HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 45 Hope Cards for Persons Issued Orders of Protection
SPONSOR(S): Justice Appropriations Subcommittee, Civil Justice Subcommittee, Gottlieb and others
TIED BILLS: IDEN./SIM. BILLS: SB 86
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 16 Y, 0 N, As CS Mathews Jones
2) Justice Appropriations Subcommittee 13 Y, 0 N, As CS Smith Keith
3) Judiciary Committee 20 Y, 0 N Mathews Kramer
SUMMARY ANALYSIS
Pursuant to s. 741.28, F.S., domestic violence means any assault, aggravated assault, battery, aggravated battery,
sexual assault, aggravated sexual assault, stalking, aggravated stalking, kidnapping, false imprisonment, or any
other criminal offense resulting in physical injury or death of one family or household member by another family or
household member. To protect himself or herself from abuse or threats of abuse, a domestic violence victim may
petition for a protective injunction.
In certain matters, a court may grant civil “injunctive relief” to prohibit a person from committing certain actions. For
example, a victim of domestic violence may petition the court for protection against domestic violence enjoining the
respondent from being near the petitioner.
Chapter 741, F.S., provides a process for an alleged victim to seek protection from domestic violence. Generally, a
petitioner files a sworn notarized petition with the circuit court seeking a protective order or injunction for protection
against domestic violence. Upon review of the petition and any supporting documents by a judge, one of three ex
parte actions generally occurs:
 The petition for injunction is denied, and the judge must provide written findings detailing the reasons for the
denial;
 A temporary injunction is issued and a return hearing is set to be held within 15 days as a final hearing on
the matter; or
 The injunction is denied but a return hearing is set for the matter to be heard in court with both parties
having the opportunity to be present and to present testimony and evidence.
Following a hearing, the court may either issue a final injunction or deny the petition and close the case. A final
injunction may be issued for a set period of time or may remain in place indefinitel y. The terms of an injunction
remain in effect until it expires, is modified, or is dissolved by court order.
CS/CS/HB 45 creates s. 741.311, F.S., establishing the Hope Card Program to provide a wallet -sized card to a
person issued a final injunction for protection by a county or circuit court in Florida. The bill directs the clerks of the
court to develop and implement the program in consultation with the Attorney General. Under the bill, a person who
has been issued a final injunction for protection against domestic violence, stalking, repeat violence, sexual
violence, dating violence, or abuse or exploitation of an elderly person or disabled adult may apply for a Hope Card
with the clerk of the court where the petition was originally filed.
The bill provides specifications for the form and content of the card and imposes time limitations on when the card
must be produced and provided to the applicant. Under the bill, a Hope Card is valid for up to two years after its
issuance but may be renewed if the injunction remains in effect. The bill provides a criminal penalty for the
intentional misuse of a Hope Card or a document purporting to be a Hope Card.
The bill has an indeterminate negative fiscal impact on the clerks of court; however, it is anticipat ed that any impact
can be absorbed within existing resources. See Fiscal Comments. The bill provides an effective date of October 1,
2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Domestic Violence
Domestic violence means any criminal offense resulting in the physical injury or death of one family or
household member1 by another family or household member,2 including:
 Assault;3
 Aggravated assault;4
 Battery;5
 Aggravated battery;6
 Sexual assault;7
 Sexual battery;8
 Stalking;9
 Aggravated stalking;10
 Kidnapping;11 and
 False imprisonment.12
In 2020, the last statistical report provided by the Florida Department of Law Enforcement indicated
Florida law enforcement agencies received 106,615 domestic violence reports,13 resulting in 63,345
arrests.14 During fiscal year 2021-2022, Florida’s 41 certified domestic violence shelters 15 admitted
11,811 victims to a residential services program and 38,630 victims to a non-residential outreach
1 “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons p re s en tl y re s i d i ng
together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in co mmon
regardless of whether they have been married. With the exception of persons who have a child in common, the family or househo ld
members must be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28(3), F.S.
2 S. 741.28(2), F.S.
3 “Assault” means an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so,
creating a well-founded fear in such other person that violence is imminent. S. 784.011, F.S.
4 “Aggravated assault” means an assault with a deadly weapon without intent to kill, or an assault with intent to commit a felony. S.
784.021, F.S.
5 “Battery” means the actual and intentional touching or striking of another against his or her will or intentionally causing bodily h a rm to
another. S. 784.03, F.S.
6 “Aggravated battery” means a battery in which the offender intentionally or knowingly caused great bodily harm, permanent dis abi li ty,
or permanent disfigurement; used a deadly weapon; or victimized a perso n the offender knew or should have known was pre g n a n t. S.
784.045, F.S.
7 “Sexual assault” has the same meaning as sexual battery.
8 “Sexual battery” means oral, anal, or vaginal penetration by, or in union with, the sexual organ of another or the anal or vaginal
penetration of another by any object, but does not include an act done for a bona fide medical purpose. S. 794.011(1)(h), F.S .
9 “Stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another. S. 784.048(2), F.S.
10 “Aggravated stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another and making a
credible threat to that person. S. 784.048(3), F.S.
11 “Kidnapping” means forcibly, secretly, or by threat confining, abdu cting, or imprisoning another against his or her will and without
lawful authority with the intent to hold for ransom or reward or as a shield or hostage; commit or facilitate a felony; infli ct bodily harm
upon or terrorize another; or interfere with the performance of any governmental or political function. S. 787.01(1), F.S.
12 “False imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining anothe r p e rs o n w i th o ut
lawful authority and against his or her will. S. 787.02(1), F.S.
13 Florida Department of Law Enforcement, Statewide Reported Domestic Violence Offenses in Florida, 1992 -2020,
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/02/DV_Offenses_by_Type.aspx (last visited Jan. 22,
2024).
14 Florida Department of Law Enforcement, Florida’s County and Jurisdictional Domestic Violence Related Arrests, 2020 ,
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/07/DV_Jurisdiction_Arrests_2020.aspx (last visited
Jan. 22, 2024).
15 “Domestic violence shelter” means an agency providing services to domestic violence victims as its primary mission. The Flori da
Department of Children and Families operates the statewide Domestic Violence Program, responsible for certifying d omestic vi o l e n ce
centers. Section 39.905, F.S., and ch. 65H-1, F.A.C., set forth the minimum domestic violence center certification standards.
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 services program.16 During the same year, the domestic violence centers answered 81,357 crisis
hotline calls, completed 171,008 safety plans with survivors, and provided 380,040 direct service
information and referrals to survivors, family members, and individuals seeking services. 17
Repeat Violence, Sexual Violence, and Dating Violence
Pursuant to s. 784.046, F.S., “sexual violence” means any one of the following incidents, regardless of
whether criminal charges were filed, reduced, or dismissed:
 Sexual battery, as defined under ch. 794, F.S.;
 A lewd or lascivious act committed upon or in the presence of a person under 16 years of age;
 Luring or enticing a child;
 Sexual performance by a child; or
 Any other forcible felony wherein a sexual act is committed or attempted.
“Dating violence” is violence between two people who have had or continue to have a significant
relationship of a romantic or intimate nature.18 Unlike with domestic violence, there is no requirement
that the alleged victim and aggressor reside together in the same home. Further, the existence of
dating violence is proven based on a consideration of the following factors: 19
 A dating relationship must have existed within the past 6 months;
 The nature of the relationship must have been characterized by the expectation of affection or
sexual involvement between the parties; and
 The frequency and type of interaction between the persons involved in the relationship must
have included that the persons have been involved over time and on a continuous basis during
the course of the relationship.
“Repeat violence” means two incidents of violence or stalking committed by the respondent, one of
which must have been within 6 months of the filing of the petition, which are directed at the petitioner,
or the petitioner’s immediate family member.20
Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults
Section 825.103, F.S., prohibits specified exploitation of elderly persons or disabled adults and
provides criminal penalties for a violation. Under s. 825.101(4), F.S., an elderly person is defined as a
person 60 years of age or older who is suffering from the infirmities of aging as manifested by
advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, to the
extent that the ability of the person to provide adequately for the person’s own care or protection is
impaired. A disabled adult is defined as a person 18 years of age or older who suffers from a condition
of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental
illness, or who has one or more physical or mental limitations that restrict the person’s ability to perform
the normal activities of daily living.21
Under s. 825.103, F.S., exploitation of an elderly person or disabled adult (EPDA) means:
 Knowingly obtaining or using, or endeavoring to obtain or use, an EPDA’s funds, assets, or
property with the intent to temporarily or permanently deprive the EPDA of the use, benefit, or
possession of the funds, assets, or property, or to benefit someone other than the EPDA, by a
person who:
o Stands in a position of trust and confidence with the EPDA; or
o Has a business relationship with the EPDA.22
16 Florida Department of Children and Families , 2022 Domestic Violence Annual Report
https://www.myflfamilies.com/sites/default/files/2023-02/Domestic_Violence_Annual_Report_2021-22.pdf (last visited Jan. 22, 2024).
17 Id.
18 S. 784.046(1)(d), F.S.
19 Id.
20 S. 784.046(1)(b), F.S.
21 S. 825.101(3), F.S.
22 S. 825.103(1)(a), F.S.
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  Obtaining or using, or endeavoring to obtain or use, or conspiring with another to obtain or use
an EPDA’s funds, assets, or property with the intent to temporarily or permanently deprive the
EPDA of the use, benefit, or possession of the funds, assets, or property, or to benefit someone
other than the EPDA, by a person who knows or reasonably should know that the EPDA lacks
the capacity23 to consent.24
 Breach of a fiduciary duty to an EPDA by the person’s guardian, trustee, or agent under a
power of attorney which results in an unauthorized appropriation, sale, transfer of property,
kickback,25 or receipt of an improper benefit.26 An unauthorized appropriation occurs when the
EPDA does not receive the reasonably equivalent financial value in goods or services, or when
the fiduciary violates a specified duty.27
 Misappropriating, misusing, or transferring without authorization money belonging to an EPDA
from an account28 in which the EPDA placed the funds, owned the funds, and was the sole
contributor or payee of the funds before the misappropriation, misuse, or unauthorized
transfer.29
 Intentionally and negligently failing to effectively use an EPDA’s income and assets for the
necessities required for that person’s support and maintenance, by a caregiver or a person who
stands in a position of trust and confidence with the EPDA. 30
 Knowingly obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain
or use an EPDA’s funds, assets, property, or estate through intentional modification, alteration,
or fraudulent creation of a plan of distribution or disbursement expressed in a will, trust
agreement, or other testamentary devise of the EPDA without:
o A court order which authorizes the modification or alteration;
o A written instrument executed by the EPDA, sworn to and witnessed by two persons
who would be competent as witnesses to a will, which authorizes the modification or
alteration; or
o Action of an agent under a valid power of attorney which authorizes the modification
or alteration.31
Injunctions for Protection
Domestic Violence Injunctions
An injunction is a court order prohibiting a person from doing a specified act or commanding a person
to undo some wrong or injury.32 An injunction for protection against domestic violence (“domestic
violence injunction”) may be sought by a family or household member. 33 The parties do not need to be
married before a person can seek relief from domestic violence, and a party’s right to seek relief is not
affected by leaving the residence or household to avoid domestic violence. 34
Once a petition for an injunction has been filed with the court, one of three events takes place:
23 “Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder ,
physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause, that causes an elderly
person or disabled adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the
elderly person’s or disabled adult’s person or property. S. 825.101(10), F.S.
24 S. 825.103(1)(b), F.S.
25 “Kickback” means a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an
incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and
necessary expense. S. 456.054(1), F.S.
26 “Improper benefit” means any remuneration or payment, by or on behalf of any service provider or merchant of goods, to any pe rson
as an incentive or inducement to refer customers or patrons for past or future service s or goods. S. 825.101(8), F.S.
27 S. 825.103(1)(c), F.S.
28 This type of exploitation only applies to the following types of accounts: personal accounts; joint accounts created with the intent that
only the elderly person or disabled adult enjoys all rights , interests, and claims to monies deposited into such account; or convenience
accounts created in accordance with s. 655.80, F.S. S. 825.103(d)(1.– 3.), F.S.
29 S. 825.103(1)(d), F.S.
30 S. 825.103(1)(e), F.S.
31 S. 825.103(1)(f), F.S.
32 Black’s Law Dictionary 540 (6th ed. 1995).
33 S. 741.30(1)(e), F.S.
34 S. 741.30(1)(d) and (e), F.S.
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  The court determines the petition has no merit and denies the petition, providing written findings
for the denial;
 The court gran