Florida 2024 Regular Session Status: In Committee Bipartisan · 6 D · 2 R cosponsors

HB 45 — Hope Cards for Persons Issued Orders of Protection

Last action — Laid on Table, companion bill(s) passed, see CS/CS/CS/SB 86 (Ch. 2024-109)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Hope Cards for Persons Issued Orders of Protection; Requires clerks of circuit court, in consultation with Office of Attorney General, to develop & implement Hope Card Program; requires clerks to implement program; authorizes persons to request Hope Card after specified date; specifies when & how person may request Hope Card; requires clerks' offices to create Hope Card & provide such card to petitioners within specified time frame; prohibits assessment of fee; provides requirements for Hope Card; provides criminal penalties for fraudulent use of Hope Card.

Bill Text

What changed in the latest version

161 added · 109 removed

161 line(s) added, 109 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB45 2024 A bill to be entitled An act relating to Hope Cards for persons issued orders of protection;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB45 2024 A bill to be entitled An act relating to Hope Cards for persons issued orders of protection;
requiring the clerks of the circuit court, in consultation with the Office of the Attorney General, to develop and implement the Hope Card Program;
requiring the Office of the State Courts Administrator, in consultation with others, to develop the Hope Card Program;
authorizing certain persons to request a Hope Card after a specified date;
requiring the clerks of the circuit courts to implement the program;
specifying when and how a person may request a Hope Card;
authorizing certain persons to apply for a Hope Card after a specified date;
requiring clerks' offices to create a Hope Card and provide such card to petitioners within a specified time frame;
requiring applications for a Hope Card to be available online and in the clerks' offices;
requiring clerks' offices to mail, by certified mail, a Hope Card to petitioners within a specified time frame;
amending s.
741.315, F.S.;
authorizing a person protected by an injunction for protection issued by a court of a foreign state to apply for and receive a Hope Card even if the person does not register the order for protection in this state;
Section 1.
Page 1of 6 CODING:
Section 741.311, Florida Statutes, is created to read:
741.311 Hope Card Program for persons issued orders of protection.— (1) The clerks of the circuit court, in consultation with Page 1of 4 CODING:
hb0045-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB45 2024 the Office of the Attorney General, shall develop and implement the Hope Card Program, which provides for the issuance of a Hope Card to any person who has been issued an order of protection by a county or circuit court in this state.
hb0045-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB45 2024 Section 1.
(2) Beginning October 1, 2024, a person who has been issued a final judgment on injunction for protection under s.
Section 741.311, Florida Statutes, is created to read:
741.311 Hope Card Program for persons issued orders of protection.— (1) The Office of the State Courts Administrator, in consultation with the Office of the Attorney General and the clerks of the circuit courts through their association, shall develop the Hope Card Program, which provides for the issuance of a Hope Card to any person who has been issued an order of protection by a county or circuit court in this state, or by a court of a foreign state pursuant to s.
741.315.
The clerks of the circuit courts shall implement the Hope Card Program.
(2) Beginning July 1, 2024, a person who has been issued a final judgment on injunction for protection under s.
825.1035 may request a Hope Card from the clerk of the court of the circuit in which the order for an injunction for protection was entered.
825.1035 may apply for a Hope Card with the clerk of the court of the circuit where the petition for an injunction for protection was initially filed.
A person may request a Hope Card at the time the final judgment on injunction for protection is issued or at any other time before the expiration of the order for protection.
A person protected by a foreign protection order under s.
(3) After the court has issued a final judgment on injunction for protection and within 3 business days after receipt of a request for a Hope Card, the clerk of the court shall create the Hope Card and provide it to the petitioner.
741.315 may submit an application for a Hope Card to any clerk of court in the state.
(4) The clerk of the court may not assess a fee for the issuance of a Hope Card.
A person may apply for a Hope Card at the time the final judgment on injunction for protection is issued or at any other time before the expiration of the order of protection.
(5) A Hope Card is valid for 2 years after the date of issuance of the final order or the expiration date of the injunction, whichever is earlier.
(3) Hope Card applications must be available on the website of each clerk of the court and paper applications must Page 2of 6 CODING:
A Hope Card may be renewed after the 2-year period if the injunction is still in effect.
(6) A Hope Card issued under the program must be a durable, wallet-sized card containing all of the following information:
Page 2of 4 CODING:
hb0045-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB45 2024 (a) The respondent's name and date of birth.
hb0045-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB45 2024 also be available at the clerk's office.
(b) The name and date of birth of the petitioner or protected person.
After the court has issued an injunction for protection and within 24 hours after receipt of an application, the clerk of the court shall mail the Hope Card to the petitioner by certified mail.
(c) Information regarding the issuing court;
(4) The clerk of the court may not assess a fee for the issuance of a Hope Card.
(5) A Hope Card is valid for 2 years after the date of issuance or the expiration date of the injunction for protection, whichever is earlier.
A Hope Card may be renewed after the 2-year period if the injunction for protection is still in effect.
(6) A Hope Card issued under the program must be a durable, laminated, wallet-sized card containing all of the following information:
(a) The respondent's name, date of birth, height, weight, sex, race, eye color, hair color, and any other distinguishing features or characteristics of the respondent.
(b) The petitioner's name and date of birth and the names and dates of birth of any minor children protected under the order.
(c) The name and date of birth, if applicable, of any other person or animal protected under the order.
(d) Pertinent information about the order of protection, including, but not limited to, the issuing court;
and the expiration date, if any, of the order of protection.
the Page 3of 6 CODING:
(d) The date of issuance and the expiration date of the Hope Card.
Words strickenare deletions;
(7) A person who, having actual knowledge that he or she is not protected by an injunction that is currently in force and effect, knowingly and willfully presents to another person a Hope Card or other document purporting to be a Hope Card for the purpose of evidencing the existence of an injunction, commits a misdemeanor of the second degree, punishable as provided in s.
words underlined are additions.
hb0045-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB45 2024 expiration date, if any, of the order of protection;
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the locations from which the respondent is restrained;
and any other relevant details of the order.
(e) A statement providing that the Hope Card is valid for 2 years after the date of issuance or until the expiration date of the injunction for protection, whichever is earlier.
(7) A person who, having actual knowledge that he or she is not protected by an injunction that is currently in full force and effect, knowingly and willfully presents to another person a Hope Card or other document purporting to be a Hope Card for the purpose of evidencing the existence of an injunction for protection, commits a misdemeanor of the second degree, punishable as provided in s.
public records exemption.— (8) (d) The petitioner may request a Hope Card under s.
public records exemption.— (8) (d) If the petitioner applies for a Hope Card under s.
741.311 after the court has issued a final order of protection.
741.311, after the court has issued a final order of protection, the clerk of the court must mail the Hope Card to the petitioner by certified mail within 24 hours after receipt of the petitioner's application for the card.
Section 3.
Page 4of 6 CODING:
Paragraph (d) is added to subsection (8) of Page 3of 4 CODING:
hb0045-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB45 2024 section 784.046, Florida Statutes, to read:
hb0045-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB45 2024 Section 3.
Subsections (4), (5), and (6) of section 741.315, Florida Statutes, are renumbered as subsections (5), (6), and (7), respectively, and a new subsection (4) is added to that section, to read:
741.315 Recognition of foreign protection orders.— (4) A person protected by an injunction for protection issued by a court of a foreign state may apply for a Hope Card under s.
741.311, as if the order of protection was issued by a Florida court.
Failure to register a foreign order does not preclude a protected person from applying and receiving a Hope Card.
Section 4.
Paragraph (d) is added to subsection (8) of section 784.046, Florida Statutes, to read:
public records exemption.— (8) (d) The petitioner may request a Hope Card under s.
public records exemption.— (8) (d) If the petitioner applies for a Hope Card under s.
741.311 after the court has issued a final order of protection.
741.311, after the court has issued a final order of protection, the clerk of the court must mail the Hope Card to the petitioner by certified mail within 24 hours after receipt of the petitioner's application for the card.
Section 4.
Section 5.
784.0485 Stalking;
Page 5of 6 CODING:
Words strickenare deletions;
words underlined are additions.
hb0045-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB45 2024 784.0485 Stalking;
enforcement.— (8) (c) The petitioner may request a Hope Card under s.
enforcement.— (8) (c) If the petitioner applies for a Hope Card under s.
741.311 after the court has issued a final order of protection.
741.311, after the court has issued a final order of protection, the clerk of the court must mail the Hope Card to the petitioner by certified mail within 24 hours after receipt of the petitioner's application for the card.
Section 5.
Section 6.
HOPE CARD.— (c) The petitioner may request a Hope Card under s.
HOPE CARD.— (c) If the petitioner applies for a Hope Card under s.
741.311 after the court has issued a final order of protection.
741.311, after the court has issued a final order of protection, the clerk of the court must mail the Hope Card to the petitioner by certified mail within 24 hours after receipt of the petitioner's application for the card.
Section 6.
Section 7.
This act shall take effect October 1, 2024.
This act shall take effect July 1, 2024.
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hb0045-02-c2
hb0045-01-c1
View plain text versions (3)

Action History

  1. Laid on Table, companion bill(s) passed, see CS/CS/CS/SB 86 (Ch. 2024-109)

  2. Added to Second Reading Calendar

  3. Temporarily postponed, on 2nd Reading

  4. Bill added to Special Order Calendar (2/27/2024)

  5. Added to Second Reading Calendar

  6. Bill released to House Calendar

  7. Reported out of Judiciary Committee

  8. Favorable by Judiciary Committee

  9. Added to Judiciary Committee agenda

  10. Now in Judiciary Committee

  11. Referred to Judiciary Committee

  12. 1st Reading (Committee Substitute 2)

  13. CS Filed

  14. Laid on Table under Rule 7.18(a)

  15. Reported out of Justice Appropriations Subcommittee

  16. Favorable with CS by Justice Appropriations Subcommittee

  17. Added to Justice Appropriations Subcommittee agenda

  18. Now in Justice Appropriations Subcommittee

  19. Referred to Judiciary Committee

  20. Referred to Justice Appropriations Subcommittee

  21. 1st Reading (Committee Substitute 1)

  22. CS Filed

  23. Laid on Table under Rule 7.18(a)

  24. Reported out of Civil Justice Subcommittee

  25. Favorable with CS by Civil Justice Subcommittee

  26. 1st Reading (Original Filed Version)

  27. Added to Civil Justice Subcommittee agenda

  28. Now in Civil Justice Subcommittee

  29. Referred to Judiciary Committee

  30. Referred to Justice Appropriations Subcommittee

  31. Referred to Civil Justice Subcommittee

  32. Filed

Sponsors

Sponsorship breakdown

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4 sponsors · 6 co-sponsors · 154 not signed on

Sponsors (4)

Co-sponsors (6)

Not signed on (154)

154 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 20 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democrat 6002
Republican 12001
Total 20003
% of votes cast 87%0%0%13%
How each member voted (23)
Member Party Vote
Altman — Yea
Payne — Yea
Arrington, Kristen Aston Democrat Yea
Bracy Davis, LaVon Democrat Yea
Chambliss, Kevin D. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Not Voting
Hinson, Yvonne Hayes Democrat Yea
Joseph, Dotie Democrat Not Voting
Barnaby, Webster Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Chamberlin, Ryan Republican Yea
Giallombardo, Mike Republican Yea
Jacques, Berny Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democrat 2001
Republican 9001
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Beltran — Yea
Waldron — Yea
Bracy Davis, LaVon Democrat Not Voting
Campbell, Daryl Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Jacques, Berny Republican Yea
Redondo, Mike Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Valdés, Susan L. Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 5001
Unaffiliated 2000
Republican 9000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Beltran — Yea
Roth — Yea
Arrington, Kristen Aston Democrat Yea
Campbell, Daryl Democrat Not Voting
Daniels, Kimberly Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
López, Johanna Democrat Yea
Black, Dean Republican Yea
Chamberlin, Ryan Republican Yea
Koster, Traci Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
McFarland, Fiona Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 45 do?
Hope Cards for Persons Issued Orders of Protection; Requires clerks of circuit court, in consultation with Office of Attorney General, to develop & implement Hope Card Program; requires clerks to implement program; authorizes persons to request Hope Card after specified date; specifies when & how person may request Hope Card; requires clerks' offices to create Hope Card & provide such card to petitioners within specified time frame; prohibits assessment of fee; provides requirements for Hope Card; provides criminal penalties for fraudulent use of Hope Card.
Who sponsors HB 45?
HB 45 is sponsored by Gottlieb, Michael "Mike" (Democrat), Koster, Traci (Republican), Arrington, Kristen Aston (Democrat), Chaney, Linda (Republican), Eskamani, Dr. Anna V. (Democrat), Hunschofsky, Christine (Democrat), López, Johanna (Democrat), Tant, Allison (Democrat), Civil Justice Subcommittee, and Justice Appropriations Subcommittee.
What is the current status of HB 45?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 45?
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