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1
2An act relating to domestic violence and protective
3injunctions; amending s. 741.28, F.S.; defining the
4term "military protective order"; creating s.
5741.2801, F.S.; defining the term "conviction";
6reclassifying penalties for committing a domestic
7violence offense if a person has a prior conviction
8for domestic violence; providing that sentencing and
9incentive gain-time eligibility determinations are
10made without regard to a penalty enhancement;
11providing an exception; creating s. 741.2905, F.S.;
12establishing an electronic monitoring pilot program in
13a specified county; authorizing, and in certain
14circumstances requiring, a court to order electronic
15monitoring supervision if certain conditions are met;
16requiring the sheriff, in consultation with certain
17persons, to design and implement the pilot program;
18providing requirements for the pilot program;
19requiring the sheriff to complete an evaluation and
20provide specified reports to the Legislature;
21providing requirements for such reports; requiring an
22order for electronic monitoring supervision to
23terminate on a specified date; providing for repeal of
24the pilot program; creating s. 741.2906, F.S.;
25defining the term "department"; establishing an
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26electronic monitoring pilot program in a specified
27judicial circuit; authorizing, and in certain
28circumstances requiring, a court to order electronic
29monitoring supervision if certain conditions are met;
30providing requirements for the pilot program;
31requiring the Department of Corrections to complete an
32evaluation and provide specified reports to the
33Legislature; providing requirements for such reports;
34requiring an order for electronic monitoring
35supervision to terminate on a specified date;
36providing for repeal of the pilot program; amending s.
37741.30, F.S.; revising the information contained in a
38petition for injunction for protection against
39domestic violence; revising the factors a judge may
40consider in determining whether to grant a petition
41for injunction against domestic violence; requiring
42the Department of Law Enforcement to enter injunctions
43against dating violence and sexual violence into a
44statewide verification system; amending s. 741.31,
45F.S.; providing that a person who has a prior
46conviction for a crime of domestic violence or
47violation of an injunction or foreign protection
48order, and who subsequently commits a violation of any
49injunction or foreign protection order against the
50same victim, commits a felony of the third degree;
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51requiring a law enforcement officer to make a
52specified notification if he or she has probable cause
53to believe that a person violated a military
54protective order; amending s. 943.05, F.S.; conforming
55provisions to changes made by the act; amending s.
56960.198, F.S.; increasing the dollar amounts for
57relocation assistance for victims of domestic
58violence; providing an effective date.
59
60    Be It Enacted by the Legislature of the State of Florida:
61
62Section 1.  Subsection (5) is added to section 741.28,
63    Florida Statutes, to read:
64741.28       Domestic violence; definitions.—As used in ss.
65    741.28-741.31:
66(5)     "Military protective order" means a protective order
67    issued in accordance with 10 U.S.C. s. 1567 by a commanding
68    officer in the Armed Forces of the United States or the National
69    Guard of any state against a person under such officer's
70    command.
71Section 2.  Section 741.2801, Florida Statutes, is created
72    to read:
73741.2801  Domestic violence; enhanced penalties.—
74(1)     As used in this section, the term "conviction" means a
75    determination of guilt that is the result of a plea or trial,
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76     regardless of whether adjudication is withheld or a plea of nolo
77     contendere is entered.
78(2)     The penalty for a crime of domestic violence shall be
79     reclassified if, at the time of the commission of the offense,
80     the offender has a prior conviction for a crime of domestic
81     violence. The reclassification is as follows:
82(a)     A misdemeanor of the second degree is reclassified to
83     a misdemeanor of the first degree.
84(b)     A misdemeanor of the first degree is reclassified to a
85     felony of the third degree. For purposes of sentencing under
86     chapter 921, such offense is ranked in level 1 of the offense
87     severity ranking chart.
88(c)     A felony of the third degree is reclassified to a
89     felony of the second degree.
90(d)     A felony of the second degree is reclassified to a
91     felony of the first degree.
92(e)     A felony of the first degree is reclassified to a life
93     felony.
94
95     For purposes of sentencing under chapter 921 and determining
96     incentive gain-time eligibility under chapter 944, a felony
97     offense that is reclassified under this section is ranked as
98     provided in s. 921.0022 or s. 921.0023 without regard to the
99     penalty enhancement in this section.
100(3)     The penalty enhancement in this section does not apply
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101    to a conviction for felony battery under s. 784.03(2).
102Section 3.  Section 741.2905, Florida Statutes, is created
103    to read:
104741.2905  Domestic Violence and Violation of Protective
105    Injunction Electronic Monitoring Pilot Program.—
106(1)     An electronic monitoring pilot program is established
107    in Pinellas County beginning on July 1, 2026, and ending on June
108    30, 2028.
109(2)     For an offense committed on or after July 1, 2026, if
110    a person who is 18 years of age or older is found guilty of, has
111    adjudication withheld on, or pleads nolo contendere to a
112    misdemeanor crime of domestic violence as defined in s. 741.28,
113    a violation of an injunction for protection against domestic
114    violence under s. 741.31, or a violation of an injunction for
115    protection against sexual violence or dating violence under s.
116    784.047, and a court enters a no contact order with the victim
117    as a condition of the person's probation, the court in the
118    participating county:
119(a)     May order the person to have electronic monitoring
120    supervision as a condition of his or her probation.
121(b)     Must order the person to have electronic monitoring
122    supervision as a condition of his or her probation if the court
123    finds that there is clear and convincing evidence that the
124    defendant poses a threat of violence or physical harm to the
125    victim. In making such determination, the court must consider
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126    whether the defendant has previously been convicted for
127    violating an injunction for protection against domestic
128    violence, dating violence, sexual violence, or stalking.
129(3)     The sheriff in Pinellas County, in consultation with
130    the chief judge of the judicial circuit, the state attorney, and
131    the public defender, shall design and implement the electronic
132    monitoring pilot program established under this section. The
133    pilot program must comply with the following:
134(a)     Notwithstanding any other law, the sheriff shall
135    manage the electronic monitoring supervision of all persons
136    ordered to such supervision under this section. Any other terms
137    and conditions of a person's probation shall be managed in
138    accordance with current law.
139(b)     A person designated by the sheriff must meet with any
140    person ordered to electronic monitoring under this section, and
141    he or she must explain the conditions of electronic monitoring
142    supervision, including identifying prohibited locations, and the
143    consequences for noncompliance with such conditions.
144(c)     A person ordered to electronic monitoring supervision
145    under this section must pay the costs for such supervision. The
146    sheriff, at his or her discretion, may reduce or waive the costs
147    of electronic monitoring supervision.
148(d)     A court may not order electronic monitoring
149    supervision in lieu of any other mandatory term or condition of
150    probation, including participation in a batterers' intervention
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151    program required under s. 741.281.
152(e)     The sheriff must specify a procedure by which a person
153    ordered to electronic monitoring supervision under this section
154    may petition a court to remove such order, including terminating
155    the order, if the person establishes a permanent residence in
156    another state.
157(4)     The sheriff in Pinellas County must complete an
158    evaluation of the pilot program's effectiveness and provide to
159    the President of the Senate and the Speaker of the House of
160    Representatives an initial report by March 1, 2027, a subsequent
161    report by January 1, 2028, and a final report by September 1,
162    2028. Each report must include all of the following information:
163(a)     The number of persons placed on electronic monitoring
164    supervision.
165(b)     The number of violations of electronic monitoring
166    supervision, including the reason for each violation.
167(c)     The cost of providing electronic monitoring
168    supervision and how much money the sheriff received to pay for
169    such supervision.
170(d)     Recommendations on how to improve the efficacy of the
171    pilot program and any difficulties with implementing the pilot
172    program.
173(e)     Any other relevant information.
174(5)     An order requiring electronic monitoring supervision
175    must terminate by June 30, 2028.
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176(6)     This section is repealed July 1, 2028.
177Section 4.  Section 741.2906, Florida Statutes, is created
178    to read:
179741.2906  Felony Domestic Violence and Violation of
180    Protective Injunction Electronic Monitoring Pilot Program.—
181(1)     As used in this section, the term "department" means
182    the Department of Corrections.
183(2)     An electronic monitoring pilot program is established
184    in the Sixth Judicial Circuit beginning on July 1, 2026, and
185    ending on June 30, 2028.
186(3)     For an offense committed on or after July 1, 2026, if
187    a person who is 18 years of age or older is found guilty of, has
188    adjudication withheld on, or pleads nolo contendere to a felony
189    crime of domestic violence as defined in s. 741.28, a felony
190    violation of an injunction for protection against domestic
191    violence under s. 741.31, or a felony violation of an injunction
192    for protection against sexual violence or dating violence under
193    s. 784.047, and a court enters a no contact order with the
194    victim as a condition of the person's probation, the court in
195    the judicial circuit:
196(a)     May order the person to have electronic monitoring
197    supervision as a condition of his or her probation.
198(b)     Must order the person to have electronic monitoring
199    supervision as a condition of his or her probation if the court
200    finds that there is clear and convincing evidence that the
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201    defendant poses a threat of violence or physical harm to the
202    victim. In making such determination, the court must consider
203    whether the defendant has previously been convicted for
204    violating an injunction for protection against domestic
205    violence, dating violence, sexual violence, or stalking.
206(4)     The pilot program must comply with the following:
207(a)     A person designated by the department must meet with
208    any person ordered to electronic monitoring supervision under
209    this section, and he or she must explain the conditions of
210    electronic monitoring supervision, including identifying
211    prohibited locations, and the consequences for noncompliance
212    with such conditions.
213(b)     A person ordered to electronic monitoring supervision
214    under this section must pay the costs for such supervision as
215    provided in s. 948.09.
216(c)     A court may not order electronic monitoring
217    supervision in lieu of any other mandatory term or condition of
218    probation, including participation in a batterers' intervention
219    program required under s. 741.281.
220(d)     The department must specify a procedure by which a
221    person ordered to electronic monitoring supervision under this
222    section may petition a court to remove such order.
223(5)     The department must complete an evaluation of the
224    pilot program's effectiveness and provide to the President of
225    the Senate and the Speaker of the House of Representatives an
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226    initial report by March 1, 2027, a subsequent report by January
227    1, 2028, and a final report by September 1, 2028. Each report
228    must include all of the following information:
229(a)     The number of persons placed on electronic monitoring
230    supervision.
231(b)     The number of violations of electronic monitoring
232    supervision, including the reason for each violation.
233(c)     The cost of providing electronic monitoring
234    supervision and how much money the department received to pay
235    for such supervision.
236(d)     Recommendations on how to improve the efficacy of the
237    pilot program and any difficulties with implementing the pilot
238    program.
239(e)     Any other relevant information.
240(6)     The department may adopt rules to implement this
241    section.
242(7)     This section is repealed July 1, 2028.
243Section 5.  Paragraph (b) of subsection (3), paragraph (b)
244    of subsection (6), and paragraph (b) of subsection (8) of
245    section 741.30, Florida Statutes, are amended to read:
246741.30       Domestic violence; injunction; powers and duties of
247    court and clerk; petition; notice and hearing; temporary
248    injunction; issuance of injunction; statewide verification
249    system; enforcement; public records exemption.—
250(3)
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251(b)     The verified petition shall be in substantially the
252    following form:
253PETITION FOR
254INJUNCTION FOR PROTECTION
255AGAINST DOMESTIC VIOLENCE
256    The undersigned petitioner ...(name)... declares under penalties
257    of perjury that the following statements are true:
258(a)     Petitioner resides at: ...(address)...
259(Petitioner may furnish address to the court in a separate
260    confidential filing if, for safety reasons, the petitioner
261    requires the location of the current residence to be
262    confidential.)
263(b)     Respondent resides at: ...(last known address)...
264(c)     Respondent's last known place of employment: ...(name
265    of business and address)...
266(d)     Physical description of respondent:....................
267Race........
268Sex........
269Date of birth........
270Height........
271Weight........
272Eye color........
273Hair color........
274Distinguishing marks or scars........
275(e)     Aliases of respondent:.................................
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276(f)     Respondent is the spouse or former spouse of the
277    petitioner or is any other person related by blood or marriage
278    to the petitioner or is any other person who is or was residing
279    within a single dwelling unit with the petitioner, as if a
280    family, or is a person with whom the petitioner has a child in
281    common, regardless of whether the petitioner and respondent are
282    or were married or residing together, as if a family.
283(g)     The following describes any other cause of action
284    currently pending between the petitioner and respondent:.........
285
286The petitioner should also describe any previous or pending
287    attempts by the petitioner to obtain an injunction for
288    protection against domestic violence in this or any other
289    circuit, and the results of that attempt:........................
290
291    Case numbers should be included if available.
292(h)     Petitioner is either a victim of domestic violence or
293    has reasonable cause to believe he or she is in imminent danger
294    of becoming a victim of domestic violence because respondent
295    has: ...(mark all sections that apply and describe in the spaces
296    below the incidents of violence or threats of violence,
297    specifying when and where they occurred, including, but not
298    limited to, locations such as a home, school, place of
299    employment, or visitation exchange)...
300    ................................................................
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301    ................................................................
302....committed or threatened to commit domestic violence
303    defined in s. 741.28, Florida Statutes, as any assault,
304    aggravated assault, battery, aggravated battery, sexual assault,
305    sexual battery, stalking, aggravated stalking, kidnapping, false
306    imprisonment, or any criminal offense resulting in physical
307    injury or death of one family or household member by another.
308    With the exception of persons who are parents of a child in
309    common, the family or household members must be currently
310    residing or have in the past resided together in the same single
311    dwelling unit.
312....previously threatened, harassed, stalked, or physically
313    abused the petitioner.
314....attempted to harm the petitioner or family members or
315    individuals closely associated with the petitioner.
316....threatened to conceal, kidnap, or harm the petitioner's
317    child or children.
318....intentionally injured or killed or threatened to injure
319    or kill a family pet, including a service animal as defined in
320    s. 413.08(1), Florida Statutes, or an emotional support animal
321    as defined in s. 760.27(1), Florida Statutes.
322....used, or has threatened to use, against the petitioner
323    any weapons such as guns or knives.
324....physically restrained the petitioner from leaving the
325    home or calling law enforcement.
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326....a criminal history involving violence or the threat of
327    violence (if known).
328....another order of protection issued against him or her
329    previously or from another jurisdiction (if known).
330....destroyed personal property, including, but not limited
331    to, telephones or other communication equipment, clothing, or
332    other items belonging to the petitioner.
333....engaged in a pattern of abusive, threatening,
334    intimidating, or controlling behavior composed of a series of
335    acts over a period of time, however short.
336....engaged in any other behavior or conduct that leads the
337    petitioner to have reasonable cause to believe he or she is in
338    imminent danger of becoming a victim of domestic violence.
339(i)     Petitioner alleges the following additional specific
340    facts: ...(mark appropriate sections)...
341....A minor child or minor children reside with the
342    petitioner whose names and ages are as follows:..................
343
344....Petitioner needs the exclusive use and possession of
345    the dwelling that the parties share.
346....Petitioner is unable to obtain safe alternative housing
347    because:.........................................................
348
349....Petitioner genuinely fears that respondent imminently
350    will abuse, remove, or hide the minor child or children from
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351    petitioner because:..............................................
352
353(j)     Petitioner genuinely fears imminent domestic violence
354    by respondent.
355(k)     Petitioner seeks an injunction: ...(mark appropriate
356    section or sections)...
357....Immediately restraining the respondent from committing
358    any acts of domestic violence.
359....Restraining the respondent from committing any acts of
360    domestic violence.
361....Awarding to the petitioner the temporary exclusive use
362    and possession of the dwelling that the parties share or
363    excluding the respondent from the residence of the petitioner.
364....Providing a temporary parenting plan, including a
365    temporary time-sharing schedule, with regard to the minor child
366    or children of the parties which might involve prohibiting or
367    limiting time-sharing or requiring that it be supervised by a
368    third party.
369....Designating that the exchange of the minor child or
370    children of the parties must occur at a neutral safe exchange
371    location as provided in s. 125.01(8) or a location authorized by
372    a supervised visitation program as defined in s. 753.01 if
373    temporary time-sharing of the child is awarded to the
374    respondent.
375....Establishing temporary support for the minor child or
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376    children or the petitioner.
377....Directing the respondent to participate in a batterers'
378    intervention program.
379....Providing any terms the court deems necessary for the
380    protection of a victim of domestic violence, or any minor
381    children of the victim, including any injunctions or directives
382    to law enforcement agencies.
383(6)
384(b)      In determining whether a petitioner has reasonable
385    cause to believe he or she is in imminent danger of becoming a
386    victim of domestic violence, the court shall consider and
387    evaluate all relevant factors alleged in the petition,
388    including, but not limited to:
3891.      The history between the petitioner and the respondent,
390    including threats, harassment, stalking, and physical abuse.
3912.      Whether the respondent has attempted to harm the
392    petitioner or family members or individuals closely associated
393    with the petitioner.
3943.      Whether the respondent has threatened to conceal,
395    kidnap, or harm the petitioner's child or children.
3964.      Whether the respondent has intentionally injured or
397    killed or threatened to injure or kill a family pet, including a
398    service animal as defined in s. 413.08(1) or an emotional
399    support animal as defined in s. 760.27(1).
4005.      Whether the respondent has used, or has threatened to
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401    use, against the petitioner any weapons such as guns or knives.
4026.      Whether the respondent has physically restrained the
403    petitioner from leaving the home or calling law enforcement.
4047.      Whether the respondent has a criminal history involving
405    violence or the threat of violence.
4068.      The existence of a verifiable order of protection
407    issued previously or from another jurisdiction, including a
408    military protective order.
4099.      Whether the respondent has destroyed personal property,
410    including, but not limited to, telephones or other
411    communications equipment, clothing, or other items belonging to
412    the petitioner.
41310.      Whether the respondent has or had engaged in a pattern
414    of abusive, threatening, intimidating, or controlling behavior
415    composed of a series of acts over a period of time, however
416    short, which evidences a continuity of purpose and which
417    reasonably causes the petitioner to believe that the petitioner
418    or his or her minor child or children are in imminent danger of
419    becoming victims of any act of domestic violence.
42011.      Whether the respondent engaged in any other behavior
421    or conduct that leads the petitioner to have reasonable cause to
422    believe that he or she is in imminent danger of becoming a
423    victim of domestic violence.
424
425    In making its determination under this paragraph, the court is
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426    not limited to those factors enumerated in subparagraphs 1.-11.
427(8)
428(b)     A Domestic, Dating, Sexual, and Repeat Violence
429    Injunction Statewide Verification System is created within the
430    Department of Law Enforcement. The department shall establish,
431    implement, and maintain a statewide communication system capable
432    of electronically transmitting information to and between
433    criminal justice agencies relating to domestic violence
434    injunctions, dating violence injunctions, sexual violence
435    injunctions, and repeat violence injunctions issued by the
436    courts throughout the state. Such information must include, but
437    is not limited to, information as to the existence and status of
438    any injunction for verification purposes.
439Section 6.  Paragraph (c) of subsection (4) of section
440    741.31, Florida Statutes, is amended, and subsection (7) is
441    added to that section, to read:
442741.31       Violation of an injunction for protection against
443    domestic violence.—
444(4)
445(c)     A person who has one two or more prior convictions for
446    a crime of domestic violence or violation of an injunction or
447    foreign protection order, and who subsequently commits a
448    violation of any injunction or foreign protection order against
449    the same victim, commits a felony of the third degree,
450    punishable as provided in s. 775.082, s. 775.083 or s. 775.084.
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451    For purposes of this paragraph, the term "conviction" means a
452    determination of guilt which is the result of a plea or a trial,
453    regardless of whether adjudication is withheld or a plea of nolo
454    contendere is entered.
455(7)     If a law enforcement officer has probable cause to
456    believe that a person committed a violation of subsection (4)
457    and such officer determines that a military protective order
458    entered into the National Crime Information Center database was
459    also issued against such person and the officer has probable
460    cause to believe that the person also violated the military
461    protective order, the officer, or his or her employing agency,
462    must notify the agency that entered the military protective
463    order into the database.
464Section 7.  Paragraph (e) of subsection (2) of section
465    943.05, Florida Statutes, is amended to read:
466943.05       Criminal Justice Information Program; duties; crime
467    reports.—
468(2)     The program shall:
469(e)     Establish, implement, and maintain a Domestic, Dating,
470    Sexual, and Repeat Violence Injunction Statewide Verification
471    System capable of electronically transmitting information to and
472    between criminal justice agencies relating to domestic violence
473    injunctions, dating violence injunctions, sexual violence
474    injunctions, repeat violence injunctions, and injunctions to
475    prevent child abuse issued under chapter 39, and repeat violence
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476    injunctions issued by the courts throughout the state. Such
477    information must include, but is not limited to, information as
478    to the existence and status of any such injunction for
479    verification purposes.
480Section 8.  Subsection (1) of section 960.198, Florida
481    Statutes, is amended to read:
482960.198       Relocation assistance for victims of domestic
483    violence.—
484(1)     Notwithstanding the criteria set forth in s. 960.13
485    for crime victim compensation awards, the department may award a
486    one-time payment of up to $2,500 $1,500 on any one claim and a
487    lifetime maximum of $5,000 $3,000 to a victim of domestic
488    violence who needs immediate assistance to escape from a
489    domestic violence environment.
490Section 9.  This act shall take effect July 1, 2026.
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