Senate Bill sb0294c1
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    Florida Senate - 2003                            CS for SB 294
    By the Committee on Judiciary; and Senator Crist
    308-1965-03
  1                      A bill to be entitled
  2         An act relating to protective injunctions;
  3         providing a short title; amending s. 784.046,
  4         F.S.; defining the term "sexual violence";
  5         providing for a cause of action for a
  6         protective injunction against sexual violence;
  7         providing for a petition to be filed when the
  8         sexual violence is reported to a law
  9         enforcement agency and the victim is
10         cooperating in any investigation or when the
11         respondent who was sentenced to imprisonment
12         for the sexual violence has been or will be
13         released; prohibiting the assessment of filing
14         fees for a petition for protection against
15         repeat violence, sexual violence, or dating
16         violence; providing for the Office of the State
17         Courts Administrator to reimburse the clerks of
18         the court for filing fees, subject to
19         legislative appropriation; conforming the
20         petition required for protection against dating
21         violence and repeat violence to include sexual
22         violence; specifying the period of effect for
23         an ex parte temporary injunction against a
24         respondent released from state prison;
25         providing requirements for serving an
26         injunction; amending ss. 61.1825, 741.2901,
27         741.30, 741.315, 784.047, 784.048, 790.06,
28         790.065, 901.15, and 943.05, F.S., relating to
29         family violence, investigations of injunctions,
30         statewide injunction verification system,
31         foreign protection orders, penalties for
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 1         violating a protective injunction, stalking,
 2         license to carry a concealed weapon, the sale
 3         and delivery of firearms, arrest without
 4         warrant, and the Criminal Justice Information
 5         Program; conforming provisions made by the act;
 6         reenacting ss. 61.1827(1), 741.31(4),
 7         775.084(1)(d), and 921.0022(3)(g), F.S.,
 8         relating to applicants and recipients of child
 9         support, violations of an injunction against
10         violence, and the Criminal Punishment Code, to
11         incorporate the amendments to ss. 61.1825,
12         741.2901, 741.30, 741.31, 741.315, 784.046, and
13         784.048, F.S., in references thereto; providing
14         an effective date.
15  
16  Be It Enacted by the Legislature of the State of Florida:
17  
18         Section 1.  This act may be cited as "The Victim's
19  Freedom Act."
20         Section 2.  Section 784.046, Florida Statutes, is
21  amended to read:
22         784.046  Action by victim of repeat violence, sexual
23  violence, or dating violence for protective injunction; powers
24  and duties of court and clerk of court; filing and form of
25  petition; notice and hearing; temporary injunction; issuance;
26  statewide verification system; enforcement.--
27         (1)  As used in this section, the term:
28         (a)  "Violence" means any assault, aggravated assault,
29  battery, aggravated battery, sexual assault, sexual battery,
30  stalking, aggravated stalking, kidnapping, or false
31  
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 1  imprisonment, or any criminal offense resulting in physical
 2  injury or death, by a person against any other person.
 3         (b)  "Repeat violence" means two incidents of violence
 4  or stalking committed by the respondent, one of which must
 5  have been within 6 months of the filing of the petition, which
 6  are directed against the petitioner or the petitioner's
 7  immediate family member.
 8         (c)  "Sexual violence" means any one incident of:
 9         1.  Sexual battery, as defined in chapter 794;
10         2.  A lewd or lascivious act, as defined in chapter
11  800, committed upon or in the presence of a person younger
12  than 16 years of age;
13         3.  Luring or enticing a child, as described in chapter
14  787;
15         4.  Sexual performance by a child, as described in
16  chapter 827; or
17         5.  Any other forcible felony wherein a sexual act is
18  committed or attempted,
19  
20  regardless of whether criminal charges based on the incident
21  were filed, reduced, or dismissed by the state attorney.
22         (d)(c)  "Dating violence" means violence between
23  individuals who have or have had a continuing and significant
24  relationship of a romantic or intimate nature. The existence
25  of such a relationship shall be determined based on the
26  consideration of the following factors:
27         1.  A dating relationship must have existed within the
28  past 6 months;
29         2.  The nature of the relationship must have been
30  characterized by the expectation of affection or sexual
31  involvement between the parties; and
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 1         3.  The frequency and type of interaction between the
 2  persons involved in the relationship must have included that
 3  the persons have been involved over time and on a continuous
 4  basis during the course of the relationship.
 5  
 6  The term does not include violence in a casual
 7  acquaintanceship or violence between individuals who only have
 8  engaged in ordinary fraternization in a business or social
 9  context.
10         (2)  There is created a separate cause of action for an
11  injunction for protection in each of the following cases of
12  repeat violence:, and there is created a separate cause of
13  action for an injunction for protection in cases of dating
14  violence.
15         (a)  Any person who is the victim of repeat violence or
16  the parent or legal guardian of any minor child who is living
17  at home and who seeks an injunction for protection against
18  repeat violence on behalf of the minor child has standing in
19  the circuit court to file a sworn petition for an injunction
20  for protection against repeat violence.
21         (b)  Any person who is the victim of dating violence
22  and has reasonable cause to believe he or she is in imminent
23  danger of becoming the victim of another act of dating
24  violence, or any person who has reasonable cause to believe he
25  or she is in imminent danger of becoming the victim of an act
26  of dating violence, or the parent or legal guardian of any
27  minor child who is living at home and who seeks an injunction
28  for protection against dating violence on behalf of that minor
29  child, has standing in the circuit court to file a sworn
30  petition for an injunction for protection against dating
31  violence.
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 1         (c)  A person who is the victim of sexual violence or
 2  the parent or legal guardian of a minor child who is living at
 3  home who is the victim of sexual violence has standing in the
 4  circuit court to file a sworn petition for an injunction for
 5  protection against sexual violence on his or her own behalf or
 6  on behalf of the minor child if:
 7         1.  The person has reported the sexual violence to a
 8  law enforcement agency and is cooperating in any criminal
 9  proceeding against the respondent, regardless of whether
10  criminal charges based on the sexual violence have been filed,
11  reduced, or dismissed by the state attorney; or
12         2.  The respondent who committed the sexual violence
13  against the victim or minor child was sentenced to a term of
14  imprisonment in state prison for the sexual violence and the
15  respondent's term of imprisonment has expired or is due to
16  expire within 90 days following the date the petition is
17  filed.
18  
19  (c)  A This cause of action for an injunction under this
20  section may be sought whether or not any other petition,
21  complaint, or cause of action is currently available or
22  pending between the parties. (d)  A This cause of action for
23  an injunction under this section does shall not require that
24  the petitioner be represented by an attorney.
25         (3)(a)  The clerk of the court shall provide a copy of
26  this section, simplified forms, and clerical assistance for
27  the preparation and filing of such a petition by any person
28  who is not represented by counsel.
29         (b)  Notwithstanding any other law, the clerk of the
30  court may not assess a fee for filing a petition for
31  protection against repeat violence, sexual violence, or dating
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 1  violence. However, subject to legislative appropriation, the
 2  clerk of the court may, each quarter, submit to the Office of
 3  the State Courts Administrator a certified request for
 4  reimbursement for petitions for protection issued by the court
 5  under this section at the rate of $40 per petition. The
 6  request for reimbursement shall be submitted in the form and
 7  manner prescribed by the Office of the State Courts
 8  Administrator. From this reimbursement, the clerk shall pay
 9  the law enforcement agency serving the injunction the fee
10  requested by the law enforcement agency; however, this fee may
11  not exceed $20. In the event the person desiring to file for
12  an injunction pursuant to this section does not have
13  sufficient funds with which to pay filing fees to the clerk of
14  the court or service fees to the sheriff or law enforcement
15  agency and signs an affidavit so stating, the fees shall be
16  waived by the clerk of the court or the sheriff or law
17  enforcement agency to the extent necessary to process the
18  petition and serve the injunction, subject to a subsequent
19  order of the court relative to the payment of such fees.
20         (c)  No bond shall be required by the court for the
21  entry of an injunction.
22         (d)  The clerk of the court shall provide the
23  petitioner with a certified copy of any injunction for
24  protection against repeat violence, sexual violence, or dating
25  violence entered by the court.
26         (4)(a)  The sworn petition shall allege the incidents
27  of repeat violence, sexual violence, or dating violence and
28  shall include the specific facts and circumstances that which
29  form the basis upon which relief is sought. With respect to a
30  minor child who is living at home, the parent or legal
31  guardian of the minor child must have been an eyewitness to,
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 1  or have direct physical evidence or affidavits from
 2  eyewitnesses of, the specific facts and circumstances which
 3  form the basis upon which relief is sought.
 4         (b)  The sworn petition must shall be in substantially
 5  the following form:
 6  
 7              PETITION FOR INJUNCTION FOR PROTECTION
 8   AGAINST REPEAT VIOLENCE, SEXUAL VIOLENCE, OR DATING VIOLENCE
 9  
10         Before me, the undersigned authority, personally
11  appeared Petitioner ...(Name)..., who has been sworn and says
12  that the following statements are true:
13  
14         1.  Petitioner resides at ...(address)...
15         2.  Respondent resides at ...(address)...
16         3.a.  (Check here if applicable) Petitioner has
17  suffered repeat violence as demonstrated by the fact that the
18  respondent has:
19                         ...(enumerate incidents of violence)...
20  
21                   ............................
22                   ............................
23                   ............................
24  
25  and petitioner genuinely fears repeat violence by the
26  respondent.
27  
28         b.  (Check here if applicable) Petitioner has suffered
29  sexual violence as demonstrated by the fact that the
30  respondent has:......(enumerate incident of violence and
31  
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 1  attach incident report by law enforcement agency or notice of
 2  inmate release)......
 3  
 4                   ............................
 5                   ............................
 6                   ............................
 7  
 8         b.  Check here if applicable) Petitioner is a victim of
 9  dating violence and has reasonable cause to believe that he or
10  she is in imminent danger of becoming the victim of another
11  act of dating violence or has reasonable cause to believe that
12  he or she is in imminent danger of becoming a victim of dating
13  violence, as demonstrated by the fact that the respondent has:
14  ...(list the specific incident or incidents of violence and
15  describe the length of time of the relationship, whether it
16  has been in existence during the last 6 months, the nature of
17  the relationship of a romantic or intimate nature, the
18  frequency and type of interaction, and any other facts that
19  characterize the relationship.)...
20  
21                   ............................
22                   ............................
23                   ............................
24  
25         4.  Petitioner genuinely fears repeat violence by the
26  respondent.
27         4.5.  Petitioner seeks: an immediate injunction against
28  the respondent, enjoining him or her from committing any
29  further acts of violence; an injunction enjoining the
30  respondent from committing any further acts of violence; and
31  an injunction providing any terms the court deems necessary
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 1  for the protection of the petitioner and the petitioner's
 2  immediate family, including any injunctions or directives to
 3  law enforcement agencies.
 4         (5)  Upon the filing of the petition, the court shall
 5  set a hearing to be held at the earliest possible time. The
 6  respondent shall be personally served with a copy of the
 7  petition, notice of hearing, and temporary injunction, if any,
 8  prior to the hearing.
 9         (6)(a)  When it appears to the court that an immediate
10  and present danger of violence exists, the court may grant a
11  temporary injunction which may be granted in an ex parte
12  hearing, pending a full hearing, and may grant such relief as
13  the court deems proper, including an injunction enjoining the
14  respondent from committing any acts of violence.
15         (b)  In a hearing ex parte for the purpose of obtaining
16  such temporary injunction, no evidence other than the verified
17  pleading or affidavit shall be used as evidence, unless the
18  respondent appears at the hearing or has received reasonable
19  notice of the hearing.
20         (c)  Any such ex parte temporary injunction shall be
21  effective for a fixed period not to exceed 15 days. However,
22  an ex parte temporary injunction granted under subparagraph
23  (2)(c)2. is effective for 15 days following the date the
24  respondent is released from state prison. A full hearing, as
25  provided by this section, shall be set for a date no later
26  than the date when the temporary injunction ceases to be
27  effective. The court may grant a continuance of the ex parte
28  injunction and the full hearing before or during a hearing,
29  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:
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 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, sexual violence, or dating
14  violence entered pursuant to this section shall, on its face,
15  indicate that:
16         1.  The injunction is valid and enforceable in all
17  counties of the State of Florida.
18         2.  Law enforcement officers may use their arrest
19  powers pursuant to s. 901.15(6) to enforce the terms of the
20  injunction.
21         3.  The court had jurisdiction over the parties and
22  matter under the laws of Florida and that reasonable notice
23  and opportunity to be heard was given to the person against
24  whom the order is sought sufficient to protect that person's
25  right to due process.
26         4.  The date that the respondent was served with the
27  temporary or final order, if obtainable.
28         (8)(a)1.  The clerk of the court shall furnish a copy
29  of the petition, notice of hearing, and temporary injunction,
30  if any, to the sheriff or a law enforcement agency of the
31  county where the respondent resides or can be found, who shall
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 1  serve it upon the respondent as soon thereafter as possible on
 2  any day of the week and at any time of the day or night. The
 3  clerk of the court shall be responsible for furnishing to the
 4  sheriff such information on the respondent's physical
 5  description and location as is required by the department to
 6  comply with the verification procedures set forth in this
 7  section. Notwithstanding any other provision of law to the
 8  contrary, the chief judge of each circuit, in consultation
 9  with the appropriate sheriff, may authorize a law enforcement
10  agency within the chief judge's jurisdiction to effect this
11  type of service and to receive a portion of the service fee.
12  No person shall be authorized or permitted to serve or execute
13  an injunction issued under this section unless the person is a
14  law enforcement officer as defined in chapter 943.
15         2.  If the respondent is in the custody of the
16  Department of Corrections and the petition for an injunction
17  has been filed as provided in subparagraph (2)(c)2., the clerk
18  of the court shall furnish a copy of the petition, notice of
19  hearing, and temporary injunction, if any, to the Department
20  of Corrections and copies shall be served upon the respondent
21  as soon thereafter as possible on any day of the week and at
22  any time of the day or night. The petition, notice of hearing,
23  or temporary injunction may be served in a state prison by a
24  correctional officer as defined in chapter 943. If the
25  respondent in custody is not served before his or her release,
26  a copy of the petition, notice of hearing, and temporary
27  injunction, if any, shall be forwarded to the sheriff of the
28  county specified in the respondent's release plan for service
29  as provided in subparagraph 1.
30         3.2.  When an injunction is issued, if the petitioner
31  requests the assistance of a law enforcement agency, the court
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 1  may order that an officer from the appropriate law enforcement
 2  agency accompany the petitioner and assist in the execution or
 3  service of the injunction. A law enforcement officer shall
 4  accept a copy of an injunction for protection against repeat
 5  violence, sexual violence, or dating violence, certified by
 6  the clerk of the court, from the petitioner and immediately
 7  serve it upon a respondent who has been located but not yet
 8  served.
 9         (b)  There shall be created a Domestic, Dating, and
10  Repeat Violence Injunction Statewide Verification System
11  within the Department of Law Enforcement. The department shall
12  establish, implement, and maintain a statewide communication
13  system capable of electronically transmitting information to
14  and between criminal justice agencies relating to domestic
15  violence injunctions, dating violence injunctions, sexual
16  violence injunctions, and repeat violence injunctions issued
17  by the courts throughout the state. Such information must
18  include, but is not limited to, information as to the
19  existence and status of any injunction for verification
20  purposes.
21         (c)1.  Within 24 hours after the court issues, changes,
22  or vacates an injunction for protection against repeat
23  violence, sexual violence, or dating violence or changes or
24  vacates an injunction for protection against repeat violence
25  or dating violence, the clerk of the court must forward a copy
26  of the injunction to the sheriff with jurisdiction over the
27  residence of the petitioner.
28         2.  Within 24 hours after service of process of an
29  injunction for protection against repeat violence, sexual
30  violence, or dating violence upon a respondent, the law
31  enforcement officer must forward the written proof of service
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 1  of process to the sheriff with jurisdiction over the residence
 2  of the petitioner.
 3         3.  Within 24 hours after the sheriff receives a
 4  certified copy of the injunction for protection against repeat
 5  violence, sexual violence, or dating violence, the sheriff
 6  must make information relating to the injunction available to
 7  other law enforcement agencies by electronically transmitting
 8  such information to the department.
 9         4.  Within 24 hours after the sheriff or other law
10  enforcement officer has made service upon the respondent and
11  the sheriff has been so notified, the sheriff must make
12  information relating to the service available to other law
13  enforcement agencies by electronically transmitting such
14  information to the department.
15         5.  Within 24 hours after an injunction for protection
16  against repeat violence, sexual violence, or dating violence
17  is lifted, terminated, or otherwise rendered no longer
18  effective by ruling of the court, the clerk of the court must
19  notify the sheriff or local law enforcement agency receiving
20  original notification of the injunction as provided in
21  subparagraph 2. That agency shall, within 24 hours after
22  receiving such notification from the clerk of the court,
23  notify the department of such action of the court.
24         (9)(a)  The court shall enforce, through a civil or
25  criminal contempt proceeding, a violation of an injunction for
26  protection. The court may enforce the respondent's compliance
27  with the injunction by imposing a monetary assessment. The
28  clerk of the court shall collect and receive such assessments.
29  On a monthly basis, the clerk shall transfer the moneys
30  collected pursuant to this paragraph to the State Treasury for
31  
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 1  deposit in the Crimes Compensation Trust Fund established in
 2  s. 960.21.
 3         (b)  If the respondent is arrested by a law enforcement
 4  officer under s. 901.15(10) for committing an act of repeat
 5  violence, sexual violence, or dating violence in violation of
 6  an a repeat or dating violence injunction for protection, the
 7  respondent shall be held in custody until brought before the
 8  court as expeditiously as possible for the purpose of
 9  enforcing the injunction and for admittance to bail in
10  accordance with chapter 903 and the applicable rules of
11  criminal procedure, pending a hearing.
12         (10)  The petitioner or the respondent may move the
13  court to modify or dissolve an injunction at any time.
14         (11)  A law enforcement officer acting in good faith
15  under this section and the officer's employing agency shall be
16  immune from all liability, civil or criminal, that might
17  otherwise be incurred or imposed by reason of the officer's or
18  agency's actions in carrying out the provisions of this
19  section.
20         Section 3.  Subsection (3) of section 61.1825, Florida
21  Statutes, is amended to read:
22         61.1825  State Case Registry.--
23         (3)(a)  For the purpose of this section, a family
24  violence indicator must be placed on a record when:
25         1.  A party executes a sworn statement requesting that
26  a family violence indicator be placed on that party's record
27  which states that the party has reason to believe that release
28  of information to the Federal Case Registry may result in
29  physical or emotional harm to the party or the child; or
30         2.  A temporary or final injunction for protection
31  against domestic violence, repeat violence, dating violence,
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 1  or sexual violence, or a foreign protection order accorded
 2  full faith and credit under s. 741.315, has been granted
 3  pursuant to s. 741.30(6), an injunction for protection against
 4  domestic violence has been issued by a court of a foreign
 5  state pursuant to s. 741.315, or a temporary or final
 6  injunction for protection against repeat violence has been
 7  granted pursuant to s. 784.046; or
 8         3.  The department has received information on a Title
 9  IV-D case from the Domestic Violence and Repeat Violence
10  Injunction Statewide Verification System, established pursuant
11  to s. 784.046(8)(b), that a court has granted a party a
12  domestic violence, or repeat violence, dating violence, or
13  sexual violence injunction.
14         (b)  Before the family violence indicator can be
15  removed from a record, the protected person must be afforded
16  notice and an opportunity to appear before the court on the
17  issue of whether the disclosure will result in harm.
18         Section 4.  For purposes of incorporating the
19  amendments by this act to sections 741.30, 741.31, and
20  784.046, Florida Statutes, subsection (1) of section 61.1827,
21  Florida Statutes, is reenacted to read:
22         61.1827  Identifying information concerning applicants
23  for and recipients of child support services.--
24         (1)  Any information that reveals the identity of
25  applicants for or recipients of child support services,
26  including the name, address, and telephone number of such
27  persons, in the possession of a non-Title IV-D county child
28  support enforcement agency is confidential and exempt from
29  public disclosure pursuant to s. 119.07(1) and s. 24(a) of
30  Art. I of the State Constitution. The use or disclosure of
31  such information by the non-Title IV-D county child support
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 1  enforcement agency is limited to the purposes directly
 2  connected with:
 3         (a)  Any investigation, prosecution, or criminal or
 4  civil proceeding connected with the administration of any
 5  non-Title IV-D county child support enforcement program;
 6         (b)  Mandatory disclosure of identifying and location
 7  information as provided in s. 61.13(9) by the non-Title IV-D
 8  county child support enforcement agency when providing
 9  non-Title IV-D services; or
10         (c)  Mandatory disclosure of information as required by
11  ss. 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of
12  the Social Security Act.
13         (d)  Disclosure to an authorized person, as defined in
14  45 C.F.R. s. 303.15, for purposes of enforcing any state or
15  federal law with respect to the unlawful taking or restraint
16  of a child or making or enforcing a child custody or
17  visitation determination. As used in this paragraph, the term
18  "authorized person" includes a noncustodial parent, unless a
19  court has entered an order under s. 741.30, s. 741.31, or s.
20  784.046.
21         Section 5.  Subsection (3) of section 741.2901, Florida
22  Statutes, is amended to read:
23         741.2901  Domestic violence cases; prosecutors;
24  legislative intent; investigation; duty of circuits; first
25  appearance.--
26         (3)  Prior to a defendant's first appearance in any
27  charge of domestic violence as defined in s. 741.28, the State
28  Attorney's Office shall perform a thorough investigation of
29  the defendant's history, including, but not limited to: prior
30  arrests for domestic violence, prior arrests for nondomestic
31  charges, prior injunctions for protection against domestic
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 1  violence, and repeat violence, dating violence, and sexual
 2  violence filed listing the defendant as respondent and noting
 3  history of other victims, and prior walk-in domestic
 4  complaints filed against the defendant. This information shall
 5  be presented at first appearance, when setting bond, and when
 6  passing sentence, for consideration by the court.  When a
 7  defendant is arrested for an act of domestic violence, the
 8  defendant shall be held in custody until brought before the
 9  court for admittance to bail in accordance with chapter 903.
10  In determining bail, the court shall consider the safety of
11  the victim, the victim's children, and any other person who
12  may be in danger if the defendant is released.
13         Section 6.  Subsection (8) of section 741.30, Florida
14  Statutes, is amended to read:
15         741.30  Domestic violence; injunction; powers and
16  duties of court and clerk; petition; notice and hearing;
17  temporary injunction; issuance of injunction; statewide
18  verification system; enforcement.--
19         (8)(a)1.  The clerk of the court shall furnish a copy
20  of the petition, financial affidavit, uniform child custody
21  jurisdiction and enforcement act affidavit, if any, notice of
22  hearing, and temporary injunction, if any, to the sheriff or a
23  law enforcement agency of the county where the respondent
24  resides or can be found, who shall serve it upon the
25  respondent as soon thereafter as possible on any day of the
26  week and at any time of the day or night. The clerk of the
27  court shall be responsible for furnishing to the sheriff such
28  information on the respondent's physical description and
29  location as is required by the department to comply with the
30  verification procedures set forth in this section.
31  Notwithstanding any other provision of law to the contrary,
                                  17
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 1  the chief judge of each circuit, in consultation with the
 2  appropriate sheriff, may authorize a law enforcement agency
 3  within the jurisdiction to effect service. A law enforcement
 4  agency serving injunctions pursuant to this section shall use
 5  service and verification procedures consistent with those of
 6  the sheriff.
 7         2.  When an injunction is issued, if the petitioner
 8  requests the assistance of a law enforcement agency, the court
 9  may order that an officer from the appropriate law enforcement
10  agency accompany the petitioner and assist in placing the
11  petitioner in possession of the dwelling or residence, or
12  otherwise assist in the execution or service of the
13  injunction. A law enforcement officer shall accept a copy of
14  an injunction for protection against domestic violence,
15  certified by the clerk of the court, from the petitioner and
16  immediately serve it upon a respondent who has been located
17  but not yet served.
18         3.  All orders issued, changed, continued, extended, or
19  vacated subsequent to the original service of documents
20  enumerated under subparagraph 1., shall be certified by the
21  clerk of the court and delivered to the parties at the time of
22  the entry of the order.  The parties may acknowledge receipt
23  of such order in writing on the face of the original order.
24  In the event a party fails or refuses to acknowledge the
25  receipt of a certified copy of an order, the clerk shall note
26  on the original order that service was effected.  If delivery
27  at the hearing is not possible, the clerk shall mail certified
28  copies of the order to the parties at the last known address
29  of each party.  Service by mail is complete upon mailing.
30  When an order is served pursuant to this subsection, the clerk
31  shall prepare a written certification to be placed in the
                                  18
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 1  court file specifying the time, date, and method of service
 2  and shall notify the sheriff.
 3  
 4  If the respondent has been served previously with the
 5  temporary injunction and has failed to appear at the initial
 6  hearing on the temporary injunction, any subsequent petition
 7  for injunction seeking an extension of time may be served on
 8  the respondent by the clerk of the court by certified mail in
 9  lieu of personal service by a law enforcement officer.
10         (b)  There shall be created a Domestic and Repeat
11  Violence Injunction Statewide Verification System within the
12  Department of Law Enforcement. The department shall establish,
13  implement, and maintain a statewide communication system
14  capable of electronically transmitting information to and
15  between criminal justice agencies relating to domestic
16  violence injunctions, and repeat violence injunctions, dating
17  violence injunctions, and sexual violence injunctions issued
18  by the courts throughout the state. Such information must
19  include, but is not limited to, information as to the
20  existence and status of any injunction for verification
21  purposes.
22         (c)1.  Within 24 hours after the court issues an
23  injunction for protection against domestic violence or
24  changes, continues, extends, or vacates an injunction for
25  protection against domestic violence, the clerk of the court
26  must forward a certified copy of the injunction for service to
27  the sheriff with jurisdiction over the residence of the
28  petitioner. The injunction must be served in accordance with
29  this subsection.
30         2.  Within 24 hours after service of process of an
31  injunction for protection against domestic violence upon a
                                  19
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 1  respondent, the law enforcement officer must forward the
 2  written proof of service of process to the sheriff with
 3  jurisdiction over the residence of the petitioner.
 4         3.  Within 24 hours after the sheriff receives a
 5  certified copy of the injunction for protection against
 6  domestic violence, the sheriff must make information relating
 7  to the injunction available to other law enforcement agencies
 8  by electronically transmitting such information to the
 9  department.
10         4.  Within 24 hours after the sheriff or other law
11  enforcement officer has made service upon the respondent and
12  the sheriff has been so notified, the sheriff must make
13  information relating to the service available to other law
14  enforcement agencies by electronically transmitting such
15  information to the department.
16         5.  Within 24 hours after an injunction for protection
17  against domestic violence is vacated, terminated, or otherwise
18  rendered no longer effective by ruling of the court, the clerk
19  of the court must notify the sheriff receiving original
20  notification of the injunction as provided in subparagraph 2.
21  That agency shall, within 24 hours after receiving such
22  notification from the clerk of the court, notify the
23  department of such action of the court.
24         Section 7.  For purposes of incorporating the
25  amendments made by this act to section 741.315, Florida
26  Statutes, subsection (4) of section 741.31, Florida Statutes,
27  is reenacted to read:
28         741.31  Violation of an injunction for protection
29  against domestic violence.--
30         (4)(a)  A person who willfully violates an injunction
31  for protection against domestic violence issued pursuant to s.
                                  20
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 1  741.30, or a foreign protection order accorded full faith and
 2  credit pursuant to s. 741.315, by:
 3         1.  Refusing to vacate the dwelling that the parties
 4  share;
 5         2.  Going to, or being within 500 feet of, the
 6  petitioner's residence, school, place of employment, or a
 7  specified place frequented regularly by the petitioner and any
 8  named family or household member;
 9         3.  Committing an act of domestic violence against the
10  petitioner;
11         4.  Committing any other violation of the injunction
12  through an intentional unlawful threat, word, or act to do
13  violence to the petitioner;
14         5.  Telephoning, contacting, or otherwise communicating
15  with the petitioner directly or indirectly, unless the
16  injunction specifically allows indirect contact through a
17  third party;
18         6.  Knowingly and intentionally coming within 100 feet
19  of the petitioner's motor vehicle, whether or not that vehicle
20  is occupied;
21         7.  Defacing or destroying the petitioner's personal
22  property, including the petitioner's motor vehicle; or
23         8.  Refusing to surrender firearms or ammunition if
24  ordered to do so by the court
25  
26  commits a misdemeanor of the first degree, punishable as
27  provided in s. 775.082 or s. 775.083.
28         (b)1.  It is a violation of s. 790.233, and a
29  misdemeanor of the first degree, punishable as provided in s.
30  775.082 or s. 775.083, for a person to violate a final
31  injunction for protection against domestic violence by having
                                  21
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 1  in his or her care, custody, possession, or control any
 2  firearm or ammunition.
 3         2.  It is the intent of the Legislature that the
 4  disabilities regarding possession of firearms and ammunition
 5  are consistent with federal law.  Accordingly, this paragraph
 6  shall not apply to a state or local officer as defined in s.
 7  943.10(14), holding an active certification, who receives or
 8  possesses a firearm or ammunition for use in performing
 9  official duties on behalf of the officer's employing agency,
10  unless otherwise prohibited by the employing agency.
11         Section 8.  Subsection (2) of section 741.315, Florida
12  Statutes, is amended to read:
13         741.315  Recognition of foreign protection orders.--
14         (2)  Pursuant to 18 U.S.C. s. 2265, an injunction for
15  protection against domestic violence issued by a court of a
16  foreign state must be accorded full faith and credit by the
17  courts of this state and enforced by a law enforcement agency
18  as if it were the order of a Florida court issued under s.
19  741.30, s. 741.31, s. 784.046, or s. 784.047 and provided that
20  the court had jurisdiction over the parties and the matter and
21  that reasonable notice and opportunity to be heard was given
22  to the person against whom the order is sought sufficient to
23  protect that person's right to due process. Ex parte foreign
24  injunctions for protection are not eligible for enforcement
25  under this section unless notice and opportunity to be heard
26  have been provided within the time required by the foreign
27  state or tribal law, and in any event within a reasonable time
28  after the order is issued, sufficient to protect the
29  respondent's due process rights.
30         Section 9.  For purposes of incorporating the
31  amendments made by this act to section 784.048, Florida
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 1  Statutes, in references thereto, paragraph (d) of subsection
 2  (1) of section 775.084, Florida Statutes, is reenacted to
 3  read:
 4         775.084  Violent career criminals; habitual felony
 5  offenders and habitual violent felony offenders; three-time
 6  violent felony offenders; definitions; procedure; enhanced
 7  penalties or mandatory minimum prison terms.--
 8         (1)  As used in this act:
 9         (d)  "Violent career criminal" means a defendant for
10  whom the court must impose imprisonment pursuant to paragraph
11  (4)(d), if it finds that:
12         1.  The defendant has previously been convicted as an
13  adult three or more times for an offense in this state or
14  other qualified offense that is:
15         a.  Any forcible felony, as described in s. 776.08;
16         b.  Aggravated stalking, as described in s. 784.048(3)
17  and (4);
18         c.  Aggravated child abuse, as described in s.
19  827.03(2);
20         d.  Aggravated abuse of an elderly person or disabled
21  adult, as described in s. 825.102(2);
22         e.  Lewd or lascivious battery, lewd or lascivious
23  molestation, lewd or lascivious conduct, or lewd or lascivious
24  exhibition, as described in s. 800.04;
25         f.  Escape, as described in s. 944.40; or
26         g.  A felony violation of chapter 790 involving the use
27  or possession of a firearm.
28         2.  The defendant has been incarcerated in a state
29  prison or a federal prison.
30  
31  
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 1         3.  The primary felony offense for which the defendant
 2  is to be sentenced is a felony enumerated in subparagraph 1.
 3  and was committed on or after October 1, 1995, and:
 4         a.  While the defendant was serving a prison sentence
 5  or other sentence, or court-ordered or lawfully imposed
 6  supervision that is imposed as a result of a prior conviction
 7  for an enumerated felony; or
 8         b.  Within 5 years after the conviction of the last
 9  prior enumerated felony, or within 5 years after the
10  defendant's release from a prison sentence, probation,
11  community control, control release, conditional release,
12  parole, or court-ordered or lawfully imposed supervision or
13  other sentence that is imposed as a result of a prior
14  conviction for an enumerated felony, whichever is later.
15         4.  The defendant has not received a pardon for any
16  felony or other qualified offense that is necessary for the
17  operation of this paragraph.
18         5.  A conviction of a felony or other qualified offense
19  necessary to the operation of this paragraph has not been set
20  aside in any postconviction proceeding.
21         Section 10.  Section 784.047, Florida Statutes, is
22  amended to read:
23         784.047  Penalties for violating protective injunction
24  against violators.--A person who willfully violates an
25  injunction for protection against repeat violence, or dating
26  violence, or sexual violence issued pursuant to s. 784.046, or
27  a foreign protection order accorded full faith and credit
28  pursuant to s. 741.315 by:
29         (1)  Refusing to vacate the dwelling that the parties
30  share;
31  
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 1         (2)  Going to the petitioner's residence, school, place
 2  of employment, or a specified place frequented regularly by
 3  the petitioner and any named family or household member;
 4         (3)  Committing an act of repeat violence, or dating
 5  violence, or sexual violence against the petitioner;
 6         (4)  Committing any other violation of the injunction
 7  through an intentional unlawful threat, word, or act to do
 8  violence to the petitioner; or
 9         (5)  Telephoning, contacting, or otherwise
10  communicating with the petitioner directly or indirectly,
11  unless the injunction specifically allows indirect contact
12  through a third party;
13  
14  commits a misdemeanor of the first degree, punishable as
15  provided in s. 775.082 or s. 775.083.
16         Section 11.  Subsection (4) of section 784.048, Florida
17  Statutes, is amended to read:
18         784.048  Stalking; definitions; penalties.--
19         (4)  Any person who, after an injunction for protection
20  against repeat violence or dating violence pursuant to s.
21  784.046, or an injunction for protection against domestic
22  violence pursuant to s. 741.30, or after any other
23  court-imposed prohibition of conduct toward the subject person
24  or that person's property, knowingly, willfully, maliciously,
25  and repeatedly follows or harasses another person after the
26  entry of an injunction for protection against domestic
27  violence, repeat violence, dating violence, or sexual
28  violence, a foreign protection order accorded full faith and
29  credit under s. 741.315, or any other court-imposed
30  prohibition of conduct toward the subject person or that
31  person's property, commits the offense of aggravated stalking,
                                  25
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 1  a felony of the third degree, punishable as provided in s.
 2  775.082, s. 775.083, or s. 775.084.
 3         Section 12.  Subsections (2), (3), and (13) of section
 4  790.06, Florida Statutes, is amended to read:
 5         790.06  License to carry concealed weapon or firearm.--
 6         (2)  The Department of Agriculture and Consumer
 7  Services shall issue a license if the applicant:
 8         (a)  Is a resident of the United States or is a
 9  consular security official of a foreign government that
10  maintains diplomatic relations and treaties of commerce,
11  friendship, and navigation with the United States and is
12  certified as such by the foreign government and by the
13  appropriate embassy in this country;
14         (b)  Is 21 years of age or older;
15         (c)  Does not suffer from a physical infirmity which
16  prevents the safe handling of a weapon or firearm;
17         (d)  Is not ineligible to possess a firearm pursuant to
18  s. 790.23 by virtue of having been convicted of a felony;
19         (e)  Has not been committed for the abuse of a
20  controlled substance or been found guilty of a crime under the
21  provisions of chapter 893 or similar laws of any other state
22  relating to controlled substances within a 3-year period
23  immediately preceding the date on which the application is
24  submitted;
25         (f)  Does not chronically and habitually use alcoholic
26  beverages or other substances to the extent that his or her
27  normal faculties are impaired. It shall be presumed that an
28  applicant chronically and habitually uses alcoholic beverages
29  or other substances to the extent that his or her normal
30  faculties are impaired if the applicant has been committed
31  under chapter 397 or under the provisions of former chapter
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 1  396 or has been convicted under s. 790.151 or has been deemed
 2  a habitual offender under s. 856.011(3), or has had two or
 3  more convictions under s. 316.193 or similar laws of any other
 4  state, within the 3-year period immediately preceding the date
 5  on which the application is submitted;
 6         (g)  Desires a legal means to carry a concealed weapon
 7  or firearm for lawful self-defense;
 8         (h)  Demonstrates competence with a firearm by any one
 9  of the following:
10         1.  Completion of any hunter education or hunter safety
11  course approved by the Fish and Wildlife Conservation
12  Commission or a similar agency of another state;
13         2.  Completion of any National Rifle Association
14  firearms safety or training course;
15         3.  Completion of any firearms safety or training
16  course or class available to the general public offered by a
17  law enforcement, junior college, college, or private or public
18  institution or organization or firearms training school,
19  utilizing instructors certified by the National Rifle
20  Association, Criminal Justice Standards and Training
21  Commission, or the Department of Agriculture and Consumer
22  Services State;
23         4.  Completion of any law enforcement firearms safety
24  or training course or class offered for security guards,
25  investigators, special deputies, or any division or
26  subdivision of law enforcement or security enforcement;
27         5.  Presents evidence of equivalent experience with a
28  firearm through participation in organized shooting
29  competition or military service;
30  
31  
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 1         6.  Is licensed or has been licensed to carry a firearm
 2  in this state or a county or municipality of this state,
 3  unless such license has been revoked for cause; or
 4         7.  Completion of any firearms training or safety
 5  course or class conducted by a state-certified or National
 6  Rifle Association certified firearms instructor;
 7  
 8  A photocopy of a certificate of completion of any of the
 9  courses or classes; or an affidavit from the instructor,
10  school, club, organization, or group that conducted or taught
11  said course or class attesting to the completion of the course
12  or class by the applicant; or a copy of any document which
13  shows completion of the course or class or evidences
14  participation in firearms competition shall constitute
15  evidence of qualification under this paragraph; any person who
16  conducts a course pursuant to subparagraph 2., subparagraph
17  3., or subparagraph 7., or who, as an instructor, attests to
18  the completion of such courses, must maintain records
19  certifying that he or she observed the student safely handle
20  and discharge the firearm;
21         (i)  Has not been adjudicated an incapacitated person
22  under s. 744.331, or similar laws of any other state, unless 5
23  years have elapsed since the applicant's restoration to
24  capacity by court order;
25         (j)  Has not been committed to a mental institution
26  under chapter 394, or similar laws of any other state, unless
27  the applicant produces a certificate from a licensed
28  psychiatrist that he or she has not suffered from disability
29  for at least 5 years prior to the date of submission of the
30  application;
31  
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 1         (k)  Has not had adjudication of guilt withheld or
 2  imposition of sentence suspended on any felony or misdemeanor
 3  crime of domestic violence unless 3 years have elapsed since
 4  probation or any other conditions set by the court have been
 5  fulfilled, or the record has been sealed or expunged;
 6         (l)  Has not been issued an injunction that is
 7  currently in force and effect and that restrains the applicant
 8  from committing acts of domestic violence, or acts of repeat
 9  violence, dating violence, or sexual violence; and
10         (m)  Is not prohibited from purchasing or possessing a
11  firearm by any other provision of Florida or federal law.
12         (3)  The Department of Agriculture and Consumer
13  Services shall deny a license if the applicant has been found
14  guilty of, had adjudication of guilt withheld for, or had
15  imposition of sentence suspended for one or more crimes of
16  violence constituting a misdemeanor, unless 3 years have
17  elapsed since probation or any other conditions set by the
18  court have been fulfilled or the record has been sealed or
19  expunged. The Department of Agriculture and Consumer Services
20  shall revoke a license if the licensee has been found guilty
21  of, had adjudication of guilt withheld for, or had imposition
22  of sentence suspended for one or more crimes of violence
23  within the preceding 3 years. The department shall, upon
24  notification by a law enforcement agency, a court, or the
25  Florida Department of Law Enforcement and subsequent written
26  verification, suspend a license or the processing of an
27  application for a license if the licensee or applicant is
28  arrested or formally charged with a crime that would
29  disqualify such person from having a license under this
30  section, until final disposition of the case. The department
31  shall suspend a license or the processing of an application
                                  29
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 1  for a license if the licensee or applicant is issued an
 2  injunction that restrains the licensee or applicant from
 3  committing acts of domestic violence, or acts of repeat
 4  violence, dating violence, or sexual violence.
 5         (13)  All moneys collected by the department pursuant
 6  to this section shall be deposited in the Division of
 7  Licensing Trust Fund, and the Legislature shall appropriate
 8  from the fund those amounts deemed necessary to administer the
 9  provisions of this section. All revenues collected, less those
10  costs determined by the Department of Agriculture and Consumer
11  Services to be nonrecurring or one-time costs, shall be
12  deferred over the 5-year 3-year licensure period.
13  Notwithstanding the provisions of s. 493.6117, all moneys
14  collected pursuant to this section shall not revert to the
15  General Revenue Fund; however, this shall not abrogate the
16  requirement for payment of the service charge imposed pursuant
17  to chapter 215.
18         Section 13.  Section 790.065, Florida Statutes, is
19  amended to read:
20         790.065  Sale and delivery of firearms.--
21         (1)  A licensed importer, licensed manufacturer, or
22  licensed dealer may not sell or deliver from her or his
23  inventory at her or his licensed premises any firearm to
24  another person, other than a licensed importer, licensed
25  manufacturer, licensed dealer, or licensed collector, until
26  she or he has:
27         (a)  Obtained a completed form from the potential buyer
28  or transferee, which form shall have been promulgated by the
29  Department of Law Enforcement and provided by the licensed
30  importer, licensed manufacturer, or licensed dealer, which
31  shall include the name, date of birth, gender, race, and
                                  30
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 1  social security number or other identification number of such
 2  potential buyer or transferee and has inspected proper
 3  identification including an identification containing a
 4  photograph of the potential buyer or transferee.
 5         (b)  Collected a fee from the potential buyer for
 6  processing the criminal history check of the potential buyer.
 7  The fee shall be established by the Department of Law
 8  Enforcement and may not exceed $8 per transaction. The
 9  Department of Law Enforcement may reduce, or suspend
10  collection of, the fee to reflect payment received from the
11  Federal Government applied to the cost of maintaining the
12  criminal history check system established by this section as a
13  means of facilitating or supplementing the National Instant
14  Criminal Background Check System. The Department of Law
15  Enforcement shall, by rule, establish procedures for the fees
16  to be transmitted by the licensee to the Department of Law
17  Enforcement. All such fees shall be deposited into the
18  Department of Law Enforcement Operating Trust Fund, but shall
19  be segregated from all other funds deposited into such trust
20  fund and must be accounted for separately.  Such segregated
21  funds must not be used for any purpose other than the
22  operation of the criminal history checks required by this
23  section. The Department of Law Enforcement, each year prior to
24  February 1, shall make a full accounting of all receipts and
25  expenditures of such funds to the President of the Senate, the
26  Speaker of the House of Representatives, the majority and
27  minority leaders of each house of the Legislature, and the
28  chairs of the appropriations committees of each house of the
29  Legislature.  In the event that the cumulative amount of funds
30  collected exceeds the cumulative amount of expenditures by
31  more than $2.5 million, excess funds may be used for the
                                  31
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 1  purpose of purchasing soft body armor for law enforcement
 2  officers.
 3         (c)  Requested, by means of a toll-free telephone call,
 4  the Department of Law Enforcement to conduct a check of the
 5  information as reported and reflected in the Florida Crime
 6  Information Center and National Crime Information Center
 7  systems as of the date of the request.
 8         (d)  Received a unique approval number for that inquiry
 9  from the Department of Law Enforcement, and recorded the date
10  and such number on the consent form.
11  
12  However, if the person purchasing, or receiving delivery of,
13  the firearm is a holder of a valid concealed weapons or
14  firearms license pursuant to the provisions of s. 790.06 or
15  holds an active certification from the Criminal Justice
16  Standards and Training Commission as a "law enforcement
17  officer," a "correctional officer," or a "correctional
18  probation officer" as defined in s. 943.10(1), (2), (3), (6),
19  (7), (8), or (9), the provisions of this subsection do not
20  apply.
21         (2)  Upon receipt of a request for a criminal history
22  record check, the Department of Law Enforcement shall, during
23  the licensee's call or by return call, forthwith:
24         (a)  Review criminal history records to determine if
25  the potential buyer or transferee:
26         1.  Has been convicted of a felony and is prohibited
27  from receipt or possession of a firearm pursuant to s. 790.23;
28         2.  Has been convicted of a misdemeanor crime of
29  domestic violence, and therefore is prohibited from purchasing
30  a firearm; or
31  
                                  32
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 1         3.  Has had adjudication of guilt withheld or
 2  imposition of sentence suspended on any felony or misdemeanor
 3  crime of domestic violence, repeat violence, dating violence,
 4  or sexual violence unless 3 years have elapsed since probation
 5  or any other conditions set by the court have been fulfilled
 6  or expunction has occurred.
 7         (b)  Inform the licensee making the inquiry either that
 8  records demonstrate that the buyer or transferee is so
 9  prohibited and provide the licensee a nonapproval number, or
10  provide the licensee with a unique approval number.
11         (c)1.  Review any records available to it to determine
12  whether the potential buyer or transferee has been indicted or
13  has had an information filed against her or him for an offense
14  that is a felony under either state or federal law, or, as
15  mandated by federal law, has had an injunction for protection
16  against domestic violence, repeat violence, dating violence,
17  or sexual violence entered against the potential buyer or
18  transferee under s. 741.30, has had an injunction for
19  protection against repeat violence entered against the
20  potential buyer or transferee under s. 784.046, or has been
21  arrested for a dangerous crime as specified in s.
22  907.041(4)(a) or for any of the following enumerated offenses:
23         a.  Criminal anarchy under ss. 876.01 and 876.02.
24         b.  Extortion under s. 836.05.
25         c.  Explosives violations under s. 552.22(1) and (2).
26         d.  Controlled substances violations under chapter 893.
27         e.  Resisting an officer with violence under s. 843.01.
28         f.  Weapons and firearms violations under this chapter.
29         g.  Treason under s. 876.32.
30         h.  Assisting self-murder under s. 782.08.
31         i.  Sabotage under s. 876.38.
                                  33
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 1         j.  Stalking or aggravated stalking under s. 784.048.
 2  
 3  If the review indicates any such indictment, information, or
 4  arrest, the department shall provide to the licensee a
 5  conditional nonapproval number.
 6         2.  Within 24 working hours, the department shall
 7  determine the disposition of the indictment, information, or
 8  arrest and inform the licensee as to whether the potential
 9  buyer is prohibited from receiving or possessing a firearm.
10  For purposes of this paragraph, "working hours" means the
11  hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
12  legal holidays.
13         3.  The office of the clerk of court, at no charge to
14  the department, shall respond to any department request for
15  data on the disposition of the indictment, information, or
16  arrest as soon as possible, but in no event later than 8
17  working hours.
18         4.  The department shall determine as quickly as
19  possible within the allotted time period whether the potential
20  buyer is prohibited from receiving or possessing a firearm.
21         5.  If the potential buyer is not so prohibited, or if
22  the department cannot determine the disposition information
23  within the allotted time period, the department shall provide
24  the licensee with a conditional approval number.
25         6.  If the buyer is so prohibited, the conditional
26  nonapproval number shall become a nonapproval number.
27         7.  The department shall continue its attempts to
28  obtain the disposition information and may retain a record of
29  all approval numbers granted without sufficient disposition
30  information.  If the department later obtains disposition
31  information which indicates:
                                  34
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 1         a.  That the potential buyer is not prohibited from
 2  owning a firearm, it shall treat the record of the transaction
 3  in accordance with this section; or
 4         b.  That the potential buyer is prohibited from owning
 5  a firearm, it shall immediately revoke the conditional
 6  approval number and notify local law enforcement.
 7         8.  During the time that disposition of the indictment,
 8  information, or arrest is pending and until the department is
 9  notified by the potential buyer that there has been a final
10  disposition of the indictment, information, or arrest, the
11  conditional nonapproval number shall remain in effect.
12         (3)  In the event of scheduled computer downtime,
13  electronic failure, or similar emergency beyond the control of
14  the Department of Law Enforcement, the department shall
15  immediately notify the licensee of the reason for, and
16  estimated length of, such delay.  After such notification, the
17  department shall forthwith, and in no event later than the end
18  of the next business day of the licensee, either inform the
19  requesting licensee if its records demonstrate that the buyer
20  or transferee is prohibited from receipt or possession of a
21  firearm pursuant to Florida and Federal law or provide the
22  licensee with a unique approval number. Unless notified by the
23  end of said next business day that the buyer or transferee is
24  so prohibited, and without regard to whether she or he has
25  received a unique approval number, the licensee may complete
26  the sale or transfer and shall not be deemed in violation of
27  this section with respect to such sale or transfer.
28         (4)(a)  Any records containing any of the information
29  set forth in subsection (1) pertaining to a buyer or
30  transferee who is not found to be prohibited from receipt or
31  transfer of a firearm by reason of Florida and federal law
                                  35
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 1  which records are created by the Department of Law Enforcement
 2  to conduct the criminal history record check shall be
 3  confidential and exempt from the provisions of s. 119.07(1)
 4  and may not be disclosed by the Department of Law Enforcement
 5  or any officer or employee thereof to any person or to another
 6  agency. The Department of Law Enforcement shall destroy any
 7  such records forthwith after it communicates the approval and
 8  nonapproval numbers to the licensee and, in any event, such
 9  records shall be destroyed within 48 hours after the day of
10  the response to the licensee's request.
11         (b)  Notwithstanding the provisions of this subsection,
12  the Department of Law Enforcement may maintain records of NCIC
13  transactions to the extent required by the Federal Government,
14  and may maintain a log of dates of requests for criminal
15  history records checks, unique approval and nonapproval
16  numbers, license identification numbers, and transaction
17  numbers corresponding to such dates for a period of not longer
18  than 2 years or as otherwise required by law.
19         (c)  Nothing in this chapter shall be construed to
20  allow the State of Florida to maintain records containing the
21  names of purchasers or transferees who receive unique approval
22  numbers or to maintain records of firearm transactions.
23         (d)  Any officer or employee, or former officer or
24  employee of the Department of Law Enforcement or law
25  enforcement agency who intentionally and maliciously violates
26  the provisions of this subsection commits a felony of the
27  third degree punishable as provided in s. 775.082 or s.
28  775.083.
29         (5)  The Department of Law Enforcement shall establish
30  a toll-free telephone number which shall be operational 7 days
31  a week with the exception of Christmas Day and New Year's Day,
                                  36
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 1  for a period of 12 hours a day beginning at 9 a.m. and ending
 2  at 9 p.m., for purposes of responding to inquiries as
 3  described in this section from licensed manufacturers,
 4  licensed importers, and licensed dealers.  The Department of
 5  Law Enforcement shall employ and train such personnel as are
 6  necessary expeditiously to administer the provisions of this
 7  section.
 8         (6)  Any person who is denied the right to receive or
 9  purchase a firearm as a result of the procedures established
10  by this section may request a criminal history records review
11  and correction in accordance with the rules promulgated by the
12  Department of Law Enforcement.
13         (7)  It shall be unlawful for any licensed dealer,
14  licensed manufacturer, or licensed importer willfully and
15  intentionally to request criminal history record information
16  under false pretenses, or willfully and intentionally to
17  disseminate criminal history record information to any person
18  other than the subject of such information.  Any person
19  convicted of a violation of this subsection commits a felony
20  of the third degree punishable as provided in s. 775.082 or s.
21  775.083.
22         (8)  The Department of Law Enforcement shall promulgate
23  regulations to ensure the identity, confidentiality, and
24  security of all records and data provided pursuant to this
25  section.
26         (9)  This section shall become effective at such time
27  as the Department of Law Enforcement has notified all licensed
28  importers, licensed manufacturers, and licensed dealers in
29  writing that the procedures and toll-free number described in
30  this section are operational. This section shall remain in
31  
                                  37
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 1  effect only during such times as the procedures described in
 2  subsection (2) remain operational.
 3         (10)  A licensed importer, licensed manufacturer, or
 4  licensed dealer is not required to comply with the
 5  requirements of this section in the event of:
 6         (a)  Unavailability of telephone service at the
 7  licensed premises due to the failure of the entity which
 8  provides telephone service in the state, region, or other
 9  geographical area in which the licensee is located to provide
10  telephone service to the premises of the licensee due to the
11  location of said premises; or the interruption of telephone
12  service by reason of hurricane, tornado, flood, natural
13  disaster, or other act of God, war, invasion, insurrection,
14  riot, or other bona fide emergency, or other reason beyond the
15  control of the licensee; or
16         (b)  Failure of the Department of Law Enforcement to
17  comply with the requirements of subsections (2) and (3).
18         (11)  Compliance with the provisions of this chapter
19  shall be a complete defense to any claim or cause of action
20  under the laws of any state for liability for damages arising
21  from the importation or manufacture, or the subsequent sale or
22  transfer to any person who has been convicted in any court of
23  a crime punishable by imprisonment for a term exceeding 1
24  year, of any firearm which has been shipped or transported in
25  interstate or foreign commerce.  The Department of Law
26  Enforcement, its agents and employees shall not be liable for
27  any claim or cause of action under the laws of any state for
28  liability for damages arising from its actions in lawful
29  compliance with this section.
30         (12)(a)  Any potential buyer or transferee who
31  willfully and knowingly provides false information or false or
                                  38
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 1  fraudulent identification commits a felony of the third degree
 2  punishable as provided in s. 775.082 or s. 775.083.
 3         (b)  Any licensed importer, licensed manufacturer, or
 4  licensed dealer who violates the provisions of subsection (1)
 5  commits a felony of the third degree punishable as provided in
 6  s. 775.082 or s. 775.083.
 7         (c)  Any employee or agency of a licensed importer,
 8  licensed manufacturer, or licensed dealer who violates the
 9  provisions of subsection (1) commits a felony of the third
10  degree punishable as provided in s. 775.082 or s. 775.083.
11         (d)  Any person who knowingly acquires a firearm
12  through purchase or transfer intended for the use of a person
13  who is prohibited by state or federal law from possessing or
14  receiving a firearm commits a felony of the third degree,
15  punishable as provided in s. 775.082 or s. 775.083.
16         (13)  This section does not apply to employees of
17  sheriff's offices, municipal police departments, correctional
18  facilities or agencies, or other criminal justice or
19  governmental agencies when the purchases or transfers are made
20  on behalf of an employing agency for official law enforcement
21  purposes.
22         (14)  This section is repealed effective June 1, 2004.
23         Section 14.  Section 901.15, Florida Statutes, is
24  amended to read:
25         901.15  When arrest by officer without warrant is
26  lawful.--A law enforcement officer may arrest a person without
27  a warrant when:
28         (1)  The person has committed a felony or misdemeanor
29  or violated a municipal or county ordinance in the presence of
30  the officer.  An arrest for the commission of a misdemeanor or
31  
                                  39
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 1  the violation of a municipal or county ordinance shall be made
 2  immediately or in fresh pursuit.
 3         (2)  A felony has been committed and he or she
 4  reasonably believes that the person committed it.
 5         (3)  He or she reasonably believes that a felony has
 6  been or is being committed and that the person to be arrested
 7  has committed or is committing it.
 8         (4)  A warrant for the arrest has been issued and is
 9  held by another peace officer for execution.
10         (5)  A violation of chapter 316 has been committed in
11  the presence of the officer.  Such an arrest may be made
12  immediately or in fresh pursuit. Any law enforcement officer,
13  upon receiving information relayed to him or her from a fellow
14  officer stationed on the ground or in the air that a driver of
15  a vehicle has violated chapter 316, may arrest the driver for
16  violation of those laws when reasonable and proper
17  identification of the vehicle and the violation has been
18  communicated to the arresting officer.
19         (6)  There is probable cause to believe that the person
20  has committed a criminal act according to s. 790.233 or
21  according to s. 741.31 or s. 784.047 which violates an
22  injunction for protection entered pursuant to s. 741.30 or s.
23  784.046, or a foreign protection order accorded full faith and
24  credit pursuant to s. 741.315, over the objection of the
25  petitioner, if necessary.
26         (7)  There is probable cause to believe that the person
27  has committed an act of domestic violence, as defined in s.
28  741.28. The decision to arrest shall not require consent of
29  the victim or consideration of the relationship of the
30  parties. It is the public policy of this state to strongly
31  discourage arrest and charges of both parties for domestic
                                  40
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 1  violence on each other and to encourage training of law
 2  enforcement and prosecutors in this area. A law enforcement
 3  officer who acts in good faith and exercises due care in
 4  making an arrest under this subsection, under s. 741.31(4) or
 5  s. 784.047, or pursuant to a foreign order of protection
 6  accorded full faith and credit pursuant to s. 741.315, is
 7  immune from civil liability that otherwise might result by
 8  reason of his or her action.
 9         (8)  There is probable cause to believe that the person
10  has committed child abuse, as defined in s. 827.03. The
11  decision to arrest shall not require consent of the victim or
12  consideration of the relationship of the parties. It is the
13  public policy of this state to protect abused children by
14  strongly encouraging the arrest and prosecution of persons who
15  commit child abuse. A law enforcement officer who acts in good
16  faith and exercises due care in making an arrest under this
17  subsection is immune from civil liability that otherwise might
18  result by reason of his or her action.
19         (9)  There is probable cause to believe that the person
20  has committed:
21         (a)  Any battery upon another person, as defined in s.
22  784.03.
23         (b)  An act of criminal mischief or a graffiti-related
24  offense as described in s. 806.13.
25         (10)  The officer has probable cause to believe that
26  the person has knowingly committed an act of repeat violence,
27  dating violence, or sexual violence in violation of an
28  injunction for protection from repeat violence entered
29  pursuant to s. 784.046 or a foreign protection order accorded
30  full faith and credit pursuant to s. 741.315.
31  
                                  41
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 1         (11)  The officer has determined that he or she has
 2  probable cause to believe that a misdemeanor has been
 3  committed, based upon a signed affidavit provided to the
 4  officer by a law enforcement officer of the United States
 5  Government, recognized as such by United States statute, or a
 6  United States military law enforcement officer, recognized as
 7  such by the Uniform Code of Military Justice or the United
 8  States Department of Defense Regulations, when the misdemeanor
 9  was committed in the presence of the United States law
10  enforcement officer or the United States military law
11  enforcement officer on federal military property over which
12  the state has maintained exclusive jurisdiction for such a
13  misdemeanor.
14         (12)(a)  A law enforcement officer of the Florida
15  National Guard, recognized as such by the Uniform Code of
16  Military Justice or the United States Department of Defense
17  Regulations, has probable cause to believe a felony was
18  committed on state military property or when a felony or
19  misdemeanor was committed in his or her presence on such
20  property.
21         (b)  All law enforcement officers of the Florida
22  National Guard shall promptly surrender all persons arrested
23  and charged with a felony to the sheriff of the county within
24  which the state military property is located, and all persons
25  arrested and charged with misdemeanors shall be surrendered to
26  the applicable authority as may be provided by law, but
27  otherwise to the sheriff of the county in which the state
28  military property is located.  The Florida National Guard
29  shall promptly notify the applicable law enforcement agency of
30  an arrest and the location of the prisoner.
31  
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 1         (c)  The Adjutant General, in consultation with the
 2  Criminal Justice Standards and Training Commission, shall
 3  prescribe minimum training standards for such law enforcement
 4  officers of the Florida National Guard.
 5         (13)  He or she is employed by the State of Florida as
 6  a law enforcement officer as defined in s. 943.10(1) or
 7  part-time law enforcement officer as defined in s. 943.10(6),
 8  and:
 9         (a)  He or she reasonably believes that a felony
10  involving violence has been or is being committed and that the
11  person to be arrested has committed or is committing the
12  felony;
13         (b)  While engaged in the exercise of his or her state
14  law enforcement duties, the officer reasonably believes that a
15  felony has been or is being committed; or
16         (c)  A felony warrant for the arrest has been issued
17  and is being held for execution by another peace officer.
18  
19  Notwithstanding any other provision of law, the authority of
20  an officer pursuant to this subsection is statewide.  This
21  subsection does not limit the arrest authority conferred on
22  such officer by any other provision of law.
23         (14)  There is probable cause to believe that the
24  person has committed an act that violates a condition of
25  pretrial release provided in s. 903.047 when the original
26  arrest was for an act of domestic violence as defined in s.
27  741.28 or, repeat violence, dating violence, or sexual
28  violence as defined in s. 784.046.
29         (15)  There is probable cause to believe that the
30  person has committed trespass in a secure area of an airport
31  when signs are posted in conspicuous areas of the airport
                                  43
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 1  which notify that unauthorized entry into such areas
 2  constitutes a trespass and specify the methods for gaining
 3  authorized access to such areas.  An arrest under this
 4  subsection may be made on or off airport premises.  A law
 5  enforcement officer who acts in good faith and exercises due
 6  care in making an arrest under this subsection is immune from
 7  civil liability that otherwise might result by reason of the
 8  law enforcement officer's action.
 9         (16)  There is probable cause to believe that the
10  person has committed assault upon a law enforcement officer, a
11  firefighter, an emergency medical care provider, public
12  transit employees or agents, or other specified officers as
13  set forth in s. 784.07 or has committed assault or battery
14  upon any employee of a receiving facility as defined in s.
15  394.455 who is engaged in the lawful performance of his or her
16  duties.
17         Section 15.  For the purpose of incorporating the
18  amendments made by this act to section 784.048, Florida
19  Statutes, in references, thereto, paragraph (g) of subsection
20  (3) of section 921.0022, Florida Statutes, is reenacted to
21  read:
22         921.0022  Criminal Punishment Code; offense severity
23  ranking chart.--
24         (3)  OFFENSE SEVERITY RANKING CHART
25  
26  Florida           Felony
27  Statute           Degree             Description
28  
29    
30                              (g)  LEVEL 7
31  
                                  44
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 1  316.193(3)(c)2.    3rd      DUI resulting in serious bodily
 2                              injury.
 3  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious
 4                              bodily injury.
 5  402.319(2)         2nd      Misrepresentation and negligence
 6                              or intentional act resulting in
 7                              great bodily harm, permanent
 8                              disfiguration, permanent
 9                              disability, or death.
10  409.920(2)         3rd      Medicaid provider fraud.
11  456.065(2)         3rd      Practicing a health care
12                              profession without a license.
13  456.065(2)         2nd      Practicing a health care
14                              profession without a license
15                              which results in serious bodily
16                              injury.
17  458.327(1)         3rd      Practicing medicine without a
18                              license.
19  459.013(1)         3rd      Practicing osteopathic medicine
20                              without a license.
21  460.411(1)         3rd      Practicing chiropractic medicine
22                              without a license.
23  461.012(1)         3rd      Practicing podiatric medicine
24                              without a license.
25  462.17             3rd      Practicing naturopathy without a
26                              license.
27  463.015(1)         3rd      Practicing optometry without a
28                              license.
29  464.016(1)         3rd      Practicing nursing without a
30                              license.
31  
                                  45
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 1  465.015(2)         3rd      Practicing pharmacy without a
 2                              license.
 3  466.026(1)         3rd      Practicing dentistry or dental
 4                              hygiene without a license.
 5  467.201            3rd      Practicing midwifery without a
 6                              license.
 7  468.366            3rd      Delivering respiratory care
 8                              services without a license.
 9  483.828(1)         3rd      Practicing as clinical laboratory
10                              personnel without a license.
11  483.901(9)         3rd      Practicing medical physics
12                              without a license.
13  484.013(1)(c)      3rd      Preparing or dispensing optical
14                              devices without a prescription.
15  484.053            3rd      Dispensing hearing aids without a
16                              license.
17  494.0018(2)        1st      Conviction of any violation of
18                              ss. 494.001-494.0077 in which the
19                              total money and property
20                              unlawfully obtained exceeded
21                              $50,000 and there were five or
22                              more victims.
23  560.123(8)(b)1.    3rd      Failure to report currency or
24                              payment instruments exceeding
25                              $300 but less than $20,000 by
26                              money transmitter.
27  560.125(5)(a)      3rd      Money transmitter business by
28                              unauthorized person, currency or
29                              payment instruments exceeding
30                              $300 but less than $20,000.
31  
                                  46
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 1  655.50(10)(b)1.    3rd      Failure to report financial
 2                              transactions exceeding $300 but
 3                              less than $20,000 by financial
 4                              institution.
 5  782.051(3)         2nd      Attempted felony murder of a
 6                              person by a person other than the
 7                              perpetrator or the perpetrator of
 8                              an attempted felony.
 9  782.07(1)          2nd      Killing of a human being by the
10                              act, procurement, or culpable
11                              negligence of another
12                              (manslaughter).
13  782.071            2nd      Killing of human being or viable
14                              fetus by the operation of a motor
15                              vehicle in a reckless manner
16                              (vehicular homicide).
17  782.072            2nd      Killing of a human being by the
18                              operation of a vessel in a
19                              reckless manner (vessel
20                              homicide).
21  784.045(1)(a)1.    2nd      Aggravated battery; intentionally
22                              causing great bodily harm or
23                              disfigurement.
24  784.045(1)(a)2.    2nd      Aggravated battery; using deadly
25                              weapon.
26  784.045(1)(b)      2nd      Aggravated battery; perpetrator
27                              aware victim pregnant.
28  784.048(4)         3rd      Aggravated stalking; violation of
29                              injunction or court order.
30  784.07(2)(d)       1st      Aggravated battery on law
31                              enforcement officer.
                                  47
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 1  784.074(1)(a)      1st      Aggravated battery on sexually
 2                              violent predators facility staff.
 3  784.08(2)(a)       1st      Aggravated battery on a person 65
 4                              years of age or older.
 5  784.081(1)         1st      Aggravated battery on specified
 6                              official or employee.
 7  784.082(1)         1st      Aggravated battery by detained
 8                              person on visitor or other
 9                              detainee.
10  784.083(1)         1st      Aggravated battery on code
11                              inspector.
12  790.07(4)          1st      Specified weapons violation
13                              subsequent to previous conviction
14                              of s. 790.07(1) or (2).
15  790.16(1)          1st      Discharge of a machine gun under
16                              specified circumstances.
17  790.165(2)         2nd      Manufacture, sell, possess, or
18                              deliver hoax bomb.
19  790.165(3)         2nd      Possessing, displaying, or
20                              threatening to use any hoax bomb
21                              while committing or attempting to
22                              commit a felony.
23  790.166(3)         2nd      Possessing, selling, using, or
24                              attempting to use a hoax weapon
25                              of mass destruction.
26  790.166(4)         2nd      Possessing, displaying, or
27                              threatening to use a hoax weapon
28                              of mass destruction while
29                              committing or attempting to
30                              commit a felony.
31  
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 1  796.03             2nd      Procuring any person under 16
 2                              years for prostitution.
 3  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;
 4                              victim less than 12 years of age;
 5                              offender less than 18 years.
 6  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;
 7                              victim 12 years of age or older
 8                              but less than 16 years; offender
 9                              18 years or older.
10  806.01(2)          2nd      Maliciously damage structure by
11                              fire or explosive.
12  810.02(3)(a)       2nd      Burglary of occupied dwelling;
13                              unarmed; no assault or battery.
14  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;
15                              unarmed; no assault or battery.
16  810.02(3)(d)       2nd      Burglary of occupied conveyance;
17                              unarmed; no assault or battery.
18  812.014(2)(a)      1st      Property stolen, valued at
19                              $100,000 or more; cargo stolen
20                              valued at $50,000 or more;
21                              property stolen while causing
22                              other property damage; 1st degree
23                              grand theft.
24  812.014(2)(b)3.    2nd      Property stolen, emergency
25                              medical equipment; 2nd degree
26                              grand theft.
27  812.0145(2)(a)     1st      Theft from person 65 years of age
28                              or older; $50,000 or more.
29  
30  
31  
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 1  812.019(2)         1st      Stolen property; initiates,
 2                              organizes, plans, etc., the theft
 3                              of property and traffics in
 4                              stolen property.
 5  812.131(2)(a)      2nd      Robbery by sudden snatching.
 6  812.133(2)(b)      1st      Carjacking; no firearm, deadly
 7                              weapon, or other weapon.
 8  817.234(11)(c)     1st      Insurance fraud; property value
 9                              $100,000 or more.
10  825.102(3)(b)      2nd      Neglecting an elderly person or
11                              disabled adult causing great
12                              bodily harm, disability, or
13                              disfigurement.
14  825.103(2)(b)      2nd      Exploiting an elderly person or
15                              disabled adult and property is
16                              valued at $20,000 or more, but
17                              less than $100,000.
18  827.03(3)(b)       2nd      Neglect of a child causing great
19                              bodily harm, disability, or
20                              disfigurement.
21  827.04(3)          3rd      Impregnation of a child under 16
22                              years of age by person 21 years
23                              of age or older.
24  837.05(2)          3rd      Giving false information about
25                              alleged capital felony to a law
26                              enforcement officer.
27  872.06             2nd      Abuse of a dead human body.
28  
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 1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver
 2                              cocaine (or other drug prohibited
 3                              under s. 893.03(1)(a), (1)(b),
 4                              (1)(d), (2)(a), (2)(b), or
 5                              (2)(c)4.) within 1,000 feet of a
 6                              child care facility or school.
 7  893.13(1)(e)1.     1st      Sell, manufacture, or deliver
 8                              cocaine or other drug prohibited
 9                              under s. 893.03(1)(a), (1)(b),
10                              (1)(d), (2)(a), (2)(b), or
11                              (2)(c)4., within 1,000 feet of
12                              property used for religious
13                              services or a specified business
14                              site.
15  893.13(4)(a)       1st      Deliver to minor cocaine (or
16                              other s. 893.03(1)(a), (1)(b),
17                              (1)(d), (2)(a), (2)(b), or
18                              (2)(c)4. drugs).
19  893.135(1)(a)1.    1st      Trafficking in cannabis, more
20                              than 25 lbs., less than 2,000
21                              lbs.
22  893.135
23   (1)(b)1.a.        1st      Trafficking in cocaine, more than
24                              28 grams, less than 200 grams.
25  893.135
26   (1)(c)1.a.        1st      Trafficking in illegal drugs,
27                              more than 4 grams, less than 14
28                              grams.
29  
30  
31  
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 1  893.135
 2   (1)(d)1.          1st      Trafficking in phencyclidine,
 3                              more than 28 grams, less than 200
 4                              grams.
 5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more
 6                              than 200 grams, less than 5
 7                              kilograms.
 8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more
 9                              than 14 grams, less than 28
10                              grams.
11  893.135
12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4
13                              grams or more, less than 14
14                              grams.
15  893.135
16   (1)(h)1.a.        1st      Trafficking in
17                              gamma-hydroxybutyric acid (GHB),
18                              1 kilogram or more, less than 5
19                              kilograms.
20  893.135
21   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1
22                              kilogram or more, less than 5
23                              kilograms.
24  893.135
25   (1)(k)2.a.        1st      Trafficking in Phenethylamines,
26                              10 grams or more, less than 200
27                              grams.
28  896.101(5)(a)      3rd      Money laundering, financial
29                              transactions exceeding $300 but
30                              less than $20,000.
31  
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 1  896.104(4)(a)1.    3rd      Structuring transactions to evade
 2                              reporting or registration
 3                              requirements, financial
 4                              transactions exceeding $300 but
 5                              less than $20,000.
 6         Section 16.  Paragraph (e) of section (2) of section
 7  943.05, Florida Statutes, is amended to read:
 8         943.05  Criminal Justice Information Program; duties;
 9  crime reports.--
10         (2)  The program shall:
11         (e)  Establish, implement, and maintain a Domestic and
12  Repeat Violence Injunction Statewide Verification System
13  capable of electronically transmitting information to and
14  between criminal justice agencies relating to injunctions
15  against domestic violence, repeat violence, dating violence,
16  and sexual violence domestic violence injunctions and repeat
17  violence injunctions issued by the courts throughout the
18  state. Such information must include, but is not limited to,
19  information as to the existence and status of any such
20  injunction for verification purposes.
21         Section 17.  This act shall take effect July 1, 2003.
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 294
 3                                 
 4  
    Amends section 61.1825, F.S., to add injunctions against
 5  dating violence and sexual violence to the types of violence
    injunctions that require the placement of a family violence
 6  indicator on Title-IV child support cases in the state case
    registry. It also reflects the redesignation of the Domestic
 7  Violence and Repeat Injunction Statewide Verification System
    as the "Violence Injunction Statewide Verification System."
 8  
    Reenacts section 61.1827, F.S., to incorporate and conform to
 9  the changes made to ss.61.1825, 741.31 and 784.046.
10  Amends section 741.2901(3), F.S., to add injunctions against
    dating violence and sexual violence to the types of violence
11  injunctions for which the state attorney in a domestic
    violence investigation is obligated to check into a
12  defendant's history.
13  Amends section 741.30, F.S., to reflect the new name of the
    "Violence Injunction Statewide Verification System." Reenacts
14  741.31, F.S., relating to violations of injunctions against
    domestic violence, to incorporate and conform to the changes
15  made to s.741.2901 and 741.315, F.S.
16  Amends section 775.315, F.S., to clarify that repeat violence
    injunctions, dating violence injunctions, and the newly
17  created sexual violence injunctions entered by a court of a
    foreign state are to be accorded full faith and credit as are
18  currently accorded injunctions against domestic violence.
19  Amends section 775.084(1), F.S., to reflect the addition of
    the violence of an injunction against sexual violence as an
20  underlying element for the offense of aggravated stalking
    which subjects an offender to enhanced penalties and mandatory
21  minimum prison terms for habitual offenders and violence
    career criminals.
22  
    Amends section 784.047, F.S., to create a first-degree
23  misdemeanor for violation of an injunction against sexual
    violence is currently the case for violation of an injunction
24  against dating violence or repeat violence as granted under s.
    784.046, F.S.
25  
    Amends section 784.048, F.S., to add that violation of a
26  sexual violence injunction constitutes an underlying element
    of aggravated stalking when the person knowingly, willfully,
27  maliciously, and repeatedly follows or harasses another person
    after such injunction is issued.
28  
    Amends section 790.06, F.S., to reflect that the existence of
29  a dating violence injunction and a sexual violence injunction
    may be the basis for denying or suspending a license or
30  application for a firearm which is currently the case for
    domestic violence injunctions and repeat violence injunctions.
31  
    Amends section 790.065, F.S., to require criminal background
                                  54
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 1  checks during the sale and delivery of firearms to include a
    review of records for entry of an injunction against sexual
 2  violence which is currently the case for injunctions against
    dating violence, domestic violence or repeat violence.
 3  
    Amends section 901.15, F.S., to allow law enforcement to
 4  arrest a person without a warrant under specified
    circumstances when there is probable cause to believe that the
 5  person has violated an injunction against sexual violence
    which authority is already granted in statute for violation of
 6  injunctions against repeat violence and dating violence or a
    foreign protection order accorded full faith and credit under
 7  s. 741.315, F.S.
 8  Reenacts section  921.0022(3)(g), F.S., relating to the
    offense severity ranking chart for sentencing under the
 9  criminal punishment code, to incorporate and conform to the
    changes made to s. 784.048(4), F.S., which adds dating
10  violence and sexual violence as an underlying element for the
    third-degree felony offense of aggravated stalking.
11  
    Amends section 943.05(2), F.S., to require reporting of
12  injunctions against sexual violence and dating violence to the
    list of injunctions to be reported to the statewide
13  verification system of the Criminal Justice Information
    Program  and renames injunction statewide verification system.
14  
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