House Bill hb1673

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    Florida House of Representatives - 2001                HB 1673

        By Representative Kyle






  1                      A bill to be entitled

  2         An act relating to criminal penalties;

  3         providing a short title; creating s. 741.283,

  4         F.S.; requiring that the court order a person

  5         to serve a minimum term of imprisonment as part

  6         of any sentence imposed for an offense of

  7         domestic violence involving physical injury to

  8         another person; providing an exception if the

  9         person is incarcerated for such offense;

10         amending s. 784.03, F.S.; providing that a

11         person commits felony battery if the offense is

12         a second or subsequent conviction of any type

13         of battery offense; creating s. 938.08, F.S.;

14         requiring that the court impose an additional

15         surcharge for any offense of domestic battery;

16         providing for deposit of a portion of the

17         surcharge into the Domestic Violence Trust

18         Fund; requiring that a portion of the surcharge

19         be used to train law enforcement personnel in

20         combating domestic violence; amending s.

21         948.03, F.S.; requiring that a person convicted

22         of an offense of domestic violence complete a

23         batterers' intervention program; requiring that

24         the offender pay the cost of attending the

25         program; amending s. 741.01, F.S.; authorizing

26         the Executive Office of the Governor to use a

27         specified amount from the Domestic Violence

28         Trust Fund to fund a public-awareness campaign

29         on domestic violence; providing an effective

30         date.

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    Florida House of Representatives - 2001                HB 1673

    720-131A-01






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

  2

  3         Section 1.  This act may be cited as the "Family

  4  Protection Act."

  5         Section 2.  Section 741.283, Florida Statutes, is

  6  created to read:

  7         741.283  Minimum term of imprisonment for domestic

  8  violence.--If a person is found guilty of, has had

  9  adjudication withheld on, or has pled nolo contendere to a

10  crime of domestic violence, as defined in s. 741.28, which

11  involved any physical injury to another individual, the court

12  shall order the person to serve a minimum of 5 days in the

13  county jail as part of the sentence imposed, unless the court

14  sentences the person to a nonsuspended period of incarceration

15  in a state correctional facility. This section does not

16  preclude the court from sentencing the person to probation,

17  community control, or an additional period of incarceration.

18         Section 3.  Section 784.03, Florida Statutes, is

19  amended to read:

20         784.03  Battery; felony battery.--

21         (1)(a)  The offense of battery occurs when a person:

22         1.  Actually and intentionally touches or strikes

23  another person against the will of the other; or

24         2.  Intentionally causes bodily harm to another person.

25         (b)  Except as provided in subsection (2), a person who

26  commits battery commits a misdemeanor of the first degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         (2)  A person who has one two prior conviction

29  convictions for battery, aggravated battery, or felony battery

30  and who commits any second a third or subsequent battery

31  commits a felony of the third degree, punishable as provided

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    Florida House of Representatives - 2001                HB 1673

    720-131A-01






  1  in s. 775.082, s. 775.083, or s. 775.084. For purposes of this

  2  subsection, "conviction" means a determination of guilt that

  3  is the result of a plea or a trial, regardless of whether

  4  adjudication is withheld or a plea of nolo contendere is

  5  entered.

  6         Section 4.  Section 938.08, Florida Statutes, is

  7  created to read:

  8         938.08  Additional cost to fund programs in domestic

  9  violence.--In addition to any sanction imposed for a violation

10  of s. 784.011, s. 784.03, s. 784.041, or s. 784.045 or for any

11  offense of domestic violence described in s. 741.28, the court

12  shall impose a surcharge of $200. Payment of the surcharge

13  shall be a condition of probation, community control, or any

14  other court-ordered supervision. The clerk of the court shall

15  deposit $85 of the surcharge into the Domestic Violence Trust

16  Fund established in s. 741.01. The remainder of the surcharge

17  shall be provided to the county sheriff to be used to defray

18  the costs of incarcerating persons sentenced under s. 741.283

19  and to provide additional training to law enforcement

20  personnel in combating domestic violence.

21         Section 5.  Subsection (12) is added to section 948.03,

22  Florida Statutes, to read:

23         948.03  Terms and conditions of probation or community

24  control.--

25         (12)  As a condition of probation, community control,

26  or any other court-ordered community supervision, the court

27  shall order a person convicted of an offense of domestic

28  violence, as defined in s. 741.28, to attend and successfully

29  complete a batterers' intervention program. The batterers'

30  intervention program must be a program certified under s.

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    Florida House of Representatives - 2001                HB 1673

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  1  741.32 and the offender must pay the cost of attending the

  2  program.

  3         Section 6.  Subsection (2) of section 741.01, Florida

  4  Statutes, is amended to read:

  5         741.01  County court judge or clerk of the circuit

  6  court to issue marriage license; fee.--

  7         (2)  The fee charged for each marriage license issued

  8  in the state shall be increased by the sum of $30.  This fee

  9  shall be collected upon receipt of the application for the

10  issuance of a marriage license.  The Executive Office of the

11  Governor shall establish a Domestic Violence Trust Fund for

12  the purpose of collecting and disbursing funds generated from

13  the increase in the marriage license fee.  Such funds which

14  are generated shall be directed to the Department of Children

15  and Family Services for the specific purpose of funding

16  domestic violence centers, and the funds shall be appropriated

17  in a "grants-in-aid" category to the Department of Children

18  and Family Services for the purpose of funding domestic

19  violence centers. From the proceeds of the surcharge deposited

20  into the Domestic Violence Trust Fund as required under s.

21  938.08, the Executive Office of the Governor may spend up to

22  $500,000 each year for the purpose of administering a

23  statewide public-awareness campaign regarding domestic

24  violence.

25         Section 7.  This act shall take effect July 1, 2001.

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    Florida House of Representatives - 2001                HB 1673

    720-131A-01






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  2                       LEGISLATIVE SUMMARY

  3
      Requires the court to sentence a person to 5 days in the
  4    county jail for an offense of domestic violence which
      involved physical injury to another person, unless the
  5    person is imprisoned in a state correctional facility for
      the offense. Provides that a second or subsequent
  6    conviction of any type of battery offense is felony
      battery. Requires the court to impose a surcharge of $200
  7    against a person who commits domestic battery. Requires
      that a person who is convicted of an offense of domestic
  8    violence complete a batterers' intervention program. (See
      bill for details.)
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