Senate Bill sb0322

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    Florida Senate - 2004                                   SB 322

    By Senator Saunders





    37-75-04

  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.; deleting the definition of the term

  5         "repeat violence" for purposes of protective

  6         injunctions; providing for an injunction for

  7         protection in cases of violence rather than in

  8         cases of repeat violence; providing

  9         requirements for a petition for protection

10         against violence; redesignating the Domestic,

11         Dating, and Repeat Violence Injunction

12         Statewide Verification System in the Department

13         of Law Enforcement as the "Violence Injunction

14         Statewide Verification System"; providing for

15         service of process and enforcement of an

16         injunction for protection against violence;

17         amending s. 784.047, F.S.; providing that it is

18         a first-degree misdemeanor to violate an

19         injunction for protection against violence;

20         amending ss. 61.1825, 741.2901, and 741.30,

21         F.S., relating to the State Case Registry and

22         domestic violence; providing for the award of

23         attorney's fees, costs, and certain other

24         expenses in specified circumstances; conforming

25         provisions to changes made by the act; amending

26         s. 784.048, F.S.; revising the elements of the

27         offense of aggravated stalking to prohibit

28         certain acts following an injunction for

29         protection against violence rather than

30         following an injunction for protection against

31         repeat violence; amending ss. 790.06 and

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 1         790.065, F.S., relating to a license to carry a

 2         concealed weapon or firearm and the sale and

 3         delivery of firearms; conforming provisions to

 4         changes made by the act; amending s. 901.15,

 5         F.S.; authorizing arrest without a warrant when

 6         an officer has probable cause to believe that a

 7         person has knowingly committed an act of

 8         violence in violation of an injunction for

 9         protection from violence; amending s. 943.05,

10         F.S., relating to the Criminal Justice

11         Information Program; conforming provisions to

12         changes made by the act; reenacting ss.

13         775.084(1)(d) and 921.0022(3)(g), F.S.,

14         relating to violent career criminals and the

15         offense severity ranking chart of the Criminal

16         Punishment Code, to incorporate the amendment

17         to s. 784.048, F.S., in references thereto;

18         providing an effective date.

19  

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

21  

22         Section 1.  This act may be cited as the Tonda Soisson

23  Protective Injunction Act.

24         Section 2.  Section 784.046, Florida Statutes, is

25  amended to read:

26         784.046  Action by victim of repeat violence, sexual

27  violence, or dating violence for protective injunction; powers

28  and duties of court and clerk of court; filing and form of

29  petition; notice and hearing; temporary injunction; issuance;

30  statewide verification system; enforcement.--

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

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

 2  battery, aggravated battery, sexual assault, sexual battery,

 3  stalking, aggravated stalking, kidnapping, or false

 4  imprisonment, or any criminal offense resulting in physical

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

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

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

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

 9  are directed against the petitioner or the petitioner's

10  immediate family member.

11         (b)(c)  "Sexual violence" means any one incident of:

12         1.  Sexual battery, as defined in chapter 794;

13         2.  A lewd or lascivious act, as defined in chapter

14  800, committed upon or in the presence of a person younger

15  than 16 years of age;

16         3.  Luring or enticing a child, as described in chapter

17  787;

18         4.  Sexual performance by a child, as described in

19  chapter 827; or

20         5.  Any other forcible felony wherein a sexual act is

21  committed or attempted,

22  

23  regardless of whether criminal charges based on the incident

24  were filed, reduced, or dismissed by the state attorney.

25         (c)(d)  "Dating violence" means violence between

26  individuals who have or have had a continuing and significant

27  relationship of a romantic or intimate nature. The existence

28  of such a relationship shall be determined based on the

29  consideration of the following factors:

30         1.  A dating relationship must have existed within the

31  past 6 months;

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 1         2.  The nature of the relationship must have been

 2  characterized by the expectation of affection or sexual

 3  involvement between the parties; and

 4         3.  The frequency and type of interaction between the

 5  persons involved in the relationship must have included that

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

 7  basis during the course of the relationship.

 8  

 9  The term does not include violence in a casual

10  acquaintanceship or violence between individuals who only have

11  engaged in ordinary fraternization in a business or social

12  context.

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

14  injunction for protection in cases of repeat violence, there

15  is created a separate cause of action for an injunction for

16  protection in cases of dating violence, and there is created a

17  separate cause of action for an injunction for protection in

18  cases of sexual violence.

19         (a)  Any person who:

20         1.  Is the victim of repeat violence and who has

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

22  danger of becoming the victim of another act of violence;

23         2.  Has reasonable cause to believe that he or she is

24  in imminent danger of becoming the victim of an act of

25  violence; or

26         3.  Is the parent or legal guardian of a any minor

27  child who is living at home and who seeks an injunction for

28  protection against repeat violence on behalf of the minor

29  child,

30  

31  

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 1  has standing in the circuit court to file a sworn petition for

 2  an injunction for protection against repeat violence.

 3         (b)  Any person who:

 4         1.  Is the victim of dating violence and has reasonable

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

 6  the victim of another act of dating violence;, or any person

 7  who

 8         2.  Has reasonable cause to believe he or she is in

 9  imminent danger of becoming the victim of an act of dating

10  violence;, or

11         3.  Is the parent or legal guardian of any minor child

12  who is living at home and who seeks an injunction for

13  protection against dating violence on behalf of that minor

14  child,

15  

16  has standing in the circuit court to file a sworn petition for

17  an injunction for protection against dating violence.

18         (c)  A person who is the victim of sexual violence or

19  the parent or legal guardian of a minor child who is living at

20  home who is the victim of sexual violence has standing in the

21  circuit court to file a sworn petition for an injunction for

22  protection against sexual violence on his or her own behalf or

23  on behalf of the minor child if:

24         1.  The person has reported the sexual violence to a

25  law enforcement agency and is cooperating in any criminal

26  proceeding against the respondent, regardless of whether

27  criminal charges based on the sexual violence have been filed,

28  reduced, or dismissed by the state attorney; or

29         2.  The respondent who committed the sexual violence

30  against the victim or minor child was sentenced to a term of

31  imprisonment in state prison for the sexual violence and the

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 1  respondent's term of imprisonment has expired or is due to

 2  expire within 90 days following the date the petition is

 3  filed.

 4         (d)  A cause of action for an injunction may be sought

 5  whether or not any other petition, complaint, or cause of

 6  action is currently available or pending between the parties.

 7         (e)  A cause of action for an injunction does not

 8  require that the petitioner be represented by an attorney.

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

10  this section, simplified forms, and clerical assistance for

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

12  who is not represented by counsel.

13         (b)  Notwithstanding any other law, the clerk of the

14  court may not assess a fee for filing a petition for

15  protection against repeat violence, sexual violence, or dating

16  violence. However, subject to legislative appropriation, the

17  clerk of the court may, each quarter, submit to the Office of

18  the State Courts Administrator a certified request for

19  reimbursement for petitions for protection issued by the court

20  under this section at the rate of $40 per petition. The

21  request for reimbursement shall be submitted in the form and

22  manner prescribed by the Office of the State Courts

23  Administrator. From this reimbursement, the clerk shall pay

24  the law enforcement agency serving the injunction the fee

25  requested by the law enforcement agency; however, this fee may

26  not exceed $20.

27         (c)  No bond shall be required by The court may not

28  require a bond for the entry of an injunction.

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

30  petitioner with a certified copy of any injunction for

31  

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 1  protection against repeat violence, sexual violence, or dating

 2  violence entered by the court.

 3         (4)(a)  The sworn petition must shall allege the

 4  incidents of repeat violence, sexual violence, or dating

 5  violence and must shall include the specific facts and

 6  circumstances that form the basis upon which relief is sought.

 7  With respect to a minor child who is living at home, the

 8  parent or legal guardian of the minor child must have been an

 9  eyewitness to, or have direct physical evidence or affidavits

10  from eyewitnesses of, the specific facts and circumstances

11  that which form the basis upon which relief is sought.

12         (b)  The sworn petition must be in substantially the

13  following form:

14  

15              PETITION FOR INJUNCTION FOR PROTECTION

16                 AGAINST REPEAT VIOLENCE, SEXUAL

17                   VIOLENCE, OR DATING VIOLENCE

18  

19         Before me, the undersigned authority, personally

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

21  that the following statements are true:

22  

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

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

25         3.a.  Petitioner is a victim of violence and has

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

27  danger of becoming the victim of another act of violence or

28  has reasonable cause to believe that he or she is in imminent

29  danger of becoming a victim of has suffered repeat violence,

30  as demonstrated by the fact that the respondent has:

31         ...(enumerate incidents of violence)...

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 1  

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

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

 4                 ................................

 5  

 6         b.  Petitioner has suffered sexual violence as

 7  demonstrated by the fact that the respondent has: (enumerate

 8  incident of violence and attach incident report by law

 9  enforcement agency or notice of inmate release.)

10  

11                 ................................

12                 ................................

13                 ................................

14  

15         c.  Petitioner is a victim of dating violence and has

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

17  danger of becoming the victim of another act of dating

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

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

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

21  specific incident or incidents of violence and describe the

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

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

24  relationship of a romantic or intimate nature, the frequency

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

26  the relationship.)...

27  

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

29                 ................................

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

31  

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 1         4.  Petitioner genuinely fears repeat violence by the

 2  respondent.

 3         5.  Petitioner seeks: an immediate injunction against

 4  the respondent, enjoining him or her from committing any

 5  further acts of violence; an injunction enjoining the

 6  respondent from committing any further acts of violence; and

 7  an injunction providing any terms the court deems necessary

 8  for the protection of the petitioner and the petitioner's

 9  immediate family, including any injunctions or directives to

10  law enforcement agencies.

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

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

13  respondent shall be personally served with a copy of the

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

15  prior to the hearing.

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

17  and present danger of violence exists, the court may grant a

18  temporary injunction, which may be granted in an ex parte

19  hearing, pending a full hearing, and may grant such relief as

20  the court deems proper, including an injunction enjoining the

21  respondent from committing any acts of violence.

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

23  such temporary injunction, no evidence other than the verified

24  pleading or affidavit may not shall be used as evidence,

25  unless the respondent appears at the hearing or has received

26  reasonable notice of the hearing.

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

28  effective for a fixed period not to exceed 15 days. However,

29  an ex parte temporary injunction granted under subparagraph

30  (2)(c)2. is effective for 15 days following the date the

31  respondent is released from incarceration. A full hearing, as

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 1  provided by this section, shall be set for a date no later

 2  than the date when the temporary injunction ceases to be

 3  effective. The court may grant a continuance of the ex parte

 4  injunction and the full hearing before or during a hearing,

 5  for good cause shown by any party.

 6         (7)(a)  Upon notice and hearing, the court may grant

 7  such relief as the court deems proper, including an

 8  injunction:

 9         1.(a)  Enjoining the respondent from committing any

10  acts of violence.

11         2.(b)  Ordering such other relief as the court deems

12  necessary for the protection of the petitioner, including

13  injunctions or directives to law enforcement agencies, as

14  provided in this section.

15         (b)(c)  The terms of the injunction shall remain in

16  full force and effect until modified or dissolved. Either

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

18  injunction. Such relief may be granted in addition to other

19  civil or criminal remedies.

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

21  protection against repeat violence, sexual violence, or dating

22  violence entered pursuant to this section shall, on its face,

23  indicate that:

24         1.  The injunction is valid and enforceable in all

25  counties of the State of Florida.

26         2.  Law enforcement officers may use their arrest

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

28  injunction.

29         3.  The court had jurisdiction over the parties and

30  matter under the laws of Florida and that reasonable notice

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

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

 2  right to due process.

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

 4  temporary or final order, if obtainable.

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

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

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

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

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

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

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

12  sheriff such information on the respondent's physical

13  description and location as is required by the department to

14  comply with the verification procedures set forth in this

15  section. Notwithstanding any other provision of law to the

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

17  with the appropriate sheriff, may authorize a law enforcement

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

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

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

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

22  law enforcement officer as defined in chapter 943.

23         2.  If the respondent is in the custody of the

24  Department of Corrections and the petition for an injunction

25  has been filed as provided in subparagraph (2)(c)2., the clerk

26  of the court shall furnish a copy of the petition, notice of

27  hearing, and temporary injunction, if any, to the Department

28  of Corrections and copies shall be served upon the respondent

29  as soon thereafter as possible on any day of the week and at

30  any time of the day or night. The petition, notice of hearing,

31  or temporary injunction may be served in a state prison by a

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 1  correctional officer as defined in chapter 943. If the

 2  respondent in custody is not served before his or her release,

 3  a copy of the petition, notice of hearing, and temporary

 4  injunction, if any, shall be forwarded to the sheriff of the

 5  county specified in the respondent's release plan for service

 6  as provided in subparagraph 1.

 7         3.  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 the execution or

11  service of the injunction. A law enforcement officer shall

12  accept a copy of an injunction for protection against repeat

13  violence, sexual violence, or dating violence, certified by

14  the clerk of the court, from the petitioner and immediately

15  serve it upon a respondent who has been located but not yet

16  served.

17         (b)  The There shall be created a Domestic, Dating,

18  Sexual, and Repeat Violence Injunction Statewide Verification

19  System is created within the Department of Law Enforcement.

20  The department shall establish, implement, and maintain a

21  statewide communication system capable of electronically

22  transmitting information to and between criminal justice

23  agencies relating to domestic violence injunctions, dating

24  violence injunctions, sexual violence injunctions, and repeat

25  violence injunctions issued by the courts throughout the

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

27  information as to the existence and status of any injunction

28  for verification purposes.

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

30  injunction for protection against repeat violence, sexual

31  violence, or dating violence or changes or vacates an

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 1  injunction for protection against repeat violence, sexual

 2  violence, or dating violence, the clerk of the court must

 3  forward a copy of the injunction to the sheriff with

 4  jurisdiction over the residence of the petitioner.

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

 6  injunction for protection against repeat violence, sexual

 7  violence, or dating violence upon a respondent, the law

 8  enforcement officer must forward the written proof of service

 9  of process to the sheriff with jurisdiction over the residence

10  of the petitioner.

11         3.  Within 24 hours after the sheriff receives a

12  certified copy of the injunction for protection against repeat

13  violence, sexual violence, or dating violence, the sheriff

14  must make information relating to the injunction available to

15  other law enforcement agencies by electronically transmitting

16  such information to the department.

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

18  enforcement officer has made service upon the respondent and

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

20  information relating to the service available to other law

21  enforcement agencies by electronically transmitting such

22  information to the department.

23         5.  Within 24 hours after an injunction for protection

24  against repeat violence, sexual violence, or dating violence

25  is lifted, terminated, or otherwise rendered no longer

26  effective by ruling of the court, the clerk of the court must

27  notify the sheriff or local law enforcement agency receiving

28  original notification of the injunction as provided in

29  subparagraph 2. That agency shall, within 24 hours after

30  receiving such notification from the clerk of the court,

31  notify the department of such action of the court.

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

 2  criminal contempt proceeding, a violation of an injunction for

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

 4  with the injunction by imposing a monetary assessment. The

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

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

 7  collected pursuant to this paragraph to the State Treasury for

 8  deposit in the Crimes Compensation Trust Fund established in

 9  s. 960.21.

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

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

12  violence, sexual violence, or dating violence in violation of

13  an injunction for protection, the respondent shall be held in

14  custody until brought before the court as expeditiously as

15  possible for the purpose of enforcing the injunction and for

16  admittance to bail in accordance with chapter 903 and the

17  applicable rules of criminal procedure, pending a hearing.

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

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

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

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

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

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

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

25  section.

26         Section 3.  Section 784.047, Florida Statutes, is

27  amended to read:

28         784.047  Penalties for violating protective injunction

29  against violators.--A person who willfully violates an

30  injunction for protection against repeat violence or dating

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

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

 2  741.315 by:

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

 4  share;

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

 6  of employment, or a specified place frequented regularly by

 7  the petitioner and any named family or household member;

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

 9  violence against the petitioner;

10         (4)  Committing any other violation of the injunction

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

12  violence to the petitioner; or

13         (5)  Telephoning, contacting, or otherwise

14  communicating with the petitioner directly or indirectly,

15  unless the injunction specifically allows indirect contact

16  through a third party;

17  

18  commits a misdemeanor of the first degree, punishable as

19  provided in s. 775.082 or s. 775.083.

20         Section 4.  Paragraph (a) of subsection (3) of section

21  61.1825, Florida 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 has been granted pursuant to s.

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 1  741.30(6), an injunction for protection against domestic

 2  violence has been issued by a court of a foreign state

 3  pursuant to s. 741.315, or a temporary or final injunction for

 4  protection against repeat violence has been granted pursuant

 5  to s. 784.046; or

 6         3.  The department has received information on a Title

 7  IV-D case from the Domestic Violence and Repeat Violence

 8  Injunction Statewide Verification System, established pursuant

 9  to s. 784.046 s. 784.046(8)(b), that a court has granted a

10  party a domestic violence or repeat violence injunction.

11         Section 5.  Subsection (3) of section 741.2901, Florida

12  Statutes, is amended to read:

13         741.2901  Domestic violence cases; prosecutors;

14  legislative intent; investigation; duty of circuits; first

15  appearance.--

16         (3)  Prior to a defendant's first appearance in any

17  charge of domestic violence as defined in s. 741.28, the State

18  Attorney's Office shall perform a thorough investigation of

19  the defendant's history, including, but not limited to: prior

20  arrests for domestic violence, prior arrests for nondomestic

21  charges, prior injunctions for protection against domestic

22  violence or and repeat violence filed listing the defendant as

23  respondent and noting history of other victims, and prior

24  walk-in domestic complaints filed against the defendant. This

25  information shall be presented at first appearance, when

26  setting bond, and when passing sentence, for consideration by

27  the court.  When a defendant is arrested for an act of

28  domestic violence, the defendant shall be held in custody

29  until brought before the court for admittance to bail in

30  accordance with chapter 903.  In determining bail, the court

31  shall consider the safety of the victim, the victim's

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 1  children, and any other person who may be in danger if the

 2  defendant is released.

 3         Section 6.  Paragraph (c) of subsection (2), paragraph

 4  (a) of subsection (6), and paragraph (b) of subsection (8) of

 5  section 741.30, Florida Statutes, as amended by section 113 of

 6  chapter 2003-402, Laws of Florida, are amended to read:

 7         741.30  Domestic violence; injunction; powers and

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

 9  temporary injunction; issuance of injunction; statewide

10  verification system; enforcement.--

11         (2)

12         (c)1.  The clerk of the court shall assist petitioners

13  in seeking both injunctions for protection against domestic

14  violence and enforcement for a violation thereof as specified

15  in this section.

16         2.  All clerks' offices shall provide simplified

17  petition forms for the injunction, any modifications, and the

18  enforcement thereof, including instructions for completion.

19         3.  The clerk of the court shall advise petitioners of

20  the opportunity to apply for a certificate of indigence in

21  lieu of prepayment for the cost of the filing fee, as provided

22  in paragraph (a).

23         4.  The clerk of the court shall ensure the

24  petitioner's privacy to the extent practical while completing

25  the forms for injunctions for protection against domestic

26  violence.

27         5.  The clerk of the court shall provide petitioners

28  with a minimum of two certified copies of the order of

29  injunction, one of which is serviceable and will inform the

30  petitioner of the process for service and enforcement.

31  

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 1         6.  Clerks of court and appropriate staff in each

 2  county shall receive training in the effective assistance of

 3  petitioners as provided or approved by the Florida Association

 4  of Court Clerks.

 5         7.  The clerk of the court in each county shall make

 6  available informational brochures on domestic violence when

 7  such brochures are provided by local certified domestic

 8  violence centers.

 9         8.  The clerk of the court in each county shall

10  distribute a statewide uniform informational brochure to

11  petitioners at the time of filing for an injunction for

12  protection against domestic violence or repeat violence when

13  such brochures become available. The brochure must include

14  information about the effect of giving the court false

15  information about domestic violence.

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

17  court that the petitioner is either the victim of domestic

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

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

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

21  court deems proper, including an injunction:

22         1.  Restraining the respondent from committing any acts

23  of domestic violence.

24         2.  Awarding to the petitioner the exclusive use and

25  possession of the dwelling that the parties share or excluding

26  the respondent from the residence of the petitioner.

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

28  awarding temporary custody of, or temporary visitation rights

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

30  

31  

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

 2  establishing temporary support for a minor child or children

 3  or the petitioner.

 4         5.  Ordering the respondent to participate in

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

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

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

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

 9  respondent with a list of all certified batterers'

10  intervention programs and all programs which have submitted an

11  application to the Department of Corrections to become

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

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

14  certified batterers' intervention programs in the circuit, the

15  court shall provide a list of acceptable programs from which

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

17         6.  Referring a petitioner to a certified domestic

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

19  list of certified domestic violence centers in the circuit

20  which the petitioner may contact.

21         7.  Ordering such other relief as the court deems

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

23  including injunctions or directives to law enforcement

24  agencies, as provided in this section.

25  

26  If the court has entered an ex parte temporary injunction and

27  determines at the extension hearing that the petitioner did

28  not have reasonable cause to believe that he or she was in

29  danger of becoming the victim of an act of domestic violence,

30  or if the court finds that the petitioner knowingly provided

31  false information to the court regarding the alleged domestic

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 1  violence, the court may award respondent reasonable attorney's

 2  fees and costs and the reasonable reimbursement of temporary

 3  living expenses resulting from the issuance of the ex parte

 4  temporary injunction.

 5         (8)

 6         (b)  The There shall be created a Domestic and Repeat

 7  Violence Injunction Statewide Verification System is created

 8  within the Department of Law Enforcement. The department shall

 9  establish, implement, and maintain a statewide communication

10  system capable of electronically transmitting information to

11  and between criminal justice agencies relating to domestic

12  violence injunctions and repeat violence injunctions issued by

13  the courts throughout the state. Such information must

14  include, but is not limited to, information as to the

15  existence and status of any injunction for verification

16  purposes.

17         Section 7.  Subsection (4) of section 784.048, Florida

18  Statutes, is amended to read:

19         784.048  Stalking; definitions; penalties.--

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

21  against repeat violence or dating violence pursuant to s.

22  784.046, or an injunction for protection against domestic

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

24  court-imposed prohibition of conduct toward the subject person

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

26  and repeatedly follows, harasses, or cyberstalks another

27  person commits the offense of aggravated stalking, a felony of

28  the third degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.

30         Section 8.  Subsections (2) and (3) of section 790.06,

31  Florida Statutes, are amended to read:

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 1         790.06  License to carry concealed weapon or firearm.--

 2         (2)  The Department of Agriculture and Consumer

 3  Services shall issue a license if the applicant:

 4         (a)  Is a resident of the United States or is a

 5  consular security official of a foreign government that

 6  maintains diplomatic relations and treaties of commerce,

 7  friendship, and navigation with the United States and is

 8  certified as such by the foreign government and by the

 9  appropriate embassy in this country;

10         (b)  Is 21 years of age or older;

11         (c)  Does not suffer from a physical infirmity which

12  prevents the safe handling of a weapon or firearm;

13         (d)  Is not ineligible to possess a firearm pursuant to

14  s. 790.23 by virtue of having been convicted of a felony;

15         (e)  Has not been committed for the abuse of a

16  controlled substance or been found guilty of a crime under the

17  provisions of chapter 893 or similar laws of any other state

18  relating to controlled substances within a 3-year period

19  immediately preceding the date on which the application is

20  submitted;

21         (f)  Does not chronically and habitually use alcoholic

22  beverages or other substances to the extent that his or her

23  normal faculties are impaired. It shall be presumed that an

24  applicant chronically and habitually uses alcoholic beverages

25  or other substances to the extent that his or her normal

26  faculties are impaired if the applicant has been committed

27  under chapter 397 or under the provisions of former chapter

28  396 or has been convicted under s. 790.151 or has been deemed

29  a habitual offender under s. 856.011(3), or has had two or

30  more convictions under s. 316.193 or similar laws of any other

31  

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 1  state, within the 3-year period immediately preceding the date

 2  on which the application is submitted;

 3         (g)  Desires a legal means to carry a concealed weapon

 4  or firearm for lawful self-defense;

 5         (h)  Demonstrates competence with a firearm by any one

 6  of the following:

 7         1.  Completion of any hunter education or hunter safety

 8  course approved by the Fish and Wildlife Conservation

 9  Commission or a similar agency of another state;

10         2.  Completion of any National Rifle Association

11  firearms safety or training course;

12         3.  Completion of any firearms safety or training

13  course or class available to the general public offered by a

14  law enforcement, junior college, college, or private or public

15  institution or organization or firearms training school,

16  utilizing instructors certified by the National Rifle

17  Association, Criminal Justice Standards and Training

18  Commission, or the Department of Agriculture and Consumer

19  Services;

20         4.  Completion of any law enforcement firearms safety

21  or training course or class offered for security guards,

22  investigators, special deputies, or any division or

23  subdivision of law enforcement or security enforcement;

24         5.  Presents evidence of equivalent experience with a

25  firearm through participation in organized shooting

26  competition or military service;

27         6.  Is licensed or has been licensed to carry a firearm

28  in this state or a county or municipality of this state,

29  unless such license has been revoked for cause; or

30  

31  

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 1         7.  Completion of any firearms training or safety

 2  course or class conducted by a state-certified or National

 3  Rifle Association certified firearms instructor;

 4  

 5  A photocopy of a certificate of completion of any of the

 6  courses or classes; or an affidavit from the instructor,

 7  school, club, organization, or group that conducted or taught

 8  said course or class attesting to the completion of the course

 9  or class by the applicant; or a copy of any document which

10  shows completion of the course or class or evidences

11  participation in firearms competition shall constitute

12  evidence of qualification under this paragraph; any person who

13  conducts a course pursuant to subparagraph 2., subparagraph

14  3., or subparagraph 7., or who, as an instructor, attests to

15  the completion of such courses, must maintain records

16  certifying that he or she observed the student safely handle

17  and discharge the firearm;

18         (i)  Has not been adjudicated an incapacitated person

19  under s. 744.331, or similar laws of any other state, unless 5

20  years have elapsed since the applicant's restoration to

21  capacity by court order;

22         (j)  Has not been committed to a mental institution

23  under chapter 394, or similar laws of any other state, unless

24  the applicant produces a certificate from a licensed

25  psychiatrist that he or she has not suffered from disability

26  for at least 5 years prior to the date of submission of the

27  application;

28         (k)  Has not had adjudication of guilt withheld or

29  imposition of sentence suspended on any felony or misdemeanor

30  crime of domestic violence unless 3 years have elapsed since

31  

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 1  probation or any other conditions set by the court have been

 2  fulfilled, or the record has been sealed or expunged;

 3         (l)  Has not been issued an injunction that is

 4  currently in force and effect and that restrains the applicant

 5  from committing acts of domestic violence or acts of repeat

 6  violence; and

 7         (m)  Is not prohibited from purchasing or possessing a

 8  firearm by any other provision of Florida or federal law.

 9         (3)  The Department of Agriculture and Consumer

10  Services shall deny a license if the applicant has been found

11  guilty of, had adjudication of guilt withheld for, or had

12  imposition of sentence suspended for one or more crimes of

13  violence constituting a misdemeanor, unless 3 years have

14  elapsed since probation or any other conditions set by the

15  court have been fulfilled or the record has been sealed or

16  expunged. The Department of Agriculture and Consumer Services

17  shall revoke a license if the licensee has been found guilty

18  of, had adjudication of guilt withheld for, or had imposition

19  of sentence suspended for one or more crimes of violence

20  within the preceding 3 years. The department shall, upon

21  notification by a law enforcement agency, a court, or the

22  Florida Department of Law Enforcement and subsequent written

23  verification, suspend a license or the processing of an

24  application for a license if the licensee or applicant is

25  arrested or formally charged with a crime that would

26  disqualify such person from having a license under this

27  section, until final disposition of the case. The department

28  shall suspend a license or the processing of an application

29  for a license if the licensee or applicant is issued an

30  injunction that restrains the licensee or applicant from

31  

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 1  committing acts of domestic violence or acts of repeat

 2  violence.

 3         Section 9.  Paragraph (c) of subsection (2) of section

 4  790.065, Florida Statutes, is amended to read:

 5         790.065  Sale and delivery of firearms.--

 6         (2)  Upon receipt of a request for a criminal history

 7  record check, the Department of Law Enforcement shall, during

 8  the licensee's call or by return call, forthwith:

 9         (c)1.  Review any records available to it to determine

10  whether the potential buyer or transferee has been indicted or

11  has had an information filed against her or him for an offense

12  that is a felony under either state or federal law, or, as

13  mandated by federal law, has had an injunction for protection

14  against domestic violence entered against the potential buyer

15  or transferee under s. 741.30, has had an injunction for

16  protection against repeat violence entered against the

17  potential buyer or transferee under s. 784.046, or has been

18  arrested for a dangerous crime as specified in s.

19  907.041(4)(a) or for any of the following enumerated offenses:

20         a.  Criminal anarchy under ss. 876.01 and 876.02.

21         b.  Extortion under s. 836.05.

22         c.  Explosives violations under s. 552.22(1) and (2).

23         d.  Controlled substances violations under chapter 893.

24         e.  Resisting an officer with violence under s. 843.01.

25         f.  Weapons and firearms violations under this chapter.

26         g.  Treason under s. 876.32.

27         h.  Assisting self-murder under s. 782.08.

28         i.  Sabotage under s. 876.38.

29         j.  Stalking or aggravated stalking under s. 784.048.

30  

31  

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 1  If the review indicates any such indictment, information, or

 2  arrest, the department shall provide to the licensee a

 3  conditional nonapproval number.

 4         2.  Within 24 working hours, the department shall

 5  determine the disposition of the indictment, information, or

 6  arrest and inform the licensee as to whether the potential

 7  buyer is prohibited from receiving or possessing a firearm.

 8  For purposes of this paragraph, "working hours" means the

 9  hours from 8 a.m. to 5 p.m. Monday through Friday, excluding

10  legal holidays.

11         3.  The office of the clerk of court, at no charge to

12  the department, shall respond to any department request for

13  data on the disposition of the indictment, information, or

14  arrest as soon as possible, but in no event later than 8

15  working hours.

16         4.  The department shall determine as quickly as

17  possible within the allotted time period whether the potential

18  buyer is prohibited from receiving or possessing a firearm.

19         5.  If the potential buyer is not so prohibited, or if

20  the department cannot determine the disposition information

21  within the allotted time period, the department shall provide

22  the licensee with a conditional approval number.

23         6.  If the buyer is so prohibited, the conditional

24  nonapproval number shall become a nonapproval number.

25         7.  The department shall continue its attempts to

26  obtain the disposition information and may retain a record of

27  all approval numbers granted without sufficient disposition

28  information.  If the department later obtains disposition

29  information which indicates:

30  

31  

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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         Section 10.  Subsection (10) of section 901.15, Florida

13  Statutes, is amended to read:

14         901.15  When arrest by officer without warrant is

15  lawful.--A law enforcement officer may arrest a person without

16  a warrant when:

17         (10)  The officer has probable cause to believe that

18  the person has knowingly committed an act of repeat violence

19  in violation of an injunction for protection from repeat

20  violence entered pursuant to s. 784.046 or a foreign

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

22  741.315.

23         Section 11.  Paragraph (e) of subsection (2) of section

24  943.05, Florida Statutes, is amended to read:

25         943.05  Criminal Justice Information Program; duties;

26  crime reports.--

27         (2)  The program shall:

28         (e)  Establish, implement, and maintain a Domestic and

29  Repeat Violence Injunction Statewide Verification System

30  capable of electronically transmitting information to and

31  between criminal justice agencies relating to domestic

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 1  violence injunctions and repeat violence injunctions against

 2  violence issued by the courts throughout the state. Such

 3  information must include, but is not limited to, information

 4  as to the existence and status of any such injunction for

 5  verification purposes.

 6         Section 12.  For the purpose of incorporating the

 7  amendment made by this act to section 784.048, Florida

 8  Statutes, in references thereto, paragraph (d) of subsection

 9  (1) of section 775.084, Florida Statutes, is reenacted to

10  read:

11         775.084  Violent career criminals; habitual felony

12  offenders and habitual violent felony offenders; three-time

13  violent felony offenders; definitions; procedure; enhanced

14  penalties or mandatory minimum prison terms.--

15         (1)  As used in this act:

16         (d)  "Violent career criminal" means a defendant for

17  whom the court must impose imprisonment pursuant to paragraph

18  (4)(d), if it finds that:

19         1.  The defendant has previously been convicted as an

20  adult three or more times for an offense in this state or

21  other qualified offense that is:

22         a.  Any forcible felony, as described in s. 776.08;

23         b.  Aggravated stalking, as described in s. 784.048(3)

24  and (4);

25         c.  Aggravated child abuse, as described in s.

26  827.03(2);

27         d.  Aggravated abuse of an elderly person or disabled

28  adult, as described in s. 825.102(2);

29         e.  Lewd or lascivious battery, lewd or lascivious

30  molestation, lewd or lascivious conduct, or lewd or lascivious

31  exhibition, as described in s. 800.04;

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 1         f.  Escape, as described in s. 944.40; or

 2         g.  A felony violation of chapter 790 involving the use

 3  or possession of a firearm.

 4         2.  The defendant has been incarcerated in a state

 5  prison or a federal prison.

 6         3.  The primary felony offense for which the defendant

 7  is to be sentenced is a felony enumerated in subparagraph 1.

 8  and was committed on or after October 1, 1995, and:

 9         a.  While the defendant was serving a prison sentence

10  or other sentence, or court-ordered or lawfully imposed

11  supervision that is imposed as a result of a prior conviction

12  for an enumerated felony; or

13         b.  Within 5 years after the conviction of the last

14  prior enumerated felony, or within 5 years after the

15  defendant's release from a prison sentence, probation,

16  community control, control release, conditional release,

17  parole, or court-ordered or lawfully imposed supervision or

18  other sentence that is imposed as a result of a prior

19  conviction for an enumerated felony, whichever is later.

20         4.  The defendant has not received a pardon for any

21  felony or other qualified offense that is necessary for the

22  operation of this paragraph.

23         5.  A conviction of a felony or other qualified offense

24  necessary to the operation of this paragraph has not been set

25  aside in any postconviction proceeding.

26         Section 13.  For the purpose of incorporating the

27  amendment made by this act to section 784.048, Florida

28  Statutes, in references thereto, paragraph (g) of subsection

29  (3) of section 921.0022, Florida Statutes, is reenacted to

30  read:

31  

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 1         921.0022  Criminal Punishment Code; offense severity

 2  ranking chart.--

 3         (3)  OFFENSE SEVERITY RANKING CHART

 4  

 5  Florida           Felony

 6  Statute           Degree             Description

 7  

 8                     

 9                              (g)  LEVEL 7

10  316.027(1)(b)      2nd      Accident involving death, failure

11                              to stop; leaving scene.

12  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

13                              injury.

14  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

15                              bodily injury.

16  402.319(2)         2nd      Misrepresentation and negligence

17                              or intentional act resulting in

18                              great bodily harm, permanent

19                              disfiguration, permanent

20                              disability, or death.

21  409.920(2)         3rd      Medicaid provider fraud.

22  456.065(2)         3rd      Practicing a health care

23                              profession without a license.

24  456.065(2)         2nd      Practicing a health care

25                              profession without a license

26                              which results in serious bodily

27                              injury.

28  458.327(1)         3rd      Practicing medicine without a

29                              license.

30  459.013(1)         3rd      Practicing osteopathic medicine

31                              without a license.

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 1  460.411(1)         3rd      Practicing chiropractic medicine

 2                              without a license.

 3  461.012(1)         3rd      Practicing podiatric medicine

 4                              without a license.

 5  462.17             3rd      Practicing naturopathy without a

 6                              license.

 7  463.015(1)         3rd      Practicing optometry without a

 8                              license.

 9  464.016(1)         3rd      Practicing nursing without a

10                              license.

11  465.015(2)         3rd      Practicing pharmacy without a

12                              license.

13  466.026(1)         3rd      Practicing dentistry or dental

14                              hygiene without a license.

15  467.201            3rd      Practicing midwifery without a

16                              license.

17  468.366            3rd      Delivering respiratory care

18                              services without a license.

19  483.828(1)         3rd      Practicing as clinical laboratory

20                              personnel without a license.

21  483.901(9)         3rd      Practicing medical physics

22                              without a license.

23  484.013(1)(c)      3rd      Preparing or dispensing optical

24                              devices without a prescription.

25  484.053            3rd      Dispensing hearing aids without a

26                              license.

27  

28  

29  

30  

31  

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 1  494.0018(2)        1st      Conviction of any violation of

 2                              ss. 494.001-494.0077 in which the

 3                              total money and property

 4                              unlawfully obtained exceeded

 5                              $50,000 and there were five or

 6                              more victims.

 7  560.123(8)(b)1.    3rd      Failure to report currency or

 8                              payment instruments exceeding

 9                              $300 but less than $20,000 by

10                              money transmitter.

11  560.125(5)(a)      3rd      Money transmitter business by

12                              unauthorized person, currency or

13                              payment instruments exceeding

14                              $300 but less than $20,000.

15  655.50(10)(b)1.    3rd      Failure to report financial

16                              transactions exceeding $300 but

17                              less than $20,000 by financial

18                              institution.

19  782.051(3)         2nd      Attempted felony murder of a

20                              person by a person other than the

21                              perpetrator or the perpetrator of

22                              an attempted felony.

23  782.07(1)          2nd      Killing of a human being by the

24                              act, procurement, or culpable

25                              negligence of another

26                              (manslaughter).

27  782.071            2nd      Killing of human being or viable

28                              fetus by the operation of a motor

29                              vehicle in a reckless manner

30                              (vehicular homicide).

31  

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 1  782.072            2nd      Killing of a human being by the

 2                              operation of a vessel in a

 3                              reckless manner (vessel

 4                              homicide).

 5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

 6                              causing great bodily harm or

 7                              disfigurement.

 8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

 9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.07(2)(d)       1st      Aggravated battery on law

15                              enforcement officer.

16  784.074(1)(a)      1st      Aggravated battery on sexually

17                              violent predators facility staff.

18  784.08(2)(a)       1st      Aggravated battery on a person 65

19                              years of age or older.

20  784.081(1)         1st      Aggravated battery on specified

21                              official or employee.

22  784.082(1)         1st      Aggravated battery by detained

23                              person on visitor or other

24                              detainee.

25  784.083(1)         1st      Aggravated battery on code

26                              inspector.

27  790.07(4)          1st      Specified weapons violation

28                              subsequent to previous conviction

29                              of s. 790.07(1) or (2).

30  790.16(1)          1st      Discharge of a machine gun under

31                              specified circumstances.

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 1  790.165(2)         2nd      Manufacture, sell, possess, or

 2                              deliver hoax bomb.

 3  790.165(3)         2nd      Possessing, displaying, or

 4                              threatening to use any hoax bomb

 5                              while committing or attempting to

 6                              commit a felony.

 7  790.166(3)         2nd      Possessing, selling, using, or

 8                              attempting to use a hoax weapon

 9                              of mass destruction.

10  790.166(4)         2nd      Possessing, displaying, or

11                              threatening to use a hoax weapon

12                              of mass destruction while

13                              committing or attempting to

14                              commit a felony.

15  796.03             2nd      Procuring any person under 16

16                              years for prostitution.

17  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

18                              victim less than 12 years of age;

19                              offender less than 18 years.

20  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

21                              victim 12 years of age or older

22                              but less than 16 years; offender

23                              18 years or older.

24  806.01(2)          2nd      Maliciously damage structure by

25                              fire or explosive.

26  810.02(3)(a)       2nd      Burglary of occupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(d)       2nd      Burglary of occupied conveyance;

31                              unarmed; no assault or battery.

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 1  812.014(2)(a)      1st      Property stolen, valued at

 2                              $100,000 or more; cargo stolen

 3                              valued at $50,000 or more;

 4                              property stolen while causing

 5                              other property damage; 1st degree

 6                              grand theft.

 7  812.014(2)(b)3.    2nd      Property stolen, emergency

 8                              medical equipment; 2nd degree

 9                              grand theft.

10  812.0145(2)(a)     1st      Theft from person 65 years of age

11                              or older; $50,000 or more.

12  812.019(2)         1st      Stolen property; initiates,

13                              organizes, plans, etc., the theft

14                              of property and traffics in

15                              stolen property.

16  812.131(2)(a)      2nd      Robbery by sudden snatching.

17  812.133(2)(b)      1st      Carjacking; no firearm, deadly

18                              weapon, or other weapon.

19  817.234(8)(a)      2nd      Solicitation of motor vehicle

20                              accident victims with intent to

21                              defraud.

22  817.234(9)         2nd      Organizing, planning, or

23                              participating in an intentional

24                              motor vehicle collision.

25  817.234(11)(c)     1st      Insurance fraud; property value

26                              $100,000 or more.

27  

28  

29  

30  

31  

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 1  817.2341(2)(b)&  (3)(b)1st      Making false entries of material

 2                              fact or false statements

 3                              regarding property values

 4                              relating to the solvency of an

 5                              insuring entity which are a

 6                              significant cause of the

 7                              insolvency of that entity.

 8  825.102(3)(b)      2nd      Neglecting an elderly person or

 9                              disabled adult causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  825.103(2)(b)      2nd      Exploiting an elderly person or

13                              disabled adult and property is

14                              valued at $20,000 or more, but

15                              less than $100,000.

16  827.03(3)(b)       2nd      Neglect of a child causing great

17                              bodily harm, disability, or

18                              disfigurement.

19  827.04(3)          3rd      Impregnation of a child under 16

20                              years of age by person 21 years

21                              of age or older.

22  837.05(2)          3rd      Giving false information about

23                              alleged capital felony to a law

24                              enforcement officer.

25  838.015            2nd      Bribery.

26  838.016            2nd      Unlawful compensation or reward

27                              for official behavior.

28  838.021(3)(a)      2nd      Unlawful harm to a public

29                              servant.

30  838.22             2nd      Bid tampering.

31  872.06             2nd      Abuse of a dead human body.

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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, school, or

 7                              state, county, or municipal park

 8                              or publicly owned recreational

 9                              facility or community center.

10  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

11                              cocaine or other drug prohibited

12                              under s. 893.03(1)(a), (1)(b),

13                              (1)(d), (2)(a), (2)(b), or

14                              (2)(c)4., within 1,000 feet of

15                              property used for religious

16                              services or a specified business

17                              site.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), (2)(b), or

21                              (2)(c)4. drugs).

22  893.135(1)(a)1.    1st      Trafficking in cannabis, more

23                              than 25 lbs., less than 2,000

24                              lbs.

25  893.135  (1)(b)1.a.1st      Trafficking in cocaine, more than

26                              28 grams, less than 200 grams.

27  893.135  (1)(c)1.a.1st      Trafficking in illegal drugs,

28                              more than 4 grams, less than 14

29                              grams.

30  

31  

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 1  893.135  (1)(d)1.  1st      Trafficking in phencyclidine,

 2                              more than 28 grams, less than 200

 3                              grams.

 4  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 5                              than 200 grams, less than 5

 6                              kilograms.

 7  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 8                              than 14 grams, less than 28

 9                              grams.

10  893.135  (1)(g)1.a.1st      Trafficking in flunitrazepam, 4

11                              grams or more, less than 14

12                              grams.

13  893.135  (1)(h)1.a.1st      Trafficking in

14                              gamma-hydroxybutyric acid (GHB),

15                              1 kilogram or more, less than 5

16                              kilograms.

17  893.135  (1)(j)1.a.1st      Trafficking in 1,4-Butanediol, 1

18                              kilogram or more, less than 5

19                              kilograms.

20  893.135  (1)(k)2.a.1st      Trafficking in Phenethylamines,

21                              10 grams or more, less than 200

22                              grams.

23  896.101(5)(a)      3rd      Money laundering, financial

24                              transactions exceeding $300 but

25                              less than $20,000.

26  896.104(4)(a)1.    3rd      Structuring transactions to evade

27                              reporting or registration

28                              requirements, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31  

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 1         Section 14.  This act shall take effect October 1,

 2  2004.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Provides for an injunction for protection in cases of
      violence rather than in cases of repeat violence.
 7    Provides requirements for a petition for protection
      against violence. Redesignates the Domestic, Dating, and
 8    Repeat Violence Injunction Statewide Verification System
      in the Department of Law Enforcement. Provides for
 9    service of process and enforcement of an injunction for
      protection against violence. Provides that it is a
10    first-degree misdemeanor to violate an injunction for
      protection against violence. Provides for the award of
11    attorney's fees, costs, and certain other expenses in
      specified circumstances related to the State Case
12    Registry and domestic violence. Revises the elements of
      the offense of aggravated stalking to prohibit certain
13    acts following an injunction for protection against
      violence rather than following an injunction for
14    protection against repeat violence. Authorizes arrest
      without a warrant when a law enforcement officer has
15    probable cause to believe that a person has knowingly
      committed an act of violence in violation of an
16    injunction for protection from violence.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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