CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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  7

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  9

10  ______________________________________________________________

11  Representative(s) Littlefield offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (2) of section 25.385, Florida

18  Statutes, is amended to read:

19         25.385  Standards for instruction of circuit and county

20  court judges in handling domestic violence cases.--

21         (2)  As used in this section:

22         (a)  The term "domestic violence" has the meaning set

23  forth in s. 741.28 means any assault, battery, sexual assault,

24  sexual battery, or any criminal offense resulting in physical

25  injury or death of one family or household member by another,

26  who is or was residing in the same single dwelling unit.

27         (b)  "Family or household member" has the meaning set

28  forth in s. 741.28 means spouse, former spouse, persons

29  related by blood or marriage, persons who are presently

30  residing together, as if a family, or who have resided

31  together in the past, as if a family, and persons who have a

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  child in common regardless of whether they have been married

  2  or have resided together at any time.

  3         Section 2.  Subsection (5) of section 28.241, Florida

  4  Statutes, is amended to read:

  5         28.241  Filing charges for trial and appellate

  6  proceedings.--

  7         (5)  The fees prescribed in this section do not include

  8  the service charges required by law for the clerk as provided

  9  in s. 28.24 or by other sections of the Florida Statutes.

10  Service charges authorized by this section may not be added to

11  any civil penalty imposed by chapter 316 or chapter 318. Fees

12  for injunctions concerning domestic violence shall be limited

13  as provided in s. 741.30(2)(a).

14         Section 3.  Subsections (1) and (3) of section 39.902,

15  Florida Statutes, are amended to read:

16         39.902  Definitions.--As used in this part, the term:

17         (1)  "Domestic violence" has the meaning set forth in

18  s. 741.28 means any assault, battery, sexual assault, sexual

19  battery, or any criminal offense resulting in physical injury

20  or death of one family or household member by another who is

21  or was residing in the same single dwelling unit.

22         (3)  "Family or household member" has the meaning set

23  forth in s. 741.28 means spouses, former spouses, adults

24  related by blood or marriage, persons who are presently

25  residing together as if a family or who have resided together

26  in the past as if a family, and persons who have a child in

27  common regardless of whether they have been married or have

28  resided together at any time.

29         Section 4.  Subsections (3), (4), (5), and (6) of

30  section 39.903, Florida Statutes, are renumbered as

31  subsections (4), (5), (6), and (7), respectively, and a new

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  subsection (3) is added to said section, to read:

  2         39.903  Duties and functions of the department with

  3  respect to domestic violence.--

  4         (3)  The department shall operate the domestic violence

  5  program, which provides supervision, direction, coordination,

  6  and administration of statewide activities related to the

  7  prevention of domestic violence.

  8         Section 5.  Paragraphs (b) and (e) of subsection (2) of

  9  section 390.01115, Florida Statutes, are amended to read:

10         390.01115  Parental Notice of Abortion Act.--

11         (2)  DEFINITIONS.--As used in this section, the term:

12         (b)  "Child abuse" has the meaning ascribed in s.

13  39.0015(3) and refers to the acts of child abuse against a

14  minor by a family member as defined in s. 741.28(2).

15         (e)  "Sexual abuse" has the meaning ascribed in s.

16  39.01 and refers to the acts of sexual abuse against a minor

17  by a family member as defined in s. 741.28(2).

18         Section 6.  Subsection (18) of section 470.002, Florida

19  Statutes, is amended to read:

20         470.002  Definitions.--As used in this chapter:

21         (18)  "Legally authorized person" means, in the

22  priority listed, the decedent, when written inter vivos

23  authorizations and directions are provided by the decedent,

24  the surviving spouse, unless the spouse has been arrested for

25  committing against the deceased an act of domestic violence as

26  defined in s. 741.28(1), a son or daughter who is 18 years of

27  age or older, a parent, a brother or sister 18 years of age or

28  over, a grandchild who is 18 years of age or older, or a

29  grandparent; or any person in the next degree of kinship. In

30  addition, the term may include, if no family exists or is

31  available, the following: the guardian of the dead person at

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  the time of death; the personal representative of the

  2  deceased; the attorney in fact of the dead person at the time

  3  of death; the health surrogate of the dead person at the time

  4  of death; a public health officer; the medical examiner,

  5  county commission or administrator acting under chapter 245,

  6  or other public administrator; a representative of a nursing

  7  home or other health care institution in charge of final

  8  disposition; or a friend or other person not listed in this

  9  subsection who is willing to assume the responsibility as

10  authorized person.

11         Section 7.  Paragraph (g) of subsection (1) of section

12  626.9541, Florida Statutes, is amended to read:

13         626.9541  Unfair methods of competition and unfair or

14  deceptive acts or practices defined.--

15         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

16  DECEPTIVE ACTS.--The following are defined as unfair methods

17  of competition and unfair or deceptive acts or practices:

18         (g)  Unfair discrimination.--

19         1.  Knowingly making or permitting any unfair

20  discrimination between individuals of the same actuarially

21  supportable class and equal expectation of life, in the rates

22  charged for any life insurance or annuity contract, in the

23  dividends or other benefits payable thereon, or in any other

24  of the terms and conditions of such contract.

25         2.  Knowingly making or permitting any unfair

26  discrimination between individuals of the same actuarially

27  supportable class and essentially the same hazard, in the

28  amount of premium, policy fees, or rates charged for any

29  policy or contract of accident, disability, or health

30  insurance, in the benefits payable thereunder, in any of the

31  terms or conditions of such contract, or in any other manner

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  whatever.

  2         3.  For a health insurer, life insurer, disability

  3  insurer, property and casualty insurer, automobile insurer, or

  4  managed care provider to underwrite a policy, or refuse to

  5  issue, reissue, or renew a policy, refuse to pay a claim,

  6  cancel or otherwise terminate a policy, or increase rates

  7  based upon the fact that an insured or applicant who is also

  8  the proposed insured has made a claim or sought or should have

  9  sought medical or psychological treatment in the past for

10  abuse, protection from abuse, or shelter from abuse, or that a

11  claim was caused in the past by, or might occur as a result

12  of, any future assault, battery, or sexual assault by a family

13  or household member upon another family or household member as

14  defined in s. 741.28(2). A health insurer, life insurer,

15  disability insurer, or managed care provider may refuse to

16  underwrite, issue, or renew a policy based on the applicant's

17  medical condition, but shall not consider whether such

18  condition was caused by an act of abuse.  For purposes of this

19  section, the term "abuse" means the occurrence of one or more

20  of the following acts:

21         a.  Attempting or committing assault, battery, sexual

22  assault, or sexual battery;

23         b.  Placing another in fear of imminent serious bodily

24  injury by physical menace;

25         c.  False imprisonment;

26         d.  Physically or sexually abusing a minor child; or

27         e.  An act of domestic violence as defined in s.

28  741.28.

29

30  This subparagraph does not prohibit a property and casualty

31  insurer or an automobile insurer from excluding coverage for

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  intentional acts by the insured if such exclusion does not

  2  constitute an act of unfair discrimination as defined in this

  3  paragraph.

  4         Section 8.  Paragraph (b) of subsection (12) of section

  5  641.3903, Florida Statutes, is amended to read:

  6         641.3903  Unfair methods of competition and unfair or

  7  deceptive acts or practices defined.--The following are

  8  defined as unfair methods of competition and unfair or

  9  deceptive acts or practices:

10         (12)  PROHIBITED DISCRIMINATORY PRACTICES.--A health

11  maintenance organization may not:

12         (b)  Refuse to provide services or care to a subscriber

13  solely because medical services may be or have been sought for

14  injuries resulting from an assault, battery, sexual assault,

15  sexual battery, or any other offense by a family or household

16  member, as defined in s. 741.28(2), or by another who is or

17  was residing in the same dwelling unit.

18         Section 9.  Section 741.28, Florida Statutes, is

19  amended to read:

20         741.28  Domestic violence; definitions.--As used in ss.

21  741.28-741.31:

22         (1)(3)  "Department" means the Florida Department of

23  Law Enforcement.

24         (2)(1)  "Domestic violence" means any assault,

25  aggravated assault, battery, aggravated battery, sexual

26  assault, sexual battery, stalking, aggravated stalking,

27  kidnapping, false imprisonment, or any criminal offense

28  resulting in physical injury or death of one family or

29  household member by another family or household member who is

30  or was residing in the same single dwelling unit.

31         (3)(2)  "Family or household member" means spouses,

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  former spouses, persons related by blood or marriage, persons

  2  who are presently residing together as if a family or who have

  3  resided together in the past as if a family, and persons who

  4  are parents of have a child in common regardless of whether

  5  they have been married or have resided together at any time.

  6  With the exception of persons who have a child in common, the

  7  family or household members must be currently residing or have

  8  in the past resided together in the same single dwelling unit.

  9         (4)  "Law enforcement officer" means any person who is

10  elected, appointed, or employed by any municipality or the

11  state or any political subdivision thereof who meets the

12  minimum qualifications established in s. 943.13 and is

13  certified as a law enforcement officer under s. 943.1395.

14         Section 10.  Section 741.281, Florida Statutes, is

15  amended to read:

16         741.281  Court to order batterers' intervention program

17  attendance.--If a person is found guilty of, has had

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

19  crime of domestic violence, as defined in s. 741.28, that

20  person shall be ordered by the court to a minimum term of 1

21  year's probation and the court shall order that the defendant

22  attend a batterers' intervention program as a condition of

23  probation.  If a person is admitted to a pretrial diversion

24  program and has been charged with an act of domestic violence,

25  as defined in s. 741.28, the court shall order as a condition

26  of the program that the defendant attend a batterers'

27  intervention program. The court must impose the condition of

28  the batterers' intervention program for a defendant admitted

29  to pretrial diversion under this section, but the court, in

30  its discretion, may determine not to impose the condition if

31  it states on the record why a batterers' intervention program

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  might be inappropriate.  The court must impose the condition

  2  of the batterers' intervention program for a defendant placed

  3  on probation unless the court determines that the person does

  4  not qualify for the batterers' intervention program pursuant

  5  to s. 741.325. Effective July 1, 2002, the batterers'

  6  intervention program must be a certified program under s.

  7  741.32. The imposition of probation under this section shall

  8  not preclude the court from imposing any sentence of

  9  imprisonment authorized by s. 775.082.

10         Section 11.  Paragraph (f) of subsection (2) of section

11  741.2902, Florida Statutes, is amended to read:

12         741.2902  Domestic violence; legislative intent with

13  respect to judiciary's role.--

14         (2)  It is the intent of the Legislature, with respect

15  to injunctions for protection against domestic violence,

16  issued pursuant to s. 741.30, that the court shall:

17         (f)  Consider requiring the respondent to pay, to the

18  clerk of the court and sheriff, filing fees and costs waived

19  pursuant to s. 741.30(2)(a), or to reimburse the petitioner

20  for filing fees and costs paid by the petitioner.

21         Section 12.  Effective October 1, 2002, paragraph (a)

22  of subsection (2) of section 741.30, Florida Statutes, is

23  amended to read:

24         741.30  Domestic violence; injunction; powers and

25  duties of court and clerk; petition; notice and hearing;

26  temporary injunction; issuance of injunction; statewide

27  verification system; enforcement.--

28         (2)(a)  Notwithstanding any other provision of law, the

29  assessment of a filing fee for a petition for protection

30  against domestic violence is prohibited effective October 1,

31  2002. However, subject to legislative appropriation, the clerk

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  of the circuit court may, on a quarterly basis, submit to the

  2  Office of the State Courts Administrator a certified request

  3  for reimbursement for petitions for protection against

  4  domestic violence issued by the court, at the rate of $40 per

  5  petition.  The request for reimbursement shall be submitted in

  6  the form and manner prescribed by the Office of the State

  7  Courts Administrator.  From this reimbursement, the clerk

  8  shall pay any law enforcement agency serving the injunction

  9  the fee requested by the law enforcement agency; however, this

10  fee shall not exceed $20. Notwithstanding any other provision

11  of law, the total charge, including any administration fees,

12  law enforcement agency charges, and court costs or service

13  charges, for any court to issue an injunction concerning

14  domestic violence under chapter 741 or chapter 784 shall not

15  exceed $50.  The total charge by any law enforcement agency to

16  serve an injunction or restraining order concerning violence

17  shall not exceed $20.  The remaining $30 fee collected for an

18  injunction under chapter 741 shall only be applied to the

19  initial $40 service charge collected by the clerk of the court

20  as provided in s. 28.241(1). In the event the victim does not

21  have sufficient funds with which to pay filing fees to the

22  clerk of the court or service fees to the sheriff or law

23  enforcement agency and signs an affidavit stating so, the fees

24  shall be waived by the clerk of the court or the sheriff or

25  law enforcement agency to the extent necessary to process the

26  petition and serve the injunction, subject to a subsequent

27  order of the court relative to the payment of such fees.

28         Section 13.  Subsections (1), (3), and (6) of section

29  741.30, Florida Statutes, are amended, subsections (7), (8),

30  and (9) are renumbered as subsections (8), (9), and (10),

31  respectively, and a new subsection (7) is added to said

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  section, to read:

  2         741.30  Domestic violence; injunction; powers and

  3  duties of court and clerk; petition; notice and hearing;

  4  temporary injunction; issuance of injunction; statewide

  5  verification system; enforcement.--

  6         (1)  There is created a cause of action for an

  7  injunction for protection against domestic violence.

  8         (a)  Any person described in paragraph (e), who is

  9  either the victim of any act of domestic violence as defined

10  in s. 741.28, or has reasonable cause to believe he or she is

11  in imminent danger of becoming the victim of any act of

12  domestic violence, has standing in the circuit court to file a

13  sworn petition for an injunction for protection against

14  domestic violence.

15         (b)  This cause of action for an injunction may be

16  sought whether or not any other cause of action is currently

17  pending between the parties. However, the pendency of any such

18  cause of action shall be alleged in the petition.

19         (c)  In the event a subsequent cause of action is filed

20  under chapter 61, any orders entered therein shall take

21  precedence over any inconsistent provisions of an injunction

22  issued under this section which addresses matters governed by

23  chapter 61.

24         (d)  A person's right to petition for an injunction

25  shall not be affected by such person having left a residence

26  or household to avoid domestic violence.

27         (e)  This cause of action for an injunction may be

28  sought by family or household members. No person shall be

29  precluded from seeking injunctive relief pursuant to this

30  chapter solely on the basis that such person is not a spouse.

31         (f)  This cause of action for an injunction shall not

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  require that either party be represented by an attorney.

  2         (g)  Any person, including an officer of the court, who

  3  offers evidence or recommendations relating to the cause of

  4  action must either present the evidence or recommendations in

  5  writing to the court with copies to each party and their

  6  attorney, or must present the evidence under oath at a hearing

  7  at which all parties are present.

  8         (h)  Nothing in this section shall affect the title to

  9  any real estate.

10         (i)  The court is prohibited from issuing mutual orders

11  of protection. This does not preclude the court from issuing

12  separate injunctions for protection against domestic violence

13  where each party has complied with the provisions of this

14  section. Compliance with the provisions of this section cannot

15  be waived.

16         (j)  Notwithstanding any provision of chapter 47, a

17  petition for an injunction for protection against domestic

18  violence may be filed in the circuit where the petitioner

19  currently or temporarily resides, where the respondent

20  resides, or where the domestic violence occurred. There is no

21  minimum requirement of residency to petition for an injunction

22  for protection.

23         (3)(a)  The sworn petition shall allege the existence

24  of such domestic violence and shall include the specific facts

25  and circumstances upon the basis of which relief is sought.

26         (b)  The sworn petition shall be in substantially the

27  following form:

28

29                           PETITION FOR

30                    INJUNCTION FOR PROTECTION

31                    AGAINST DOMESTIC VIOLENCE

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1

  2  Before me, the undersigned authority, personally appeared

  3  Petitioner ...(Name)..., who has been sworn and says that the

  4  following statements are true:

  5         (a)  Petitioner resides at: ...(address)...

  6         (Petitioner may furnish address to the court in a

  7  separate confidential filing if, for safety reasons, the

  8  petitioner requires the location of the current residence to

  9  be confidential.)

10         (b)  Respondent resides at: ...(last known address)...

11         (c)  Respondent's last known place of employment:

12  ...(name of business and address)...

13         (d)  Physical description of respondent: ....

14         Race....

15         Sex....

16         Date of birth....

17         Height....

18         Weight....

19         Eye color....

20         Hair color....

21         Distinguishing marks or scars....

22         (e)  Aliases of respondent: ....

23         (f)  Respondent is the spouse or former spouse of the

24  petitioner or is any other person related by blood or marriage

25  to the petitioner or is any other person who is or was

26  residing within a single dwelling unit with the petitioner, as

27  if a family, or is a person with whom the petitioner has a

28  child in common, regardless of whether the petitioner and

29  respondent are or were married or residing together, as if a

30  family.

31         (g)  The following describes any other cause of action

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  currently pending between the petitioner and respondent: .....

  2  ..............................................................

  3         The petitioner should also describe any previous or

  4  pending attempts by the petitioner to obtain an injunction for

  5  protection against domestic violence in this or any other

  6  circuit, and the results of that attempt......................

  7  ..............................................................

  8  Case numbers should be included if available.

  9         (h)  Petitioner is either a victim of domestic violence

10  has suffered or has reasonable cause to believe he or she is

11  in imminent danger of becoming a victim of fear imminent

12  domestic violence because respondent has ....(mark all

13  sections that apply and describe in the spaces below the

14  incidents of violence or threats of violence, specifying when

15  and where they occurred, including, but not limited to,

16  locations such as a home, school, place of employment, or

17  visitation exchange)....: ....................................

18         ....committed or threatened to commit domestic violence

19  defined in s. 741.28, Florida Statutes, as any assault,

20  aggravated assault, battery, aggravated battery, sexual

21  assault, sexual battery, stalking, aggravated stalking,

22  kidnapping, false imprisonment, or any criminal offense

23  resulting in physical injury or death of one family or

24  household member by another. With the exception of persons who

25  are parents of a child in common, the family or household

26  members must be currently residing or have in the past resided

27  together in the same single dwelling unit.

28         ....previously threatened, harassed, stalked, or

29  physically abused the petitioner.

30         ....attempted to harm the petitioner or family members

31  or individuals closely associated with the petitioner.

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         ....threatened to conceal, kidnap, or harm the

  2  petitioner's child or children.

  3         ....intentionally injured or killed a family pet.

  4         ....used, or has threatened to use, against the

  5  petitioner any weapons such as guns or knives.

  6         ....physically restrained the petitioner from leaving

  7  the home or calling law enforcement.

  8         ....a criminal history involving violence or the threat

  9  of violence (if known).

10         ....another order of protection issued against him or

11  her previously or from another jurisdiction (if known).

12         ....destroyed personal property, including, but not

13  limited to, telephones or other communication equipment,

14  clothing, or other items belonging to the petitioner.

15         ....engaged in any other behavior or conduct that leads

16  the petitioner to have reasonable cause to believe he or she

17  is in imminent danger of becoming a victim of domestic

18  violence.

19         (i)  Petitioner alleges the following additional

20  specific facts: (mark appropriate sections)

21                                ....Petitioner is the custodian of a minor child or

22  children whose names and ages are as follows: ................

23                                ....Petitioner needs the exclusive use and possession

24  of the dwelling that the parties share.

25                                ....Petitioner is unable to obtain safe alternative

26  housing because: .............................................

27                                ....Petitioner genuinely fears that respondent

28  imminently will abuse, remove, or hide the minor child or

29  children from petitioner because: ............................

30  ..............................................................

31         (j)  Petitioner genuinely fears imminent domestic

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  violence by respondent.

  2         (k)  Petitioner seeks an injunction: (mark appropriate

  3  section or sections)

  4                                ....Immediately restraining the respondent from

  5  committing any acts of domestic violence.

  6                                ....Restraining the respondent from committing any acts

  7  of domestic violence.

  8                                ....Awarding to the petitioner the temporary exclusive

  9  use and possession of the dwelling that the parties share or

10  excluding the respondent from the residence of the petitioner.

11                                ....Awarding temporary custody of, or temporary

12  visitation rights with regard to, the minor child or children

13  of the parties, or prohibiting or limiting visitation to that

14  which is supervised by a third party.

15                                ....Establishing temporary support for the minor child

16  or children or the petitioner.

17                                ....Directing the respondent to participate in a

18  batterers' intervention program or other treatment pursuant to

19  s. 39.901, Florida Statutes.

20                                ....Providing any terms the court deems necessary for

21  the protection of a victim of domestic violence, or any minor

22  children of the victim, including any injunctions or

23  directives to law enforcement agencies.

24         (c)  Every petition for an injunction against domestic

25  violence shall contain, directly above the signature line, a

26  statement in all capital letters and bold type not smaller

27  than the surrounding text, as follows:

28

29         I HAVE READ EVERY STATEMENT MADE IN THIS

30         PETITION AND EACH STATEMENT IS TRUE AND

31         CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         IN THIS PETITION ARE BEING MADE UNDER PENALTY

  2         OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION

  3         837.02, FLORIDA STATUTES.

  4                                ...(initials)...

  5

  6         (d)  If the sworn petition seeks to determine issues of

  7  custody or visitation with regard to the minor child or

  8  children of the parties, the sworn petition shall be

  9  accompanied by or shall incorporate the allegations required

10  by s. 61.132 of the Uniform Child Custody Jurisdiction Act.

11         (6)(a)  Upon notice and hearing, when it appears to the

12  court that the petitioner is either the victim of domestic

13  violence as defined by s. 741.28 or has reasonable cause to

14  believe he or she is in imminent danger of becoming a victim

15  of domestic violence, the court may grant such relief as the

16  court deems proper, including an injunction:

17         1.  Restraining the respondent from committing any acts

18  of domestic violence.

19         2.  Awarding to the petitioner the exclusive use and

20  possession of the dwelling that the parties share or excluding

21  the respondent from the residence of the petitioner.

22         3.  On the same basis as provided in chapter 61,

23  awarding temporary custody of, or temporary visitation rights

24  with regard to, a minor child or children of the parties.

25         4.  On the same basis as provided in chapter 61,

26  establishing temporary support for a minor child or children

27  or the petitioner.

28         5.  Ordering the respondent to participate in

29  treatment, intervention, or counseling services to be paid for

30  by the respondent. When the court orders the respondent to

31  participate in a batterers' intervention program, the court,

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  or any entity designated by the court, must provide the

  2  respondent with a list of all certified batterers'

  3  intervention programs and all programs which have submitted an

  4  application to the Department of Corrections to become

  5  certified under s. 741.325, from which the respondent must

  6  choose a program in which to participate. If there are no

  7  certified batterers' intervention programs in the circuit, the

  8  court shall provide a list of acceptable programs from which

  9  the respondent must choose a program in which to participate.

10         6.  Referring a petitioner to a certified domestic

11  violence center. The court must provide the petitioner with a

12  list of certified domestic violence centers in the circuit

13  which the petitioner may contact.

14         7.  Ordering such other relief as the court deems

15  necessary for the protection of a victim of domestic violence,

16  including injunctions or directives to law enforcement

17  agencies, as provided in this section.

18         (b)  In determining whether a petitioner has reasonable

19  cause to believe he or she is in imminent danger of becoming a

20  victim of domestic violence, the court shall consider and

21  evaluate all relevant factors alleged in the petition,

22  including, but not limited to:

23         1.  The history between the petitioner and the

24  respondent, including threats, harassment, stalking, and

25  physical abuse.

26         2.  Whether the respondent has attempted to harm the

27  petitioner or family members or individuals closely associated

28  with the petitioner.

29         3.  Whether the respondent has threatened to conceal,

30  kidnap, or harm the petitioner's child or children.

31         4.  Whether the respondent has intentionally injured or

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  killed a family pet.

  2         5.  Whether the respondent has used, or has threatened

  3  to use, against the petitioner any weapons such as guns or

  4  knives.

  5         6.  Whether the respondent has physically restrained

  6  the petitioner from leaving the home or calling law

  7  enforcement.

  8         7.  Whether the respondent has a criminal history

  9  involving violence or the threat of violence.

10         8.  The existence of a verifiable order of protection

11  issued previously or from another jurisdiction.

12         9.  Whether the respondent has destroyed personal

13  property, including, but not limited to, telephones or other

14  communications equipment, clothing, or other items belonging

15  to the petitioner.

16         10.  Whether the respondent engaged in any other

17  behavior or conduct that leads the petitioner to have

18  reasonable cause to believe that he or she is in imminent

19  danger of becoming a victim of domestic violence.

20

21  In making its determination under this paragraph, the court is

22  not limited to those factors enumerated in subparagraphs

23  1.-10.

24         (c)(b)  The terms of an injunction restraining the

25  respondent under subparagraph (a)1. or ordering other relief

26  for the protection of the victim under subparagraph (a)7.

27  shall remain in effect until modified or dissolved. Either

28  party may move at any time to modify or dissolve the

29  injunction. No specific allegations are required. Such relief

30  may be granted in addition to other civil or criminal

31  remedies.

                                  18

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (d)(c)  A temporary or final judgment on injunction for

  2  protection against domestic violence entered pursuant to this

  3  section shall, on its face, indicate that:

  4         1.  The injunction is valid and enforceable in all

  5  counties of the State of Florida.

  6         2.  Law enforcement officers may use their arrest

  7  powers pursuant to s. 901.15(6) to enforce the terms of the

  8  injunction.

  9         3.  The court had jurisdiction over the parties and

10  matter under the laws of Florida and that reasonable notice

11  and opportunity to be heard was given to the person against

12  whom the order is sought sufficient to protect that person's

13  right to due process.

14         4.  The date respondent was served with the temporary

15  or final order, if obtainable.

16         (e)(d)  An injunction for protection against domestic

17  violence entered pursuant to this section, on its face, may

18  order that the respondent attend a batterers' intervention

19  program as a condition of the injunction. Unless the court

20  makes written factual findings in its judgment or order which

21  are based on substantial evidence, stating why batterers'

22  intervention programs would be inappropriate, the court shall

23  order the respondent to attend a batterers' intervention

24  program if:

25         1.  It finds that the respondent willfully violated the

26  ex parte injunction;

27         2.  The respondent, in this state or any other state,

28  has been convicted of, had adjudication withheld on, or pled

29  nolo contendere to a crime involving violence or a threat of

30  violence; or

31         3.  The respondent, in this state or any other state,

                                  19

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  has had at any time a prior injunction for protection entered

  2  against the respondent after a hearing with notice.

  3

  4  It is mandatory that such programs be certified under s.

  5  741.32.

  6         (f)(e)  The fact that a separate order of protection is

  7  granted to each opposing party shall not be legally sufficient

  8  to deny any remedy to either party or to prove that the

  9  parties are equally at fault or equally endangered.

10         (g)(f)  A final judgment on injunction for protection

11  against domestic violence entered pursuant to this section

12  must, on its face, indicate that it is a violation of s.

13  790.233, and a first degree misdemeanor, for the respondent to

14  have in his or her care, custody, possession, or control any

15  firearm or ammunition.

16         (h)  All proceedings under this subsection shall be

17  recorded. Recording may be by electronic means as provided by

18  the Rules of Judicial Administration.

19         (7)  The court shall allow an advocate from a state

20  attorney's office, an advocate from a law enforcement agency,

21  or an advocate from a certified domestic violence center who

22  is registered under s. 39.905 to be present with the

23  petitioner or respondent during any court proceedings or

24  hearings related to the injunction for protection, provided

25  the petitioner or respondent has made such a request and the

26  advocate is able to be present.

27         Section 14.  Paragraph (a) of subsection (4) of section

28  741.31, Florida Statutes, is amended to read:

29         741.31  Violation of an injunction for protection

30  against domestic violence.--

31         (4)(a)  A person who willfully violates an injunction

                                  20

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  for protection against domestic violence issued pursuant to s.

  2  741.30, or a foreign protection order accorded full faith and

  3  credit pursuant to s. 741.315, by:

  4         1.  Refusing to vacate the dwelling that the parties

  5  share;

  6         2.  Going to, or being within 500 feet of, the

  7  petitioner's residence, school, place of employment, or a

  8  specified place frequented regularly by the petitioner and any

  9  named family or household member;

10         3.  Committing an act of domestic violence against the

11  petitioner;

12         4.  Committing any other violation of the injunction

13  through an intentional unlawful threat, word, or act to do

14  violence to the petitioner; or

15         5.  Telephoning, contacting, or otherwise communicating

16  with the petitioner directly or indirectly, unless the

17  injunction specifically allows indirect contact through a

18  third party;

19         6.  Knowingly and intentionally coming within 100 feet

20  of the petitioner's motor vehicle, whether or not that vehicle

21  is occupied;

22         7.  Defacing or destroying the petitioner's personal

23  property, including the petitioner's motor vehicle; or

24         8.  Refusing to surrender firearms or ammunition if

25  ordered to do so by the court

26

27  commits a misdemeanor of the first degree, punishable as

28  provided in s. 775.082 or s. 775.083.

29         Section 15.  Subsection (2) of section 943.171, Florida

30  Statutes, is amended to read:

31         943.171  Basic skills training in handling domestic

                                  21

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  violence cases.--

  2         (2)  As used in this section, the term:

  3         (a)  "Domestic violence" has the meaning set forth in

  4  s. 741.28 means any assault, battery, sexual assault, sexual

  5  battery, or any criminal offense resulting in the physical

  6  injury or death of one family or household member by another

  7  who is or was residing in the same single dwelling unit.

  8         (b)  "Household member" has the meaning set forth in s.

  9  741.28(4) means spouse, former spouse, persons related by

10  blood or marriage, persons who are presently residing

11  together, as if a family, or who have resided together in the

12  past, as if a family, and persons who have a child in common

13  regardless of whether they have been married or have resided

14  together at any time.

15         Section 16.  Paragraph (b) of subsection (2) of section

16  985.213, Florida Statutes, is amended to read:

17         985.213  Use of detention.--

18         (2)

19         (b)1.  The risk assessment instrument for detention

20  care placement determinations and orders shall be developed by

21  the Department of Juvenile Justice in agreement with

22  representatives appointed by the following associations: the

23  Conference of Circuit Judges of Florida, the Prosecuting

24  Attorneys Association, the Public Defenders Association, the

25  Florida Sheriffs Association, and the Florida Association of

26  Chiefs of Police.  Each association shall appoint two

27  individuals, one representing an urban area and one

28  representing a rural area.  The parties involved shall

29  evaluate and revise the risk assessment instrument as is

30  considered necessary using the method for revision as agreed

31  by the parties. The risk assessment instrument shall take into

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  consideration, but need not be limited to, prior history of

  2  failure to appear, prior offenses, offenses committed pending

  3  adjudication, any unlawful possession of a firearm, theft of a

  4  motor vehicle or possession of a stolen motor vehicle, and

  5  probation status at the time the child is taken into custody.

  6  The risk assessment instrument shall also take into

  7  consideration appropriate aggravating and mitigating

  8  circumstances, and shall be designed to target a narrower

  9  population of children than s. 985.215(2). The risk assessment

10  instrument shall also include any information concerning the

11  child's history of abuse and neglect. The risk assessment

12  shall indicate whether detention care is warranted, and, if

13  detention care is warranted, whether the child should be

14  placed into secure, nonsecure, or home detention care.

15         2.  If, at the detention hearing, the court finds a

16  material error in the scoring of the risk assessment

17  instrument, the court may amend the score to reflect factual

18  accuracy.

19         3.  A child who is charged with committing an offense

20  of domestic violence as defined in s. 741.28(1) and who does

21  not meet detention criteria may be held in secure detention if

22  the court makes specific written findings that:

23         a.  Respite care for the child is not available; and

24         b.  It is necessary to place the child in secure

25  detention in order to protect the victim from injury.

26

27  The child may not be held in secure detention under this

28  subparagraph for more than 48 hours unless ordered by the

29  court. After 48 hours, the court shall hold a hearing if the

30  state attorney or victim requests that secure detention be

31  continued. The child may continue to be held in detention care

                                  23

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  if the court makes a specific, written finding that detention

  2  care is necessary to protect the victim from injury. However,

  3  the child may not be held in detention care beyond the time

  4  limits set forth in s. 985.215.

  5         4.  For a child who is under the supervision of the

  6  department through probation, home detention, nonsecure

  7  detention, conditional release, postcommitment probation, or

  8  commitment and who is charged with committing a new offense,

  9  the risk assessment instrument may be completed and scored

10  based on the underlying charge for which the child was placed

11  under the supervision of the department and the new offense.

12         Section 17.  Paragraph (d) of subsection (2) of section

13  985.215, Florida Statutes, is amended to read:

14         985.215  Detention.--

15         (2)  Subject to the provisions of subsection (1), a

16  child taken into custody and placed into nonsecure or home

17  detention care or detained in secure detention care prior to a

18  detention hearing may continue to be detained by the court if:

19         (d)  The child is charged with committing an offense of

20  domestic violence as defined in s. 741.28(1) and is detained

21  as provided in s. 985.213(2)(b)3.

22

23  A child who meets any of these criteria and who is ordered to

24  be detained pursuant to this subsection shall be given a

25  hearing within 24 hours after being taken into custody. The

26  purpose of the detention hearing is to determine the existence

27  of probable cause that the child has committed the delinquent

28  act or violation of law with which he or she is charged and

29  the need for continued detention. Unless a child is detained

30  under paragraph (d) or paragraph (e), the court shall utilize

31  the results of the risk assessment performed by the juvenile

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  probation officer and, based on the criteria in this

  2  subsection, shall determine the need for continued detention.

  3  A child placed into secure, nonsecure, or home detention care

  4  may continue to be so detained by the court pursuant to this

  5  subsection. If the court orders a placement more restrictive

  6  than indicated by the results of the risk assessment

  7  instrument, the court shall state, in writing, clear and

  8  convincing reasons for such placement. Except as provided in

  9  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

10  paragraph (10)(c), or paragraph (10)(d), when a child is

11  placed into secure or nonsecure detention care, or into a

12  respite home or other placement pursuant to a court order

13  following a hearing, the court order must include specific

14  instructions that direct the release of the child from such

15  placement no later than 5 p.m. on the last day of the

16  detention period specified in paragraph (5)(b) or paragraph

17  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

18  unless the requirements of such applicable provision have been

19  met or an order of continuance has been granted pursuant to

20  paragraph (5)(f).

21         Section 18.  Effective July 1, 2002, subsection (1) of

22  section 938.01, Florida Statutes, as amended by section 29 of

23  chapter 2001-254, Laws of Florida, section 19 of chapter

24  2001-122, Laws of Florida, section 1 of chapter 2001-184, Laws

25  of Florida, section 3 of chapter 2001-232, Laws of Florida,

26  and section 30 of chapter 2001-254, Laws of Florida, is

27  amended to read:

28         938.01  Additional Court Cost Clearing Trust Fund.--

29         (Substantial rewording of subsection. See

30         s. 938.01(1), F.S., for present text.)

31         (1)  All courts created by Art. V of the State

                                  25

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  Constitution shall, in addition to any fine or other penalty,

  2  assess $3 as a court cost against every person convicted for

  3  violation of a state penal or criminal statute or convicted

  4  for violation of a municipal or county ordinance. Any person

  5  whose adjudication is withheld pursuant to the provisions of

  6  s. 318.14(9) or (10) shall also be assessed such cost. In

  7  addition, $3 from every bond estreature or forfeited bail bond

  8  related to such penal statutes or penal ordinances shall be

  9  remitted to the Department of Revenue as described in this

10  subsection. However, no such assessment may be made against

11  any person convicted for violation of any state statute,

12  municipal ordinance, or county ordinance relating to the

13  parking of vehicles.

14         (a)  All costs collected by the courts pursuant to this

15  subsection shall be remitted to the Department of Revenue in

16  accordance with administrative rules adopted by the executive

17  director of the Department of Revenue for deposit in the

18  Additional Court Cost Clearing Trust Fund. These funds and the

19  funds deposited in the Additional Court Cost Clearing Trust

20  Fund pursuant to s. 318.21(2)(c) shall be distributed as

21  follows:

22         1.  Ninety-two percent to the Department of Law

23  Enforcement Criminal Justice Standards and Training Trust

24  Fund.

25         2.  Six and three-tenths percent to the Department of

26  Law Enforcement Operating Trust Fund for the Criminal Justice

27  Grant Program.

28         3.  One and seven-tenths percent to the Department of

29  Children and Family Services Domestic Violence Trust Fund for

30  the domestic violence program pursuant to s. 39.903(3).

31         (b)  The funds deposited in the Department of Law

                                  26

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  Enforcement Criminal Justice Standards and Training Trust

  2  Fund, the Department of Law Enforcement Operating Trust Fund,

  3  and the Department of Children and Family Services Domestic

  4  Violence Trust Fund may be invested. Any interest earned from

  5  investing such funds and any unencumbered funds remaining at

  6  the end of the budget cycle shall remain in the respective

  7  trust fund.

  8         (c)  All funds in the Department of Law Enforcement

  9  Criminal Justice Standards and Training Trust Fund shall be

10  disbursed only in compliance with s. 943.25(9).

11         Section 19.  Subsection (2) of section 4 of chapter

12  2001-184, Laws of Florida, and subsection (2) of section 7 of

13  chapter 2001-232, Laws of Florida, are repealed.

14         Section 20.  Section 741.466, Florida Statutes, is

15  repealed.

16         Section 21.  Effective January 1, 2003, section

17  784.046, Florida Statutes, is amended to read:

18         784.046  Action by victim of repeat violence or dating

19  violence for protective injunction; powers and duties of court

20  and clerk of court; filing and form of petition; notice and

21  hearing; temporary injunction; issuance; statewide

22  verification system; enforcement.--

23         (1)  As used in this section, the term:

24         (a)  "Violence" means any assault, aggravated assault,

25  battery, aggravated battery, sexual assault, sexual battery,

26  or stalking, aggravated stalking, kidnapping, or false

27  imprisonment, or any criminal offense resulting in physical

28  injury or death, by a person against any other person.

29         (b)  "Repeat violence" means two incidents of violence

30  or stalking committed by the respondent, one of which must

31  have been within 6 months of the filing of the petition, which

                                  27

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  are directed against the petitioner or the petitioner's

  2  immediate family member.

  3         (c)  "Dating violence" means violence between

  4  individuals who have or have had a continuing and significant

  5  relationship of a romantic or intimate nature. The existence

  6  of such a relationship shall be determined based on the

  7  consideration of the following factors:

  8         1.  A dating relationship must have existed within the

  9  past 6 months;

10         2.  The nature of the relationship must have been

11  characterized by the expectation of affection or sexual

12  involvement between the parties; and

13         3.  The frequency and type of interaction between the

14  persons involved in the relationship must have included that

15  the persons have been involved over time and on a continuous

16  basis during the course of the relationship.

17

18  The term does not include violence in a casual

19  acquaintanceship or violence between individuals who only have

20  engaged in ordinary fraternization in a business or social

21  context.

22         (2)  There is created a cause of action for an

23  injunction for protection in cases of repeat violence and

24  there is created a separate cause of action for an injunction

25  for protection in cases of dating violence.

26         (a)  Any person who is the victim of repeat violence or

27  the parent or legal guardian of any minor child who is living

28  at home and who seeks an injunction for protection against

29  repeat violence on behalf of the minor child has standing in

30  the circuit court to file a sworn petition for an injunction

31  for protection against repeat violence.

                                  28

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (b)  Any person who is the victim of dating violence

  2  and has reasonable cause to believe he or she is in imminent

  3  danger of becoming the victim of another act of dating

  4  violence, or any person who has reasonable cause to believe he

  5  or she is in imminent danger of becoming the victim of an act

  6  of dating violence, or the parent or legal guardian of any

  7  minor child who is living at home and who seeks an injunction

  8  for protection against dating violence on behalf of that minor

  9  child, has standing in the circuit court to file a sworn

10  petition for an injunction for protection against dating

11  violence.

12         (c)(b)  This cause of action for an injunction may be

13  sought whether or not any other petition, complaint, or cause

14  of action is currently available or pending between the

15  parties.

16         (d)(c)  This cause of action for an injunction shall

17  not require that the petitioner be represented by an attorney.

18         (3)(a)  The clerk of the court shall provide a copy of

19  this section, simplified forms, and clerical assistance for

20  the preparation and filing of such a petition by any person

21  who is not represented by counsel.

22         (b)  In the event the person desiring to file for an

23  injunction pursuant to this section does not have sufficient

24  funds with which to pay filing fees to the clerk of the court

25  or service fees to the sheriff or law enforcement agency and

26  signs an affidavit so stating, the fees shall be waived by the

27  clerk of the court or the sheriff or law enforcement agency to

28  the extent necessary to process the petition and serve the

29  injunction, subject to a subsequent order of the court

30  relative to the payment of such fees.

31         (c)  No bond shall be required by the court for the

                                  29

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  entry of an injunction.

  2         (d)  The clerk of the court shall provide the

  3  petitioner with a certified copy of any injunction for

  4  protection against repeat violence or dating violence entered

  5  by the court.

  6         (4)(a)  The sworn petition shall allege the incidents

  7  of repeat violence or dating violence and shall include the

  8  specific facts and circumstances which form the basis upon

  9  which relief is sought. With respect to a minor child who is

10  living at home, the parent or legal guardian of the minor

11  child must have been an eyewitness to, or have direct physical

12  evidence or affidavits from eyewitnesses of, the specific

13  facts and circumstances which form the basis upon which relief

14  is sought.

15         (b)  The sworn petition shall be in substantially the

16  following form:

17

18              PETITION FOR INJUNCTION FOR PROTECTION

19            AGAINST REPEAT VIOLENCE OR DATING VIOLENCE

20

21         Before me, the undersigned authority, personally

22  appeared Petitioner ...(Name)..., who has been sworn and says

23  that the following statements are true:

24

25         1.  Petitioner resides at ...(address)...

26         2.  Respondent resides at ...(address)...

27         3.a.  Petitioner has suffered repeat violence as

28  demonstrated by the fact that the respondent has:

29  ...(enumerate incidents of violence)...

30

31                                ............................

                                  30

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1                                ............................

  2                                ............................

  3

  4         b.  Petitioner is a victim of dating violence and has

  5  reasonable cause to believe that he or she is in imminent

  6  danger of becoming the victim of another act of dating

  7  violence or has reasonable cause to believe that he or she is

  8  in imminent danger of becoming a victim of dating violence, as

  9  demonstrated by the fact that the respondent has: ...(list the

10  specific incident or incidents of violence and describe the

11  length of time of the relationship, whether it has been in

12  existence during the last 6 months, the nature of the

13  relationship of a romantic or intimate nature, the frequency

14  and type of interaction, and any other facts that characterize

15  the relationship.)...

16

17                   ............................

18                   ............................

19                   ............................

20

21         4.  Petitioner genuinely fears repeat violence by the

22  respondent.

23         5.  Petitioner seeks:  an immediate injunction against

24  the respondent, enjoining him or her from committing any

25  further acts of repeat violence; an injunction enjoining the

26  respondent from committing any further acts of repeat

27  violence; and an injunction providing any terms the court

28  deems necessary for the protection of the petitioner and the

29  petitioner's immediate family, including any injunctions or

30  directives to law enforcement agencies.

31

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (5)  Upon the filing of the petition, the court shall

  2  set a hearing to be held at the earliest possible time.  The

  3  respondent shall be personally served with a copy of the

  4  petition, notice of hearing, and temporary injunction, if any,

  5  prior to the hearing.

  6         (6)(a)  When it appears to the court that an immediate

  7  and present danger of repeat violence exists, the court may

  8  grant a temporary injunction which may be granted in an ex

  9  parte hearing, pending a full hearing, and may grant such

10  relief as the court deems proper, including an injunction

11  enjoining the respondent from committing any acts of repeat

12  violence.

13         (b)  In a hearing ex parte for the purpose of obtaining

14  such temporary injunction, no evidence other than the verified

15  pleading or affidavit shall be used as evidence, unless the

16  respondent appears at the hearing or has received reasonable

17  notice of the hearing.

18         (c)  Any such ex parte temporary injunction shall be

19  effective for a fixed period not to exceed 15 days. A full

20  hearing, as provided by this section, shall be set for a date

21  no later than the date when the temporary injunction ceases to

22  be effective. The court may grant a continuance of the ex

23  parte injunction and the full hearing before or during a

24  hearing, for good cause shown by any party.

25         (7)  Upon notice and hearing, the court may grant such

26  relief as the court deems proper, including an injunction:

27         (a)  Enjoining the respondent from committing any acts

28  of violence.

29         (b)  Ordering such other relief as the court deems

30  necessary for the protection of the petitioner, including

31  injunctions or directives to law enforcement agencies, as

                                  32

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  provided in this section.

  2         (c)  The terms of the injunction shall remain in full

  3  force and effect until modified or dissolved. Either party may

  4  move at any time to modify or dissolve the injunction. Such

  5  relief may be granted in addition to other civil or criminal

  6  remedies.

  7         (d)  A temporary or final judgment on injunction for

  8  protection against repeat violence or dating violence entered

  9  pursuant to this section shall, on its face, indicate that:

10         1.  The injunction is valid and enforceable in all

11  counties of the State of Florida.

12         2.  Law enforcement officers may use their arrest

13  powers pursuant to s. 901.15(6) to enforce the terms of the

14  injunction.

15         3.  The court had jurisdiction over the parties and

16  matter under the laws of Florida and that reasonable notice

17  and opportunity to be heard was given to the person against

18  whom the order is sought sufficient to protect that person's

19  right to due process.

20         4.  The date that the respondent was served with the

21  temporary or final order, if obtainable.

22         (8)(a)1.  The clerk of the court shall furnish a copy

23  of the petition, notice of hearing, and temporary injunction,

24  if any, to the sheriff or a law enforcement agency of the

25  county where the respondent resides or can be found, who shall

26  serve it upon the respondent as soon thereafter as possible on

27  any day of the week and at any time of the day or night.  The

28  clerk of the court shall be responsible for furnishing to the

29  sheriff such information on the respondent's physical

30  description and location as is required by the department to

31  comply with the verification procedures set forth in this

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  section. Notwithstanding any other provision of law to the

  2  contrary, the chief judge of each circuit, in consultation

  3  with the appropriate sheriff, may authorize a law enforcement

  4  agency within the chief judge's jurisdiction to effect this

  5  type of service and to receive a portion of the service fee.

  6  No person shall be authorized or permitted to serve or execute

  7  an injunction issued under this section unless the person is a

  8  law enforcement officer as defined in chapter 943.

  9         2.  When an injunction is issued, if the petitioner

10  requests the assistance of a law enforcement agency, the court

11  may order that an officer from the appropriate law enforcement

12  agency accompany the petitioner and assist in the execution or

13  service of the injunction. A law enforcement officer shall

14  accept a copy of an injunction for protection against repeat

15  violence or dating violence, certified by the clerk of the

16  court, from the petitioner and immediately serve it upon a

17  respondent who has been located but not yet served.

18         (b)  There shall be created a Domestic, Dating, and

19  Repeat Violence Injunction Statewide Verification System

20  within the Department of Law Enforcement. The department shall

21  establish, implement, and maintain a statewide communication

22  system capable of electronically transmitting information to

23  and between criminal justice agencies relating to domestic

24  violence injunctions, dating violence injunctions, and repeat

25  violence injunctions issued by the courts throughout the

26  state. Such information must include, but is not limited to,

27  information as to the existence and status of any injunction

28  for verification purposes.

29         (c)1.  Within 24 hours after the court issues an

30  injunction for protection against repeat violence or dating

31  violence or changes or vacates an injunction for protection

                                  34

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  against repeat violence or dating violence, the clerk of the

  2  court must forward a copy of the injunction to the sheriff

  3  with jurisdiction over the residence of the petitioner.

  4         2.  Within 24 hours after service of process of an

  5  injunction for protection against repeat violence or dating

  6  violence upon a respondent, the law enforcement officer must

  7  forward the written proof of service of process to the sheriff

  8  with jurisdiction over the residence of the petitioner.

  9         3.  Within 24 hours after the sheriff receives a

10  certified copy of the injunction for protection against repeat

11  violence or dating violence, the sheriff must make information

12  relating to the injunction available to other law enforcement

13  agencies by electronically transmitting such information to

14  the department.

15         4.  Within 24 hours after the sheriff or other law

16  enforcement officer has made service upon the respondent and

17  the sheriff has been so notified, the sheriff must make

18  information relating to the service available to other law

19  enforcement agencies by electronically transmitting such

20  information to the department.

21         5.  Within 24 hours after an injunction for protection

22  against repeat violence or dating violence is lifted,

23  terminated, or otherwise rendered no longer effective by

24  ruling of the court, the clerk of the court must notify the

25  sheriff or local law enforcement agency receiving original

26  notification of the injunction as provided in subparagraph 2.

27  That agency shall, within 24 hours after receiving such

28  notification from the clerk of the court, notify the

29  department of such action of the court.

30         (9)(a)  The court shall enforce, through a civil or

31  criminal contempt proceeding, a violation of an injunction for

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  protection.  The court may enforce the respondent's compliance

  2  with the injunction by imposing a monetary assessment.  The

  3  clerk of the court shall collect and receive such assessments.

  4  On a monthly basis, the clerk shall transfer the moneys

  5  collected pursuant to this paragraph to the State Treasury for

  6  deposit in the Crimes Compensation Trust Fund established in

  7  s. 960.21.

  8         (b)  If the respondent is arrested by a law enforcement

  9  officer under s. 901.15(10) for committing an act of repeat

10  violence or dating violence in violation of a repeat or dating

11  violence injunction for protection, the respondent shall be

12  held in custody until brought before the court as

13  expeditiously as possible for the purpose of enforcing the

14  injunction and for admittance to bail in accordance with

15  chapter 903 and the applicable rules of criminal procedure,

16  pending a hearing.

17         (10)  The petitioner or the respondent may move the

18  court to modify or dissolve an injunction at any time.

19         (11)  A law enforcement officer acting in good faith

20  under this section and the officer's employing agency shall be

21  immune from all liability, civil or criminal, that might

22  otherwise be incurred or imposed by reason of the officer's or

23  agency's actions in carrying out the provisions of this

24  section.

25         Section 22.  Section 784.047, Florida Statutes, is

26  amended to read:

27         784.047  Penalties for violating protective injunction

28  against repeat violators.--A person who willfully violates an

29  injunction for protection against repeat violence or dating

30  violence, issued pursuant to s. 784.046, or a foreign

31  protection order accorded full faith and credit pursuant to s.

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  741.315 by:

  2         (1)  Refusing to vacate the dwelling that the parties

  3  share;

  4         (2)  Going to the petitioner's residence, school, place

  5  of employment, or a specified place frequented regularly by

  6  the petitioner and any named family or household member;

  7         (3)  Committing an act of repeat violence or dating

  8  violence against the petitioner;

  9         (4)  Committing any other violation of the injunction

10  through an intentional unlawful threat, word, or act to do

11  violence to the petitioner; or

12         (5)  Telephoning, contacting, or otherwise

13  communicating with the petitioner directly or indirectly,

14  unless the injunction specifically allows indirect contact

15  through a third party;

16

17  commits a misdemeanor of the first degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         Section 23.  Subsection (4) of section 784.048, Florida

20  Statutes, is amended to read:

21         784.048  Stalking; definitions; penalties.--

22         (4)  Any person who, after an injunction for protection

23  against repeat violence or dating violence pursuant to s.

24  784.046, or an injunction for protection against domestic

25  violence pursuant to s. 741.30, or after any other

26  court-imposed prohibition of conduct toward the subject person

27  or that person's property, knowingly, willfully, maliciously,

28  and repeatedly follows or harasses another person commits the

29  offense of aggravated stalking, a felony of the third degree,

30  punishable as provided in s. 775.082, s. 775.083, or s.

31  775.084.

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         Section 24.  Except as otherwise provided herein, this

  2  act shall take effect January 1, 2003.

  3

  4

  5  ================ T I T L E   A M E N D M E N T ===============

  6  And the title is amended as follows:

  7  remove:  the entire title

  8

  9  and insert:

10                      A bill to be entitled

11         An act relating to domestic violence; amending

12         ss. 25.385, 39.902, 741.28, and 943.171, F.S.;

13         redefining the terms "domestic violence" and

14         "family or household member"; amending s.

15         28.241, F.S.; deleting reference to limitations

16         on filing fees for domestic violence

17         injunctions to conform to the act; amending s.

18         39.903, F.S.; providing duty of the Department

19         of Children and Family Services to operate the

20         domestic violence program; amending ss.

21         390.01115, 470.002, 626.9541, 641.3903,

22         985.213, and 985.215, F.S.; correcting cross

23         references; amending s. 741.281, F.S.; deleting

24         requirement that a court order certain

25         defendants to attend a batterers' intervention

26         program; amending s. 741.2902, F.S.; deleting

27         provisions relating to filing fees and costs to

28         conform to the act; amending s. 741.30, F.S.;

29         eliminating the filing fee and revising

30         provisions for reimbursement of costs for

31         issuance of such injunctions; specifying when a

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         person has standing to file a petition for an

  2         injunction against domestic violence;

  3         specifying where the petition may be filed;

  4         providing for incidents that describe violence

  5         or threats of violence; specifying when a court

  6         may grant relief; providing factors for the

  7         court to consider in determining imminent

  8         danger; providing for recording of proceedings;

  9         providing for the presence of an advocate from

10         a state attorney's office, law enforcement

11         agency, or domestic violence center at

12         injunction proceedings, upon request; amending

13         s. 741.31, F.S.; specifying additional acts

14         that violate an injunction against domestic

15         violence; providing a penalty; amending s.

16         938.01, F.S.; revising provisions relating to

17         distribution of additional court costs assessed

18         in specified circumstances; repealing s. 4(2)

19         of ch. 2001-184, Laws of Florida, and s. 7(2)

20         of ch. 2001-232, Laws of Florida, relating to

21         the transfer of certain funds for

22         administration of the Prevention of Domestic

23         and Sexual Violence Program; repealing s.

24         741.466, F.S., relating to transfer of the

25         Prevention of Domestic and Sexual Violence

26         Program from the Department of Community

27         Affairs to the Department of Children and

28         Family Services; amending s. 784.046, F.S.;

29         providing for actions by victims of dating

30         violence; providing a definition; providing a

31         cause of action for an injunction for

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                                                   HOUSE AMENDMENT

    731-123AXC-08                        Bill No. SB 716, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         protection in cases of dating violence;

  2         providing a procedure for filing a petition;

  3         providing for a hearing and temporary or final

  4         judgment; redesignating the Domestic and Repeat

  5         Violence Injunction Statewide Verification

  6         System as the Domestic, Dating, and Repeat

  7         Violence Injunction Statewide Verification

  8         System; providing for notice to the sheriff;

  9         amending ss. 784.047 and 784.048, F.S.;

10         providing penalties for violating an injunction

11         for protection against dating violence;

12         providing a violation of such injunction

13         constitutes the offense of aggravated stalking;

14         providing a penalty; providing effective dates.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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