Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 950
       
       
       
       
       
       
                                Barcode 653478                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/25/2012           .                                
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       The Committee on Criminal Justice (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 784.048, Florida Statutes, is amended to
    6  read:
    7         784.048 Stalking; definitions; penalties.—
    8         (1) As used in this section, the term:
    9         (a) “Harass” means to engage in a course of conduct
   10  directed at a specific person which that causes substantial
   11  emotional distress to that in such person and serves no
   12  legitimate purpose.
   13         (b) “Course of conduct” means a pattern of conduct composed
   14  of a series of acts over a period of time, however short, which
   15  evidence evidencing a continuity of purpose. The term does not
   16  include constitutionally protected activity such as is not
   17  included within the meaning of “course of conduct.” Such
   18  constitutionally protected activity includes picketing or other
   19  organized protests.
   20         (c) “Credible threat” means a verbal or nonverbal threat,
   21  including a threat delivered by electronic communication or a
   22  threat implied by a pattern of conduct, or a combination of the
   23  two, which places the person who is the target of the threat in
   24  reasonable fear for his or her safety or the safety of his or
   25  her immediate family or household member, as defined in s.
   26  741.28, and which is made with the apparent ability to carry out
   27  the threat to cause such harm. It is not necessary to prove that
   28  the person making the threat had the intent to actually carry
   29  out the threat. The present incarceration of the person making
   30  the threat is not a bar to prosecution under this section made
   31  with the intent to cause the person who is the target of the
   32  threat to reasonably fear for his or her safety. The threat must
   33  be against the life of, or a threat to cause bodily injury to, a
   34  person.
   35         (d) “Cyberstalk” means to engage in a course of conduct to
   36  communicate, or to cause to be communicated, words, images, or
   37  language by or through the use of electronic mail or electronic
   38  communication, directed at a specific person, causing
   39  substantial emotional distress to that person and serving no
   40  legitimate purpose.
   41         (e) “Immediate family” means a person’s spouse, parent,
   42  child, grandparent, or sibling.
   43         (2) A Any person who willfully, maliciously, and repeatedly
   44  follows, harasses, or cyberstalks another person commits the
   45  offense of stalking, a misdemeanor of the first degree,
   46  punishable as provided in s. 775.082 or s. 775.083.
   47         (3) A Any person who willfully, maliciously, and repeatedly
   48  follows, harasses, or cyberstalks another person, and makes a
   49  credible threat to that person with the intent to place that
   50  person in reasonable fear of death or bodily injury of the
   51  person, or the person’s child, sibling, spouse, parent, or
   52  dependent, commits the offense of aggravated stalking, a felony
   53  of the third degree, punishable as provided in s. 775.082, s.
   54  775.083, or s. 775.084.
   55         (4) A Any person who, after an injunction for protection
   56  against repeat violence, sexual violence, or dating violence
   57  pursuant to s. 784.046, or an injunction for protection against
   58  domestic violence pursuant to s. 741.30, or after any other
   59  court-imposed prohibition of conduct toward the subject person
   60  or that person’s property, knowingly, willfully, maliciously,
   61  and repeatedly follows, harasses, or cyberstalks another person
   62  commits the offense of aggravated stalking, a felony of the
   63  second third degree, punishable as provided in s. 775.082, s.
   64  775.083, or s. 775.084.
   65         (5) A Any person who willfully, maliciously, and repeatedly
   66  follows, harasses, or cyberstalks a child minor under 16 years
   67  of age commits the offense of aggravated stalking, a felony of
   68  the first third degree, punishable as provided in s. 775.082, s.
   69  775.083, or s. 775.084.
   70         (6) A Any law enforcement officer may arrest, without a
   71  warrant, any person that he or she has probable cause to believe
   72  has violated the provisions of this section.
   73         (7) A Any person who, after having been sentenced for a
   74  violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
   75  prohibited from contacting the victim of the offense under s.
   76  921.244, willfully, maliciously, and repeatedly follows,
   77  harasses, or cyberstalks the victim commits the offense of
   78  aggravated stalking, a felony of the first third degree,
   79  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   80         (8) The punishment imposed under this section shall run
   81  consecutive to any former sentence imposed for a conviction for
   82  any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
   83         (9)(a) The sentencing court shall consider, as a part of
   84  any sentence, issuing an injunction restraining the defendant
   85  from any contact with the victim, which may be valid for up to
   86  10 years, as determined by the court. It is the intent of the
   87  Legislature that the length of any such restraining order be
   88  based upon the seriousness of the facts before the court, the
   89  probability of future violations by the perpetrator, and the
   90  safety of the victim and his or her immediate family.
   91         (b)The injunction may be issued by the court even if the
   92  defendant is sentenced to a state prison or a county jail or
   93  even if the imposition of the sentence is suspended and the
   94  defendant is placed on probation.
   95         (10) If the court finds the defendant guilty of stalking or
   96  aggravated stalking under this section, the court shall order
   97  the defendant to attend a batterers’ intervention program
   98  pursuant to s. 741.281.
   99         Section 2. Section 784.0485, Florida Statutes, is created
  100  to read:
  101         784.0485 Stalking or cyberstalking; injunction; powers and
  102  duties of court and clerk; petition; notice and hearing;
  103  temporary injunction; issuance of injunction; statewide
  104  verification system; enforcement.—
  105         (1) There is created a cause of action for an injunction
  106  for protection against stalking or cyberstalking.
  107         (a) A person who is the victim of stalking or cyberstalking
  108  or who has reasonable cause to believe that he or she is in
  109  imminent danger of becoming the victim of an act of stalking or
  110  cyberstalking has standing in the circuit court to file a sworn
  111  petition for an injunction for protection against stalking or
  112  cyberstalking.
  113         (b) The cause of action for an injunction for protection
  114  may be sought regardless of whether any other cause of action is
  115  currently pending between the parties. However, the pendency of
  116  any such cause of action shall be alleged in the petition.
  117         (c) The cause of action for an injunction may be sought by
  118  any affected person.
  119         (d) The cause of action for an injunction does not require
  120  either party to be represented by an attorney.
  121         (e) The court may not issue mutual orders of protection;
  122  however, the court is not precluded from issuing separate
  123  injunctions for protection against stalking or cyberstalking if
  124  each party has complied with this section. Compliance with this
  125  section may not be waived.
  126         (f) Notwithstanding chapter 47, a petition for an
  127  injunction for protection against stalking or cyberstalking may
  128  be filed in the circuit where the petitioner currently or
  129  temporarily resides, where the respondent resides, or where the
  130  stalking or cyberstalking occurred. There is no minimum
  131  requirement of residency to petition for an injunction for
  132  protection.
  133         (2)(a) Notwithstanding any other law, the clerk of court
  134  may not assess a filing fee to file a petition for protection
  135  against stalking or cyberstalking. However, subject to
  136  legislative appropriation, the clerk of the circuit court may,
  137  on a quarterly basis, submit to the Office of the State Courts
  138  Administrator a certified request for reimbursement for
  139  petitions for protection against stalking or cyberstalking
  140  issued by the court, at the rate of $40 per petition. The
  141  request for reimbursement shall be submitted in the form and
  142  manner prescribed by the Office of the State Courts
  143  Administrator. From this reimbursement, the clerk shall pay any
  144  law enforcement agency serving the injunction the fee requested
  145  by the law enforcement agency; however, this fee may not exceed
  146  $20.
  147         (b) A bond is not required by the court for the entry of an
  148  injunction.
  149         (c)1. The clerk of the court shall assist petitioners in
  150  seeking both injunctions for protection against stalking and
  151  enforcement of a violation thereof as specified in this section.
  152         2. All offices of the clerk of the court shall provide
  153  simplified petition forms for the injunction and any
  154  modifications to and the enforcement thereof, including
  155  instructions for completion.
  156         3. The clerk of the court shall ensure the petitioner’s
  157  privacy to the extent practicable while completing the forms for
  158  an injunction for protection against stalking or cyberstalking.
  159         4. The clerk of the court shall provide a petitioner with a
  160  minimum of two certified copies of the order of injunction, one
  161  of which is serviceable and will inform the petitioner of the
  162  process for service and enforcement.
  163         5. The clerk of court and appropriate staff in each county
  164  shall receive training in the effective assistance of
  165  petitioners as provided or approved by the Florida Association
  166  of Court Clerks.
  167         6. The clerk of the court in each county shall make
  168  available informational brochures on stalking when such a
  169  brochure is provided by the local certified violence center.
  170         7. The clerk of the court in each county shall distribute a
  171  statewide uniform informational brochure to petitioners at the
  172  time of filing for an injunction for protection against stalking
  173  or cyberstalking when such brochures become available. The
  174  brochure must include information about the effect of giving the
  175  court false information.
  176         (3)(a) The sworn petition shall allege the existence of
  177  such stalking or cyberstalking and shall include the specific
  178  facts and circumstances for which relief is sought.
  179         (b) The sworn petition shall be in substantially the
  180  following form:
  181  
  182         PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING
  183  
  184         Before me, the undersigned authority, personally appeared
  185         Petitioner....(Name)...., who has been sworn and says that
  186         the following statements are true:
  187  
  188         1. Petitioner resides at:....(address)....
  189         (Petitioner may furnish the address to the court in a
  190         separate confidential filing if, for safety reasons,
  191         the petitioner requires the location of the current
  192         residence to be confidential.)
  193         2. Respondent resides at:....(last known address)....
  194         3. Respondent’s last known place of employment:....(name
  195         of business and address)....
  196         4. Physical description of respondent:....
  197         5. Race....
  198         6. Sex....
  199         7. Date of birth....
  200         8. Height....
  201         9. Weight....
  202         10. Eye color....
  203         11. Hair color....
  204         12. Distinguishing marks or scars....
  205         13. Aliases of respondent:....
  206  
  207         (c) The petitioner shall describe any other cause of action
  208  currently pending between the petitioner and respondent. The
  209  petitioner shall also describe any previous attempt by the
  210  petitioner to obtain an injunction for protection against
  211  stalking or cyberstalking in this or any other circuit, and the
  212  result of that attempt. (Case numbers should be included, if
  213  available.)
  214         (d) The petition must provide space for the petitioner to
  215  specifically allege that he or she is a victim of stalking or
  216  cyberstalking or has reasonable cause to believe he or she is in
  217  imminent danger of becoming a victim of stalking or
  218  cyberstalking because respondent has:
  219  
  220  (Mark all sections that apply and describe in the spaces below
  221  the incidents of stalking or cyberstalking or threats to stalk
  222  or cyberstalk, specifying when and where they occurred,
  223  including, but not limited to, locations such as a home, school,
  224  or place of employment.)
  225  
  226         .... Committed or threatened to commit stalking.
  227         .... Previously threatened, harassed, stalked,
  228  cyberstalked, or physically abused the petitioner.
  229         .... Threatened to harm the petitioner or family members or
  230  individuals closely associated with the petitioner.
  231         .... Intentionally injured or killed a family pet.
  232         .... Used, or has threatened to use, against the petitioner
  233  any weapons such as guns or knives.
  234         .... A criminal history involving violence or the threat of
  235  violence (if known).
  236         .... Another order of protection issued against him or her
  237  previously or from another jurisdiction, if known.
  238         .... Destroyed personal property, including, but not
  239  limited to, telephones or other communication equipment,
  240  clothing, or other items belonging to the petitioner.
  241         .... Engaged in any other behavior or conduct that leads
  242  the petitioner to have reasonable cause to believe that he or
  243  she is in imminent danger of becoming a victim of stalking or
  244  cyberstalking.
  245         (e) The petitioner seeks an injunction: (Mark appropriate
  246  section or sections.)
  247         .... Immediately restraining the respondent from committing
  248  any acts of stalking or cyberstalking.
  249         .... Restraining the respondent from committing any acts of
  250  stalking or cyberstalking.
  251         .... Directing the respondent to participate in a
  252  batterers’ intervention program or other treatment pursuant to
  253  s. 39.901.
  254         .... Providing any terms the court deems necessary for the
  255  protection of a victim of stalking or cyberstalking, including
  256  any injunctions or directives to law enforcement agencies.
  257         (f) Every petition for an injunction against stalking or
  258  cyberstalking must contain, directly above the signature line, a
  259  statement in all capital letters and bold type not smaller than
  260  the surrounding text, as follows:
  261  
  262         I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
  263         EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
  264         THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
  265         UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
  266         SECTION 837.02, FLORIDA STATUTES.
  267  
  268         ....(initials)....
  269  
  270         (4) Upon the filing of the petition, the court shall set a
  271  hearing to be held at the earliest possible time. The respondent
  272  shall be personally served with a copy of the petition, notice
  273  of hearing, and temporary injunction, if any, before the
  274  hearing.
  275         (5)(a) If it appears to the court that an immediate and
  276  present danger of stalking or cyberstalking exists, the court
  277  may grant a temporary injunction ex parte, pending a full
  278  hearing, and may grant such relief as the court deems proper,
  279  including an injunction restraining the respondent from
  280  committing any act of stalking or cyberstalking.
  281         (b) In a hearing ex parte for the purpose of obtaining such
  282  ex parte temporary injunction, evidence other than verified
  283  pleadings or affidavits may not be used as evidence, unless the
  284  respondent appears at the hearing or has received reasonable
  285  notice of the hearing. A denial of a petition for an ex parte
  286  injunction shall be by written order noting the legal grounds
  287  for denial. If the only ground for denial is no appearance of an
  288  immediate and present danger of stalking or cyberstalking, the
  289  court shall set a full hearing on the petition for injunction
  290  with notice at the earliest possible time. This paragraph does
  291  not affect a petitioner’s right to promptly amend any petition,
  292  or otherwise be heard in person on any petition consistent with
  293  the Florida Rules of Civil Procedure.
  294         (c) Any such ex parte temporary injunction is effective for
  295  a fixed period not to exceed 15 days. A full hearing, as
  296  provided in this section, shall be set for a date no later than
  297  the date when the temporary injunction ceases to be effective.
  298  The court may grant a continuance of the hearing before or
  299  during a hearing for good cause shown by any party, which shall
  300  include a continuance to obtain service of process. An
  301  injunction shall be extended if necessary to remain in full
  302  force and effect during any period of continuance.
  303         (6)(a) Upon notice and hearing, when it appears to the
  304  court that the petitioner is the victim of stalking or
  305  cyberstalking or has reasonable cause to believe that he or she
  306  is in imminent danger of becoming a victim of stalking or
  307  cyberstalking, the court may grant such relief as the court
  308  deems proper, including an injunction:
  309         1. Restraining the respondent from committing any act of
  310  stalking or cyberstalking.
  311         2. Ordering the respondent to participate in treatment,
  312  intervention, or counseling services to be paid for by the
  313  respondent.
  314         3. Referring a petitioner to a certified domestic violence
  315  center. The court must provide the petitioner with a list of
  316  certified domestic violence centers in the circuit which the
  317  petitioner may contact.
  318         4. Ordering such other relief as the court deems necessary
  319  for the protection of a victim of stalking or cyberstalking,
  320  including injunctions or directives to law enforcement agencies,
  321  as provided in this section.
  322         (b) When determining whether a petitioner has reasonable
  323  cause to believe that there is a credible threat that he or she
  324  is in imminent danger of becoming a victim of stalking or
  325  cyberstalking, the court shall consider and evaluate all
  326  relevant factors alleged in the petition, including, but not
  327  limited to:
  328         1. The history between the petitioner and the respondent,
  329  including threats, harassment, stalking or cyberstalking, and
  330  physical abuse.
  331         2. Whether the respondent has attempted to harm the
  332  petitioner or family members or individuals closely associated
  333  with the petitioner.
  334         3. Whether the respondent has intentionally injured or
  335  killed a family pet.
  336         4. Whether the respondent has used, or has threatened to
  337  use, against the petitioner any weapons such as guns or knives.
  338         5. Whether the respondent has a criminal history involving
  339  violence or the threat of violence.
  340         6. The existence of a verifiable order of protection issued
  341  previously or from another jurisdiction.
  342         7. Whether the respondent has destroyed personal property,
  343  including, but not limited to, telephones or other
  344  communications equipment, clothing, or other items belonging to
  345  the petitioner.
  346         8. Whether the respondent engaged in any other behavior or
  347  conduct that leads the petitioner to have reasonable cause to
  348  believe that he or she is in imminent danger of becoming a
  349  victim of stalking or cyberstalking.
  350  
  351  In making its determination under this paragraph, the court is
  352  not limited to those factors enumerated in subparagraphs 1.-8.
  353         (c) The terms of an injunction restraining the respondent
  354  under subparagraph (a)1. or ordering other relief for the
  355  protection of the victim under subparagraph (a)4. shall remain
  356  in effect until modified or dissolved. Either party may move at
  357  any time to modify or dissolve the injunction. Specific
  358  allegations are not required. Such relief may be granted in
  359  addition to other civil or criminal remedies.
  360         (d) A temporary or final judgment on injunction for
  361  protection against stalking or cyberstalking entered pursuant to
  362  this section shall, on its face, indicate that:
  363         1. The injunction is valid and enforceable in all counties
  364  of this state.
  365         2. Law enforcement officers may use their arrest powers
  366  pursuant to s. 901.15(6) to enforce the terms of the injunction.
  367         3. The court has jurisdiction over the parties and matter
  368  under the laws of this state and that reasonable notice and
  369  opportunity to be heard was given to the person against whom the
  370  order is sought sufficient to protect that person’s right to due
  371  process.
  372         4. The date that the respondent was served with the
  373  temporary or final order, if obtainable.
  374         (e) An injunction for protection against stalking or
  375  cyberstalking entered pursuant to this section, on its face, may
  376  order that the respondent attend a batterers’ intervention
  377  program as a condition of the injunction.
  378         (f) The fact that a separate order of protection is granted
  379  to each opposing party is not legally sufficient to deny any
  380  remedy to either party or to prove that the parties are equally
  381  at fault or equally endangered.
  382         (g) A final judgment on an injunction for protection
  383  against stalking or cyberstalking entered pursuant to this
  384  section must, on its face, indicate that it is a violation of s.
  385  790.233 and a misdemeanor of the first degree for the respondent
  386  to have in his or her care, custody, possession, or control any
  387  firearm or ammunition.
  388         (h) All proceedings under this subsection shall be
  389  recorded. Recording may be by electronic means as provided by
  390  the Rules of Judicial Administration.
  391         (7) The court shall allow an advocate from a state
  392  attorney’s office, a law enforcement agency, or a certified
  393  violence center who is registered under s. 39.905 to be present
  394  with the petitioner or respondent during any court proceedings
  395  or hearings related to the injunction for protection if the
  396  petitioner or respondent has made such a request and the
  397  advocate is able to be present.
  398         (8)(a)1. The clerk of the court shall furnish a copy of the
  399  petition, notice of hearing, and temporary injunction, if any,
  400  to the sheriff or a law enforcement agency of the county where
  401  the respondent resides or can be found, who shall serve it upon
  402  the respondent as soon thereafter as possible on any day of the
  403  week and at any time of the day or night. When requested by the
  404  sheriff, the clerk of the court may transmit a facsimile copy of
  405  an injunction that has been certified by the clerk of the court,
  406  and this facsimile copy may be served in the same manner as a
  407  certified copy. Upon receiving a facsimile copy, the sheriff
  408  must verify receipt with the sender before attempting to serve
  409  it on the respondent. In addition, if the sheriff is in
  410  possession of an injunction for protection which has been
  411  certified by the clerk of the court, the sheriff may transmit a
  412  facsimile copy of that injunction to a law enforcement officer
  413  who shall serve it in the same manner as a certified copy. The
  414  clerk of the court shall furnish to the sheriff such information
  415  concerning the respondent’s physical description and location as
  416  is required by the department to comply with the verification
  417  procedures set forth in this section. Notwithstanding any other
  418  law, the chief judge of each circuit, in consultation with the
  419  appropriate sheriff, may authorize a law enforcement agency
  420  within the jurisdiction to effect service. A law enforcement
  421  agency serving injunctions pursuant to this section shall use
  422  service and verification procedures consistent with those of the
  423  sheriff.
  424         2. If an injunction is issued and the petitioner requests
  425  the assistance of a law enforcement agency, the court may order
  426  that an officer from the appropriate law enforcement agency
  427  accompany the petitioner to assist in the execution or service
  428  of the injunction. A law enforcement officer shall accept a copy
  429  of an injunction for protection against stalking, certified by
  430  the clerk of the court, from the petitioner and immediately
  431  serve it upon a respondent who has been located but not yet
  432  served.
  433         3. An order issued, changed, continued, extended, or
  434  vacated subsequent to the original service of documents
  435  enumerated under subparagraph 1. shall be certified by the clerk
  436  of the court and delivered to the parties at the time of the
  437  entry of the order. The parties may acknowledge receipt of such
  438  order in writing on the face of the original order. If a party
  439  fails or refuses to acknowledge the receipt of a certified copy
  440  of an order, the clerk shall note on the original order that
  441  service was effected. If delivery at the hearing is not
  442  possible, the clerk shall mail certified copies of the order to
  443  the parties at the last known address of each party. Service by
  444  mail is complete upon mailing. When an order is served pursuant
  445  to this subsection, the clerk shall prepare a written
  446  certification to be placed in the court file specifying the
  447  time, date, and method of service and shall notify the sheriff.
  448         4. If the respondent has been served previously with a
  449  temporary injunction and has failed to appear at the initial
  450  hearing on the temporary injunction, any subsequent petition for
  451  injunction seeking an extension of time may be served on the
  452  respondent by the clerk of the court by certified mail in lieu
  453  of personal service by a law enforcement officer.
  454         (b)1. Within 24 hours after the court issues an injunction
  455  for protection against stalking or cyberstalking or changes,
  456  continues, extends, or vacates an injunction for protection
  457  against stalking or cyberstalking, the clerk of the court must
  458  forward a certified copy of the injunction for service to the
  459  sheriff having jurisdiction over the residence of the
  460  petitioner. The injunction must be served in accordance with
  461  this subsection.
  462         2. Within 24 hours after service of process of an
  463  injunction for protection against stalking or cyberstalking upon
  464  a respondent, the law enforcement officer must forward the
  465  written proof of service of process to the sheriff having
  466  jurisdiction over the residence of the petitioner.
  467         3. Within 24 hours after the sheriff receives a certified
  468  copy of the injunction for protection against stalking or
  469  cyberstalking, the sheriff must make information relating to the
  470  injunction available to other law enforcement agencies by
  471  electronically transmitting such information to the Department
  472  of Law Enforcement.
  473         4. Within 24 hours after the sheriff or other law
  474  enforcement officer has made service upon the respondent and the
  475  sheriff has been so notified, the sheriff must make information
  476  relating to the service available to other law enforcement
  477  agencies by electronically transmitting such information to the
  478  Department of Law Enforcement.
  479         5. Within 24 hours after an injunction for protection
  480  against stalking or cyberstalking is vacated, terminated, or
  481  otherwise rendered no longer effective by ruling of the court,
  482  the clerk of the court must notify the sheriff receiving
  483  original notification of the injunction as provided in
  484  subparagraph 2. That agency shall, within 24 hours after
  485  receiving such notification from the clerk of the court, notify
  486  the Department of Law Enforcement of such action of the court.
  487         (9)(a) The court may enforce a violation of an injunction
  488  for protection against stalking or cyberstalking through a civil
  489  or criminal contempt proceeding, or the state attorney may
  490  prosecute it as a criminal violation under s. 784.0487. The
  491  court may enforce the respondent’s compliance with the
  492  injunction through any appropriate civil and criminal remedies,
  493  including, but not limited to, a monetary assessment or a fine.
  494  The clerk of the court shall collect and receive such
  495  assessments or fines. On a monthly basis, the clerk shall
  496  transfer the moneys collected pursuant to this paragraph to the
  497  State Treasury for deposit into the Domestic Violence Trust
  498  Fund.
  499         (b) If the respondent is arrested by a law enforcement
  500  officer under s. 901.15(6) or for a violation of s. 741.31, the
  501  respondent shall be held in custody until brought before the
  502  court as expeditiously as possible for the purpose of enforcing
  503  the injunction and for admittance to bail in accordance with
  504  chapter 903 and the applicable rules of criminal procedure,
  505  pending a hearing.
  506         (10) The petitioner or the respondent may move the court to
  507  modify or dissolve an injunction at any time.
  508         Section 3. Section 784.0487, Florida Statutes, is created
  509  to read:
  510         784.0487 Violation of an injunction for protection against
  511  stalking or cyberstalking.—
  512         (1) If the injunction for protection against stalking or
  513  cyberstalking has been violated and the respondent has not been
  514  arrested, the petitioner may contact the clerk of the circuit
  515  court of the county in which the violation is alleged to have
  516  occurred. The clerk shall assist the petitioner in preparing an
  517  affidavit in support of reporting the violation or directing the
  518  petitioner to the office operated by the court that has been
  519  designated by the chief judge of that circuit as the central
  520  intake point for violations of injunctions for protection where
  521  the petitioner can receive assistance in the preparation of the
  522  affidavit in support of the violation.
  523         (2) The affidavit shall be immediately forwarded by the
  524  office assisting the petitioner to the state attorney of that
  525  circuit and to such judge as the chief judge determines to be
  526  the recipient of affidavits of violations of an injunction. If
  527  the affidavit alleges that a crime has been committed, the
  528  office assisting the petitioner shall also forward a copy of the
  529  petitioner’s affidavit to the appropriate law enforcement agency
  530  for investigation. No later than 20 days after receiving the
  531  initial report, the local law enforcement agency shall complete
  532  its investigation and forward a report to the state attorney.
  533  The policy adopted by the state attorney in each circuit under
  534  s. 741.2901(2) shall include a policy regarding intake of
  535  alleged violations of injunctions for protection against
  536  stalking or cyberstalking under this section. The intake shall
  537  be supervised by a state attorney who has been designated and
  538  assigned to handle stalking or cyberstalking cases. The state
  539  attorney shall determine within 30 working days whether his or
  540  her office will file criminal charges or prepare a motion for an
  541  order to show cause as to why the respondent should not be held
  542  in criminal contempt, or prepare both as alternative findings,
  543  or file notice that the case remains under investigation or is
  544  pending subject to some other action.
  545         (3) If the court has knowledge that the petitioner or
  546  another person is in immediate danger if the court does not act
  547  before the decision of the state attorney to proceed, the court
  548  shall immediately issue an order of appointment of the state
  549  attorney to file a motion for an order to show cause as to why
  550  the respondent should not be held in contempt. If the court does
  551  not issue an order of appointment of the state attorney, it
  552  shall immediately notify the state attorney that the court is
  553  proceeding to enforce the violation through criminal contempt.
  554         (4)(a) A person who willfully violates an injunction for
  555  protection against stalking or cyberstalking issued pursuant to
  556  s. 784.0485, or a foreign protection order accorded full faith
  557  and credit pursuant to s. 741.315, by:
  558         1. Going to, or being within 500 feet of, the petitioner’s
  559  residence, school, place of employment, or a specified place
  560  frequented regularly by the petitioner and any named family or
  561  household member;
  562         2. Committing an act of stalking or cyberstalking against
  563  the petitioner;
  564         3. Committing any other violation of the injunction through
  565  an intentional unlawful threat, word, or act to do violence to
  566  the petitioner;
  567         4. Telephoning, contacting, or otherwise communicating with
  568  the petitioner, directly or indirectly, unless the injunction
  569  specifically allows indirect contact through a third party;
  570         5. Knowingly and intentionally coming within 100 feet of
  571  the petitioner’s motor vehicle, whether or not that vehicle is
  572  occupied;
  573         6. Defacing or destroying the petitioner’s personal
  574  property, including the petitioner’s motor vehicle; or
  575         7. Refusing to surrender firearms or ammunition if ordered
  576  to do so by the court,
  577  
  578  commits a misdemeanor of the first degree, punishable as
  579  provided in s. 775.082 or s. 775.083.
  580         (b)1. A respondent violates s. 790.233, and commits a
  581  misdemeanor of the first degree, punishable as provided in s.
  582  775.082 or s. 775.083, if he or she violates a temporary or
  583  final injunction for protection against stalking or
  584  cyberstalking by having in his or her care, custody, possession,
  585  or control a firearm or ammunition.
  586         2. It is the intent of the Legislature that the prohibition
  587  regarding possession of a firearm or ammunition is consistent
  588  with federal law. Accordingly, this paragraph does not apply to
  589  a state or local officer, as defined in s. 943.10(14), who holds
  590  an active certification and who receives or possesses a firearm
  591  or ammunition for use in performing official duties on behalf of
  592  the officer’s employing agency, unless otherwise prohibited by
  593  the employing agency.
  594         (5) A person who suffers an injury or loss as a result of a
  595  violation of an injunction for protection against stalking or
  596  cyberstalking may be awarded economic damages for that injury or
  597  loss by the court issuing the injunction. Damages includes costs
  598  and attorney fees for enforcement of the injunction.
  599         Section 4. Paragraphs (f) and (g) of subsection (3) of
  600  section 921.0022, Florida Statutes, are amended to read:
  601         921.0022 Criminal Punishment Code; offense severity ranking
  602  chart.—
  603         (3) OFFENSE SEVERITY RANKING CHART
  604         (f) LEVEL 6
  605  FloridaStatute   FelonyDegree                Description                 
  606  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
  607  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
  608  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  609  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  610  775.0875(1)        3rd   Taking firearm from law enforcement officer.
  611  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
  612  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
  613  784.041            3rd   Felony battery; domestic battery by strangulation.
  614  784.048(3)         3rd   Aggravated stalking; credible threat.       
  615  784.048(5)       1st 3rd Aggravated stalking of person under 16.     
  616  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
  617  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
  618  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
  619  784.081(2)         2nd   Aggravated assault on specified official or employee.
  620  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
  621  784.083(2)         2nd   Aggravated assault on code inspector.       
  622  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  623  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
  624  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  625  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  626  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  627  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  628  794.05(1)          2nd   Unlawful sexual activity with specified minor.
  629  800.04(5)(d)       3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
  630  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  631  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
  632  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
  633  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  634  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
  635  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  636  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  637  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  638  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
  639  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  640  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
  641  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
  642  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  643  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  644  827.03(1)          3rd   Abuse of a child.                           
  645  827.03(3)(c)       3rd   Neglect of a child.                         
  646  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  647  836.05             2nd   Threats; extortion.                         
  648  836.10             2nd   Written threats to kill or do bodily injury.
  649  843.12             3rd   Aids or assists person to escape.           
  650  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  651  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  652  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  653  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  654  944.35(3)(a)2.     3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  655  944.40             2nd   Escapes.                                    
  656  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  657  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  658  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  659         (g) LEVEL 7
  660  FloridaStatute   FelonyDegree                Description                
  661  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  662  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  663  316.1935(3)(b)      1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  664  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  665  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  666  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  667  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  668  456.065(2)          3rd   Practicing a health care profession without a license.
  669  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  670  458.327(1)          3rd   Practicing medicine without a license.     
  671  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  672  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  673  461.012(1)          3rd   Practicing podiatric medicine without a license.
  674  462.17              3rd   Practicing naturopathy without a license.  
  675  463.015(1)          3rd   Practicing optometry without a license.    
  676  464.016(1)          3rd   Practicing nursing without a license.      
  677  465.015(2)          3rd   Practicing pharmacy without a license.     
  678  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  679  467.201             3rd   Practicing midwifery without a license.    
  680  468.366             3rd   Delivering respiratory care services without a license.
  681  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  682  483.901(9)          3rd   Practicing medical physics without a license.
  683  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  684  484.053             3rd   Dispensing hearing aids without a license. 
  685  494.0018(2)         1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  686  560.123(8)(b)1.     3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  687  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  688  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  689  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  690  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  691  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  692  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  693  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  694  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  695  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  696  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  697  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  698  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  699  784.048(4)        2nd3rd  Aggravated stalking; violation of injunction or court order.
  700  784.048(7)        2nd3rd  Aggravated stalking; violation of court order.
  701  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  702  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  703  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  704  784.081(1)          1st   Aggravated battery on specified official or employee.
  705  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  706  784.083(1)          1st   Aggravated battery on code inspector.      
  707  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  708  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  709  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  710  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  711  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  712  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  713  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  714  794.08(4)           3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  715  796.03              2nd   Procuring any person under 16 years for prostitution.
  716  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  717  800.04(5)(c)2.      2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  718  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  719  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  720  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  721  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  722  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  723  812.014(2)(a)1.     1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  724  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  725  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  726  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  727  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  728  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  729  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  730  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  731  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  732  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  733  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  734  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  735  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  736  825.103(2)(b)       2nd   Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  737  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  738  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  739  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  740  838.015             2nd   Bribery.                                   
  741  838.016             2nd   Unlawful compensation or reward for official behavior.
  742  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  743  838.22              2nd   Bid tampering.                             
  744  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  745  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  746  872.06              2nd   Abuse of a dead human body.                
  747  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  748  893.13(1)(c)1.      1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  749  893.13(1)(e)1.      1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  750  893.13(4)(a)        1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  751  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  752  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  753  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  754  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  755  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  756  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  757  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  758  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  759  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  760  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  761  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  762  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  763  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  764  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  765  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  766  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  767  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  768  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  769  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  770  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  771  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  772  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  773  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  774  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  775  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  776         Section 5. This act shall take effect October 1, 2012.
  777  
  778  ================= T I T L E A M E N D M E N T ================
  779  And the title is amended as follows:
  780  
  781         Delete everything before the enacting clause
  782  and insert:
  783                        A bill to be entitled                      
  784         An act relating to stalking and aggravated stalking;
  785         amending s. 784.048, F.S.; redefining the terms
  786         “course of conduct” and “credible threat” and defining
  787         the term “immediate family”; providing that a person
  788         who makes a threat with the intent to place another
  789         person in reasonable fear for his or her safety or the
  790         safety of his or her immediate family commits the
  791         offense of aggravated stalking under certain
  792         circumstances; increasing the criminal penalties for
  793         certain offenses of aggravated stalking; requiring
  794         that the sentencing court consider issuing an
  795         injunction that restrains a defendant from any contact
  796         with the victim for up to 10 years; providing
  797         legislative intent regarding the length of any such
  798         restraining order; requiring that the court order the
  799         defendant to attend a batterers’ intervention program
  800         if the court finds the defendant guilty of stalking or
  801         aggravated stalking; creating s. 784.0485, F.S.;
  802         creating a civil cause of action for an injunction for
  803         protection against stalking or cyberstalking;
  804         providing that the victim of stalking or
  805         cyberstalking, or one who has reasonable cause to
  806         believe that he or she is in imminent danger of
  807         becoming a victim of stalking or cyberstalking, has
  808         standing in the circuit court to file a sworn petition
  809         for an injunction for protection against stalking or
  810         cyberstalking; prohibiting a court from issuing mutual
  811         orders of protection, but authorizing the court to
  812         issue a separate injunction for protection against
  813         stalking or cyberstalking if each party has complied
  814         with the provisions of law; providing for venue of the
  815         cause of action; prohibiting the clerk of court from
  816         assessing a filing fee; providing an exception;
  817         providing that a petitioner is not required to post a
  818         bond; requiring the clerks of court to assist
  819         petitioners in filing petitions with the court;
  820         requiring the clerk of the court in each county to
  821         make available informational brochures; providing a
  822         sample petition for an injunction for protection
  823         against stalking or cyberstalking; authorizing the
  824         court to grant a temporary injunction ex parte,
  825         pending a full hearing, under certain circumstances;
  826         authorizing the court to grant such relief as the
  827         court deems necessary and proper; providing procedures
  828         for an ex parte injunction hearing; setting forth the
  829         relief the court may grant if it finds that the
  830         petitioner is in imminent danger of becoming a victim
  831         of stalking or cyberstalking; setting forth the
  832         criteria the court must consider at the hearing;
  833         requiring the court to allow an advocate from a state
  834         attorney’s office, law enforcement agency, or
  835         certified violence center to be present with the
  836         petitioner or respondent during any court proceeding;
  837         requiring the clerk of the court to furnish a copy of
  838         the petition, notice of hearing, and temporary
  839         injunction, if any, to the sheriff or a law
  840         enforcement agency of the county where the respondent
  841         resides or can be found, who shall serve it upon the
  842         respondent as soon thereafter as possible on any day
  843         of the week and at any time of the day or night;
  844         authorizing the court to order a law enforcement
  845         officer to accompany the petitioner; authorizing the
  846         court to enforce a violation of an injunction for
  847         protection against stalking or cyberstalking through a
  848         civil or criminal contempt proceeding; authorizing a
  849         state attorney to use criminal procedures for a
  850         violation of an injunction for protection; creating s.
  851         784.0487, F.S.; providing procedures to follow when
  852         the respondent has violated the injunction for
  853         protection; providing legislative intent; providing
  854         criminal penalties; providing that a court may award a
  855         person who suffers an injury or loss as a result of a
  856         violation of an injunction for protection against
  857         stalking or cyberstalking economic damages for that
  858         injury or loss, including costs and attorney fees for
  859         enforcement of the injunction; amending s. 921.0022,
  860         F.S., relating to the offense severity ranking chart
  861         of the Criminal Punishment Code; revising provisions
  862         to conform to changes made by the act; providing an
  863         effective date.