Florida Senate - 2026 CS for SB 32
By the Committee on Criminal Justice; and Senators Sharief,
Osgood, and Berman
591-01139-26 202632c1
1 A bill to be entitled
2 An act relating to injunctions for protection;
3 amending s. 784.046, F.S.; defining the terms “serious
4 violence by a known person” and “serious bodily
5 injury”; creating a cause of action for an injunction
6 for protection in cases of serious violence by a known
7 person; specifying the persons who have standing to
8 file such injunction for protection in circuit court
9 if specified conditions are met; prohibiting the clerk
10 of the court from assessing a fee for the filing of
11 such injunction for protection; requiring the clerk of
12 the court to provide the petitioner with a certified
13 copy of such injunction for protection; providing
14 requirements for such petition for injunction for
15 protection; providing requirements for a temporary or
16 final judgment on such injunction for protection;
17 requiring the clerk of the court to electronically
18 transmit copies of specified documents within a
19 certain timeframe after a court issues such injunction
20 for protection; requiring law enforcement officers to
21 accept a certified copy of such injunction for
22 protection from the petitioner and immediately serve
23 it upon a respondent; providing requirements for
24 inclusion of such injunction for protection in a
25 specified statewide communication system; requiring
26 that a respondent be held in custody if he or she is
27 arrested for committing an act of serious violence by
28 a known person in violation of an injunction for
29 protection until being brought before the court;
30 conforming provisions to changes made by the act;
31 making technical changes; amending ss. 44.407, 61.13,
32 61.1825, 394.4597, 394.4598, 741.313, 784.047,
33 784.048, and 934.03, F.S.; conforming provisions to
34 changes made by the act; reenacting ss. 28.2221
35 (8)(a), (c), and (d), 28.35(2)(i), 57.105(8),
36 61.1827(1), 741.311(2), 741.315(2), 790.401(2)(e) and
37 (3)(c), 901.15(6), 901.41(5), 921.141(6)(p),
38 921.1425(7)(j), 921.1427(7)(i), and 934.425(3), F.S.;
39 relating to electronic access to official records,
40 Florida Clerks of Court Operations Corporation, the
41 awarding of attorney fees, identifying information
42 concerning applicants for and recipients of child
43 support services, Hope Card Program for persons issued
44 orders of protection, recognition of foreign
45 protection orders, risk protection orders, when arrest
46 by a law enforcement officer without a warrant is
47 lawful, prearrest diversion programs, aggravating
48 factors relating to a sentence of death or life
49 imprisonment for capital felonies, aggravating factors
50 relating to a sentence of death or life imprisonment
51 for capital sexual battery, aggravating factors
52 relating to a sentence of death or life imprisonment
53 for capital human trafficking of vulnerable persons
54 for sexual exploitation, and installation or use of
55 tracking devices or applications, respectively, to
56 incorporate the amendment made to s. 784.046, F.S., in
57 references thereto; providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Section 784.046, Florida Statutes, is amended to
62 read:
63 784.046 Action by victim of repeat violence, sexual
64 violence, or dating violence, or serious violence by a known
65 person for protective injunction; dating violence
66 investigations, notice to victims, and reporting; pretrial
67 release violations; public records exemption.—
68 (1) As used in this section, the term:
69 (e)(a) “Violence” means any assault, aggravated assault,
70 battery, aggravated battery, sexual assault, sexual battery,
71 stalking, aggravated stalking, kidnapping, or false
72 imprisonment, or any criminal offense resulting in physical
73 injury or death, by a person against any other person.
74 (b) “Repeat violence” means two incidents of violence or
75 stalking committed by the respondent, one of which must have
76 been within 6 months of the filing of the petition, which are
77 directed against the petitioner or the petitioner’s immediate
78 family member.
79 (d)(c) “Sexual violence” means any one incident of:
80 1. Sexual battery, as defined in chapter 794;
81 2. A lewd or lascivious act, as defined in chapter 800,
82 committed upon or in the presence of a person younger than 16
83 years of age;
84 3. Luring or enticing a child, as described in chapter 787;
85 4. Sexual performance by a child, as described in chapter
86 827; or
87 5. Any other forcible felony wherein a sexual act is
88 committed or attempted,
89
90 regardless of whether criminal charges based on the incident
91 were filed, reduced, or dismissed by the state attorney.
92 (a)(d) “Dating violence” means violence between individuals
93 who have or have had a continuing and significant relationship
94 of a romantic or intimate nature. The existence of such a
95 relationship must shall be determined based on the consideration
96 of the following factors:
97 1. A dating relationship must have existed within the past
98 6 months;
99 2. The nature of the relationship must have been
100 characterized by the expectation of affection or sexual
101 involvement between the parties; and
102 3. The frequency and type of interaction between the
103 persons involved in the relationship must have included that the
104 persons have been involved over time and on a continuous basis
105 during the course of the relationship.
106
107 The term does not include violence in a casual acquaintanceship
108 or violence between individuals who only have engaged in
109 ordinary fraternization in a business or social context.
110 (c) “Serious violence by a known person” means an act of
111 violence between individuals who are known to one another, when
112 such violence causes serious bodily injury. As used in this
113 paragraph, the term “serious bodily injury” means a physical
114 condition that creates a substantial risk of death, serious
115 personal disfigurement, or protracted loss or impairment of the
116 function of any bodily member or organ.
117 (2) There is created a cause of action for an injunction
118 for protection in cases of repeat violence, there is created a
119 separate cause of action for an injunction for protection in
120 cases of dating violence, and there is created a separate cause
121 of action for an injunction for protection in cases of sexual
122 violence, and there is created a separate cause of action for an
123 injunction for protection in cases of serious violence by a
124 known person.
125 (a) Any person who is the victim of repeat violence or the
126 parent or legal guardian of any minor child who is living at
127 home and who seeks an injunction for protection against repeat
128 violence on behalf of the minor child has standing in the
129 circuit court to file a verified petition for an injunction for
130 protection against repeat violence.
131 (b) Any person who is the victim of dating violence and has
132 reasonable cause to believe he or she is in imminent danger of
133 becoming the victim of another act of dating violence, or any
134 person who has reasonable cause to believe he or she is in
135 imminent danger of becoming the victim of an act of dating
136 violence, or the parent or legal guardian of any minor child who
137 is living at home and who seeks an injunction for protection
138 against dating violence on behalf of that minor child, has
139 standing in the circuit court to file a verified petition for an
140 injunction for protection against dating violence.
141 (c) A person who is the victim of sexual violence or the
142 parent or legal guardian of a minor child who is living at home
143 who is the victim of sexual violence has standing in the circuit
144 court to file a verified petition for an injunction for
145 protection against sexual violence on his or her own behalf or
146 on behalf of the minor child if:
147 1. The person has reported the sexual violence to a law
148 enforcement agency and is cooperating in any criminal proceeding
149 against the respondent, regardless of whether criminal charges
150 based on the sexual violence have been filed, reduced, or
151 dismissed by the state attorney; or
152 2. The respondent who committed the sexual violence against
153 the victim or minor child was sentenced to a term of
154 imprisonment in state prison for the sexual violence and the
155 respondent’s term of imprisonment has expired or is due to
156 expire within 90 days following the date the petition is filed.
157 (d) A person who is the victim of serious violence by a
158 known person or the parent or legal guardian of a minor child
159 who is living at home and who is the victim of serious violence
160 by a known person has standing in the circuit court to file a
161 verified petition for an injunction for protection against
162 serious violence by a known person on his or her own behalf or
163 on behalf of the minor child if the person has reported such
164 violence to a law enforcement agency and is cooperating with any
165 criminal proceedings against the respondent, regardless of
166 whether criminal charges based on the serious violence have been
167 filed, reduced, or dismissed by the state attorney.
168 (e)(d) A cause of action for an injunction may be sought
169 whether or not any other petition, complaint, or cause of action
170 is currently available or pending between the parties.
171 (f)(e) A cause of action for an injunction does not require
172 that the petitioner be represented by an attorney.
173 (3)(a) The clerk of the court shall provide a copy of this
174 section, simplified forms, and clerical assistance for the
175 preparation and filing of such a petition by any person who is
176 not represented by counsel.
177 (b) Notwithstanding any other law, the clerk of the court
178 may not assess a fee for filing a petition for protection
179 against repeat violence, sexual violence, or dating violence, or
180 serious violence by a known person. However, subject to
181 legislative appropriation, the clerk of the court may, each
182 quarter, submit to the Justice Administrative Commission a
183 certified request for reimbursement for petitions for protection
184 issued by the court under this section at the rate of $40 per
185 petition. The request for reimbursement must be submitted in the
186 form and manner prescribed by the Justice Administrative
187 Commission. From this reimbursement, the clerk shall pay the law
188 enforcement agency serving the injunction the fee requested by
189 the law enforcement agency; however, this fee may not exceed
190 $20.
191 (c) No bond is shall be required by the court for the entry
192 of an injunction.
193 (d) The clerk of the court shall provide the petitioner
194 with a certified copy of any injunction for protection against
195 repeat violence, sexual violence, or dating violence, or serious
196 violence by a known person entered by the court.
197 (4)(a) The verified petition must shall allege the
198 incidents of repeat violence, sexual violence, or dating
199 violence, or serious violence by a known person and must shall
200 include the specific facts and circumstances that form the basis
201 upon which relief is sought. With respect to a minor child who
202 is living at home, the parent or legal guardian seeking the
203 protective injunction on behalf of the minor child must:
204 1. Have been an eyewitness to, or have direct physical
205 evidence or affidavits from eyewitnesses of, the specific facts
206 and circumstances that form the basis upon which relief is
207 sought, if the party against whom the protective injunction is
208 sought is also a parent, stepparent, or legal guardian of the
209 minor child; or
210 2. Have reasonable cause to believe that the minor child is
211 a victim of repeat violence, sexual violence, or dating
212 violence, or serious violence by a known person to form the
213 basis upon which relief is sought, if the party against whom the
214 protective injunction is sought is a person other than a parent,
215 stepparent, or legal guardian of the minor child.
216 (b) The verified petition must be in substantially the
217 following form:
218
219 PETITION FOR INJUNCTION FOR PROTECTION
220 AGAINST REPEAT VIOLENCE, SEXUAL
221 VIOLENCE, OR DATING VIOLENCE, OR
222 SERIOUS VIOLENCE BY A KNOWN PERSON
223
224 The undersigned petitioner ...(name)... declares under
225 penalties of perjury that the following statements are true:
226
227 1. Petitioner resides at ...(address)... (A petitioner for
228 an injunction for protection against sexual violence may furnish
229 an address to the court in a separate confidential filing if,
230 for safety reasons, the petitioner requires the location of his
231 or her current residence to be confidential pursuant to s.
232 119.071(2)(j), Florida Statutes.)
233 2. Respondent resides at ...(address)....
234 3.a. Petitioner has suffered repeat violence as
235 demonstrated by the fact that the respondent has: ...(enumerate
236 incidents of violence)...
237
238
239
240
241
242 b. Petitioner has suffered sexual violence as demonstrated
243 by the fact that the respondent has: ...(enumerate incident of
244 violence and include incident report number from law enforcement
245 agency or attach notice of inmate release)...
246
247
248
249
250
251 c. Petitioner is a victim of dating violence and has
252 reasonable cause to believe that he or she is in imminent danger
253 of becoming the victim of another act of dating violence or has
254 reasonable cause to believe that he or she is in imminent danger
255 of becoming a victim of dating violence, as demonstrated by the
256 fact that the respondent has: ...(list the specific incident or
257 incidents of violence and describe the length of time of the
258 relationship, whether it has been in existence during the last 6
259 months, the nature of the relationship of a romantic or intimate
260 nature, the frequency and type of interaction, and any other
261 facts that characterize the relationship)...
262
263
264
265
266 d. Petitioner has suffered serious violence by a known
267 person as demonstrated by the fact that respondent has: ...
268 (list the specific incident of serious violence and the known
269 association to the respondent)...
270 4. Petitioner genuinely fears repeat violence by the
271 respondent.
272 5. Petitioner seeks: an immediate injunction against the
273 respondent, enjoining him or her from committing any further
274 acts of violence; an injunction enjoining the respondent from
275 committing any further acts of violence; and an injunction
276 providing any terms the court deems necessary for the protection
277 of the petitioner and the petitioner’s immediate family,
278 including any injunctions or directives to law enforcement
279 agencies.
280
281 (c) Every petition for an injunction against sexual
282 violence, dating violence, or repeat violence, or serious
283 violence by a known person must contain, directly above the
284 signature line, a statement in all capital letters and bold type
285 not smaller than the surrounding text, as follows:
286
287 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ
288 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
289 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN
290 THIS PETITION ARE BEING MADE UNDER PENALTIES OF
291 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,
292 FLORIDA STATUTES.
293
294 ...(initials)...
295
296 (5) Upon the filing of the petition, the court shall set a
297 hearing to be held at the earliest possible time. The respondent
298 must shall be personally served with a copy of the petition,
299 notice of hearing, and temporary injunction, if any, before
300 prior to the hearing.
301 (6)(a) When it appears to the court that an immediate and
302 present danger of violence exists, the court may grant a
303 temporary injunction that which may be granted in an ex parte
304 hearing, pending a full hearing, and may grant such relief as
305 the court deems proper, including an injunction enjoining the
306 respondent from committing any acts of violence.
307 (b) Except as provided in s. 90.204, in a hearing ex parte
308 for the purpose of obtaining such temporary injunction, no
309 evidence other than the verified pleading or affidavit may shall
310 be used as evidence, unless the respondent appears at the
311 hearing or has received reasonable notice of the hearing.
312 (c) Any such ex parte temporary injunction is shall be
313 effective for a fixed period not to exceed 15 days. However, an
314 ex parte temporary injunction granted under subparagraph
315 (2)(c)2. is effective for 15 days following the date the
316 respondent is released from incarceration. A full hearing, as
317 provided by this section, must shall be set for a date no later
318 than the date when the temporary injunction ceases to be
319 effective. The court may grant a continuance of the ex parte
320 injunction and the full hearing before or during a hearing, for
321 good cause shown by any party.
322 (7) Upon notice and hearing, the court may grant such
323 relief as the court deems proper, including an injunction:
324 (a) Enjoining the respondent from committing any acts of
325 violence.
326 (b) Ordering such other relief as the court deems necessary
327 for the protection of the petitioner, including injunctions or
328 directives to law enforcement agencies, as provided in this
329 section.
330 (c) The terms of the injunction shall remain in full force
331 and effect until modified or dissolved. Either party may move at
332 any time to modify or dissolve the injunction. Such relief may
333 be granted in addition to other civil or criminal remedies.
334 (d) A temporary or final judgment on injunction for
335 protection against repeat violence, sexual violence, or dating
336 violence, or serious violence by a known person entered pursuant
337 to this section must shall, on its face, indicate that:
338 1. The injunction is valid and enforceable in all counties
339 of the State of Florida.
340 2. Law enforcement officers may use their arrest powers
341 pursuant to s. 901.15(6) to enforce the terms of the injunction.
342 3. The court had jurisdiction over the parties and matter
343 under the laws of Florida and that reasonable notice and
344 opportunity to be heard was given to the person against whom the
345 order is sought sufficient to protect that person’s right to due
346 process.
347 4. The date that the respondent was served with the
348 temporary or final order, if obtainable.
349 (8)(a)1. Within 24 hours after the court issues an
350 injunction for protection against repeat violence, sexual
351 violence, or dating violence, or serious violence by a known
352 person, the clerk of the court shall electronically transmit a
353 copy of the petition, notice of hearing, and temporary
354 injunction, if any, to the sheriff or a law enforcement agency
355 of the county where the respondent resides or can be found, who
356 shall serve it upon the respondent as soon thereafter as
357 possible on any day of the week and at any time of the day or
358 night. An electronic copy of an injunction must be certified by
359 the clerk of the court, and the electronic copy must be served
360 in the same manner as a certified copy. Upon receiving an
361 electronic copy of the injunction, the sheriff must verify
362 receipt with the sender before attempting to serve it upon the
363 respondent. In addition, if the sheriff is in possession of an
364 injunction for protection that has been certified by the clerk
365 of the court, the sheriff may electronically transmit a copy of
366 that injunction to a law enforcement officer who shall serve it
367 in the same manner as a certified copy. The clerk of the court
368 is responsible for furnishing to the sheriff such information on
369 the respondent’s physical description and location as is
370 required by the department to comply with the verification
371 procedures set forth in this section. Notwithstanding any other
372 law to the contrary, the chief judge of each circuit, in
373 consultation with the appropriate sheriff, may authorize a law
374 enforcement agency within the chief judge’s jurisdiction to
375 effect this type of service and to receive a portion of the
376 service fee. A person may not serve or execute an injunction
377 issued under this section unless the person is a law enforcement
378 officer as defined in chapter 943.
379 2. When an injunction is issued, if the petitioner requests
380 the assistance of a law enforcement agency, the court may order
381 that an officer from the appropriate law enforcement agency
382 accompany the petitioner and assist in the execution or service
383 of the injunction. A law enforcement officer must accept a copy
384 of an injunction for protection against repeat violence, sexual
385 violence, or dating violence, or serious violence by a known
386 person, certified by the clerk of the court, from the petitioner
387 and immediately serve it upon a respondent who has been located
388 but not yet served.
389 (b) A Domestic Violence, Dating Violence, Sexual Violence,
390 and Repeat Violence, and Serious Violence by a Known Person
391 Injunction Statewide Verification System is created within the
392 Department of Law Enforcement. The department shall establish,
393 implement, and maintain a statewide communication system capable
394 of electronically transmitting information to and between
395 criminal justice agencies relating to domestic violence
396 injunctions, dating violence injunctions, sexual violence
397 injunctions, and repeat violence injunctions, and serious
398 violence by a known person injunctions issued by the courts
399 throughout the state. Such information must include, but is not
400 limited to, information as to the existence and status of any
401 injunction for verification purposes.
402 (c)1. Within 24 hours after the court issues an injunction
403 for protection against repeat violence, sexual violence, or
404 dating violence, or serious violence by a known person or
405 changes or vacates an injunction for protection against repeat
406 violence, sexual violence, or dating violence, or serious
407 violence by a known person, the clerk of the court must
408 electronically transmit a copy of the injunction to the sheriff
409 with jurisdiction over the residence of the petitioner.
410 2. Within 24 hours after service of process of an
411 injunction for protection against repeat violence, sexual
412 violence, or dating violence, or serious violence by a known
413 person upon a respondent, the law enforcement officer must
414 electronically transmit the written proof of service of process
415 to the sheriff with jurisdiction over the residence of the
416 petitioner.
417 3. Within 24 hours after the sheriff receives a certified
418 copy of the injunction for protection against repeat violence,
419 sexual violence, or dating violence, or serious violence by a
420 known person, the sheriff must make information relating to the
421 injunction available to other law enforcement agencies by
422 electronically transmitting such information to the department.
423 4. Within 24 hours after the sheriff or other law
424 enforcement officer has made service upon the respondent and the
425 sheriff has been so notified, the sheriff must make information
426 relating to the service available to other law enforcement
427 agencies by electronically transmitting such information to the
428 department.
429 5. Subject to available funding, the Florida Association of
430 Court Clerks and Comptrollers shall develop an automated process
431 by which a petitioner may request notification of service of the
432 injunction for protection against repeat violence, sexual
433 violence, or dating violence, or serious violence by a known
434 person and other court actions related to the injunction for
435 protection. The automated notice must be made within 12 hours
436 after the sheriff or other law enforcement officer serves the
437 injunction upon the respondent. The notification must include,
438 at a minimum, the date, time, and location where the injunction
439 for protection against repeat violence, sexual violence, or
440 dating violence, or serious violence by a known person was
441 served. The Florida Association of Court Clerks and Comptrollers
442 may apply for any available grants to fund the development of
443 the automated process.
444 6. Within 24 hours after an injunction for protection
445 against repeat violence, sexual violence, or dating violence, or
446 serious violence by a known person is lifted, terminated, or
447 otherwise rendered no longer effective by ruling of the court,
448 the clerk of the court must notify the sheriff or local law
449 enforcement agency receiving original notification of the
450 injunction as provided in subparagraph 2. That agency shall,
451 within 24 hours after receiving such notification from the clerk
452 of the court, notify the department of such action of the court.
453 (d) The petitioner may request a Hope Card under s. 741.311
454 after the court has issued a final order of protection.
455 (9)(a) The court shall enforce, through a civil or criminal
456 contempt proceeding, a violation of an injunction for
457 protection. The court may enforce the respondent’s compliance
458 with the injunction by imposing a monetary assessment. The clerk
459 of the court shall collect and receive such assessments. On a
460 monthly basis, the clerk shall transfer the moneys collected
461 pursuant to this paragraph to the State Treasury for deposit in
462 the Crimes Compensation Trust Fund established in s. 960.21.
463 (b) If the respondent is arrested by a law enforcement
464 officer under s. 901.15(6) for committing an act of repeat
465 violence, sexual violence, or dating violence, or serious
466 violence by a known person in violation of an injunction for
467 protection, the respondent must shall be held in custody until
468 brought before the court as expeditiously as possible for the
469 purpose of enforcing the injunction and for admittance to bail
470 in accordance with chapter 903 and the applicable rules of
471 criminal procedure, pending a hearing.
472 (10) The petitioner or the respondent may move the court to
473 modify or dissolve an injunction at any time.
474 (11) Any law enforcement officer who investigates an
475 alleged incident of dating violence shall assist the victim to
476 obtain medical treatment if such is required as a result of the
477 alleged incident to which the officer responds. Any law
478 enforcement officer who investigates an alleged incident of
479 dating violence shall advise the victim of such violence that
480 there is a domestic violence center from which the victim may
481 receive services. The law enforcement officer shall give the
482 victim immediate notice of the legal rights and remedies
483 available on a standard form developed and distributed by the
484 Department of Law Enforcement. As necessary, the Department of
485 Law Enforcement shall revise the Legal Rights and Remedies
486 Notice to Victims to include a general summary of this section,
487 using simple English as well as Spanish, and shall distribute
488 the notice as a model form to be used by all law enforcement
489 agencies throughout this the state. The notice must shall
490 include:
491 (a) The resource listing, including telephone number, for
492 the area domestic violence center designated by the Department
493 of Children and Families; and
494 (b) A copy of the following statement:
495
496 “IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask
497 the state attorney to file a criminal complaint. You
498 also have the right to go to court and file a petition
499 requesting an injunction for protection from dating
500 violence which may include, but need not be limited
501 to, provisions that restrain the abuser from further
502 acts of abuse; direct the abuser to leave your
503 household; and prevent the abuser from entering your
504 residence, school, business, or place of employment.”
505
506 (12) When a law enforcement officer investigates an
507 allegation that an incident of dating violence has occurred, the
508 officer shall handle the incident pursuant to the arrest policy
509 provided in s. 901.15(7), and as developed in accordance with
510 subsections (13), (14), and (16). Whether or not an arrest is
511 made, the officer shall make a written police report that is
512 complete and clearly indicates that the alleged offense was an
513 incident of dating violence. Such report must shall be given to
514 the officer’s supervisor and filed with the law enforcement
515 agency in a manner that will permit data on dating violence
516 cases to be compiled. Such report must include:
517 (a) A description of physical injuries observed, if any.
518 (b) If a law enforcement officer decides not to make an
519 arrest or decides to arrest two or more parties, the grounds for
520 not arresting anyone or for arresting two or more parties.
521 (c) A statement indicating which indicates that a copy of
522 the legal rights and remedies notice was given to the victim.
523
524 Whenever possible, the law enforcement officer shall obtain a
525 written statement from the victim and witnesses concerning the
526 alleged dating violence. The officer shall submit the report to
527 the supervisor or other person to whom the employer’s rules or
528 policies require reports of similar allegations of criminal
529 activity to be made. The law enforcement agency shall, without
530 charge, send a copy of the initial police report, as well as any
531 subsequent, supplemental, or related report, which excludes
532 victim or witness statements or other materials that are part of
533 an active criminal investigation and are exempt from disclosure
534 under chapter 119, to the nearest locally certified domestic
535 violence center within 24 hours after the agency’s receipt of
536 the report. The report furnished to the domestic violence center
537 must include a narrative description of the dating violence
538 incident.
539 (13) Whenever a law enforcement officer determines upon
540 probable cause that an act of dating violence has been committed
541 within the jurisdiction, or that a person has violated a
542 condition of pretrial release as provided in s. 903.047 and the
543 original arrest was for an act of dating violence, the officer
544 may arrest the person or persons suspected of its commission and
545 charge such person or persons with the appropriate crime. The
546 decision to arrest and charge does shall not require consent of
547 the victim or consideration of the relationship of the parties.
548 (14)(a) When complaints are received from two or more
549 parties, the officers shall evaluate each complaint separately
550 to determine whether there is probable cause for arrest.
551 (b) If a law enforcement officer has probable cause to
552 believe that two or more persons have committed a misdemeanor or
553 felony, or if two or more persons make complaints to the
554 officer, the officer must shall try to determine who was the
555 primary aggressor. Arrest is the preferred response only with
556 respect to the primary aggressor and not the preferred response
557 with respect to a person who acts in a reasonable manner to
558 protect or defend himself or herself or another family or
559 household member from dating violence.
560 (15) A person who willfully violates a condition of
561 pretrial release provided in s. 903.047, when the original
562 arrest was for an act of dating violence as defined in this
563 section, commits a misdemeanor of the first degree, punishable
564 as provided in s. 775.082 or s. 775.083, and shall be held in
565 custody until his or her first appearance.
566 (16) A law enforcement officer acting in good faith under
567 this section and the officer’s employing agency shall be immune
568 from all liability, civil or criminal, that might otherwise be
569 incurred or imposed by reason of the officer’s or agency’s
570 actions in carrying out the provisions of this section.
571 Section 2. Paragraph (a) of subsection (5) of section
572 44.407, Florida Statutes, is amended to read:
573 44.407 Elder-focused dispute resolution process.—
574 (5) QUALIFICATIONS FOR ELDERCARING COORDINATORS.—
575 (a) The court shall appoint qualified eldercaring
576 coordinators who:
577 1. Meet one of the following professional requirements:
578 a. Are licensed as a mental health professional under
579 chapter 491 and hold at least a master’s degree in the
580 professional field of practice;
581 b. Are licensed as a psychologist under chapter 490;
582 c. Are licensed as a physician under chapter 458 or chapter
583 459;
584 d. Are licensed as a nurse under chapter 464 and hold at
585 least a master’s degree;
586 e. Are certified by the Florida Supreme Court as a family
587 mediator and hold at least a master’s degree;
588 f. Are a member in good standing of The Florida Bar; or
589 g. Are a professional guardian as defined in s. 744.102(17)
590 and hold at least a master’s degree.
591 2. Have completed all of the following:
592 a. Three years of postlicensure or postcertification
593 practice;
594 b. A family mediation training program certified by the
595 Florida Supreme Court; and
596 c. An eldercaring coordinator training program certified by
597 the Florida Supreme Court. The training must total at least 44
598 hours and must include advanced tactics for dispute resolution
599 of issues related to aging, illness, incapacity, or other
600 vulnerabilities associated with elders, as well as elder,
601 guardianship, and incapacity law and procedures and less
602 restrictive alternatives to guardianship; phases of eldercaring
603 coordination and the role and functions of an eldercaring
604 coordinator; the elder’s role within eldercaring coordination;
605 family dynamics related to eldercaring coordination; eldercaring
606 coordination skills and techniques; multicultural competence and
607 its use in eldercaring coordination; at least 6 hours of the
608 implications of elder abuse, neglect, and exploitation and other
609 safety issues pertinent to the training; at least 4 hours of
610 ethical considerations pertaining to the training; use of
611 technology within eldercaring coordination; and court-specific
612 eldercaring coordination procedures. Pending certification of a
613 training program by the Florida Supreme Court, the eldercaring
614 coordinator must document completion of training that satisfies
615 the hours and the elements prescribed in this sub-subparagraph.
616 3. Have successfully passed a Level 2 background screening
617 as provided in s. 435.04(2) and (3) or are exempt from
618 disqualification under s. 435.07. The prospective eldercaring
619 coordinator must submit a full set of fingerprints to the court
620 or to a vendor, entity, or agency authorized by s. 943.053(13).
621 The court, vendor, entity, or agency shall forward the
622 fingerprints to the Department of Law Enforcement for state
623 processing, and the Department of Law Enforcement shall forward
624 the fingerprints to the Federal Bureau of Investigation for
625 national processing. The prospective eldercaring coordinator
626 shall pay the fees for state and federal fingerprint processing.
627 The state cost for fingerprint processing shall be as provided
628 in s. 943.053(3)(e) for records provided to persons or entities
629 other than those specified as exceptions therein.
630 4. Have not been a respondent in a final order granting an
631 injunction for protection against domestic violence, dating
632 violence, sexual violence, or repeat violence, serious violence
633 by a known person, or stalking or exploitation of an elder or a
634 disabled person.
635 5. Have met any additional qualifications the court may
636 require to address issues specific to the parties.
637 Section 3. Paragraph (c) of subsection (2) of section
638 61.13, Florida Statutes, is amended to read
639 61.13 Support of children; parenting and time-sharing;
640 powers of court.—
641 (2)
642 (c) The court shall determine all matters relating to
643 parenting and time-sharing of each minor child of the parties in
644 accordance with the best interests of the child and in
645 accordance with the Uniform Child Custody Jurisdiction and
646 Enforcement Act, except that modification of a parenting plan
647 and time-sharing schedule requires a showing of a substantial
648 and material change of circumstances.
649 1. It is the public policy of this state that each minor
650 child has frequent and continuing contact with both parents
651 after the parents separate or the marriage of the parties is
652 dissolved and to encourage parents to share the rights and
653 responsibilities, and joys, of childrearing. Unless otherwise
654 provided in this section or agreed to by the parties, there is a
655 rebuttable presumption that equal time-sharing of a minor child
656 is in the best interests of the minor child. To rebut this
657 presumption, a party must prove by a preponderance of the
658 evidence that equal time-sharing is not in the best interests of
659 the minor child. Except when a time-sharing schedule is agreed
660 to by the parties and approved by the court, the court must
661 evaluate all of the factors set forth in subsection (3) and make
662 specific written findings of fact when creating or modifying a
663 time-sharing schedule.
664 2. The court shall order that the parental responsibility
665 for a minor child be shared by both parents unless the court
666 finds that shared parental responsibility would be detrimental
667 to the child. In determining detriment to the child, the court
668 shall consider:
669 a. Evidence of domestic violence, as defined in s. 741.28;
670 b. Whether either parent has or has had reasonable cause to
671 believe that he or she or his or her minor child or children are
672 or have been in imminent danger of becoming victims of an act of
673 domestic violence as defined in s. 741.28 or sexual violence as
674 defined in s. 784.046(1) s. 784.046(1)(c) by the other parent
675 against the parent or against the child or children whom the
676 parents share in common regardless of whether a cause of action
677 has been brought or is currently pending in the court;
678 c. Whether either parent has or has had reasonable cause to
679 believe that his or her minor child or children are or have been
680 in imminent danger of becoming victims of an act of abuse,
681 abandonment, or neglect, as those terms are defined in s. 39.01,
682 by the other parent against the child or children whom the
683 parents share in common regardless of whether a cause of action
684 has been brought or is currently pending in the court; and
685 d. Any other relevant factors.
686 3. The following evidence creates a rebuttable presumption
687 that shared parental responsibility is detrimental to the child:
688 a. A parent has been convicted of a misdemeanor of the
689 first degree or higher involving domestic violence, as defined
690 in s. 741.28 and chapter 775;
691 b. A parent meets the criteria of s. 39.806(1)(d); or
692 c. A parent has been convicted of or had adjudication
693 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
694 at the time of the offense:
695 (I) The parent was 18 years of age or older.
696 (II) The victim was under 18 years of age or the parent
697 believed the victim to be under 18 years of age.
698
699 If the presumption is not rebutted after the convicted parent is
700 advised by the court that the presumption exists, shared
701 parental responsibility, including time-sharing with the child,
702 and decisions made regarding the child, may not be granted to
703 the convicted parent. However, the convicted parent is not
704 relieved of any obligation to provide financial support. If the
705 court determines that shared parental responsibility would be
706 detrimental to the child, it may order sole parental
707 responsibility and make such arrangements for time-sharing as
708 specified in the parenting plan as will best protect the child
709 or abused spouse from further harm. Whether or not there is a
710 conviction of any offense of domestic violence or child abuse or
711 the existence of an injunction for protection against domestic
712 violence, the court shall consider evidence of domestic violence
713 or child abuse as evidence of detriment to the child.
714 4. In ordering shared parental responsibility, the court
715 may consider the expressed desires of the parents and may grant
716 to one party the ultimate responsibility over specific aspects
717 of the child’s welfare or may divide those responsibilities
718 between the parties based on the best interests of the child.
719 Areas of responsibility may include education, health care, and
720 any other responsibilities that the court finds unique to a
721 particular family.
722 5. The court shall order sole parental responsibility for a
723 minor child to one parent, with or without time-sharing with the
724 other parent if it is in the best interests of the minor child.
725 6. There is a rebuttable presumption against granting time
726 sharing with a minor child if a parent has been convicted of or
727 had adjudication withheld for an offense enumerated in s.
728 943.0435(1)(h)1.a., and at the time of the offense:
729 a. The parent was 18 years of age or older.
730 b. The victim was under 18 years of age or the parent
731 believed the victim to be under 18 years of age.
732
733 A parent may rebut the presumption upon a specific finding in
734 writing by the court that the parent poses no significant risk
735 of harm to the child and that time-sharing is in the best
736 interests of the minor child. If the presumption is rebutted,
737 the court must consider all time-sharing factors in subsection
738 (3) when developing a time-sharing schedule.
739 7. Access to records and information pertaining to a minor
740 child, including, but not limited to, medical, dental, and
741 school records, may not be denied to either parent. Full rights
742 under this subparagraph apply to either parent unless a court
743 order specifically revokes these rights, including any
744 restrictions on these rights as provided in a domestic violence
745 injunction. A parent having rights under this subparagraph has
746 the same rights upon request as to form, substance, and manner
747 of access as are available to the other parent of a child,
748 including, without limitation, the right to in-person
749 communication with medical, dental, and education providers.
750 Section 4. Paragraph (a) of subsection (3) of section
751 61.1825, Florida Statutes, is amended to read:
752 61.1825 State Case Registry.—
753 (3)(a) For the purpose of this section, a family violence
754 indicator must be placed on a record when:
755 1. A party executes a sworn statement requesting that a
756 family violence indicator be placed on that party’s record which
757 states that the party has reason to believe that release of
758 information to the Federal Case Registry may result in physical
759 or emotional harm to the party or the child; or
760 2. A temporary or final injunction for protection against
761 domestic violence has been granted pursuant to s. 741.30(6), an
762 injunction for protection against domestic violence has been
763 issued by a court of a foreign state pursuant to s. 741.315, or
764 a temporary or final injunction for protection against repeat
765 violence has been granted pursuant to s. 784.046; or
766 3. The department has received information on a Title IV-D
767 case from the Domestic Violence, Dating Violence, Sexual
768 Violence, and Repeat Violence, and Serious Violence by a Known
769 Person Injunction Statewide Verification System, established
770 pursuant to s. 784.046(8)(b), that a court has granted a party a
771 domestic violence or repeat violence injunction.
772 Section 5. Paragraph (e) of subsection (2) of section
773 394.4597, Florida Statutes, is amended to read:
774 394.4597 Persons to be notified; patient’s representative.—
775 (2) INVOLUNTARY PATIENTS.—
776 (e) The following persons are prohibited from selection as
777 a patient’s representative:
778 1. A professional providing clinical services to the
779 patient under this part.
780 2. The licensed professional who initiated the involuntary
781 examination of the patient, if the examination was initiated by
782 professional certificate.
783 3. An employee, an administrator, or a board member of the
784 facility providing the examination of the patient.
785 4. An employee, an administrator, or a board member of a
786 treatment facility providing treatment for the patient.
787 5. A person providing any substantial professional services
788 to the patient, including clinical services.
789 6. A creditor of the patient.
790 7. A person subject to an injunction for protection against
791 domestic violence under s. 741.30, whether the order of
792 injunction is temporary or final, and for which the patient was
793 the petitioner.
794 8. A person subject to an injunction for protection against
795 repeat violence, stalking, sexual violence, or dating violence,
796 or serious violence by a known person under s. 784.046, whether
797 the order of injunction is temporary or final, and for which the
798 patient was the petitioner.
799 Section 6. Paragraph (h) of subsection (2) of section
800 394.4598, Florida Statutes, is amended to read:
801 394.4598 Guardian advocate.—
802 (2) The following persons are prohibited from appointment
803 as a patient’s guardian advocate:
804 (h) A person subject to an injunction for protection
805 against repeat violence, stalking, sexual violence, or dating
806 violence, or serious violence by a known person under s.
807 784.046, whether the order of injunction is temporary or final,
808 and for which the patient was the petitioner.
809 Section 7. Paragraph (b) of subsection (2) of section
810 741.313, Florida Statutes, is amended to read:
811 741.313 Unlawful action against employees seeking
812 protection.—
813 (2)
814 (b) This section applies if an employee uses the leave from
815 work to:
816 1. Seek an injunction for protection against domestic
817 violence or an injunction for protection in cases of repeat
818 violence, dating violence, or sexual violence, or serious
819 violence by a known person;
820 2. Obtain medical care or mental health counseling, or
821 both, for the employee or a family or household member to
822 address physical or psychological injuries resulting from the
823 act of domestic violence or sexual violence;
824 3. Obtain services from a victim services organization,
825 including, but not limited to, a domestic violence shelter or
826 program or a rape crisis center as a result of the act of
827 domestic violence or sexual violence;
828 4. Make the employee’s home secure from the perpetrator of
829 the domestic violence or sexual violence or to seek new housing
830 to escape the perpetrator; or
831 5. Seek legal assistance in addressing issues arising from
832 the act of domestic violence or sexual violence or to attend and
833 prepare for court-related proceedings arising from the act of
834 domestic violence or sexual violence.
835 Section 8. Subsection (1) of section 784.047, Florida
836 Statutes, is amended to read:
837 784.047 Penalties for violating protective injunction
838 against violators.—
839 (1) A person who willfully violates an injunction for
840 protection against repeat violence, sexual violence, or dating
841 violence, or serious violence by a known person issued pursuant
842 to s. 784.046, or a foreign protection order accorded full faith
843 and credit pursuant to s. 741.315 by:
844 (a) Refusing to vacate the dwelling that the parties share;
845 (b) Going to, or being within 500 feet of, the petitioner’s
846 residence, school, place of employment, or a specified place
847 frequented regularly by the petitioner and any named family or
848 household member;
849 (c) Committing an act of repeat violence, sexual violence,
850 or dating violence, or serious violence by a known person
851 against the petitioner;
852 (d) Committing any other violation of the injunction
853 through an intentional unlawful threat, word, or act to do
854 violence to the petitioner;
855 (e) Telephoning, contacting, or otherwise communicating
856 with the petitioner directly or indirectly, unless the
857 injunction specifically allows indirect contact through a third
858 party;
859 (f) Knowingly and intentionally coming within 100 feet of
860 the petitioner’s motor vehicle, whether or not that vehicle is
861 occupied;
862 (g) Defacing or destroying the petitioner’s personal
863 property, including the petitioner’s motor vehicle; or
864 (h) Refusing to surrender firearms or ammunition if ordered
865 to do so by the court,
866
867 commits a misdemeanor of the first degree, punishable as
868 provided in s. 775.082 or s. 775.083, except as provided in
869 subsection (2).
870 Section 9. Subsection (4) of section 784.048, Florida
871 Statutes, is amended to read:
872 784.048 Stalking; definitions; penalties.—
873 (4) A person who, after an injunction for protection
874 against repeat violence, sexual violence, or dating violence, or
875 serious violence by a known person pursuant to s. 784.046, or an
876 injunction for protection against domestic violence pursuant to
877 s. 741.30, or after any other court-imposed prohibition of
878 conduct toward the subject person or that person’s property,
879 knowingly, willfully, maliciously, and repeatedly follows,
880 harasses, or cyberstalks another person commits the offense of
881 aggravated stalking, a felony of the third degree, punishable as
882 provided in s. 775.082, s. 775.083, or s. 775.084.
883 Section 10. Paragraph (m) of subsection (2) of section
884 934.03, Florida Statutes, is amended to read:
885 934.03 Interception and disclosure of wire, oral, or
886 electronic communications prohibited.—
887 (2)
888 (m) It is lawful under this section and ss. 934.04-934.09
889 for a person who is protected under an active temporary or final
890 injunction for repeat violence, sexual violence, or dating
891 violence, or serious violence by a known person under s.
892 784.046; stalking under s. 784.0485; domestic violence under s.
893 741.30; or any other court-imposed prohibition of conduct toward
894 the person to intercept and record a wire, oral, or electronic
895 communication received in violation of such injunction or court
896 order. A recording authorized under this paragraph may be
897 provided to a law enforcement agency, an attorney, or a court
898 for the purpose of evidencing a violation of an injunction or
899 court order if the subject of the injunction or court order
900 prohibiting contact has been served the injunction or is on
901 notice that the conduct is prohibited. A recording authorized
902 under this paragraph may not be otherwise disseminated or
903 shared.
904 Section 11. For the purpose of incorporating the amendment
905 made by this act to section 784.046, Florida Statutes, in
906 references thereto, paragraphs (a), (c), and (d) of subsection
907 (8) of section 28.2221, Florida Statutes, are reenacted to read:
908 28.2221 Electronic access to official records.—
909 (8)(a) Each county recorder or clerk of the court must make
910 the identity of each respondent against whom a final judgment
911 for an injunction for the protection of a minor under s. 741.30,
912 s. 784.046, or s. 784.0485 is entered, as well as the fact that
913 a final judgment for an injunction for the protection of a minor
914 under s. 741.30, s. 784.046, or s. 784.0485 has been entered
915 against that respondent, publicly available on the county
916 recorder’s or clerk of the court’s official website, unless the
917 respondent is a minor. The identity and information required
918 under this subsection must be viewable through a searchable
919 database that is available in a clear and conspicuous location
920 on the homepage of the county recorder’s or clerk of the court’s
921 official website and must be available for search by the general
922 public.
923 (c) Any information specified in this subsection not made
924 available by the county clerk of the court as provided in this
925 subsection before July 1, 2024, must be made publicly available
926 on the county recorder’s or clerk of the court’s official
927 website if the affected party identifies the information and
928 requests that such information be added for general public
929 display. Such request must be in writing and delivered by mail,
930 facsimile, or electronic transmission or in person to the county
931 recorder or clerk of the court. The request must specify the
932 case number assigned to the final judgment for an injunction for
933 the protection of a minor under s. 741.30, s. 784.046, or s.
934 784.0485. A fee may not be charged for the addition of
935 information pursuant to such request.
936 (d) No later than 30 days after July 1, 2024, notice of the
937 right of any affected party to request the addition of
938 information to the searchable database on the county recorder’s
939 or clerk of the court’s official website pursuant to this
940 subsection must be conspicuously and clearly displayed by the
941 county recorder or clerk of the court on the county recorder’s
942 or clerk of the court’s official website on which images or
943 copies of the county’s public records are placed and in the
944 office of each county recorder or clerk of the court. Such
945 notice must contain appropriate instructions for making the
946 addition of information request in person, by mail, by
947 facsimile, or by electronic transmission. The notice must state,
948 in substantially similar form, that any person has a right to
949 request that a county recorder or clerk of the court add
950 information to the searchable database on the county recorder’s
951 or clerk of the court’s official website if that information
952 involves the identity of a respondent against whom a final
953 judgment for an injunction for the protection of a minor under
954 s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the
955 respondent is a minor. The notice must also state that the
956 information related to the identity of each respondent against
957 whom a final judgment for an injunction for the protection of a
958 minor under s. 741.30, s. 784.046, or s. 784.0485 is entered is
959 available for search by the general public. The notice must
960 include step-by-step instructions detailing how a user can
961 access the searchable database and search for such information.
962 Such request must be made in writing and delivered by mail,
963 facsimile, or electronic transmission or in person to the county
964 recorder or clerk of the court. The request must specify the
965 case number assigned to the final judgment for an injunction for
966 the protection of a minor under s. 741.30, s. 784.046, or s.
967 784.0485. A fee may not be charged for the addition of a
968 document pursuant to such request.
969 Section 12. For the purpose of incorporating the amendment
970 made by this act to section 784.046, Florida Statutes, in a
971 reference thereto, paragraph (i) of subsection (2) of section
972 28.35, Florida Statutes, is reenacted to read:
973 28.35 Florida Clerks of Court Operations Corporation.—
974 (2) The duties of the corporation shall include the
975 following:
976 (i) Annually preparing a budget request which,
977 notwithstanding the provisions of chapter 216 and in accordance
978 with s. 216.351, provides the anticipated amount necessary for
979 reimbursement pursuant to ss. 40.29(6), 741.30(2)(a),
980 784.046(3)(b), 784.0485(2)(a), and 825.1035(4)(i). The request
981 for the anticipated reimbursement amount must be submitted in
982 the form and manner prescribed by the Justice Administrative
983 Commission. Such request is not subject to change by the Justice
984 Administrative Commission, except for technical changes
985 necessary to conform to the legislative budget instructions, and
986 must be submitted to the Governor for transmittal to the
987 Legislature.
988 Section 13. For the purpose of incorporating the amendment
989 made by this act to section 784.046, Florida Statutes, in a
990 reference thereto, subsection (8) of section 57.105, Florida
991 Statutes, is reenacted to read:
992 57.105 Attorney’s fee; sanctions for raising unsupported
993 claims or defenses; exceptions; service of motions; damages for
994 delay of litigation.—
995 (8) Attorney fees may not be awarded under this section in
996 proceedings for an injunction for protection pursuant to s.
997 741.30, s. 784.046, or s. 784.0485, unless the court finds by
998 clear and convincing evidence that the petitioner knowingly made
999 a false statement or allegation in the petition or that the
1000 respondent knowingly made a false statement or allegation in an
1001 asserted defense, with regard to a material matter as defined in
1002 s. 837.011(3).
1003 Section 14. For the purpose of incorporating the amendment
1004 made by this act to section 784.046, Florida Statutes, in a
1005 reference thereto, subsection (1) of section 61.1827, Florida
1006 Statutes, is reenacted to read:
1007 61.1827 Identifying information concerning applicants for
1008 and recipients of child support services.—
1009 (1) Any information that reveals the identity of applicants
1010 for or recipients of child support services, including the name,
1011 address, and telephone number of such persons, held by a non
1012 Title IV-D county child support enforcement agency is
1013 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1014 of the State Constitution. The use or disclosure of such
1015 information by the non-Title IV-D county child support
1016 enforcement agency is limited to the purposes directly connected
1017 with:
1018 (a) Any investigation, prosecution, or criminal or civil
1019 proceeding connected with the administration of any non-Title
1020 IV-D county child support enforcement program;
1021 (b) Mandatory disclosure of identifying and location
1022 information as provided in s. 61.13(7) by the non-Title IV-D
1023 county child support enforcement agency when providing non-Title
1024 IV-D services;
1025 (c) Mandatory disclosure of information as required by ss.
1026 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
1027 Social Security Act; or
1028 (d) Disclosure to an authorized person, as defined in 45
1029 C.F.R. s. 303.15, for purposes of enforcing any state or federal
1030 law with respect to the unlawful taking or restraint of a child
1031 or making or enforcing a parenting plan. As used in this
1032 paragraph, the term “authorized person” includes a parent with
1033 whom the child does not currently reside, unless a court has
1034 entered an order under s. 741.30, s. 741.31, or s. 784.046.
1035 Section 15. For the purpose of incorporating the amendment
1036 made by this act to section 784.046, Florida Statutes, in a
1037 reference thereto, subsection (2) of section 741.311, Florida
1038 Statutes, is reenacted to read:
1039 741.311 Hope Card Program for persons issued orders of
1040 protection.—
1041 (2) Beginning October 1, 2024, a person who has been issued
1042 a final judgment on injunction for protection under s. 741.30,
1043 s. 784.046, s. 784.0485, or s. 825.1035 may request a Hope Card
1044 from the clerk of the court of the circuit in which the order
1045 for an injunction for protection was entered. A person may
1046 request a Hope Card at the time the final judgment on injunction
1047 for protection is issued or at any other time before the
1048 expiration of the order for protection.
1049 Section 16. For the purpose of incorporating the amendment
1050 made by this act to section 784.046, Florida Statutes, in a
1051 reference thereto, subsection (2) of section 741.315, Florida
1052 Statutes, is reenacted to read:
1053 741.315 Recognition of foreign protection orders.—
1054 (2) Pursuant to 18 U.S.C. s. 2265, an injunction for
1055 protection against domestic violence issued by a court of a
1056 foreign state must be accorded full faith and credit by the
1057 courts of this state and enforced by a law enforcement agency as
1058 if it were the order of a Florida court issued under s. 741.30,
1059 s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487,
1060 and provided that the court had jurisdiction over the parties
1061 and the matter and that reasonable notice and opportunity to be
1062 heard was given to the person against whom the order is sought
1063 sufficient to protect that person’s right to due process. Ex
1064 parte foreign injunctions for protection are not eligible for
1065 enforcement under this section unless notice and opportunity to
1066 be heard have been provided within the time required by the
1067 foreign state or tribal law, and in any event within a
1068 reasonable time after the order is issued, sufficient to protect
1069 the respondent’s due process rights.
1070 Section 17. For the purpose of incorporating the amendment
1071 made by this act to section 784.046, Florida Statutes, in
1072 references thereto, paragraph (e) of subsection (2) and
1073 paragraph (c) of subsection (3) of section 790.401, Florida
1074 Statutes, are reenacted to read:
1075 790.401 Risk protection orders.—
1076 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
1077 an action known as a petition for a risk protection order.
1078 (e) A petition must:
1079 1. Allege that the respondent poses a significant danger of
1080 causing personal injury to himself or herself or others by
1081 having a firearm or any ammunition in his or her custody or
1082 control or by purchasing, possessing, or receiving a firearm or
1083 any ammunition, and must be accompanied by an affidavit made
1084 under oath stating the specific statements, actions, or facts
1085 that give rise to a reasonable fear of significant dangerous
1086 acts by the respondent;
1087 2. Identify the quantities, types, and locations of all
1088 firearms and ammunition the petitioner believes to be in the
1089 respondent’s current ownership, possession, custody, or control;
1090 and
1091 3. Identify whether there is a known existing protection
1092 order governing the respondent under s. 741.30, s. 784.046, or
1093 s. 784.0485 or under any other applicable statute.
1094 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
1095 (c) In determining whether grounds for a risk protection
1096 order exist, the court may consider any relevant evidence,
1097 including, but not limited to, any of the following:
1098 1. A recent act or threat of violence by the respondent
1099 against himself or herself or others, whether or not such
1100 violence or threat of violence involves a firearm.
1101 2. An act or threat of violence by the respondent within
1102 the past 12 months, including, but not limited to, acts or
1103 threats of violence by the respondent against himself or herself
1104 or others.
1105 3. Evidence of the respondent being seriously mentally ill
1106 or having recurring mental health issues.
1107 4. A violation by the respondent of a risk protection order
1108 or a no contact order issued under s. 741.30, s. 784.046, or s.
1109 784.0485.
1110 5. A previous or existing risk protection order issued
1111 against the respondent.
1112 6. A violation of a previous or existing risk protection
1113 order issued against the respondent.
1114 7. Whether the respondent, in this state or any other
1115 state, has been convicted of, had adjudication withheld on, or
1116 pled nolo contendere to a crime that constitutes domestic
1117 violence as defined in s. 741.28.
1118 8. Whether the respondent has used, or has threatened to
1119 use, against himself or herself or others any weapons.
1120 9. The unlawful or reckless use, display, or brandishing of
1121 a firearm by the respondent.
1122 10. The recurring use of, or threat to use, physical force
1123 by the respondent against another person or the respondent
1124 stalking another person.
1125 11. Whether the respondent, in this state or any other
1126 state, has been arrested for, convicted of, had adjudication
1127 withheld on, or pled nolo contendere to a crime involving
1128 violence or a threat of violence.
1129 12. Corroborated evidence of the abuse of controlled
1130 substances or alcohol by the respondent.
1131 13. Evidence of recent acquisition of firearms or
1132 ammunition by the respondent.
1133 14. Any relevant information from family and household
1134 members concerning the respondent.
1135 15. Witness testimony, taken while the witness is under
1136 oath, relating to the matter before the court.
1137 Section 18. For the purpose of incorporating the amendment
1138 made by this act to section 784.046, Florida Statutes, in a
1139 reference thereto, subsection (6) of section 901.15, Florida
1140 Statutes, is reenacted to read:
1141 901.15 When arrest by officer without warrant is lawful.—A
1142 law enforcement officer may arrest a person without a warrant
1143 when:
1144 (6) There is probable cause to believe that the person has
1145 committed a criminal act according to s. 790.233 or according to
1146 s. 741.31, s. 784.047, or s. 825.1036 which violates an
1147 injunction for protection entered pursuant to s. 741.30, s.
1148 784.046, or s. 825.1035 or a foreign protection order accorded
1149 full faith and credit pursuant to s. 741.315, over the objection
1150 of the petitioner, if necessary.
1151 Section 19. For the purpose of incorporating the amendment
1152 made by this act to section 784.046, Florida Statutes, in a
1153 reference thereto, subsection (5) of section 901.41, Florida
1154 Statutes, is reenacted to read:
1155 901.41 Prearrest diversion programs.—
1156 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
1157 of domestic violence, as defined in s. 741.28, or a misdemeanor
1158 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
1159 s. 784.0487, or s. 784.049 does not qualify for a civil citation
1160 or prearrest diversion program.
1161 Section 20. For the purpose of incorporating the amendment
1162 made by this act to section 784.046, Florida Statutes, in a
1163 reference thereto, paragraph (p) of subsection (6) of section
1164 921.141, Florida Statutes, is reenacted to read:
1165 921.141 Sentence of death or life imprisonment for capital
1166 felonies; further proceedings to determine sentence.—
1167 (6) AGGRAVATING FACTORS.—Aggravating factors shall be
1168 limited to the following:
1169 (p) The capital felony was committed by a person subject to
1170 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1171 foreign protection order accorded full faith and credit pursuant
1172 to s. 741.315, and was committed against the petitioner who
1173 obtained the injunction or protection order or any spouse,
1174 child, sibling, or parent of the petitioner.
1175 Section 21. For the purpose of incorporating the amendment
1176 made by this act to section 784.046, Florida Statutes, in a
1177 reference thereto, paragraph (j) of subsection (7) of section
1178 921.1425, Florida Statutes, is reenacted to read:
1179 921.1425 Sentence of death or life imprisonment for capital
1180 sexual battery; further proceedings to determine sentence.—
1181 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
1182 limited to the following:
1183 (j) The capital felony was committed by a person subject to
1184 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1185 foreign protection order accorded full faith and credit pursuant
1186 to s. 741.315, and was committed against the petitioner who
1187 obtained the injunction or protection order or any spouse,
1188 child, sibling, or parent of the petitioner.
1189 Section 22. For the purpose of incorporating the amendment
1190 made by this act to section 784.046, Florida Statutes, in a
1191 reference thereto, paragraph (i) of subsection (7) of section
1192 921.1427, Florida Statutes, is reenacted to read:
1193 921.1427 Sentence of death or life imprisonment for capital
1194 human trafficking of vulnerable persons for sexual exploitation;
1195 further proceedings to determine sentence.—
1196 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
1197 limited to the following:
1198 (i) The capital felony was committed by a person subject to
1199 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
1200 foreign protection order accorded full faith and credit pursuant
1201 to s. 741.315, and was committed against the petitioner who
1202 obtained the injunction or protection order or any spouse,
1203 child, sibling, or parent of the petitioner.
1204 Section 23. For the purpose of incorporating the amendment
1205 made by this act to section 784.046, Florida Statutes, in a
1206 reference thereto, subsection (3) of section 934.425, Florida
1207 Statutes, is reenacted to read:
1208 934.425 Installation or use of tracking devices or tracking
1209 applications; exceptions; penalties.—
1210 (3) For purposes of this section, a person’s consent is
1211 presumed to be revoked if:
1212 (a) The consenting person and the person to whom consent
1213 was given are lawfully married and one person files a petition
1214 for dissolution of marriage from the other; or
1215 (b) The consenting person or the person to whom consent was
1216 given files an injunction for protection against the other
1217 person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
1218 784.0485.
1219 Section 24. This act shall take effect July 1, 2026.