Senate Bill sb0716e2

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




    SB 716                                        Second Engrossed



  1                      A bill to be entitled

  2         An act relating to domestic violence; amending

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

  4         redefining the terms "domestic violence" and

  5         "family or household member"; amending s.

  6         28.241, F.S.; deleting reference to limitations

  7         on filing fees for domestic violence

  8         injunctions to conform to the act; amending s.

  9         39.903, F.S.; providing duty of the Department

10         of Children and Family Services to operate the

11         domestic violence program; amending ss.

12         390.01115, 470.002, 626.9541, 641.3903,

13         985.213, and 985.215, F.S.; correcting cross

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

15         requirement that a court order certain

16         defendants to attend a batterers' intervention

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

18         provisions relating to filing fees and costs to

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

20         eliminating the filing fee and revising

21         provisions for reimbursement of costs for

22         issuance of such injunctions; specifying when a

23         person has standing to file a petition for an

24         injunction against domestic violence;

25         specifying where the petition may be filed;

26         providing for incidents that describe violence

27         or threats of violence; specifying when a court

28         may grant relief; providing factors for the

29         court to consider in determining imminent

30         danger; providing for recording of proceedings;

31         providing for the presence of an advocate from


                                  1

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






    SB 716                                        Second Engrossed



  1         a state attorney's office, law enforcement

  2         agency, or domestic violence center at

  3         injunction proceedings, upon request; amending

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

  5         that violate an injunction against domestic

  6         violence; providing a penalty; amending s.

  7         938.01, F.S.; revising provisions relating to

  8         distribution of additional court costs assessed

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

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

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

12         the transfer of certain funds for

13         administration of the Prevention of Domestic

14         and Sexual Violence Program; repealing s.

15         741.466, F.S., relating to transfer of the

16         Prevention of Domestic and Sexual Violence

17         Program from the Department of Community

18         Affairs to the Department of Children and

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

20         providing for actions by victims of dating

21         violence; providing a definition; providing a

22         cause of action for an injunction for

23         protection in cases of dating violence;

24         providing a procedure for filing a petition;

25         providing for a hearing and temporary or final

26         judgment; redesignating the Domestic and Repeat

27         Violence Injunction Statewide Verification

28         System as the Domestic, Dating, and Repeat

29         Violence Injunction Statewide Verification

30         System; providing for notice to the sheriff;

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


                                  2

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






    SB 716                                        Second Engrossed



  1         providing penalties for violating an injunction

  2         for protection against dating violence;

  3         providing a violation of such injunction

  4         constitutes the offense of aggravated stalking;

  5         providing a penalty; providing effective dates.

  6

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

  8

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

10  Statutes, is amended to read:

11         25.385  Standards for instruction of circuit and county

12  court judges in handling domestic violence cases.--

13         (2)  As used in this section:

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

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

16  sexual battery, or any criminal offense resulting in physical

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

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

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

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

21  related by blood or marriage, persons who are presently

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

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

24  child in common regardless of whether they have been married

25  or have resided together at any time.

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

27  Statutes, is amended to read:

28         28.241  Filing charges for trial and appellate

29  proceedings.--

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

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


                                  3

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






    SB 716                                        Second Engrossed



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

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

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

  4  for injunctions concerning domestic violence shall be limited

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

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

  7  Florida Statutes, are amended to read:

  8         39.902  Definitions.--As used in this part, the term:

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

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

11  battery, or any criminal offense resulting in physical injury

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

13  or was residing in the same single dwelling unit.

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

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

16  related by blood or marriage, persons who are presently

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

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

19  common regardless of whether they have been married or have

20  resided together at any time.

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

22  section 39.903, Florida Statutes, are renumbered as

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

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

25         39.903  Duties and functions of the department with

26  respect to domestic violence.--

27         (3)  The department shall operate the domestic violence

28  program, which provides supervision, direction, coordination,

29  and administration of statewide activities related to the

30  prevention of domestic violence.

31


                                  4

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






    SB 716                                        Second Engrossed



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

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

  3         390.01115  Parental Notice of Abortion Act.--

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

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

  6  39.0015(3) and refers to the acts of child abuse against a

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

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

  9  39.01 and refers to the acts of sexual abuse against a minor

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

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

12  Statutes, is amended to read:

13         470.002  Definitions.--As used in this chapter:

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

15  priority listed, the decedent, when written inter vivos

16  authorizations and directions are provided by the decedent,

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

18  committing against the deceased an act of domestic violence as

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

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

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

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

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

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

25  the time of death; the personal representative of the

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

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

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

29  county commission or administrator acting under chapter 245,

30  or other public administrator; a representative of a nursing

31  home or other health care institution in charge of final


                                  5

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






    SB 716                                        Second Engrossed



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

  2  subsection who is willing to assume the responsibility as

  3  authorized person.

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

  5  626.9541, Florida Statutes, is amended to read:

  6         626.9541  Unfair methods of competition and unfair or

  7  deceptive acts or practices defined.--

  8         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

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

10  of competition and unfair or deceptive acts or practices:

11         (g)  Unfair discrimination.--

12         1.  Knowingly making or permitting any unfair

13  discrimination between individuals of the same actuarially

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

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

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

17  of the terms and conditions of such contract.

18         2.  Knowingly making or permitting any unfair

19  discrimination between individuals of the same actuarially

20  supportable class and essentially the same hazard, in the

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

22  policy or contract of accident, disability, or health

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

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

25  whatever.

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

27  insurer, property and casualty insurer, automobile insurer, or

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

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

30  cancel or otherwise terminate a policy, or increase rates

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


                                  6

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






    SB 716                                        Second Engrossed



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

  2  sought medical or psychological treatment in the past for

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

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

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

  6  or household member upon another family or household member as

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

  8  disability insurer, or managed care provider may refuse to

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

10  medical condition, but shall not consider whether such

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

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

13  of the following acts:

14         a.  Attempting or committing assault, battery, sexual

15  assault, or sexual battery;

16         b.  Placing another in fear of imminent serious bodily

17  injury by physical menace;

18         c.  False imprisonment;

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

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

21  741.28.

22

23  This subparagraph does not prohibit a property and casualty

24  insurer or an automobile insurer from excluding coverage for

25  intentional acts by the insured if such exclusion does not

26  constitute an act of unfair discrimination as defined in this

27  paragraph.

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

29  641.3903, Florida Statutes, is amended to read:

30         641.3903  Unfair methods of competition and unfair or

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


                                  7

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






    SB 716                                        Second Engrossed



  1  defined as unfair methods of competition and unfair or

  2  deceptive acts or practices:

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

  4  maintenance organization may not:

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

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

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

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

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

10  was residing in the same dwelling unit.

11         Section 9.  Section 741.28, Florida Statutes, is

12  amended to read:

13         741.28  Domestic violence; definitions.--As used in ss.

14  741.28-741.31:

15         (1)(3)  "Department" means the Florida Department of

16  Law Enforcement.

17         (2)(1)  "Domestic violence" means any assault,

18  aggravated assault, battery, aggravated battery, sexual

19  assault, sexual battery, stalking, aggravated stalking,

20  kidnapping, false imprisonment, or any criminal offense

21  resulting in physical injury or death of one family or

22  household member by another family or household member who is

23  or was residing in the same single dwelling unit.

24         (3)(2)  "Family or household member" means spouses,

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

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

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

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

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

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

31


                                  8

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






    SB 716                                        Second Engrossed



  1  family or household members must be currently residing or have

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

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

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

  5  state or any political subdivision thereof who meets the

  6  minimum qualifications established in s. 943.13 and is

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

  8         Section 10.  Section 741.281, Florida Statutes, is

  9  amended to read:

10         741.281  Court to order batterers' intervention program

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

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

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

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

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

16  attend a batterers' intervention program as a condition of

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

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

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

20  of the program that the defendant attend a batterers'

21  intervention program. The court must impose the condition of

22  the batterers' intervention program for a defendant admitted

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

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

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

26  might be inappropriate.  The court must impose the condition

27  of the batterers' intervention program for a defendant placed

28  on probation unless the court determines that the person does

29  not qualify for the batterers' intervention program pursuant

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

31  intervention program must be a certified program under s.


                                  9

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






    SB 716                                        Second Engrossed



  1  741.32. The imposition of probation under this section shall

  2  not preclude the court from imposing any sentence of

  3  imprisonment authorized by s. 775.082.

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

  5  741.2902, Florida Statutes, is amended to read:

  6         741.2902  Domestic violence; legislative intent with

  7  respect to judiciary's role.--

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

  9  to injunctions for protection against domestic violence,

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

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

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

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

14  for filing fees and costs paid by the petitioner.

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

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

17  amended to read:

18         741.30  Domestic violence; injunction; powers and

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

20  temporary injunction; issuance of injunction; statewide

21  verification system; enforcement.--

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

23  assessment of a filing fee for a petition for protection

24  against domestic violence is prohibited effective October 1,

25  2002. However, subject to legislative appropriation, the clerk

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

27  Office of the State Courts Administrator a certified request

28  for reimbursement for petitions for protection against

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

30  petition.  The request for reimbursement shall be submitted in

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


                                  10

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






    SB 716                                        Second Engrossed



  1  Courts Administrator.  From this reimbursement, the clerk

  2  shall pay any law enforcement agency serving the injunction

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

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

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

  6  law enforcement agency charges, and court costs or service

  7  charges, for any court to issue an injunction concerning

  8  domestic violence under chapter 741 or chapter 784 shall not

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

10  serve an injunction or restraining order concerning violence

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

12  injunction under chapter 741 shall only be applied to the

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

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

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

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

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

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

19  law enforcement agency to the extent necessary to process the

20  petition and serve the injunction, subject to a subsequent

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

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

23  741.30, Florida Statutes, are amended, subsections (7), (8),

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

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

26  section, to read:

27         741.30  Domestic violence; injunction; powers and

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

29  temporary injunction; issuance of injunction; statewide

30  verification system; enforcement.--

31


                                  11

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






    SB 716                                        Second Engrossed



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

  2  injunction for protection against domestic violence.

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

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

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

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

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

  8  sworn petition for an injunction for protection against

  9  domestic violence.

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

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

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

13  cause of action shall be alleged in the petition.

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

15  under chapter 61, any orders entered therein shall take

16  precedence over any inconsistent provisions of an injunction

17  issued under this section which addresses matters governed by

18  chapter 61.

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

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

21  or household to avoid domestic violence.

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

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

24  precluded from seeking injunctive relief pursuant to this

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

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

27  require that either party be represented by an attorney.

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

29  offers evidence or recommendations relating to the cause of

30  action must either present the evidence or recommendations in

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


                                  12

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






    SB 716                                        Second Engrossed



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

  2  at which all parties are present.

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

  4  any real estate.

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

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

  7  separate injunctions for protection against domestic violence

  8  where each party has complied with the provisions of this

  9  section. Compliance with the provisions of this section cannot

10  be waived.

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

12  petition for an injunction for protection against domestic

13  violence may be filed in the circuit where the petitioner

14  currently or temporarily resides, where the respondent

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

16  minimum requirement of residency to petition for an injunction

17  for protection.

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

19  of such domestic violence and shall include the specific facts

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

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

22  following form:

23

24                           PETITION FOR

25                    INJUNCTION FOR PROTECTION

26                    AGAINST DOMESTIC VIOLENCE

27

28  Before me, the undersigned authority, personally appeared

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

30  following statements are true:

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


                                  13

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






    SB 716                                        Second Engrossed



  1         (Petitioner may furnish address to the court in a

  2  separate confidential filing if, for safety reasons, the

  3  petitioner requires the location of the current residence to

  4  be confidential.)

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

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

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

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

  9         Race....

10         Sex....

11         Date of birth....

12         Height....

13         Weight....

14         Eye color....

15         Hair color....

16         Distinguishing marks or scars....

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

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

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

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

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

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

23  child in common, regardless of whether the petitioner and

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

25  family.

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

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

28  ..............................................................

29         The petitioner should also describe any previous or

30  pending attempts by the petitioner to obtain an injunction for

31


                                  14

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






    SB 716                                        Second Engrossed



  1  protection against domestic violence in this or any other

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

  3  ..............................................................

  4  Case numbers should be included if available.

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

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

  7  in imminent danger of becoming a victim of fear imminent

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

  9  sections that apply and describe in the spaces below the

10  incidents of violence or threats of violence, specifying when

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

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

13  visitation exchange)....: ....................................

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

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

16  aggravated assault, battery, aggravated battery, sexual

17  assault, sexual battery, stalking, aggravated stalking,

18  kidnapping, false imprisonment, or any criminal offense

19  resulting in physical injury or death of one family or

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

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

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

23  together in the same single dwelling unit.

24         ....previously threatened, harassed, stalked, or

25  physically abused the petitioner.

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

27  or individuals closely associated with the petitioner.

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

29  petitioner's child or children.

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

31


                                  15

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






    SB 716                                        Second Engrossed



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

  2  petitioner any weapons such as guns or knives.

  3         ....physically restrained the petitioner from leaving

  4  the home or calling law enforcement.

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

  6  of violence (if known).

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

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

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

10  limited to, telephones or other communication equipment,

11  clothing, or other items belonging to the petitioner.

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

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

14  is in imminent danger of becoming a victim of domestic

15  violence.

16         (i)  Petitioner alleges the following additional

17  specific facts: (mark appropriate sections)

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

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

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

21  of the dwelling that the parties share.

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

23  housing because: .............................................

24         ....Petitioner genuinely fears that respondent

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

26  children from petitioner because: ............................

27  ..............................................................

28         (j)  Petitioner genuinely fears imminent domestic

29  violence by respondent.

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

31  section or sections)


                                  16

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






    SB 716                                        Second Engrossed



  1         ....Immediately restraining the respondent from

  2  committing any acts of domestic violence.

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

  4  of domestic violence.

  5         ....Awarding to the petitioner the temporary exclusive

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

  7  excluding the respondent from the residence of the petitioner.

  8         ....Awarding temporary custody of, or temporary

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

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

11  which is supervised by a third party.

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

13  or children or the petitioner.

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

15  batterers' intervention program or other treatment pursuant to

16  s. 39.901, Florida Statutes.

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

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

19  children of the victim, including any injunctions or

20  directives to law enforcement agencies.

21         (c)  Every petition for an injunction against domestic

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

23  statement in all capital letters and bold type not smaller

24  than the surrounding text, as follows:

25

26         I HAVE READ EVERY STATEMENT MADE IN THIS

27         PETITION AND EACH STATEMENT IS TRUE AND

28         CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE

29         IN THIS PETITION ARE BEING MADE UNDER PENALTY

30         OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION

31         837.02, FLORIDA STATUTES.


                                  17

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






    SB 716                                        Second Engrossed



  1                                        ...(initials)...

  2

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

  4  custody or visitation with regard to the minor child or

  5  children of the parties, the sworn petition shall be

  6  accompanied by or shall incorporate the allegations required

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

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

  9  court that the petitioner is either the victim of domestic

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

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

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

13  court deems proper, including an injunction:

14         1.  Restraining the respondent from committing any acts

15  of domestic violence.

16         2.  Awarding to the petitioner the exclusive use and

17  possession of the dwelling that the parties share or excluding

18  the respondent from the residence of the petitioner.

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

20  awarding temporary custody of, or temporary visitation rights

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

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

23  establishing temporary support for a minor child or children

24  or the petitioner.

25         5.  Ordering the respondent to participate in

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

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

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

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

30  respondent with a list of all certified batterers'

31  intervention programs and all programs which have submitted an


                                  18

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






    SB 716                                        Second Engrossed



  1  application to the Department of Corrections to become

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

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

  4  certified batterers' intervention programs in the circuit, the

  5  court shall provide a list of acceptable programs from which

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

  7         6.  Referring a petitioner to a certified domestic

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

  9  list of certified domestic violence centers in the circuit

10  which the petitioner may contact.

11         7.  Ordering such other relief as the court deems

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

13  including injunctions or directives to law enforcement

14  agencies, as provided in this section.

15         (b)  In determining whether a petitioner has reasonable

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

17  victim of domestic violence, the court shall consider and

18  evaluate all relevant factors alleged in the petition,

19  including, but not limited to:

20         1.  The history between the petitioner and the

21  respondent, including threats, harassment, stalking, and

22  physical abuse.

23         2.  Whether the respondent has attempted to harm the

24  petitioner or family members or individuals closely associated

25  with the petitioner.

26         3.  Whether the respondent has threatened to conceal,

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

28         4.  Whether the respondent has intentionally injured or

29  killed a family pet.

30

31


                                  19

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






    SB 716                                        Second Engrossed



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

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

  3  knives.

  4         6.  Whether the respondent has physically restrained

  5  the petitioner from leaving the home or calling law

  6  enforcement.

  7         7.  Whether the respondent has a criminal history

  8  involving violence or the threat of violence.

  9         8.  The existence of a verifiable order of protection

10  issued previously or from another jurisdiction.

11         9.  Whether the respondent has destroyed personal

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

13  communications equipment, clothing, or other items belonging

14  to the petitioner.

15         10.  Whether the respondent engaged in any other

16  behavior or conduct that leads the petitioner to have

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

18  danger of becoming a victim of domestic violence.

19

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

21  not limited to those factors enumerated in subparagraphs

22  1.-10.

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

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

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

26  shall remain in effect until modified or dissolved. Either

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

28  injunction. No specific allegations are required. Such relief

29  may be granted in addition to other civil or criminal

30  remedies.

31


                                  20

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






    SB 716                                        Second Engrossed



  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


                                  21

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






    SB 716                                        Second Engrossed



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

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

  3  against the respondent after a hearing with notice.

  4

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

  6  741.32.

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

  8  granted to each opposing party shall not be legally sufficient

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

10  parties are equally at fault or equally endangered.

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

12  against domestic violence entered pursuant to this section

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

14  790.233, and a first degree misdemeanor, for the respondent to

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

16  firearm or ammunition.

17         (h)  All proceedings under this subsection shall be

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

19  the Rules of Judicial Administration.

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

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

22  or an advocate from a certified domestic violence center who

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

24  petitioner or respondent during any court proceedings or

25  hearings related to the injunction for protection, provided

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

27  advocate is able to be present.

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

29  741.31, Florida Statutes, is amended to read:

30         741.31  Violation of an injunction for protection

31  against domestic violence.--


                                  22

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






    SB 716                                        Second Engrossed



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

  2  for protection against domestic violence issued pursuant to s.

  3  741.30, or a foreign protection order accorded full faith and

  4  credit pursuant to s. 741.315, by:

  5         1.  Refusing to vacate the dwelling that the parties

  6  share;

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

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

  9  specified place frequented regularly by the petitioner and any

10  named family or household member;

11         3.  Committing an act of domestic violence against the

12  petitioner;

13         4.  Committing any other violation of the injunction

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

15  violence to the petitioner; or

16         5.  Telephoning, contacting, or otherwise communicating

17  with the petitioner directly or indirectly, unless the

18  injunction specifically allows indirect contact through a

19  third party;

20         6.  Knowingly and intentionally coming within 100 feet

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

22  is occupied;

23         7.  Defacing or destroying the petitioner's personal

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

25         8.  Refusing to surrender firearms or ammunition if

26  ordered to do so by the court

27

28  commits a misdemeanor of the first degree, punishable as

29  provided in s. 775.082 or s. 775.083.

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

31  Statutes, is amended to read:


                                  23

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






    SB 716                                        Second Engrossed



  1         943.171  Basic skills training in handling domestic

  2  violence cases.--

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

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

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

  6  battery, or any criminal offense resulting in the physical

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

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

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

10  741.28(4) means spouse, former spouse, persons related by

11  blood or marriage, persons who are presently residing

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

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

14  regardless of whether they have been married or have resided

15  together at any time.

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

17  985.213, Florida Statutes, is amended to read:

18         985.213  Use of detention.--

19         (2)

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

21  care placement determinations and orders shall be developed by

22  the Department of Juvenile Justice in agreement with

23  representatives appointed by the following associations: the

24  Conference of Circuit Judges of Florida, the Prosecuting

25  Attorneys Association, the Public Defenders Association, the

26  Florida Sheriffs Association, and the Florida Association of

27  Chiefs of Police.  Each association shall appoint two

28  individuals, one representing an urban area and one

29  representing a rural area.  The parties involved shall

30  evaluate and revise the risk assessment instrument as is

31  considered necessary using the method for revision as agreed


                                  24

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






    SB 716                                        Second Engrossed



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

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

  3  failure to appear, prior offenses, offenses committed pending

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

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

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

  7  The risk assessment instrument shall also take into

  8  consideration appropriate aggravating and mitigating

  9  circumstances, and shall be designed to target a narrower

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

11  instrument shall also include any information concerning the

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

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

14  detention care is warranted, whether the child should be

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

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

17  material error in the scoring of the risk assessment

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

19  accuracy.

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

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

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

23  the court makes specific written findings that:

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

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

26  detention in order to protect the victim from injury.

27

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

29  subparagraph for more than 48 hours unless ordered by the

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

31  state attorney or victim requests that secure detention be


                                  25

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






    SB 716                                        Second Engrossed



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

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

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

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

  5  limits set forth in s. 985.215.

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

  7  department through probation, home detention, nonsecure

  8  detention, conditional release, postcommitment probation, or

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

10  the risk assessment instrument may be completed and scored

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

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

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

14  985.215, Florida Statutes, is amended to read:

15         985.215  Detention.--

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

17  child taken into custody and placed into nonsecure or home

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

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

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

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

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

23

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

25  be detained pursuant to this subsection shall be given a

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

27  purpose of the detention hearing is to determine the existence

28  of probable cause that the child has committed the delinquent

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

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

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


                                  26

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






    SB 716                                        Second Engrossed



  1  the results of the risk assessment performed by the juvenile

  2  probation officer and, based on the criteria in this

  3  subsection, shall determine the need for continued detention.

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

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

  6  subsection. If the court orders a placement more restrictive

  7  than indicated by the results of the risk assessment

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

  9  convincing reasons for such placement. Except as provided in

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

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

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

13  respite home or other placement pursuant to a court order

14  following a hearing, the court order must include specific

15  instructions that direct the release of the child from such

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

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

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

19  unless the requirements of such applicable provision have been

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

21  paragraph (5)(f).

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

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

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

25  2001-122, Laws of Florida, section 1 of chapter 2001-184, Laws

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

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

28  amended to read:

29         938.01  Additional Court Cost Clearing Trust Fund.--

30         (Substantial rewording of subsection. See

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


                                  27

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






    SB 716                                        Second Engrossed



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

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

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

  4  violation of a state penal or criminal statute or convicted

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

  6  whose adjudication is withheld pursuant to the provisions of

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

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

  9  related to such penal statutes or penal ordinances shall be

10  remitted to the Department of Revenue as described in this

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

12  any person convicted for violation of any state statute,

13  municipal ordinance, or county ordinance relating to the

14  parking of vehicles.

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

16  subsection shall be remitted to the Department of Revenue in

17  accordance with administrative rules adopted by the executive

18  director of the Department of Revenue for deposit in the

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

20  funds deposited in the Additional Court Cost Clearing Trust

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

22  follows:

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

24  Enforcement Criminal Justice Standards and Training Trust

25  Fund.

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

27  Law Enforcement Operating Trust Fund for the Criminal Justice

28  Grant Program.

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

30  Children and Family Services Domestic Violence Trust Fund for

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


                                  28

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






    SB 716                                        Second Engrossed



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

  2  Enforcement Criminal Justice Standards and Training Trust

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

  4  and the Department of Children and Family Services Domestic

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

  6  investing such funds and any unencumbered funds remaining at

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

  8  trust fund.

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

10  Criminal Justice Standards and Training Trust Fund shall be

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

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

13  2001-184, Laws of Florida, and subsection (2) of section 7 of

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

15         Section 20.  Section 741.466, Florida Statutes, is

16  repealed.

17         Section 21.  Effective January 1, 2003, section

18  784.046, Florida Statutes, is amended to read:

19         784.046  Action by victim of repeat violence or dating

20  violence for protective injunction; powers and duties of court

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

22  hearing; temporary injunction; issuance; statewide

23  verification system; enforcement.--

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

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

26  battery, aggravated battery, sexual assault, sexual battery,

27  or stalking, aggravated stalking, kidnapping, or false

28  imprisonment, or any criminal offense resulting in physical

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

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

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


                                  29

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






    SB 716                                        Second Engrossed



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

  2  are directed against the petitioner or the petitioner's

  3  immediate family member.

  4         (c)  "Dating violence" means violence between

  5  individuals who have or have had a continuing and significant

  6  relationship of a romantic or intimate nature. The existence

  7  of such a relationship shall be determined based on the

  8  consideration of the following factors:

  9         1.  A dating relationship must have existed within the

10  past 6 months;

11         2.  The nature of the relationship must have been

12  characterized by the expectation of affection or sexual

13  involvement between the parties; and

14         3.  The frequency and type of interaction between the

15  persons involved in the relationship must have included that

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

17  basis during the course of the relationship.

18

19  The term does not include violence in a casual

20  acquaintanceship or violence between individuals who only have

21  engaged in ordinary fraternization in a business or social

22  context.

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

24  injunction for protection in cases of repeat violence and

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

26  for protection in cases of dating violence.

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

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

29  at home and who seeks an injunction for protection against

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

31


                                  30

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






    SB 716                                        Second Engrossed



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

  2  for protection against repeat violence.

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

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

  5  danger of becoming the victim of another act of dating

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

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

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

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

10  for protection against dating violence on behalf of that minor

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

12  petition for an injunction for protection against dating

13  violence.

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

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

16  of action is currently available or pending between the

17  parties.

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

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

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

21  this section, simplified forms, and clerical assistance for

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

23  who is not represented by counsel.

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

25  injunction pursuant to this section does not have sufficient

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

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

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

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

30  the extent necessary to process the petition and serve the

31


                                  31

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






    SB 716                                        Second Engrossed



  1  injunction, subject to a subsequent order of the court

  2  relative to the payment of such fees.

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

  4  entry of an injunction.

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

  6  petitioner with a certified copy of any injunction for

  7  protection against repeat violence or dating violence entered

  8  by the court.

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

10  of repeat violence or dating violence and shall include the

11  specific facts and circumstances which form the basis upon

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

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

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

15  evidence or affidavits from eyewitnesses of, the specific

16  facts and circumstances which form the basis upon which relief

17  is sought.

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

19  following form:

20

21              PETITION FOR INJUNCTION FOR PROTECTION

22            AGAINST REPEAT VIOLENCE OR DATING VIOLENCE

23

24         Before me, the undersigned authority, personally

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

26  that the following statements are true:

27

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

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

30

31


                                  32

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






    SB 716                                        Second Engrossed



  1         3.a.  Petitioner has suffered repeat violence as

  2  demonstrated by the fact that the respondent has:

  3  ...(enumerate incidents of violence)...

  4

  5                   ............................

  6                   ............................

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

  8

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

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

11  danger of becoming the victim of another act of dating

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

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

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

15  specific incident or incidents of violence and describe the

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

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

18  relationship of a romantic or intimate nature, the frequency

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

20  the relationship.)...

21

22                   ............................

23                   ............................

24                   ............................

25

26         4.  Petitioner genuinely fears repeat violence by the

27  respondent.

28         5.  Petitioner seeks:  an immediate injunction against

29  the respondent, enjoining him or her from committing any

30  further acts of repeat violence; an injunction enjoining the

31  respondent from committing any further acts of repeat


                                  33

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






    SB 716                                        Second Engrossed



  1  violence; and an injunction providing any terms the court

  2  deems necessary for the protection of the petitioner and the

  3  petitioner's immediate family, including any injunctions or

  4  directives to law enforcement agencies.

  5

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

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

  8  respondent shall be personally served with a copy of the

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

10  prior to the hearing.

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

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

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

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

15  relief as the court deems proper, including an injunction

16  enjoining the respondent from committing any acts of repeat

17  violence.

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

19  such temporary injunction, no evidence other than the verified

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

21  respondent appears at the hearing or has received reasonable

22  notice of the hearing.

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

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

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

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

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

28  parte injunction and the full hearing before or during a

29  hearing, for good cause shown by any party.

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

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


                                  34

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






    SB 716                                        Second Engrossed



  1         (a)  Enjoining the respondent from committing any acts

  2  of violence.

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

  4  necessary for the protection of the petitioner, including

  5  injunctions or directives to law enforcement agencies, as

  6  provided in this section.

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

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

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

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

11  remedies.

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

13  protection against repeat violence or dating violence entered

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

15         1.  The injunction is valid and enforceable in all

16  counties of the State of Florida.

17         2.  Law enforcement officers may use their arrest

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

19  injunction.

20         3.  The court had jurisdiction over the parties and

21  matter under the laws of Florida and that reasonable notice

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

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

24  right to due process.

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

26  temporary or final order, if obtainable.

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

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

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

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

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


                                  35

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






    SB 716                                        Second Engrossed



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

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

  3  sheriff such information on the respondent's physical

  4  description and location as is required by the department to

  5  comply with the verification procedures set forth in this

  6  section. Notwithstanding any other provision of law to the

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

  8  with the appropriate sheriff, may authorize a law enforcement

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

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

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

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

13  law enforcement officer as defined in chapter 943.

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

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

16  may order that an officer from the appropriate law enforcement

17  agency accompany the petitioner and assist in the execution or

18  service of the injunction. A law enforcement officer shall

19  accept a copy of an injunction for protection against repeat

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

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

22  respondent who has been located but not yet served.

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

24  Repeat Violence Injunction Statewide Verification System

25  within the Department of Law Enforcement. The department shall

26  establish, implement, and maintain a statewide communication

27  system capable of electronically transmitting information to

28  and between criminal justice agencies relating to domestic

29  violence injunctions, dating violence injunctions, and repeat

30  violence injunctions issued by the courts throughout the

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


                                  36

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






    SB 716                                        Second Engrossed



  1  information as to the existence and status of any injunction

  2  for verification purposes.

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

  4  injunction for protection against repeat violence or dating

  5  violence or changes or vacates an injunction for protection

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

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

  8  with jurisdiction over the residence of the petitioner.

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

10  injunction for protection against repeat violence or dating

11  violence upon a respondent, the law enforcement officer must

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

13  with jurisdiction over the residence of the petitioner.

14         3.  Within 24 hours after the sheriff receives a

15  certified copy of the injunction for protection against repeat

16  violence or dating violence, the sheriff must make information

17  relating to the injunction available to other law enforcement

18  agencies by electronically transmitting such information to

19  the department.

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

21  enforcement officer has made service upon the respondent and

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

23  information relating to the service available to other law

24  enforcement agencies by electronically transmitting such

25  information to the department.

26         5.  Within 24 hours after an injunction for protection

27  against repeat violence or dating violence is lifted,

28  terminated, or otherwise rendered no longer effective by

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

30  sheriff or local law enforcement agency receiving original

31  notification of the injunction as provided in subparagraph 2.


                                  37

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






    SB 716                                        Second Engrossed



  1  That agency shall, within 24 hours after receiving such

  2  notification from the clerk of the court, notify the

  3  department of such action of the court.

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

  5  criminal contempt proceeding, a violation of an injunction for

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

  7  with the injunction by imposing a monetary assessment.  The

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

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

10  collected pursuant to this paragraph to the State Treasury for

11  deposit in the Crimes Compensation Trust Fund established in

12  s. 960.21.

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

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

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

16  violence injunction for protection, the respondent shall be

17  held in custody until brought before the court as

18  expeditiously as possible for the purpose of enforcing the

19  injunction and for admittance to bail in accordance with

20  chapter 903 and the applicable rules of criminal procedure,

21  pending a hearing.

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

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

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

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

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

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

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

29  section.

30         Section 22.  Section 784.047, Florida Statutes, is

31  amended to read:


                                  38

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






    SB 716                                        Second Engrossed



  1         784.047  Penalties for violating protective injunction

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

  3  injunction for protection against repeat violence or dating

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

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

  6  741.315 by:

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

  8  share;

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

10  of employment, or a specified place frequented regularly by

11  the petitioner and any named family or household member;

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

13  violence against the petitioner;

14         (4)  Committing any other violation of the injunction

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

16  violence to the petitioner; or

17         (5)  Telephoning, contacting, or otherwise

18  communicating with the petitioner directly or indirectly,

19  unless the injunction specifically allows indirect contact

20  through a third party;

21

22  commits a misdemeanor of the first degree, punishable as

23  provided in s. 775.082 or s. 775.083.

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

25  Statutes, is amended to read:

26         784.048  Stalking; definitions; penalties.--

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

28  against repeat violence or dating violence pursuant to s.

29  784.046, or an injunction for protection against domestic

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

31  court-imposed prohibition of conduct toward the subject person


                                  39

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






    SB 716                                        Second Engrossed



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

  2  and repeatedly follows or harasses another person commits the

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

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

  5  775.084.

  6         Section 24.  Except as otherwise provided herein, this

  7  act shall take effect January 1, 2003.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  40

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