Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 654
       
       
       
       
       
       
                                Ì8510761Î851076                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2022           .                                
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       The Committee on Judiciary (Cruz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 57 - 287
    4  and insert:
    5  time of the day or night. If there is an Internet outage or any
    6  other significant disruption in network connectivity which would
    7  delay service by more than 24 hours, the clerk of the court may
    8  provide copies to the sheriff’s office or law enforcement agency
    9  by facsimile, hand delivery, or certified or registered mail. An
   10  electronic When requested by the sheriff, the clerk of the court
   11  may transmit a facsimile copy of an injunction must be that has
   12  been certified by the clerk of the court, and the electronic
   13  this facsimile copy must may be served in the same manner as a
   14  certified copy. Upon receiving an electronic a facsimile copy of
   15  the injunction, the sheriff must verify receipt with the sender
   16  before attempting to serve it upon the respondent. In addition,
   17  if the sheriff is in possession of an injunction for protection
   18  that has been certified by the clerk of the court, the sheriff
   19  may electronically transmit a facsimile copy of that injunction
   20  to a law enforcement officer who shall serve it in the same
   21  manner as a certified copy. The clerk of the court is shall be
   22  responsible for furnishing to the sheriff such information on
   23  the respondent’s physical description and location as is
   24  required by the department to comply with the verification
   25  procedures set forth in this section. Notwithstanding any other
   26  provision of law to the contrary, the chief judge of each
   27  circuit, in consultation with the appropriate sheriff, may
   28  authorize a law enforcement agency within the jurisdiction to
   29  effect service. A law enforcement agency serving injunctions
   30  pursuant to this section must shall use service and verification
   31  procedures consistent with those of the sheriff.
   32         2. When an injunction is issued, if the petitioner requests
   33  the assistance of a law enforcement agency, the court may order
   34  that an officer from the appropriate law enforcement agency
   35  accompany the petitioner and assist in placing the petitioner in
   36  possession of the dwelling or residence, or otherwise assist in
   37  the execution or service of the injunction. A law enforcement
   38  officer must shall accept a copy of an injunction for protection
   39  against domestic violence, certified by the clerk of the court,
   40  from the petitioner and immediately serve it upon a respondent
   41  who has been located but not yet served.
   42         3. All orders issued, changed, continued, extended, or
   43  vacated subsequent to the original service of documents
   44  enumerated under subparagraph 1. must, shall be certified by the
   45  clerk of the court and delivered to the parties at the time of
   46  the entry of the order. The parties may acknowledge receipt of
   47  such order in writing on the face of the original order. In the
   48  event a party fails or refuses to acknowledge the receipt of a
   49  certified copy of an order, the clerk shall note on the original
   50  order that service was effected. If delivery at the hearing is
   51  not possible, the clerk shall mail certified copies of the order
   52  to the parties at the last known address of each party. Service
   53  by mail is complete upon mailing. When an order is served
   54  pursuant to this subsection, the clerk shall prepare a written
   55  certification to be placed in the court file specifying the
   56  time, date, and method of service and shall notify the sheriff.
   57  
   58  If the respondent has been served previously with the temporary
   59  injunction and has failed to appear at the initial hearing on
   60  the temporary injunction, any subsequent petition for injunction
   61  seeking an extension of time may be served on the respondent by
   62  the clerk of the court by certified mail in lieu of personal
   63  service by a law enforcement officer.
   64         (b) There shall be created A Domestic and Repeat Violence
   65  Injunction Statewide Verification System is created within the
   66  Department of Law Enforcement. The department shall establish,
   67  implement, and maintain a statewide communication system capable
   68  of electronically transmitting information to and between
   69  criminal justice agencies relating to domestic violence
   70  injunctions and repeat violence injunctions issued by the courts
   71  throughout the state. Such information must include, but is not
   72  limited to, information as to the existence and status of any
   73  injunction for verification purposes.
   74         (c)1. Within 24 hours after the court issues an injunction
   75  for protection against domestic violence or changes, continues,
   76  extends, or vacates an injunction for protection against
   77  domestic violence, the clerk of the court must electronically
   78  transmit forward a certified copy of the injunction for service
   79  to the sheriff with jurisdiction over the residence of the
   80  petitioner. If there is an Internet outage or any other
   81  significant disruption in network connectivity which would delay
   82  service by more than 24 hours, the clerk of the court may
   83  provide copies to the sheriff’s office by facsimile, hand
   84  delivery, or certified or registered mail. The injunction must
   85  be served in accordance with this subsection.
   86         2. Within 24 hours after service of process of an
   87  injunction for protection against domestic violence upon a
   88  respondent, the law enforcement officer must electronically
   89  transmit forward the written proof of service of process to the
   90  sheriff with jurisdiction over the residence of the petitioner.
   91         3. Within 24 hours after the sheriff receives a certified
   92  copy of the injunction for protection against domestic violence,
   93  the sheriff must make information relating to the injunction
   94  available to other law enforcement agencies by electronically
   95  transmitting such information to the department.
   96         4. Within 24 hours after the sheriff or other law
   97  enforcement officer has made service upon the respondent and the
   98  sheriff has been so notified, the sheriff must make information
   99  relating to the service available to other law enforcement
  100  agencies by electronically transmitting such information to the
  101  department.
  102         5. Subject to available funding, the Florida Association of
  103  Court Clerks and Comptrollers shall develop an automated process
  104  by which a petitioner may request notification of service of the
  105  injunction for protection against domestic violence and other
  106  court actions related to the injunction for protection. The
  107  automated notice must shall be made within 12 hours after the
  108  sheriff or other law enforcement officer serves the injunction
  109  upon the respondent. The notification must include, at a
  110  minimum, the date, time, and location where the injunction for
  111  protection against domestic violence was served. The Florida
  112  Association of Court Clerks and Comptrollers may apply for any
  113  available grants to fund the development of the automated
  114  process.
  115         6. Within 24 hours after an injunction for protection
  116  against domestic violence is vacated, terminated, or otherwise
  117  rendered no longer effective by ruling of the court, the clerk
  118  of the court must notify the sheriff receiving original
  119  notification of the injunction as provided in subparagraph 2.
  120  That agency shall, within 24 hours after receiving such
  121  notification from the clerk of the court, notify the department
  122  of such action of the court.
  123         Section 2. Subsection (8) of section 784.046, Florida
  124  Statutes, is amended to read:
  125         784.046 Action by victim of repeat violence, sexual
  126  violence, or dating violence for protective injunction; dating
  127  violence investigations, notice to victims, and reporting;
  128  pretrial release violations; public records exemption.—
  129         (8)(a)1. Within 24 hours after the court issues an
  130  injunction for protection against repeat violence, sexual
  131  violence, or dating violence, the clerk of the court shall
  132  electronically transmit furnish a copy of the petition, notice
  133  of hearing, and temporary injunction, if any, to the sheriff or
  134  a law enforcement agency of the county where the respondent
  135  resides or can be found, who shall serve it upon the respondent
  136  as soon thereafter as possible on any day of the week and at any
  137  time of the day or night. If there is an Internet outage or any
  138  other significant disruption in network connectivity which would
  139  delay service by more than 24 hours, the clerk of the court may
  140  furnish copies to the sheriff’s office or law enforcement agency
  141  by facsimile, hand delivery, or certified or registered mail. An
  142  electronic When requested by the sheriff, the clerk of the court
  143  may transmit a facsimile copy of an injunction must be that has
  144  been certified by the clerk of the court, and the electronic
  145  this facsimile copy must may be served in the same manner as a
  146  certified copy. Upon receiving an electronic a facsimile copy of
  147  the injunction, the sheriff must verify receipt with the sender
  148  before attempting to serve it upon the respondent. In addition,
  149  if the sheriff is in possession of an injunction for protection
  150  that has been certified by the clerk of the court, the sheriff
  151  may electronically transmit a facsimile copy of that injunction
  152  to a law enforcement officer who shall serve it in the same
  153  manner as a certified copy. The clerk of the court is shall be
  154  responsible for furnishing to the sheriff such information on
  155  the respondent’s physical description and location as is
  156  required by the department to comply with the verification
  157  procedures set forth in this section. Notwithstanding any other
  158  provision of law to the contrary, the chief judge of each
  159  circuit, in consultation with the appropriate sheriff, may
  160  authorize a law enforcement agency within the chief judge’s
  161  jurisdiction to effect this type of service and to receive a
  162  portion of the service fee. A No person may not shall be
  163  authorized or permitted to serve or execute an injunction issued
  164  under this section unless the person is a law enforcement
  165  officer as defined in chapter 943.
  166         2. When an injunction is issued, if the petitioner requests
  167  the assistance of a law enforcement agency, the court may order
  168  that an officer from the appropriate law enforcement agency
  169  accompany the petitioner and assist in the execution or service
  170  of the injunction. A law enforcement officer must shall accept a
  171  copy of an injunction for protection against repeat violence,
  172  sexual violence, or dating violence, certified by the clerk of
  173  the court, from the petitioner and immediately serve it upon a
  174  respondent who has been located but not yet served.
  175         (b) There shall be created A Domestic, Dating, Sexual, and
  176  Repeat Violence Injunction Statewide Verification System is
  177  created within the Department of Law Enforcement. The department
  178  shall establish, implement, and maintain a statewide
  179  communication system capable of electronically transmitting
  180  information to and between criminal justice agencies relating to
  181  domestic violence injunctions, dating violence injunctions,
  182  sexual violence injunctions, and repeat violence injunctions
  183  issued by the courts throughout the state. Such information must
  184  include, but is not limited to, information as to the existence
  185  and status of any injunction for verification purposes.
  186         (c)1. Within 24 hours after the court issues an injunction
  187  for protection against repeat violence, sexual violence, or
  188  dating violence or changes or vacates an injunction for
  189  protection against repeat violence, sexual violence, or dating
  190  violence, the clerk of the court must electronically transmit
  191  forward a copy of the injunction to the sheriff with
  192  jurisdiction over the residence of the petitioner.
  193         2. Within 24 hours after service of process of an
  194  injunction for protection against repeat violence, sexual
  195  violence, or dating violence upon a respondent, the law
  196  enforcement officer must electronically transmit forward the
  197  written proof of service of process to the sheriff with
  198  jurisdiction over the residence of the petitioner.
  199         3. Within 24 hours after the sheriff receives a certified
  200  copy of the injunction for protection against repeat violence,
  201  sexual violence, or dating violence, the sheriff must make
  202  information relating to the injunction available to other law
  203  enforcement agencies by electronically transmitting such
  204  information to the department.
  205         4. Within 24 hours after the sheriff or other law
  206  enforcement officer has made service upon the respondent and the
  207  sheriff has been so notified, the sheriff must make information
  208  relating to the service available to other law enforcement
  209  agencies by electronically transmitting such information to the
  210  department.
  211         5. Subject to available funding, the Florida Association of
  212  Court Clerks and Comptrollers shall develop an automated process
  213  by which a petitioner may request notification of service of the
  214  injunction for protection against repeat violence, sexual
  215  violence, or dating violence and other court actions related to
  216  the injunction for protection. The automated notice must shall
  217  be made within 12 hours after the sheriff or other law
  218  enforcement officer serves the injunction upon the respondent.
  219  The notification must include, at a minimum, the date, time, and
  220  location where the injunction for protection against repeat
  221  violence, sexual violence, or dating violence was served. The
  222  Florida Association of Court Clerks and Comptrollers may apply
  223  for any available grants to fund the development of the
  224  automated process.
  225         6. Within 24 hours after an injunction for protection
  226  against repeat violence, sexual violence, or dating violence is
  227  lifted, terminated, or otherwise rendered no longer effective by
  228  ruling of the court, the clerk of the court must notify the
  229  sheriff or local law enforcement agency receiving original
  230  notification of the injunction as provided in subparagraph 2.
  231  That agency shall, within 24 hours after receiving such
  232  notification from the clerk of the court, notify the department
  233  of such action of the court.
  234         Section 3. Subsection (8) of section 784.0485, Florida
  235  Statutes, is amended to read:
  236         784.0485 Stalking; injunction; powers and duties of court
  237  and clerk; petition; notice and hearing; temporary injunction;
  238  issuance of injunction; statewide verification system;
  239  enforcement.—
  240         (8)(a)1. Within 24 hours after the court issues an
  241  injunction for protection against stalking, the clerk of the
  242  court shall electronically transmit furnish a copy of the
  243  petition, notice of hearing, and temporary injunction, if any,
  244  to the sheriff or a law enforcement agency of the county where
  245  the respondent resides or can be found, who shall serve it upon
  246  the respondent as soon thereafter as possible on any day of the
  247  week and at any time of the day or night. If there is an
  248  Internet outage or any other significant disruption in network
  249  connectivity which would delay service by more than 24 hours,
  250  the clerk of the court may furnish copies to the sheriff’s
  251  office or law enforcement agency by facsimile, hand delivery, or
  252  certified or registered mail. An electronic When
  253  
  254  ================= T I T L E  A M E N D M E N T ================
  255  And the title is amended as follows:
  256         Delete lines 9 - 20
  257  and insert:
  258         documents rather than by facsimile; authorizing clerks
  259         of the court to provide such documents by facsimile,
  260         hand delivery, or certified or registered mail under
  261         certain circumstances; providing that electronically
  262         submitted copies of injunctions must be served in the
  263         same manner as certified copies; making conforming and
  264         technical changes; amending ss. 784.046 and 784.0485,
  265         F.S.; specifying a timeframe in which the clerk of the
  266         court must transmit specified documents relating to
  267         injunctions for protection against repeat violence,
  268         sexual violence, or dating violence and against
  269         stalking, respectively, to the appropriate local
  270         sheriff or law enforcement agency; providing for the
  271         electronic transmission of certain documents rather
  272         than by facsimile; authorizing clerks of the court to
  273         provide such documents by facsimile, hand delivery, or
  274         certified or registered mail under certain
  275         circumstances; providing that