CS/SB 32 full text · Session Watch

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.

59 Be It Enacted by the Legislature of the State of Florida:

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,

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.

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:

219 PETITION FOR INJUNCTION FOR PROTECTION

220 AGAINST REPEAT VIOLENCE, SEXUAL

221 VIOLENCE, OR DATING VIOLENCE , OR

222 SERIOUS VIOLENCE BY A KNOWN PERSON

224 The undersigned petitioner ...(name)... declares under

225 penalties of perjury that the following statements are true:

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)...

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)...

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)...

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.

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:

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.

294 ...(initials)...

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:

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. ”

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.

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.

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.

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,

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.