk of the court. The request must specify the 933
case number assigned to the final judgment for an injunction for 934
the protection of a minor under s. 741.30, s. 784.046, or s. 935
784.0485. A fee may not be charged for the addition of 936
information pursuant to such request. 937
(d) No later than 30 days after July 1, 2024, notice of 938
the right of any affected party to request the addition of 939
information to the searchable database on the county recorder's 940
or clerk of the court's official website pursuant to this 941
subsection must be conspicuously and clearly displayed by the 942
county recorder or clerk of the court on the county recorder's 943
or clerk of the court's official website on which images or 944
copies of the county's public records are placed and in the 945
office of each county recorder or clerk of the court. Such 946
notice must contain appropriate instructions for making the 947
addition of information request in person, by mail, by 948
facsimile, or by electronic transmission. The notice must state, 949
in substantially similar form, that any person has a right to 950
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request that a county recorder or clerk of the court add 951
information to the searchable database on the county recorder's 952
or clerk of the court's official website if that information 953
involves the identity of a respondent against whom a final 954
judgment for an injunction for the protection of a minor under 955
s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the 956
respondent is a minor. The notice must also state that the 957
information related to the identity of each respondent against 958
whom a final judgment for an injunction for the protection of a 959
minor under s. 741.30, s. 784.046, or s. 784.0485 is entered is 960
available for search by the general public. The notice must 961
include step-by-step instructions detailing how a user can 962
access the searchable database and search for such information. 963
Such request must be made in writing and delivered by mail, 964
facsimile, or electronic transmission or in person to the county 965
recorder or clerk of the court. The request must specify the 966
case number assigned to the final judgment for an injunction for 967
the protection of a minor under s. 741.30, s. 784.046, or s. 968
784.0485. A fee may not be charged for the addition of a 969
document pursuant to such request. 970
Section 12. For the purpose of incorporating the amendment 971
made by this act to section 784.046, Florida Statutes, in a 972
reference thereto, paragraph (i) of subsection (2) of section 973
28.35, Florida Statutes, is reenacted to read: 974
28.35 Florida Clerks of Court Operations Corporation.— 975
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(2) The duties of the corporation shall include the 976
following: 977
(i) Annually preparing a budget request which, 978
notwithstanding the provisions of chapter 216 and in accordance 979
with s. 216.351, provides the anticipated amount necessary for 980
reimbursement pursuant to ss. 40.29(6), 741.30(2)(a), 981
784.046(3)(b), 784.0485(2)(a), and 825.1035(4)(i). The request 982
for the anticipated reimbursement amount must be submitted in 983
the form and manner prescribed by the Justice Administrative 984
Commission. Such request is not subject to change by the Justice 985
Administrative Commission, except for technical changes 986
necessary to conform to the legislative budget instructions, and 987
must be submitted to the Governor for transmittal to the 988
Legislature. 989
Section 13. For the purpose of incorporating the amendment 990
made by this act to section 784.046, Florida Statutes, in a 991
reference thereto, subsection (8) of section 57.105, Florida 992
Statutes, is reenacted to read: 993
57.105 Attorney's fee; sanctions for raising unsupported 994
claims or defenses; exceptions; service of motions; damages for 995
delay of litigation.— 996
(8) Attorney fees may not be awarded under this section in 997
proceedings for an injunction for protection pursuant to s. 998
741.30, s. 784.046, or s. 784.0485, unless the court finds by 999
clear and convincing evidence that the petitioner knowingly made 1000
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a false statement or allegation in the petition or that the 1001
respondent knowingly made a false statement or allegation in an 1002
asserted defense, with regard to a material matter as defined in 1003
s. 837.011(3). 1004
Section 14. For the purpose of incorporating the amendment 1005
made by this act to section 784.046, Florida Statutes, in a 1006
reference thereto, subsection (1) of section 61.1827, Florida 1007
Statutes, is reenacted to read: 1008
61.1827 Identifying information concerning applicants for 1009
and recipients of child support services.— 1010
(1) Any information that reveals the identity of 1011
applicants for or recipients of child support services, 1012
including the name, address, and telephone number of such 1013
persons, held by a non-Title IV-D county child support 1014
enforcement agency is confidential and exempt from s. 119.07(1) 1015
and s. 24(a), Art. I of the State Constitution. The use or 1016
disclosure of such information by the non-Title IV-D county 1017
child support enforcement agency is limited to the purposes 1018
directly connected with: 1019
(a) Any investigation, prosecution, or criminal or civil 1020
proceeding connected with the administration of any non-Title 1021
IV-D county child support enforcement program; 1022
(b) Mandatory disclosure of identifying and location 1023
information as provided in s. 61.13(7) by the non-Title IV-D 1024
county child support enforcement agency when providing non-Title 1025
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IV-D services; 1026
(c) Mandatory disclosure of information as required by ss. 1027
409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the 1028
Social Security Act; or 1029
(d) Disclosure to an authorized person, as defined in 45 1030
C.F.R. s. 303.15, for purposes of enforcing any state or federal 1031
law with respect to the unlawful taking or restraint of a child 1032
or making or enforcing a parenting plan. As used in this 1033
paragraph, the term "authorized person" includes a parent with 1034
whom the child does not currently reside, unless a court has 1035
entered an order under s. 741.30, s. 741.31, or s. 784.046. 1036
Section 15. For the purpose of incorporating the amendment 1037
made by this act to section 784.046, Florida Statutes, in a 1038
reference thereto, subsection (2) of section 741.311, Florida 1039
Statutes, is reenacted to read: 1040
741.311 Hope Card Program for persons issued orders of 1041
protection.— 1042
(2) Beginning October 1, 2024, a person who has been 1043
issued a final judgment on injunction for protection under s. 1044
741.30, s. 784.046, s. 784.0485, or s. 825.1035 may request a 1045
Hope Card from the clerk of the court of the circuit in which 1046
the order for an injunction for protection was entered. A person 1047
may request a Hope Card at the time the final judgment on 1048
injunction for protection is issued or at any other time before 1049
the expiration of the order for protection. 1050
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Section 16. For the purpose of incorporating the amendment 1051
made by this act to section 784.046, Florida Statutes, in a 1052
reference thereto, subsection (2) of section 741.315, Florida 1053
Statutes, is reenacted to read: 1054
741.315 Recognition of foreign protection orders.— 1055
(2) Pursuant to 18 U.S.C. s. 2265, an injunction for 1056
protection against domestic violence issued by a court of a 1057
foreign state must be accorded full faith and credit by the 1058
courts of this state and enforced by a law enforcement agency as 1059
if it were the order of a Florida court issued under s. 741.30, 1060
s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487, 1061
and provided that the court had jurisdiction over the parties 1062
and the matter and that reasonable notice and opportunity to be 1063
heard was given to the person against whom the order is sought 1064
sufficient to protect that person's right to due process. Ex 1065
parte foreign injunctions for protection are not eligible for 1066
enforcement under this section unless notice and opportunity to 1067
be heard have been provided within the time required by the 1068
foreign state or tribal law, and in any event within a 1069
reasonable time after the order is issued, sufficient to protect 1070
the respondent's due process rights. 1071
Section 17. For the purpose of incorporating the amendment 1072
made by this act to section 784.046, Florida Statutes, in 1073
references thereto, paragraph (e) of subsection (2) and 1074
paragraph (c) of subsection (3) of section 790.401, Florida 1075
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Statutes, are reenacted to read: 1076
790.401 Risk protection orders.— 1077
(2) PETITION FOR A RISK PROTECTION ORDER.—There is created 1078
an action known as a petition for a risk protection order. 1079
(e) A petition must: 1080
1. Allege that the respondent poses a significant danger 1081
of causing personal injury to himself or herself or others by 1082
having a firearm or any ammunition in his or her custody or 1083
control or by purchasing, possessing, or receiving a firearm or 1084
any ammunition, and must be accompanied by an affidavit made 1085
under oath stating the specific statements, actions, or facts 1086
that give rise to a reasonable fear of significant dangerous 1087
acts by the respondent; 1088
2. Identify the quantities, types, and locations of all 1089
firearms and ammunition the petitioner believes to be in the 1090
respondent's current ownership, possession, custody, or control; 1091
and 1092
3. Identify whether there is a known existing protection 1093
order governing the respondent under s. 741.30, s. 784.046, or 1094
s. 784.0485 or under any other applicable statute. 1095
(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.— 1096
(c) In determining whether grounds for a risk protection 1097
order exist, the court may consider any relevant evidence, 1098
including, but not limited to, any of the following: 1099
1. A recent act or threat of violence by the respondent 1100
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against himself or herself or others, whether or not such 1101
violence or threat of violence involves a firearm. 1102
2. An act or threat of violence by the respondent within 1103
the past 12 months, including, but not limited to, acts or 1104
threats of violence by the respondent against himself or herself 1105
or others. 1106
3. Evidence of the respondent being seriously mentally ill 1107
or having recurring mental health issues. 1108
4. A violation by the respondent of a risk protection 1109
order or a no contact order issued under s. 741.30, s. 784.046, 1110
or s. 784.0485. 1111
5. A previous or existing risk protection order issued 1112
against the respondent. 1113
6. A violation of a previous or existing risk protection 1114
order issued against the respondent. 1115
7. Whether the respondent, in this state or any other 1116
state, has been convicted of, had adjudication withheld on, or 1117
pled nolo contendere to a crime that constitutes domestic 1118
violence as defined in s. 741.28. 1119
8. Whether the respondent has used, or has threatened to 1120
use, against himself or herself or others any weapons. 1121
9. The unlawful or reckless use, display, or brandishing 1122
of a firearm by the respondent. 1123
10. The recurring use of, or threat to use, physical force 1124
by the respondent against another person or the respondent 1125
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stalking another person. 1126
11. Whether the respondent, in this state or any other 1127
state, has been arrested for, convicted of, had adjudication 1128
withheld on, or pled nolo contendere to a crime involving 1129
violence or a threat of violence. 1130
12. Corroborated evidence of the abuse of controlled 1131
substances or alcohol by the respondent. 1132
13. Evidence of recent acquisition of firearms or 1133
ammunition by the respondent. 1134
14. Any relevant information from family and household 1135
members concerning the respondent. 1136
15. Witness testimony, taken while the witness is under 1137
oath, relating to the matter before the court. 1138
Section 18. For the purpose of incorporating the amendment 1139
made by this act to section 784.046, Florida Statutes, in a 1140
reference thereto, subsection (6) of section 901.15, Florida 1141
Statutes, is reenacted to read: 1142
901.15 When arrest by officer without warrant is lawful.—A 1143
law enforcement officer may arrest a person without a warrant 1144
when: 1145
(6) There is probable cause to believe that the person has 1146
committed a criminal act according to s. 790.233 or according to 1147
s. 741.31, s. 784.047, or s. 825.1036 which violates an 1148
injunction for protection entered pursuant to s. 741.30, s. 1149
784.046, or s. 825.1035 or a foreign protection order accorded 1150
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full faith and credit pursuant to s. 741.315, over the objection 1151
of the petitioner, if necessary. 1152
Section 19. For the purpose of incorporating the amendment 1153
made by this act to section 784.046, Florida Statutes, in a 1154
reference thereto, subsection (5) of section 901.41, Florida 1155
Statutes, is reenacted to read: 1156
901.41 Prearrest diversion programs.— 1157
(5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor 1158
crime of domestic violence, as defined in s. 741.28, or a 1159
misdemeanor under s. 741.29, s. 741.31, s. 784.046, s. 784.047, 1160
s. 784.048, s. 784.0487, or s. 784.049 does not qualify for a 1161
civil citation or prearrest diversion program. 1162
Section 20. For the purpose of incorporating the amendment 1163
made by this act to section 784.046, Florida Statutes, in a 1164
reference thereto, paragraph (p) of subsection (6) of section 1165
921.141, Florida Statutes, is reenacted to read: 1166
921.141 Sentence of death or life imprisonment for capital 1167
felonies; further proceedings to determine sentence.— 1168
(6) AGGRAVATING FACTORS.—Aggravating factors shall be 1169
limited to the following: 1170
(p) The capital felony was committed by a person subject 1171
to an injunction issued pursuant to s. 741.30 or s. 784.046, or 1172
a foreign protection order accorded full faith and credit 1173
pursuant to s. 741.315, and was committed against the petitioner 1174
who obtained the injunction or protection order or any spouse, 1175
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child, sibling, or parent of the petitioner. 1176
Section 21. For the purpose of incorporating the amendment 1177
made by this act to section 784.046, Florida Statutes, in a 1178
reference thereto, paragraph (j) of subsection (7) of section 1179
921.1425, Florida Statutes, is reenacted to read: 1180
921.1425 Sentence of death or life imprisonment for 1181
capital sexual battery; further proceedings to determine 1182
sentence.— 1183
(7) AGGRAVATING FACTORS.—Aggravating factors shall be 1184
limited to the following: 1185
(j) The capital felony was committed by a person subject 1186
to an injunction issued pursuant to s. 741.30 or s. 784.046, or 1187
a foreign protection order accorded full faith and credit 1188
pursuant to s. 741.315, and was committed against the petitioner 1189
who obtained the injunction or protection order or any spouse, 1190
child, sibling, or parent of the petitioner. 1191
Section 22. For the purpose of incorporating the amendment 1192
made by this act to section 784.046, Florida Statutes, in a 1193
reference thereto, paragraph (i) of subsection (7) of section 1194
921.1427, Florida Statutes, is reenacted to read: 1195
921.1427 Sentence of death or life imprisonment for 1196
capital human trafficking of vulnerable persons for sexual 1197
exploitation; further proceedings to determine sentence.— 1198
(7) AGGRAVATING FACTORS.—Aggravating factors shall be 1199
limited to the following: 1200
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(i) The capital felony was committed by a person subject 1201
to an injunction issued pursuant to s. 741.30 or s. 784.046, or 1202
a foreign protection order accorded full faith and credit 1203
pursuant to s. 741.315, and was committed against the petitioner 1204
who obtained the injunction or protection order or any spouse, 1205
child, sibling, or parent of the petitioner. 1206
Section 23. For the purpose of incorporating the amendment 1207
made by this act to section 784.046, Florida Statutes, in a 1208
reference thereto, subsection (3) of section 934.425, Florida 1209
Statutes, is reenacted to read: 1210
934.425 Installation or use of tracking devices or 1211
tracking applications; exceptions; penalties.— 1212
(3) For purposes of this section, a person's consent is 1213
presumed to be revoked if: 1214
(a) The consenting person and the person to whom consent 1215
was given are lawfully married and one person files a petition 1216
for dissolution of marriage from the other; or 1217
(b) The consenting person or the person to whom consent 1218
was given files an injunction for protection against the other 1219
person pursuant to s. 741.30, s. 741.315, s. 784.046, or s. 1220
784.0485. 1221
Section 24. This act shall take effect July 1, 2026. 1222