The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/CS/SB 86
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Criminal and Civil Justice;
Judiciary Committee; Senator Book and others
SUBJECT: Hope Cards for Persons Issued Orders of Protection
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Fav/CS
2. Kolich Harkness ACJ Fav/CS
3. Bond Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 86 requires the clerks of the court to create the Hope Card program for persons
issued orders of protection, such as a domestic violence injunction or an injunction against the
exploitation of a vulnerable adult. Under the program, the Clerks would be required to issue
Hope Cards, which identifies and describes the person who is restrained by an order of
protection, identifies those protected by the order, and provides the telephone number for the
statewide domestic violence hotline. These cards must be issued on a credit-card sized laminated
card or in digital form, without cost to the protected person. Displaying the card is expected to
facilitate the law enforcement response to a violation of the order.
The bill creates a second degree misdemeanor related to using a Hope Card to wrongfully claim
that one is protected by an order of protection.
The bill may have an indeterminate, negative fiscal impact to the Clerks. See Section V., Fiscal
Impact Statement.
The bill is effective October 1, 2024.
BILL: CS/CS/CS/SB 86 Page 2
II. Present Situation:
Injunctions for Protection
Florida has created many forms of injunctive relief protecting persons from harm:
Domestic Violence Injunction
The first injunction against violence was codified in s. 741.30, F.S. It authorizes a family or
household member1 who is either the victim of domestic violence or has reasonable cause to
believe he or she is in imminent danger of becoming the victim of any act of domestic violence
to file in the circuit court a petition for an injunction against domestic violence. The term
“domestic violence” means “any assault, aggravated assault, battery, aggravated battery, sexual
assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any
criminal offense resulting in physical injury or death of one family or household member by
another family or household member.”
Because the injunction is limited to family or household members, similar injunctions have been
developed to protect other persons from harm.
Injunction for Protection Against Repeat Violence, Sexual Violence, or Dating Violence
Section 784.046, F.S., provides that a petition for an injunction for protection against repeat
violence may be filed in the circuit court by a person who is the victim of repeat violence2 or the
parent or legal guardian of any minor child who is living at home. The statute also provides that
a petition for an injunction for protection against dating violence may be filed in the circuit court
by a person who is the victim of dating violence3 and has reasonable cause to believe he or she is
in imminent danger of becoming the victim of another act of dating violence; a person who has
reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of
dating violence; or the parent or legal guardian of any minor child who is living at home and who
seeks an injunction for protection against dating violence on behalf of that minor child.
Section 784.086, F.S., also provides that a petition for an injunction for protection against sexual
violence may be filed in the circuit court by a person who is the victim of sexual violence4 or the
parent or legal guardian of a minor child who is living at home who is the victim of sexual
violence on his or her own behalf or on behalf of the minor child.
1
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are
presently residing 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 common regardless of whether they have been married. With the exception of persons who have a child in
common, the family or household members must be currently residing or have in the past resided together in the same single
dwelling unit. Section 741.28(3), F.S.
2
“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 against the petitioner or the petitioner’s immediate family
member. Section 784.046(1)(b), F.S.
3
“Dating violence” is violence between individuals who have or have had a continuing and significant relationship of a
romantic or intimate nature. This relationship is determined based on specified factors. Section 784.046(1)(d), F.S.
4
“Sexual violence” means any one incident of sexual battery; a lewd or lascivious act committed upon or in the presence of a
person younger than 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, regardless of whether criminal charges based on the incident were filed,
reduced, or dismissed by the state attorney. Section 784.046(1)(c), F.S.
BILL: CS/CS/CS/SB 86 Page 3
Injunction Against Stalking
Section 784.0485, F.S., authorizes a person who is the victim of stalking5 or the parent or legal
guardian of a minor child who is a victim and living at home to file in the circuit court a petition
for an injunction for protection against stalking. For the purposes of injunctions for protection
against stalking, the offense of stalking includes the offense of cyberstalking.6
Injunction for Protection Against Exploitation of a Vulnerable Adult
Section 825.1035, F.S., creates a cause of action for an injunction for protection against
exploitation7 of a vulnerable adult.8 This injunction may be sought by a vulnerable adult in
imminent danger of being exploited; the guardian of a vulnerable adult in imminent danger of
being exploited; a person or organization acting on behalf of the vulnerable adult with the
consent of the vulnerable adult or his or her guardian; an agent under a valid durable power of
attorney with the authority specifically granted in the power of attorney; or a person who
simultaneously files a petition for determination of incapacity and appointment of an emergency
temporary guardian with respect to the vulnerable adult.9
Legal Standard for a Protective Injunction
The procedures for the issuance of a protective injunction issued under ss. 741.30, 784.046,
784.0485 and s. 825.1035, F.S., are similar. As to domestic violence, a person who is the victim
of domestic violence or has reasonable cause to believe he or she is in imminent danger of
becoming a victim of domestic violence has standing to file a sworn petition for an injunction.10
Based on this initial petition, a court may issue a temporary injunction ex-parte.11 During an ex-
parte proceeding, a court is generally not required to review a response from the accused and
may base a temporary injunction on hearsay evidence.12,13 Additional evidence may be
considered, however, if an accused appears at the ex-parte proceeding or has received reasonable
notice of the hearing.14 This ex-parte proceeding is often necessary because “the existence of a
true emergency . . . may sometimes require immediate action that will not permit the movant to
verify each allegation made.” 15
5
The offense of stalking is committed by a person who willfully, maliciously, and repeatedly follows, harasses, or
cyberstalks another person. Section 784.048(2), F.S.
6
“Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or
language by or through the use of electronic mail or electronic communication, directed at a specific person; or to access, or
attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s
permission, causing substantial emotional distress to that person and serving no legitimate purpose. Section 784.048(1)(d),
F.S.
7
Exploitation means exploitation of an elderly person or disabled adult under s. 825.103(1), F.S. Section 825.101(6), F.S.
8
See discussion of the definition of “vulnerable adult,” supra.
9
Section 825.1035(2), F.S.
10
Section 741.30(1)(a), F.S.
11
Section 741.30(5)(c), F.S.
12
Parrish v. Price, 71 So. 3d 132, 134 (Fla. 2d DCA 2011) (holding that a temporary injunction may be based solely on the
petition filed, even if it is almost entirely based on hearsay statements).
13
Additionally, when a “parent files a sworn petition and has reasonable cause to believe the minor child is a victim of sexual
violence by a nonparent, the sworn petition is a presumptively sufficient basis for an injunction.” (emphasis added)
Berthiaume v. B.S. ex rel. A.K., 85 So. 3d 1117, 1119 (Fla. 1st DCA 2012).
14
Section 741.30(5)(b), F.S.
15
Smith v. Crider, 932 So. 2d 393, 399 n. 4 (Fla. 2d DCA 2006).
BILL: CS/CS/CS/SB 86 Page 4
Parties to an injunction are entitled to a full hearing and a temporary injunction is effective for a
maximum of 15 days.16 A full hearing is required prior to the expiration of the temporary
injunction. At the full hearing, the accused must have a reasonable opportunity to prove or
disprove the allegations made in the complaint and is entitled to introduce evidence and cross-
examine witnesses.17 Based upon the full hearing, a court “must consider the current allegations,
the parties’ behavior within the relationship, and the history of the relationship as a whole” to
determine if a permanent injunction is warranted based on the petitioner’s belief that he or she is
in imminent danger of becoming a victim of domestic violence.18
Enforcement of a Protective Injunction
Just as filing and issuance of protective injunctions are similar, so is enforcement. A person who
willfully violates an injunction for protection commits a misdemeanor of the first degree.19 A
third offense related to the same protected person is a third degree felony.20 Similarly, a
warrantless arrest can be made for violation of an injunction if a law enforcement officer has
probable cause to believe that the person has violated an injunction.21 The general rule requiring
a law enforcement officer to witness the offense before making a misdemeanor arrest does not
apply to arrests for violation of an injunction.
Statewide Record of Injunctions
The Florida Department of Law Enforcement is required to create and maintain the Domestic
and Repeat Violence Injunction Statewide Verification System.22 The system is a statewide
communication system capable of electronically transmitting information to and between
criminal justice agencies relating to domestic violence injunctions and repeat violence
injunctions issued by the courts throughout the state. The information must include, but is not
limited to, information as to the existence and status of any injunction for verification purposes.
The system must be notified according to the following requirements:
 Within 24 hours after the court issues an injunction for protection against domestic violence
or changes, continues, extends, or vacates an injunction for protection against domestic
violence, the clerk of the court must electronically transmit a certified copy of the injunction
for service to the sheriff having jurisdiction over the residence of the petitioner.
 Within 24 hours after service of process of an injunction for protection against domestic
violence upon a respondent, the law enforcement officer must electronically transmit the
written proof of service of process to the sheriff having jurisdiction over the residence of the
petitioner.
 Within 24 hours after the sheriff receives a certified copy of the injunction for protection
against domestic violence, the sheriff must make information relating to the injunction
16
A court may, however, grant a continuance for good cause as requested by either party. The temporary injunction may be
extended to include the continuance. Section 741.30(5)(c), F.S.
17
Furry v. Rickles, 68 So. 3d 389, 390 (Fla. 1st DCA 2011) (citing Ohrn v. Wright, 963 So. 2d 298 (Fla. 5th DCA 2007)).
18
Giallanza v. Giallanza, 787 So.2d 162, 164 (Fla. 2d DCA 2001) (citing Gustafson v. Mauck, 743 So. 2d 614, 616 (Fla. 1st
DCA 1999)).
19
Section 741.31(4)(a), F.S. (domestic violence); s. 784.047(1), F.S. (repeat violence, sexual violence, or dating violence),
and s. 825.1036(4)(a), F.S. (exploitation of vulnerable adult).
20
Sections 741.31(4)(c), 784.047(2), and 825.1036(4)(b), F.S.
21
Section 901.15(6)-(7), F.S.
22
Section 741.30(8)(b), F.S.
BILL: CS/CS/CS/SB 86 Page 5
available to other law enforcement agencies by electronically transmitting the information to
the department.
 Within 24 hours after the sheriff or other law enforcement officer has made service upon the
respondent and the sheriff has been so notified, the sheriff must make information relating to
the service available to other law enforcement agencies by electronically transmitting the
information to the department.
The apparent purpose of the statewide verification system is to allow any law enforcement
agency in the state access to injunctions in order to facilitate their enforcement.
III. Effect of Proposed Changes:
The bill requires the clerks of court, consulting with the Attorney General, to develop the Hope
Card Program. The purpose of the program is to issue a Hope Card to any person who has been
issued a final order of protection by a court in this state and who requests a card.
Beginning October 1, 2024, a person who has been issued a final judgment of an injunction for
protection against domestic violence, repeat violence, sexual violence, dating violence, or
exploitation of a vulnerable adult may apply for a Hope Card with the clerk of the court of the
circuit where the petition for an injunction for protection was initially filed. A person may apply
for a Hope Card at the time the final judgment on injunction for protection is issued or at any
other time before the expiration of the order of protection.
The clerk of the court may not assess a fee for the issuance of a Hope Card.
A clerk of court must create and provide the card within 3 business days after request. The card
must be a digital card or a durable, laminated, wallet-sized card containing all of the following
information:
 The respondent’s name and date of birth.
 The name and date of birth of the petitioner or protected person.
 The telephone number for the statewide domestic violence hotline.
 Pertinent information about the order of protection, including, but not limited to, the issuing
court; the date the order of protection was issued; and the expiration date, if any, of the order
of protection.
 The issue date and expiration date.
A Hope Card is valid during the term of the injunction, but for no longer than 2 years, and may
be renewed so long as the underlying injunction is valid.
The bill provides that a person who has actual knowledge that he or she is not protected by a
current injunction and who presents a Hope Card or other document purporting to be a Hope
Card for the purpose of evidencing the existence of an injunction commits a second degree
misdemeanor.23
23
A second degree misdemeanor is punishable by a fine of up to $500 and incarceration for up to 60 days, or both. Sections
775.082 and 775.083, F.S.
BILL: CS/CS/CS/SB 86 Page 6
The bill is effective October 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases: