Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 32
Ì453182$Î453182
LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Sharief) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 784.046, Florida Statutes, is amended to
6 read:
7 784.046 Action by victim of repeat violence, sexual
8 violence, or dating violence, or serious violence by a known
9 person for protective injunction; dating violence
10 investigations, notice to victims, and reporting; pretrial
11 release violations; public records exemption.—
12 (1) As used in this section, the term:
13 (e)(a) “Violence” means any assault, aggravated assault,
14 battery, aggravated battery, sexual assault, sexual battery,
15 stalking, aggravated stalking, kidnapping, or false
16 imprisonment, or any criminal offense resulting in physical
17 injury or death, by a person against any other person.
18 (b) “Repeat violence” means two incidents of violence or
19 stalking committed by the respondent, one of which must have
20 been within 6 months of the filing of the petition, which are
21 directed against the petitioner or the petitioner’s immediate
22 family member.
23 (d)(c) “Sexual violence” means any one incident of:
24 1. Sexual battery, as defined in chapter 794;
25 2. A lewd or lascivious act, as defined in chapter 800,
26 committed upon or in the presence of a person younger than 16
27 years of age;
28 3. Luring or enticing a child, as described in chapter 787;
29 4. Sexual performance by a child, as described in chapter
30 827; or
31 5. Any other forcible felony wherein a sexual act is
32 committed or attempted,
33
34 regardless of whether criminal charges based on the incident
35 were filed, reduced, or dismissed by the state attorney.
36 (a)(d) “Dating violence” means violence between individuals
37 who have or have had a continuing and significant relationship
38 of a romantic or intimate nature. The existence of such a
39 relationship must shall be determined based on the consideration
40 of the following factors:
41 1. A dating relationship must have existed within the past
42 6 months;
43 2. The nature of the relationship must have been
44 characterized by the expectation of affection or sexual
45 involvement between the parties; and
46 3. The frequency and type of interaction between the
47 persons involved in the relationship must have included that the
48 persons have been involved over time and on a continuous basis
49 during the course of the relationship.
50
51 The term does not include violence in a casual acquaintanceship
52 or violence between individuals who only have engaged in
53 ordinary fraternization in a business or social context.
54 (c) “Serious violence by a known person” means an act of
55 violence between individuals who are known to one another, when
56 such violence causes serious bodily injury. As used in this
57 paragraph, the term “serious bodily injury” means a physical
58 condition that creates a substantial risk of death, serious
59 personal disfigurement, or protracted loss or impairment of the
60 function of any bodily member or organ.
61 (2) There is created a cause of action for an injunction
62 for protection in cases of repeat violence, there is created a
63 separate cause of action for an injunction for protection in
64 cases of dating violence, and there is created a separate cause
65 of action for an injunction for protection in cases of sexual
66 violence, and there is created a separate cause of action for an
67 injunction for protection in cases of serious violence by a
68 known person.
69 (a) Any person who is the victim of repeat violence or the
70 parent or legal guardian of any minor child who is living at
71 home and who seeks an injunction for protection against repeat
72 violence on behalf of the minor child has standing in the
73 circuit court to file a verified petition for an injunction for
74 protection against repeat violence.
75 (b) Any person who is the victim of dating violence and has
76 reasonable cause to believe he or she is in imminent danger of
77 becoming the victim of another act of dating violence, or any
78 person who has reasonable cause to believe he or she is in
79 imminent danger of becoming the victim of an act of dating
80 violence, or the parent or legal guardian of any minor child who
81 is living at home and who seeks an injunction for protection
82 against dating violence on behalf of that minor child, has
83 standing in the circuit court to file a verified petition for an
84 injunction for protection against dating violence.
85 (c) A person who is the victim of sexual violence or the
86 parent or legal guardian of a minor child who is living at home
87 who is the victim of sexual violence has standing in the circuit
88 court to file a verified petition for an injunction for
89 protection against sexual violence on his or her own behalf or
90 on behalf of the minor child if:
91 1. The person has reported the sexual violence to a law
92 enforcement agency and is cooperating in any criminal proceeding
93 against the respondent, regardless of whether criminal charges
94 based on the sexual violence have been filed, reduced, or
95 dismissed by the state attorney; or
96 2. The respondent who committed the sexual violence against
97 the victim or minor child was sentenced to a term of
98 imprisonment in state prison for the sexual violence and the
99 respondent’s term of imprisonment has expired or is due to
100 expire within 90 days following the date the petition is filed.
101 (d) A person who is the victim of serious violence by a
102 known person or the parent or legal guardian of a minor child
103 who is living at home and who is the victim of serious violence
104 by a known person has standing in the circuit court to file a
105 verified petition for an injunction for protection against
106 serious violence by a known person on his or her own behalf or
107 on behalf of the minor child if the person has reported such
108 violence to a law enforcement agency and is cooperating with any
109 criminal proceedings against the respondent, regardless of
110 whether criminal charges based on the serious violence have been
111 filed, reduced, or dismissed by the state attorney.
112 (e)(d) A cause of action for an injunction may be sought
113 whether or not any other petition, complaint, or cause of action
114 is currently available or pending between the parties.
115 (f)(e) A cause of action for an injunction does not require
116 that the petitioner be represented by an attorney.
117 (3)(a) The clerk of the court shall provide a copy of this
118 section, simplified forms, and clerical assistance for the
119 preparation and filing of such a petition by any person who is
120 not represented by counsel.
121 (b) Notwithstanding any other law, the clerk of the court
122 may not assess a fee for filing a petition for protection
123 against repeat violence, sexual violence, or dating violence, or
124 serious violence by a known person. However, subject to
125 legislative appropriation, the clerk of the court may, each
126 quarter, submit to the Justice Administrative Commission a
127 certified request for reimbursement for petitions for protection
128 issued by the court under this section at the rate of $40 per
129 petition. The request for reimbursement must be submitted in the
130 form and manner prescribed by the Justice Administrative
131 Commission. From this reimbursement, the clerk shall pay the law
132 enforcement agency serving the injunction the fee requested by
133 the law enforcement agency; however, this fee may not exceed
134 $20.
135 (c) No bond is shall be required by the court for the entry
136 of an injunction.
137 (d) The clerk of the court shall provide the petitioner
138 with a certified copy of any injunction for protection against
139 repeat violence, sexual violence, or dating violence, or serious
140 violence by a known person entered by the court.
141 (4)(a) The verified petition must shall allege the
142 incidents of repeat violence, sexual violence, or dating
143 violence, or serious violence by a known person and must shall
144 include the specific facts and circumstances that form the basis
145 upon which relief is sought. With respect to a minor child who
146 is living at home, the parent or legal guardian seeking the
147 protective injunction on behalf of the minor child must:
148 1. Have been an eyewitness to, or have direct physical
149 evidence or affidavits from eyewitnesses of, the specific facts
150 and circumstances that form the basis upon which relief is
151 sought, if the party against whom the protective injunction is
152 sought is also a parent, stepparent, or legal guardian of the
153 minor child; or
154 2. Have reasonable cause to believe that the minor child is
155 a victim of repeat violence, sexual violence, or dating
156 violence, or serious violence by a known person to form the
157 basis upon which relief is sought, if the party against whom the
158 protective injunction is sought is a person other than a parent,
159 stepparent, or legal guardian of the minor child.
160 (b) The verified petition must be in substantially the
161 following form:
162
163 PETITION FOR INJUNCTION FOR PROTECTION
164 AGAINST REPEAT VIOLENCE, SEXUAL
165 VIOLENCE, OR DATING VIOLENCE, OR
166 SERIOUS VIOLENCE BY A KNOWN PERSON
167
168 The undersigned petitioner ...(name)... declares under
169 penalties of perjury that the following statements are true:
170
171 1. Petitioner resides at ...(address)... (A petitioner for
172 an injunction for protection against sexual violence may furnish
173 an address to the court in a separate confidential filing if,
174 for safety reasons, the petitioner requires the location of his
175 or her current residence to be confidential pursuant to s.
176 119.071(2)(j), Florida Statutes.)
177 2. Respondent resides at ...(address)....
178 3.a. Petitioner has suffered repeat violence as
179 demonstrated by the fact that the respondent has: ...(enumerate
180 incidents of violence)...
181
182
183
184
185
186 b. Petitioner has suffered sexual violence as demonstrated
187 by the fact that the respondent has: ...(enumerate incident of
188 violence and include incident report number from law enforcement
189 agency or attach notice of inmate release)...
190
191
192
193
194
195 c. Petitioner is a victim of dating violence and has
196 reasonable cause to believe that he or she is in imminent danger
197 of becoming the victim of another act of dating violence or has
198 reasonable cause to believe that he or she is in imminent danger
199 of becoming a victim of dating violence, as demonstrated by the
200 fact that the respondent has: ...(list the specific incident or
201 incidents of violence and describe the length of time of the
202 relationship, whether it has been in existence during the last 6
203 months, the nature of the relationship of a romantic or intimate
204 nature, the frequency and type of interaction, and any other
205 facts that characterize the relationship)...
206
207
208
209
210 d. Petitioner has suffered serious violence by a known
211 person as demonstrated by the fact that respondent has: ...
212 (list the specific incident of serious violence and the known
213 association to the respondent)...
214 4. Petitioner genuinely fears repeat violence by the
215 respondent.
216 5. Petitioner seeks: an immediate injunction against the
217 respondent, enjoining him or her from committing any further
218 acts of violence; an injunction enjoining the respondent from
219 committing any further acts of violence; and an injunction
220 providing any terms the court deems necessary for the protection
221 of the petitioner and the petitioner’s immediate family,
222 including any injunctions or directives to law enforcement
223 agencies.
224
225 (c) Every petition for an injunction against sexual
226 violence, dating violence, or repeat violence, or serious
227 violence by a known person must contain, directly above the
228 signature line, a statement in all capital letters and bold type
229 not smaller than the surrounding text, as follows:
230
231 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ
232 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
233 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN
234 THIS PETITION ARE BEING MADE UNDER PENALTIES OF
235 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,
236 FLORIDA STATUTES.
237
238 ...(initials)...
239
240 (5) Upon the filing of the petition, the court shall set a
241 hearing to be held at the earliest possible time. The respondent
242 must shall be personally served with a copy of the petition,
243 notice of hearing, and temporary injunction, if any, before
244 prior to the hearing.
245 (6)(a) When it appears to the court that an immediate and
246 present danger of violence exists, the court may grant a
247 temporary injunction that which may be granted in an ex parte
248 hearing, pending a full hearing, and may grant such relief as
249 the court deems proper, including an injunction enjoining the
250 respondent from committing any acts of violence.
251 (b) Except as provided in s. 90.204, in a hearing ex parte
252 for the purpose of obtaining such temporary injunction, no
253 evidence other than the verified pleading or affidavit may shall
254 be used as evidence, unless the respondent appears at the
255 hearing or has received reasonable notice of the hearing.
256 (c) Any such ex parte temporary injunction is shall be
257 effective for a fixed period not to exceed 15 days. However, an
258 ex parte temporary injunction granted under subparagraph
259 (2)(c)2. is effective for 15 days following the date the
260 respondent is released from incarceration. A full hearing, as
261 provided by this section, must shall be set for a date no later
262 than the date when the temporary injunction ceases to be
263 effective. The court may grant a continuance of the ex parte
264 injunction and the full hearing before or during a hearing, for
265 good cause shown by any party.
266 (7) Upon notice and hearing, the court may grant such
267 relief as the court deems proper, including an injunction:
268 (a) Enjoining the respondent from committing any acts of
269 violence.
270 (b) Ordering such other relief as the court deems necessary
271 for the protection of the petitioner, including injunctions or
272 directives to law enforcement agencies, as provided in this
273 section.
274 (c) The terms of the injunction shall remain in full force
275 and effect until modified or dissolved. Either party may move at
276 any time to modify or dissolve the injunction. Such relief may
277 be granted in addition to other civil or criminal remedies.
278 (d) A temporary or final judgment on injunction for
279 protection against repeat violence, sexual violence, or dating
280 violence, or serious violence by a known person entered pursuant
281 to this section must shall, on its face, indicate that:
282 1. The injunction is valid and enforceable in all counties
283 of the State of Florida.
284 2. Law enforcement officers may use their arrest powers
285 pursuant to s. 901.15(6) to enforce the terms of the injunction.
286 3. The court had jurisdiction over the parties and matter
287 under the laws of Florida and that reasonable notice and
288 opportunity to be heard was given to the person against whom the
289 order is sought sufficient to protect that person’s right to due
290 process.
291 4. The date that the respondent was served with the
292 temporary or final order, if obtainable.
293 (8)(a)1. Within 24 hours after the court issues an
294 injunction for protection against repeat violence, sexual
295 violence, or dating violence, or serious violence by a known
296 person, the clerk of the court shall electronically transmit a
297 copy of the petition, notice of hearing, and temporary
298 injunction, if any, to the sheriff or a law enforcement agency
299 of the county where the respondent resides or can be found, who
300 shall serve it upon the respondent as soon thereafter as
301 possible on any day of the week and at any time of the day or
302 night. An electronic copy of an injunction must be certified by
303 the clerk of the court, and the electronic copy must be served
304 in the same manner as a certified copy. Upon receiving an
305 electronic copy of the injunction, the sheriff must verify
306 receipt with the sender before attempting to serve it upon the
307 respondent. In addition, if the sheriff is in possession of an
308 injunction for protection that has been certified by the clerk
309 of the court, the sheriff may electronically transmit a copy of
310 that injunction to a law enforcement officer who shall serve it
311 in the same manner as a certified copy. The clerk of the court
312 is responsible for furnishing to the sheriff such information on
313 the respondent’s physical description and location as is
314 required by the department to comply with the verification
315 procedures set forth in this section. Notwithstanding any other
316 law to the contrary, the chief judge of each circuit, in
317 consultation with the appropriate sheriff, may authorize a law
318 enforcement agency within the chief judge’s jurisdiction to
319 effect this type of service and to receive a portion of the
320 service fee. A person may not serve or execute an injunction
321 issued under this section unless the person is a law enforcement
322 officer as defined in chapter 943.
323 2. When an injunction is issued, if the petitioner requests
324 the assistance of a law enforcement agency, the court may order
325 that an officer from the appropriate law enforcement agency
326 accompany the petitioner and assist in the execution or service
327 of the injunction. A law enforcement officer must accept a copy
328 of an injunction for protection against repeat violence, sexual
329 violence, or dating violence, or serious violence by a known
330 person, certified by the clerk of the court, from the petitioner
331 and immediately serve it upon a respondent who has been located
332 but not yet served.
333 (b) A Domestic Violence, Dating Violence, Sexual Violence,
334 and Repeat Violence, and Serious Violence by a Known Person
335 Injunction Statewide Verification System is created within the
336 Department of Law Enforcement. The department shall establish,
337 implement, and maintain a statewide communication system capable
338 of electronically transmitting information to and between
339 criminal justice agencies relating to domestic violence
340 injunctions, dating violence injunctions, sexual violence
341 injunctions, and repeat violence injunctions, and serious
342 violence by a known person injunctions issued by the courts
343 throughout the state. Such information must include, but is not
344 limited to, information as to the existence and status of any
345 injunction for verification purposes.
346 (c)1. Within 24 hours after the court issues an injunction
347 for protection against repeat violence, sexual violence, or
348 dating violence, or serious violence by a known person or
349 changes or vacates an injunction for protection against repeat
350 violence, sexual violence, or dating violence, or serious
351 violence by a known person, the clerk of the court must
352 electronically transmit a copy of the injunction to the sheriff
353 with jurisdiction over the residence of the petitioner.
354 2. Within 24 hours after service of process of an
355 injunction for protection against repeat violence, sexual
356 violence, or dating violence, or serious violence by a known
357 person upon a respondent, the law enforcement officer must
358 electronically transmit the written proof of service of process
359 to the sheriff with jurisdiction over the residence of the
360 petitioner.
361 3. Within 24 hours after the sheriff receives a certified
362 copy of the injunction for protection against repeat violence,
363 sexual violence, or dating violence, or serious violence by a
364 known person, the sheriff must make information relating to the
365 injunction available to other law enforcement agencies by
366 electronically transmitting such information to the department.
367 4. Within 24 hours after the sheriff or other law
368 enforcement officer has made service upon the respondent and the
369 sheriff has been so notified, the sheriff must make information
370 relating to the service available to other law enforcement
371 agencies by electronically transmitting such information to the
372 department.
373 5. Subject to available funding, the Florida Association of
374 Court Clerks and Comptrollers shall develop an automated process
375 by which a petitioner may request notification of service of the
376 injunction for protection against repeat violence, sexual
377 violence, or dating violence, or serious violence by a known
378 person and other court actions related to the injunction for
379 protection. The automated notice must be made within 12 hours
380 after the sheriff or other law enforcement officer serves the
381 injunction upon the respondent. The notification must include,
382 at a minimum, the date, time, and location where the injunction
383 for protection against repeat violence, sexual violence, or
384 dating violence, or serious violence by a known person was
385 served. The Florida Association of Court Clerks and Comptrollers
386 may apply for any available grants to fund the development of
387 the automated process.
388 6. Within 24 hours after an injunction for protection
389 against repeat violence, sexual violence, or dating violence, or
390 serious violence by a known person is lifted, terminated, or
391 otherwise rendered no longer effective by ruling of the court,
392 the clerk of the court must notify the sheriff or local law
393 enforcement agency receiving original notification of the
394 injunction as provided in subparagraph 2. That agency shall,
395 within 24 hours after receiving such notification from the clerk
396 of the court, notify the department of such action of the court.
397 (d) The petitioner may request a Hope Card under s. 741.311
398 after the court has issued a final order of protection.
399 (9)(a) The court shall enforce, through a civil or criminal
400 contempt proceeding, a violation of an injunction for
401 protection. The court may enforce the respondent’s compliance
402 with the injunction by imposing a monetary assessment. The clerk
403 of the court shall collect and receive such assessments. On a
404 monthly basis, the clerk shall transfer the moneys collected
405 pursuant to this paragraph to the State Treasury for deposit in
406 the Crimes Compensation Trust Fund established in s. 960.21.
407 (b) If the respondent is arrested by a law enforcement
408 officer under s. 901.15(6) for committing an act of repeat
409 violence, sexual violence, or dating violence, or serious
410 violence by a known person in violation of an injunction for
411 protection, the respondent must shall be held in custody until
412 brought before the court as expeditiously as possible for the
413 purpose of enforcing the injunction and for admittance to bail
414 in accordance with chapter 903 and the applicable rules of
415 criminal procedure, pending a hearing.
416 (10) The petitioner or the respondent may move the court to
417 modify or dissolve an injunction at any time.
418 (11) Any law enforcement officer who investigates an
419 alleged incident of dating violence shall assist the victim to
420 obtain medical treatment if such is required as a result of the
421 alleged incident to which the officer responds. Any law
422 enforcement officer who investigates an alleged incident of
423 dating violence shall advise the victim of such violence that
424 there is a domestic violence center from which the victim may
425 receive services. The law enforcement officer shall give the
426 victim immediate notice of the legal rights and remedies
427 available on a standard form developed and distributed by the
428 Department of Law Enforcement. As necessary, the Department of
429 Law Enforcement shall revise the Legal Rights and Remedies
430 Notice to Victims to include a general summary of this section,
431 using simple English as well as Spanish, and shall distribute
432 the notice as a model form to be used by all law enforcement
433 agencies throughout this the state. The notice must shall
434 include:
435 (a) The resource listing, including telephone number, for
436 the area domestic violence center designated by the Department
437 of Children and Families; and
438 (b) A copy of the following statement:
439
440 “IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask
441 the state attorney to file a criminal complaint. You
442 also have the right to go to court and file a petition
443 requesting an injunction for protection from dating
444 violence which may include, but need not be limited
445 to, provisions that restrain the abuser from further
446 acts of abuse; direct the abuser to leave your
447 household; and prevent the abuser from entering your
448 residence, school, business, or place of employment.”
449
450 (12) When a law enforcement officer investigates an
451 allegation that an incident of dating violence has occurred, the
452 officer shall handle the incident pursuant to the arrest policy
453 provided in s. 901.15(7), and as developed in accordance with
454 subsections (13), (14), and (16). Whether or not an arrest is
455 made, the officer shall make a written police report that is
456 complete and clearly indicates that the alleged offense was an
457 incident of dating violence. Such report must shall be given to
458 the officer’s supervisor and filed with the law enforcement
459 agency in a manner that will permit data on dating violence
460 cases to be compiled. Such report must include:
461 (a) A description of physical injuries observed, if any.
462 (b) If a law enforcement officer decides not to make an
463 arrest or decides to arrest two or more parties, the grounds for
464 not arresting anyone or for arresting two or more parties.
465 (c) A statement indicating which indicates that a copy of
466 the legal rights and remedies notice was given to the victim.
467
468 Whenever possible, the law enforcement officer shall obtain a
469 written statement from the victim and witnesses concerning the
470 alleged dating violence. The officer shall submit the report to
471 the supervisor or other person to whom the employer’s rules or
472 policies require reports of similar allegations of criminal
473 activity to be made. The law enforcement agency shall, without
474 charge, send a copy of the initial police report, as well as any
475 subsequent, supplemental, or related report, which excludes
476 victim or witness statements or other materials that are part of
477 an active criminal investigation and are exempt from disclosure
478 under chapter 119, to the nearest locally certified domestic
479 violence center within 24 hours after the agency’s receipt of
480 the report. The report furnished to the domestic violence center
481 must include a narrative description of the dating violence
482 incident.
483 (13) Whenever a law enforcement officer determines upon
484 probable cause that an act of dating violence has been committed
485 within the jurisdiction, or that a person has violated a
486 condition of pretrial release as provided in s. 903.047 and the
487 original arrest was for an act of dating violence, the officer
488 may arrest the person or persons suspected of its commission and
489 charge such person or persons with the appropriate crime. The
490 decision to arrest and charge does shall not require consent of
491 the victim or consideration of the relationship of the parties.
492 (14)(a) When complaints are received from two or more
493 parties, the officers shall evaluate each complaint separately
494 to determine whether there is probable cause for arrest.
495 (b) If a law enforcement officer has probable cause to
496 believe that two or more persons have committed a misdemeanor or
497 felony, or if two or more persons make complaints to the
498 officer, the officer must shall try to determine who was the
499 primary aggressor. Arrest is the preferred response only with
500 respect to the primary aggressor and not the preferred response
501 with respect to a person who acts in a reasonable manner to
502 protect or defend himself or herself or another family or
503 household member from dating violence.
504 (15) A person who willfully violates a condition of
505 pretrial release provided in s. 903.047, when the original
506 arrest was for an act of dating violence as defined in this
507 section, commits a misdemeanor of the first degree, punishable
508 as provided in s. 775.082 or s. 775.083, and shall be held in
509 custody until his or her first appearance.
510 (16) A law enforcement officer acting in good faith under
511 this section and the officer’s employing agency shall be immune
512 from all liability, civil or criminal, that might otherwise be
513 incurred or imposed by reason of the officer’s or agency’s
514 actions in carrying out the provisions of this section.
515 Section 2. Paragraph (a) of subsection (5) of section
516 44.407, Florida Statutes, is amended to read:
517 44.407 Elder-focused dispute resolution process.—
518 (5) QUALIFICATIONS FOR ELDERCARING COORDINATORS.—
519 (a) The court shall appoint qualified eldercaring
520 coordinators who:
521 1. Meet one of the following professional requirements:
522 a. Are licensed as a mental health professional under
523 chapter 491 and hold at least a master’s degree in the
524 professional field of practice;
525 b. Are licensed as a psychologist under chapter 490;
526 c. Are licensed as a physician under chapter 458 or chapter
527 459;
528 d. Are licensed as a nurse under chapter 464 and hold at
529 least a master’s degree;
530 e. Are certified by the Florida Supreme Court as a family
531 mediator and hold at least a master’s degree;
532 f. Are a member in good standing of The Florida Bar; or
533 g. Are a professional guardian as defined in s. 744.102(17)
534 and hold at least a master’s degree.
535 2. Have completed all of the following:
536 a. Three years of postlicensure or postcertification
537 practice;
538 b. A family mediation training program certified by the
539 Florida Supreme Court; and
540 c. An eldercaring coordinator training program certified by
541 the Florida Supreme Court. The training must total at least 44
542 hours and must include advanced tactics for dispute resolution
543 of issues related to aging, illness, incapacity, or other
544 vulnerabilities associated with elders, as well as elder,
545 guardianship, and incapacity law and procedures and less
546 restrictive alternatives to guardianship; phases of eldercaring
547 coordination and the role and functions of an eldercaring
548 coordinator; the elder’s role within eldercaring coordination;
549 family dynamics related to eldercaring coordination; eldercaring
550 coordination skills and techniques; multicultural competence and
551 its use in eldercaring coordination; at least 6 hours of the
552 implications of elder abuse, neglect, and exploitation and other
553 safety issues pertinent to the training; at least 4 hours of
554 ethical considerations pertaining to the training; use of
555 technology within eldercaring coordination; and court-specific
556 eldercaring coordination procedures. Pending certification of a
557 training program by the Florida Supreme Court, the eldercaring
558 coordinator must document completion of training that satisfies
559 the hours and the elements prescribed in this sub-subparagraph.
560 3. Have successfully passed a Level 2 background screening
561 as provided in s. 435.04(2) and (3) or are exempt from
562 disqualification under s. 435.07. The prospective eldercaring
563 coordinator must submit a full set of fingerprints to the court
564 or to a vendor, entity, or agency authorized by s. 943.053(13).
565 The court, vendor, entity, or agency shall forward the
566 fingerprints to the Department of Law Enforcement for state
567 processing, and the Department of Law Enforcement shall forward
568 the fingerprints to the Federal Bureau of Investigation for
569 national processing. The prospective eldercaring coordinator
570 shall pay the fees for state and federal fingerprint processing.
571 The state cost for fingerprint processing shall be as provided
572 in s. 943.053(3)(e) for records provided to persons or entities
573 other than those specified as exceptions therein.
574 4. Have not been a respondent in a final order granting an
575 injunction for protection against domestic violence, dating
576 violence, sexual violence, or repeat violence, serious violence
577 by a known person, or stalking or exploitation of an elder or a
578 disabled person.
579 5. Have met any additional qualifications the court may
580 require to address issues specific to the parties.
581 Section 3. Paragraph (c) of subsection (2) of section
582 61.13, Florida Statutes, is amended to read
583 61.13 Support of children; parenting and time-sharing;
584 powers of court.—
585 (2)
586 (c) The court shall determine all matters relating to
587 parenting and time-sharing of each minor child of the parties in
588 accordance with the best interests of the child and in
589 accordance with the Uniform Child Custody Jurisdiction and
590 Enforcement Act, except that modification of a parenting plan
591 and time-sharing schedule requires a showing of a substantial
592 and material change of circumstances.
593 1. It is the public policy of this state that each minor
594 child has frequent and continuing contact with both parents
595 after the parents separate or the marriage of the parties is
596 dissolved and to encourage parents to share the rights and
597 responsibilities, and joys, of childrearing. Unless otherwise
598 provided in this section or agreed to by the parties, there is a
599 rebuttable presumption that equal time-sharing of a minor child
600 is in the best interests of the minor child. To rebut this
601 presumption, a party must prove by a preponderance of the
602 evidence that equal time-sharing is not in the best interests of
603 the minor child. Except when a time-sharing schedule is agreed
604 to by the parties and approved by the court, the court must
605 evaluate all of the factors set forth in subsection (3) and make
606 specific written findings of fact when creating or modifying a
607 time-sharing schedule.
608 2. The court shall order that the parental responsibility
609 for a minor child be shared by both parents unless the court
610 finds that shared parental responsibility would be detrimental
611 to the child. In determining detriment to the child, the court
612 shall consider:
613 a. Evidence of domestic violence, as defined in s. 741.28;
614 b. Whether either parent has or has had reasonable cause to
615 believe that he or she or his or her minor child or children are
616 or have been in imminent danger of becoming victims of an act of
617 domestic violence as defined in s. 741.28 or sexual violence as
618 defined in s. 784.046(1) s. 784.046(1)(c) by the other parent
619 against the parent or against the child or children whom the
620 parents share in common regardless of whether a cause of action
621 has been brought or is currently pending in the court;
622 c. Whether either parent has or has had reasonable cause to
623 believe that his or her minor child or children are or have been
624 in imminent danger of becoming victims of an act of abuse,
625 abandonment, or neglect, as those terms are defined in s. 39.01,
626 by the other parent against the child or children whom the
627 parents share in common regardless of whether a cause of action
628 has been brought or is currently pending in the court; and
629 d. Any other relevant factors.
630 3. The following evidence creates a rebuttable presumption
631 that shared parental responsibility is detrimental to the child:
632 a. A parent has been convicted of a misdemeanor of the
633 first degree or higher involving domestic violence, as defined
634 in s. 741.28 and chapter 775;
635 b. A parent meets the criteria of s. 39.806(1)(d); or
636 c. A parent has been convicted of or had adjudication
637 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
638 at the time of the offense:
639 (I) The parent was 18 years of age or older.
640 (II) The victim was under 18 years of age or the parent
641 believed the victim to be under 18 years of age.
642
643 If the presumption is not rebutted after the convicted parent is
644 advised by the court that the presumption exists, shared
645 parental responsibility, including time-sharing with the child,
646 and decisions made regarding the child, may not be granted to
647 the convicted parent. However, the convicted parent is not
648 relieved of any obligation to provide financial support. If the
649 court determines that shared parental responsibility would be
650 detrimental to the child, it may order sole parental
651 responsibility and make such arrangements for time-sharing as
652 specified in the parenting plan as will best protect the child
653 or abused spouse from further harm. Whether or not there is a
654 conviction of any offense of domestic violence or child abuse or
655 the existence of an injunction for protection against domestic
656 violence, the court shall consider evidence of domestic violence
657 or child abuse as evidence of detriment to the child.
658 4. In ordering shared parental responsibility, the court
659 may consider the expressed desires of the parents and may grant
660 to one party the ultimate responsibility over specific aspects
661 of the child’s welfare or may divide those responsibilities
662 between the parties based on the best interests of the child.
663 Areas of responsibility may include education, health care, and
664 any other responsibilities that the court finds unique to a
665 particular family.
666 5. The court shall order sole parental responsibility for a
667 minor child to one parent, with or without time-sharing with the
668 other parent if it is in the best interests of the minor child.
669 6. There is a rebuttable presumption against granting time
670 sharing with a minor child if a parent has been convicted of or
671 had adjudication withheld for an offense enumerated in s.
672 943.0435(1)(h)1.a., and at the time of the offense:
673 a. The parent was 18 years of age or older.
674 b. The victim was under 18 years of age or the parent
675 believed the victim to be under 18 years of age.
676
677 A parent may rebut the presumption upon a specific finding in
678 writing by the court that the parent poses no significant risk
679 of harm to the child and that time-sharing is in the best
680 interests of the minor child. If the presumption is rebutted,
681 the court must consider all time-sharing factors in subsection
682 (3) when developing a time-sharing schedule.
683 7. Access to records and information pertaining to a minor
684 child, including, but not limited to, medical, dental, and
685 school records, may not be denied to either parent. Full rights
686 under this subparagraph apply to either parent unless a court
687 order specifically revokes these rights, including any
688 restrictions on these rights as provided in a domestic violence
689 injunction. A parent having rights under this subparagraph has
690 the same rights upon request as to form, substance, and manner
691 of access as are available to the other parent of a child,
692 including, without limitation, the right to in-person
693 communication with medical, dental, and education providers.
694 Section 4. Paragraph (a) of subsection (3) of section
695 61.1825, Florida Statutes, is amended to read:
696 61.1825 State Case Registry.—
697 (3)(a) For the purpose of this section, a family violence
698 indicator must be placed on a record when:
699 1. A party executes a sworn statement requesting that a
700 family violence indicator be placed on that party’s record which
701 states that the party has reason to believe that release of
702 information to the Federal Case Registry may result in physical
703 or emotional harm to the party or the child; or
704 2. A temporary or final injunction for protection against
705 domestic violence has been granted pursuant to s. 741.30(6), an
706 injunction for protection against domestic violence has been
707 issued by a court of a foreign state pursuant to s. 741.315, or
708 a temporary or final injunction for protection against repeat
709 violence has been granted pursuant to s. 784.046; or
710 3. The department has received information on a Title IV-D
711 case from the Domestic Violence, Dating Violence, Sexual
712 Violence, and Repeat Violence, and Serious Violence by a Known
713 Person Injunction Statewide Verification System, established
714 pursuant to s. 784.046(8)(b), that a court has granted a party a
715 domestic violence or repeat violence injunction.
716 Section 5. Paragraph (e) of subsection (2) of section
717 394.4597, Florida Statutes, is amended to read:
718 394.4597 Persons to be notified; patient’s representative.—
719 (2) INVOLUNTARY PATIENTS.—
720 (e) The following persons are prohibited from selection as
721 a patient’s representative:
722 1. A professional providing clinical services to the
723 patient under this part.
724 2. The licensed professional who initiated the involuntary
725 examination of the patient, if the examination was initiated by
726 professional certificate.
727 3. An employee, an administrator, or a board member of the
728 facility providing the examination of the patient.
729 4. An employee, an administrator, or a board member of a
730 treatment facility providing treatment for the patient.
731 5. A person providing any substantial professional services
732 to the patient, including clinical services.
733 6. A creditor of the patient.
734 7. A person subject to an injunction for protection against
735 domestic violence under s. 741.30, whether the order of
736 injunction is temporary or final, and for which the patient was
737 the petitioner.
738 8. A person subject to an injunction for protection against
739 repeat violence, stalking, sexual violence, or dating violence,
740 or serious violence by a known person under s. 784.046, whether
741 the order of injunction is temporary or final, and for which the
742 patient was the petitioner.
743 Section 6. Paragraph (h) of subsection (2) of section
744 394.4598, Florida Statutes, is amended to read:
745 394.4598 Guardian advocate.—
746 (2) The following persons are prohibited from appointment
747 as a patient’s guardian advocate:
748 (h) A person subject to an injunction for protection
749 against repeat violence, stalking, sexual violence, or dating
750 violence, or serious violence by a known person under s.
751 784.046, whether the order of injunction is temporary or final,
752 and for which the patient was the petitioner.
753 Section 7. Paragraph (b) of subsection (2) of section
754 741.313, Florida Statutes, is amended to read:
755 741.313 Unlawful action against employees seeking
756 protection.—
757 (2)
758 (b) This section applies if an employee uses the leave from
759 work to:
760 1. Seek an injunction for protection against domestic
761 violence or an injunction for protection in cases of repeat
762 violence, dating violence, or sexual violence, or serious
763 violence by a known person;
764 2. Obtain medical care or mental health counseling, or
765 both, for the employee or a family or household member to
766 address physical or psychological injuries resulting from the
767 act of domestic violence or sexual violence;
768 3. Obtain services from a victim services organization,
769 including, but not limited to, a domestic violence shelter or
770 program or a rape crisis center as a result of the act of
771 domestic violence or sexual violence;
772 4. Make the employee’s home secure from the perpetrator of
773 the domestic violence or sexual violence or to seek new housing
774 to escape the perpetrator; or
775 5. Seek legal assistance in addressing issues arising from
776 the act of domestic violence or sexual violence or to attend and
777 prepare for court-related proceedings arising from the act of
778 domestic violence or sexual violence.
779 Section 8. Subsection (1) of section 784.047, Florida
780 Statutes, is amended to read:
781 784.047 Penalties for violating protective injunction
782 against violators.—
783 (1) A person who willfully violates an injunction for
784 protection against repeat violence, sexual violence, or dating
785 violence, or serious violence by a known person issued pursuant
786 to s. 784.046, or a foreign protection order accorded full faith
787 and credit pursuant to s. 741.315 by:
788 (a) Refusing to vacate the dwelling that the parties share;
789 (b) Going to, or being within 500 feet of, the petitioner’s
790 residence, school, place of employment, or a specified place
791 frequented regularly by the petitioner and any named family or
792 household member;
793 (c) Committing an act of repeat violence, sexual violence,
794 or dating violence, or serious violence by a known person
795 against the petitioner;
796 (d) Committing any other violation of the injunction
797 through an intentional unlawful threat, word, or act to do
798 violence to the petitioner;
799 (e) Telephoning, contacting, or otherwise communicating
800 with the petitioner directly or indirectly, unless the
801 injunction specifically allows indirect contact through a third
802 party;
803 (f) Knowingly and intentionally coming within 100 feet of
804 the petitioner’s motor vehicle, whether or not that vehicle is
805 occupied;
806 (g) Defacing or destroying the petitioner’s personal
807 property, including the petitioner’s motor vehicle; or
808 (h) Refusing to surrender firearms or ammunition if ordered
809 to do so by the court,
810
811 commits a misdemeanor of the first degree, punishable as
812 provided in s. 775.082 or s. 775.083, except as provided in
813 subsection (2).
814 Section 9. Subsection (4) of section 784.048, Florida
815 Statutes, is amended to read:
816 784.048 Stalking; definitions; penalties.—
817 (4) A person who, after an injunction for protection
818 against repeat violence, sexual violence, or dating violence, or
819 serious violence by a known person pursuant to s. 784.046, or an
820 injunction for protection against domestic violence pursuant to
821 s. 741.30, or after any other court-imposed prohibition of
822 conduct toward the subject person or that person’s property,
823 knowingly, willfully, maliciously, and repeatedly follows,
824 harasses, or cyberstalks another person commits the offense of
825 aggravated stalking, a felony of the third degree, punishable as
826 provided in s. 775.082, s. 775.083, or s. 775.084.
827 Section 10. Paragraph (m) of subsection (2) of section
828 934.03, Florida Statutes, is amended to read:
829 934.03 Interception and disclosure of wire, oral, or
830 electronic communications prohibited.—
831 (2)
832 (m) It is lawful under this section and ss. 934.04-934.09
833 for a person who is protected under an active temporary or final
834 injunction for repeat violence, sexual violence, or dating
835 violence, or serious violence by a known person under s.
836 784.046; stalking under s. 784.0485; domestic violence under s.
837 741.30; or any other court-imposed prohibition of conduct toward
838 the person to intercept and record a wire, oral, or electronic
839 communication received in violation of such injunction or court
840 order. A recording authorized under this paragraph may be
841 provided to a law enforcement agency, an attorney, or a court
842 for the purpose of evidencing a violation of an injunction or
843 court order if the subject of the injunction or court order
844 prohibiting contact has been served the injunction or is on
845 notice that the conduct is prohibited. A recording authorized
846 under this paragraph may not be otherwise disseminated or
847 shared.
848 Section 11. For the purpose of incorporating the amendment
849 made by this act to section 784.046, Florida Statutes, in
850 references thereto, paragraphs (a), (c), and (d) of subsection
851 (8) of section 28.2221, Florida Statutes, are reenacted to read:
852 28.2221 Electronic access to official records.—
853 (8)(a) Each county recorder or clerk of the court must make
854 the identity of each respondent against whom a final judgment
855 for an injunction for the protection of a minor under s. 741.30,
856 s. 784.046, or s. 784.0485 is entered, as well as the fact that
857 a final judgment for an injunction for the protection of a minor
858 under s. 741.30, s. 784.046, or s. 784.0485 has been entered
859 against that respondent, publicly available on the county
860 recorder’s or clerk of the court’s official website, unless the
861 respondent is a minor. The identity and information required
862 under this subsection must be viewable through a searchable
863 database that is available in a clear and conspicuous location
864 on the homepage of the county recorder’s or clerk of the court’s
865 official website and must be available for search by the general
866 public.
867 (c) Any information specified in this subsection not made
868 available by the county clerk of the court as provided in this
869 subsection before July 1, 2024, must be made publicly available
870 on the county recorder’s or clerk of the court’s official
871 website if the affected party identifies the information and
872 requests that such information be added for general public
873 display. Such request must be in writing and delivered by mail,
874 facsimile, or electronic transmission or in person to the county
875 recorder or clerk of the court. The request must specify the
876 case number assigned to the final judgment for an injunction for
877 the protection of a minor under s. 741.30, s. 784.046, or s.
878 784.0485. A fee may not be charged for the addition of
879 information pursuant to such request.
880 (d) No later than 30 days after July 1, 2024, notice of the
881 right of any affected party to request the addition of
882 information to the searchable database on the county recorder’s
883 or clerk of the court’s official website pursuant to this
884 subsection must be conspicuously and clearly displayed by the
885 county recorder or clerk of the court on the county recorder’s
886 or clerk of the court’s official website on which images or
887 copies of the county’s public records are placed and in the
888 office of each county recorder or clerk of the court. Such
889 notice must contain appropriate instructions for making the
890 addition of information request in person, by mail, by
891 facsimile, or by electronic transmission. The notice must state,
892 in substantially similar form, that any person has a right to
893 request that a county recorder or clerk of the court add
894 information to the searchable database on the county recorder’s
895 or clerk of the court’s official website if that information
896 involves the identity of a respondent against whom a final
897 judgment for an injunction for the protection of a minor under
898 s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the
899 respondent is a minor. The notice must also state that the
900 information related to the identity of each respondent against
901 whom a final judgment for an injunction for the protection of a
902 minor under s. 741.30, s. 784.046, or s. 784.0485 is entered is
903 available for search by the general public. The notice must
904 include step-by-step instructions detailing how a user can
905 access the searchable database and search for such information.
906 Such request must be made in writing and delivered by mail,
907 facsimile, or electronic transmission or in person to the county
908 recorder or clerk of the court. The request must specify the
909 case number assigned to the final judgment for an injunction for
910 the protection of a minor under s. 741.30, s. 784.046, or s.
911 784.0485. A fee may not be charged for the addition of a
912 document pursuant to such request.
913 Section 12. For the purpose of incorporating the amendment
914 made by this act to section 784.046, Florida Statutes, in a
915 reference thereto, paragraph (i) of subsection (2) of section
916 28.35, Florida Statutes, is reenacted to read:
917 28.35 Florida Clerks of Court Operations Corporation.—
918 (2) The duties of the corporation shall include the
919 following:
920 (i) Annually preparing a budget request which,
921 notwithstanding the provisions of chapter 216 and in accordance
922 with s. 216.351, provides the anticipated amount necessary for
923 reimbursement pursuant to ss. 40.29(6), 741.30(2)(a),
924 784.046(3)(b), 784.0485(2)(a), and 825.1035(4)(i). The request
925 for the anticipated reimbursement amount must be submitted in
926 the form and manner prescribed by the Justice Administrative
927 Commission. Such request is not subject to change by the Justice
928 Administrative Commission, except for technical changes
929 necessary to conform to the legislative budget instructions, and
930 must be submitted to the Governor for transmittal to the
931 Legislature.
932 Section 13. For the purpose of incorporating the amendment
933 made by this act to section 784.046, Florida Statutes, in a
934 reference thereto, subsection (8) of section 57.105, Florida
935 Statutes, is reenacted to read:
936 57.105 Attorney’s fee; sanctions for raising unsupported
937 claims or defenses; exceptions; service of motions; damages for
938 delay of litigation.—
939 (8) Attorney fees may not be awarded under this section in
940 proceedings for an injunction for protection pursuant to s.
941 741.30, s. 784.046, or s. 784.0485, unless the court finds by
942 clear and convincing evidence that the petitioner knowingly made
943 a false statement or allegation in the petition or that the
944 respondent knowingly made a false statement or allegation in an
945 asserted defense, with regard to a material matter as defined in
946 s. 837.011(3).
947 Section 14. For the purpose of incorporating the amendment
948 made by this act to section 784.046, Florida Statutes, in a
949 reference thereto, subsection (2) of section 741.311, Florida
950 Statutes, is reenacted to read:
951 741.311 Hope Card Program for persons issued orders of
952 protection.—
953 (2) Beginning October 1, 2024, a person who has been issued
954 a final judgment on injunction for protection under s. 741.30,
955 s. 784.046, s. 784.0485, or s. 825.1035 may request a Hope Card
956 from the clerk of the court of the circuit in which the order
957 for an injunction for protection was entered. A person may
958 request a Hope Card at the time the final judgment on injunction
959 for protection is issued or at any other time before the
960 expiration of the order for protection.
961 Section 15. For the purpose of incorporating the amendment
962 made by this act to section 784.046, Florida Statutes, in a
963 reference thereto, subsection (2) of section 741.315, Florida
964 Statutes, is reenacted to read:
965 741.315 Recognition of foreign protection orders.—
966 (2) Pursuant to 18 U.S.C. s. 2265, an injunction for
967 protection against domestic violence issued by a court of a
968 foreign state must be accorded full faith and credit by the
969 courts of this state and enforced by a law enforcement agency as
970 if it were the order of a Florida court issued under s. 741.30,
971 s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487,
972 and provided that the court had jurisdiction over the parties
973 and the matter and that reasonable notice and opportunity to be
974 heard was given to the person against whom the order is sought
975 sufficient to protect that person’s right to due process. Ex
976 parte foreign injunctions for protection are not eligible for
977 enforcement under this section unless notice and opportunity to
978 be heard have been provided within the time required by the
979 foreign state or tribal law, and in any event within a
980 reasonable time after the order is issued, sufficient to protect
981 the respondent’s due process rights.
982 Section 16. For the purpose of incorporating the amendment
983 made by this act to section 784.046, Florida Statutes, in
984 references thereto, paragraph (e) of subsection (2) and
985 paragraph (c) of subsection (3) of section 790.401, Florida
986 Statutes, are reenacted to read:
987 790.401 Risk protection orders.—
988 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
989 an action known as a petition for a risk protection order.
990 (e) A petition must:
991 1. Allege that the respondent poses a significant danger of
992 causing personal injury to himself or herself or others by
993 having a firearm or any ammunition in his or her custody or
994 control or by purchasing, possessing, or receiving a firearm or
995 any ammunition, and must be accompanied by an affidavit made
996 under oath stating the specific statements, actions, or facts
997 that give rise to a reasonable fear of significant dangerous
998 acts by the respondent;
999 2. Identify the quantities, types, and locations of all
1000 firearms and ammunition the petitioner believes to be in the
1001 respondent’s current ownership, possession, custody, or control;
1002 and
1003 3. Identify whether there is a known existing protection
1004 order governing the respondent under s. 741.30, s. 784.046, or
1005 s. 784.0485 or under any other applicable statute.
1006 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
1007 (c) In determining whether grounds for a risk protection
1008 order exist, the court may consider any relevant evidence,
1009 including, but not limited to, any of the following:
1010 1. A recent act or threat of violence by the respondent
1011 against himself or herself or others, whether or not such
1012 violence or threat of violence involves a firearm.
1013 2. An act or threat of violence by the respondent within
1014 the past 12 months, including, but not limited to, acts or
1015 threats of violence by the respondent against himself or herself
1016 or others.
1017 3. Evidence of the respondent being seriously mentally ill
1018 or having recurring mental health issues.
1019 4. A violation by the respondent of a risk protection order
1020 or a no contact order issued under s. 741.30, s. 784.046, or s.
1021 784.0485.
1022 5. A previous or existing risk protection order issued
1023 against the respondent.
1024 6. A violation of a previous or existing risk protection
1025 order issued against the respondent.
1026 7. Whether the respondent, in this state or any other
1027 state, has been convicted of, had adjudication withheld on, or
1028 pled nolo contendere to a crime that constitutes domestic
1029 violence as defined in s. 741.28.
1030 8. Whether the respondent has used, or has threatened to
1031 use, against himself or herself or others any weapons.
1032 9. The unlawful or reckless use, display, or brandishing of
1033 a firearm by the respondent.
1034 10. The recurring use of, or threat to use, physical force
1035 by the respondent against another person or the respondent
1036 stalking another person.
1037 11. Whether the respondent, in this state or any other
1038 state, has been arrested for, convicted of, had adjudication
1039 withheld on, or pled nolo contendere to a crime involving
1040 violence or a threat of violence.
1041 12. Corroborated evidence of the abuse of controlled
1042 substances or alcohol by the respondent.
1043 13. Evidence of recent acquisition of firearms or
1044 ammunition by the respondent.
1045 14. Any relevant information from family and household
1046 members concerning the respondent.
1047 15. Witness testimony, taken while the witness is under
1048 oath, relating to the matter before the court.
1049 Section 17. For the purpose of incorporating the amendment
1050 made by this act to section 784.046, Florida Statutes, in a
1051 reference thereto, subsection (6) of section 901.15, Florida
1052 Statutes, is reenacted to read:
1053 901.15 When arrest by officer without warrant is lawful.—A
1054 law enforcement officer may arrest a person without a warrant
1055 when:
1056 (6) There is probable cause to believe that the person has
1057 committed a criminal act according to s. 790.233 or according to
1058 s. 741.31, s. 784.047, or s. 825.1036 which violates an
1059 injunction for protection entered pursuant to s. 741.30, s.
1060 784.046, or s. 825.1035 or a foreign protection order accorded
1061 full faith and credit pursuant to s. 741.315, over the objection
1062 of the petitioner, if necessary.
1063 Section 18. For the purpose of incorporating the amendment
1064 made by this act to section 784.046, Florida Statutes, in a
1065 reference thereto, subsection (5) of section 901.41, Florida
1066 Statutes, is reenacted to read:
1067 901.41 Prearrest diversion programs.—
1068 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
1069 of domestic violence, as defined in s. 741.28, or a misdemeanor
1070 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
1071 s. 784.0487, or s. 784.049 does not qualify for a civil citation
1072 or prearrest diversion program.
1073 Section 19. For the purpose of incorporating the amendment
1074 made by this act to section 784.046, Florida Statutes, in a
1075 reference thereto, paragraph (p) of subsection (6) of section
1076 921.141, Florida Statutes, is reenacted to read:
1077 921.141 Sentence of death or life imprisonment for capital
1078 felonies; further proceedings to determine sentence.—
1079 (6) AGGRAVATING FACTORS.—Aggravating factors shall be
1080 limited to the following:
1081 (p) The capital felony was committed by a person subject to
1082 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1083 foreign protection order accorded full faith and credit pursuant
1084 to s. 741.315, and was committed against the petitioner who
1085 obtained the injunction or protection order or any spouse,
1086 child, sibling, or parent of the petitioner.
1087 Section 20. For the purpose of incorporating the amendment
1088 made by this act to section 784.046, Florida Statutes, in a
1089 reference thereto, paragraph (j) of subsection (7) of section
1090 921.1425, Florida Statutes, is reenacted to read:
1091 921.1425 Sentence of death or life imprisonment for capital
1092 sexual battery; further proceedings to determine sentence.—
1093 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
1094 limited to the following:
1095 (j) The capital felony was committed by a person subject to
1096 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1097 foreign protection order accorded full faith and credit pursuant
1098 to s. 741.315, and was committed against the petitioner who
1099 obtained the injunction or protection order or any spouse,
1100 child, sibling, or parent of the petitioner.
1101 Section 21. For the purpose of incorporating the amendment
1102 made by this act to section 784.046, Florida Statutes, in a
1103 reference thereto, paragraph (i) of subsection (7) of section
1104 921.1427, Florida Statutes, is reenacted to read:
1105 921.1427 Sentence of death or life imprisonment for capital
1106 human trafficking of vulnerable persons for sexual exploitation;
1107 further proceedings to determine sentence.—
1108 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
1109 limited to the following:
1110 (i) The capital felony was committed by a person subject to
1111 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1112 foreign protection order accorded full faith and credit pursuant
1113 to s. 741.315, and was committed against the petitioner who
1114 obtained the injunction or protection order or any spouse,
1115 child, sibling, or parent of the petitioner.
1116 Section 22. For the purpose of incorporating the amendment
1117 made by this act to section 784.046, Florida Statutes, in a
1118 reference thereto, subsection (3) of section 934.425, Florida
1119 Statutes, is reenacted to read:
1120 934.425 Installation or use of tracking devices or tracking
1121 applications; exceptions; penalties.—
1122 (3) For purposes of this section, a person’s consent is
1123 presumed to be revoked if:
1124 (a) The consenting person and the person to whom consent
1125 was given are lawfully married and one person files a petition
1126 for dissolution of marriage from the other; or
1127 (b) The consenting person or the person to whom consent was
1128 given files an injunction for protection against the other
1129 person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
1130 784.0485.
1131 Section 23. This act shall take effect July 1, 2026.
1132
1133 ================= T I T L E A M E N D M E N T ================
1134 And the title is amended as follows:
1135 Delete everything before the enacting clause
1136 and insert:
1137 A bill to be entitled
1138 An act relating to injunctions for protection;
1139 amending s. 784.046, F.S.; defining the terms “serious
1140 violence by a known person” and “serious bodily
1141 injury”; creating a cause of action for an injunction
1142 for protection in cases of serious violence by a known
1143 person; specifying the persons who have standing to
1144 file such injunction for protection in circuit court
1145 if specified conditions are met; prohibiting the clerk
1146 of the court from assessing a fee for the filing of
1147 such injunction for protection; requiring the clerk of
1148 the court to provide the petitioner with a certified
1149 copy of such injunction for protection; providing
1150 requirements for such petition for injunction for
1151 protection; providing requirements for a temporary or
1152 final judgment on such injunction for protection;
1153 requiring the clerk of the court to electronically
1154 transmit copies of specified documents within a
1155 certain timeframe after a court issues such injunction
1156 for protection; requiring law enforcement officers to
1157 accept a certified copy of such injunction for
1158 protection from the petitioner and immediately serve
1159 it upon a respondent; providing requirements for
1160 inclusion of such injunction for protection in a
1161 specified statewide communication system; requiring
1162 that a respondent be held in custody if he or she is
1163 arrested for committing an act of serious violence by
1164 a known person in violation of an injunction for
1165 protection until being brought before the court;
1166 conforming provisions to changes made by the act;
1167 making technical changes; amending ss. 44.407, 61.13,
1168 61.1825, 394.4597, 394.4598, 741.313, 784.047,
1169 784.048, and 934.03, F.S.; conforming provisions to
1170 changes made by the act; reenacting ss. 28.2221
1171 (8)(a), (c), and (d), 28.35(2)(i), 57.105(8),
1172 741.311(2), 741.315(2), 790.401(2)(e) and (3)(c),
1173 901.15(6), 901.41(5), 921.141(6)(p), 921.1425(7)(j),
1174 921.1427(7)(i), and 934.425(3), F.S.; relating to
1175 electronic access to official records, Florida Clerks
1176 of Court Operations Corporation, the awarding of
1177 attorney fees, Hope Card Program for persons issued
1178 orders of protection, recognition of foreign
1179 protection orders, risk protection orders, when arrest
1180 by a law enforcement officer without a warrant is
1181 lawful, prearrest diversion programs, aggravating
1182 factors relating to a sentence of death or life
1183 imprisonment for capital felonies, aggravating factors
1184 relating to a sentence of death or life imprisonment
1185 for capital sexual battery, aggravating factors
1186 relating to a sentence of death or life imprisonment
1187 for capital human trafficking of vulnerable persons
1188 for sexual exploitation, and installation or use of
1189 tracking devices or applications, respectively, to
1190 incorporate the amendment made to s. 784.046, F.S., in
1191 references thereto; providing an effective date.