Senate Bill sb0322c1
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By the Committee on Judiciary; and Senator Saunders
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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)(a) There is created a separate cause of action for
14 an injunction for protection in cases of repeat violence,
15 there is created a separate cause of action for an injunction
16 for protection in cases of dating violence, and there is
17 created a separate cause of action for an injunction for
18 protection in cases of sexual violence.
19 1.(a) Any person who:
20 a. 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 b. 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 c. 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 2.(b) Any person who:
4 a. 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 b. 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 c. 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 3.(c) Any A person who is the victim of sexual
19 violence or is the parent or legal guardian of a minor child
20 who is living at home who is the victim of sexual violence has
21 standing in the circuit court to file a sworn petition for an
22 injunction for protection against sexual violence on his or
23 her own behalf or on behalf of the minor child if:
24 a.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 b.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 (b)(d) A cause of action for an injunction may be
5 sought whether or not any other petition, complaint, or cause
6 of action is currently available or pending between the
7 parties.
8 (c)(e) A cause of action for an injunction does not
9 require that the petitioner be represented by an attorney.
10 (3)(a) The clerk of the court shall provide a copy of
11 this section, simplified forms, and clerical assistance for
12 the preparation and filing of such a petition by any person
13 who is not represented by counsel.
14 (b) Notwithstanding any other law, the clerk of the
15 court may not assess a fee for filing a petition for
16 protection under this section against repeat violence, sexual
17 violence, or dating violence. However, subject to legislative
18 appropriation, the clerk of the court may, each quarter,
19 submit to the Office of the State Courts Administrator a
20 certified request for reimbursement for petitions for
21 protection issued by the court under this section at the rate
22 of $40 per petition. The request for reimbursement shall be
23 submitted in the form and manner prescribed by the Office of
24 the State Courts Administrator. From this reimbursement, the
25 clerk shall pay the law enforcement agency serving the
26 injunction the fee requested by the law enforcement agency;
27 however, this fee may not exceed $20.
28 (c) No bond shall be required by The court may not
29 require a bond for the entry of an injunction.
30 (d) The clerk of the court shall provide the
31 petitioner with a certified copy of any injunction for
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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 the such temporary injunction, no evidence other than the
24 verified pleading or affidavit may not shall be used as
25 evidence, unless the respondent appears at the hearing or has
26 received reasonable notice of the hearing.
27 (c) The Any such ex parte temporary injunction shall
28 be effective for a fixed period not to exceed 15 days.
29 However, an ex parte temporary injunction granted under
30 subparagraph (2)(c)2. is effective for 15 days following the
31 date the respondent is released from incarceration. A full
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1 hearing, as provided by this section, shall be set for a date
2 no later than the date when the temporary injunction ceases to
3 be effective. The court may grant a continuance of the ex
4 parte injunction and the full hearing before or during a
5 hearing, 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 injunctions for protection pursuant to s.
24 741.30 and this section domestic violence injunctions, dating
25 violence injunctions, sexual violence injunctions, and repeat
26 violence injunctions issued by the courts throughout the
27 state. The Such information must include, but need is not be
28 limited to, information as to the existence and status of any
29 injunction for verification purposes.
30 (c)1. Within 24 hours after the court issues, changes,
31 or vacates an injunction for protection against repeat
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1 violence, sexual violence, or dating violence or changes or
2 vacates an injunction for protection against repeat violence,
3 sexual violence, or dating violence, the clerk of the court
4 must forward a copy of the injunction to the sheriff with
5 jurisdiction over the residence of the petitioner.
6 2. Within 24 hours after service of process of an
7 injunction for protection against repeat violence, sexual
8 violence, or dating violence upon a respondent, the law
9 enforcement officer must forward the written proof of service
10 of process to the sheriff with jurisdiction over the residence
11 of the petitioner.
12 3. Within 24 hours after the sheriff receives a
13 certified copy of the injunction for protection against repeat
14 violence, sexual violence, or dating violence, the sheriff
15 must make information relating to the injunction available to
16 other law enforcement agencies by electronically transmitting
17 the such information to the department.
18 4. Within 24 hours after the sheriff or other law
19 enforcement officer has made service upon the respondent and
20 the sheriff has been so notified, the sheriff must make
21 information relating to the service available to other law
22 enforcement agencies by electronically transmitting the such
23 information to the department.
24 5. Within 24 hours after an injunction for protection
25 against repeat violence, sexual violence, or dating violence
26 is lifted, terminated, or otherwise rendered no longer
27 effective by ruling of the court, the clerk of the court must
28 notify the sheriff or local law enforcement agency receiving
29 original notification of the injunction as provided in
30 subparagraph 2. That agency shall, within 24 hours after
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1 receiving the such notification from the clerk of the court,
2 notify the department of the such action of the court.
3 (9)(a) The court shall enforce, through a civil or
4 criminal contempt proceeding, a violation of an injunction for
5 protection. The court may enforce the respondent's compliance
6 with the injunction by imposing a monetary assessment. The
7 clerk of the court shall collect and receive such assessments.
8 On a monthly basis, the clerk shall transfer the moneys
9 collected pursuant to this paragraph to the State Treasury for
10 deposit in the Crimes Compensation Trust Fund established in
11 s. 960.21.
12 (b) If the respondent is arrested by a law enforcement
13 officer under s. 901.15(10) for committing any of the acts of
14 violence as are defined in s. 784.046(1) an act of repeat
15 violence, sexual violence, or dating violence in violation of
16 an injunction for protection, the respondent shall be held in
17 custody until brought before the court as expeditiously as
18 possible for the purpose of enforcing the injunction and for
19 admittance to bail in accordance with chapter 903 and the
20 applicable rules of criminal procedure, pending a hearing.
21 (10) The petitioner or the respondent may move the
22 court to modify or dissolve an injunction at any time.
23 (11) A law enforcement officer acting in good faith
24 under this section and the officer's employing agency shall be
25 immune from all liability, civil or criminal, that might
26 otherwise be incurred or imposed by reason of the officer's or
27 agency's actions in carrying out the provisions of this
28 section.
29 Section 3. Section 784.047, Florida Statutes, is
30 amended to read:
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1 784.047 Penalties for violating protective injunction
2 against violators.--A person who willfully violates an
3 injunction for protection against repeat violence or dating
4 violence, issued pursuant to s. 784.046, or a foreign
5 protection order accorded full faith and credit pursuant to s.
6 741.315 by:
7 (1) Refusing to vacate the dwelling that the parties
8 share;
9 (2) Going to the petitioner's residence, school, place
10 of employment, or a specified place frequented regularly by
11 the petitioner and any named family or household member;
12 (3) Committing any of the acts of violence as are
13 defined in s. 784.046(1) an act of repeat violence or dating
14 violence against the petitioner;
15 (4) Committing any other violation of the injunction
16 through an intentional unlawful threat, word, or act to do
17 violence to the petitioner; or
18 (5) Telephoning, contacting, or otherwise
19 communicating with the petitioner directly or indirectly,
20 unless the injunction specifically allows indirect contact
21 through a third party;
22
23 commits a misdemeanor of the first degree, punishable as
24 provided in s. 775.082 or s. 775.083.
25 Section 4. Paragraph (a) of subsection (3) of section
26 61.1825, Florida Statutes, is amended to read:
27 61.1825 State Case Registry.--
28 (3)(a) For the purpose of this section, a family
29 violence indicator must be placed on a record when:
30 1. A party executes a sworn statement requesting that
31 a family violence indicator be placed on that party's record
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1 which states that the party has reason to believe that release
2 of information to the Federal Case Registry may result in
3 physical or emotional harm to the party or the child; or
4 2. A temporary or final injunction for protection
5 against domestic violence has been granted pursuant to s.
6 741.30(6), an injunction for protection against domestic
7 violence has been issued by a court of a foreign state
8 pursuant to s. 741.315, or a temporary or final injunction for
9 protection against repeat violence has been granted pursuant
10 to s. 784.046; or
11 3. The department has received information on a Title
12 IV-D case from the Domestic Violence and Repeat Violence
13 Injunction Statewide Verification System, established pursuant
14 to s. 784.046 s. 784.046(8)(b), that a court has granted a
15 party an a domestic violence or repeat violence injunction for
16 protection pursuant to s. 741.30 or s. 784.046.
17 Section 5. Subsection (3) of section 741.2901, Florida
18 Statutes, is amended to read:
19 741.2901 Domestic violence cases; prosecutors;
20 legislative intent; investigation; duty of circuits; first
21 appearance.--
22 (3) Prior to a defendant's first appearance in any
23 charge of domestic violence as defined in s. 741.28, the State
24 Attorney's Office shall perform a thorough investigation of
25 the defendant's history, including, but not limited to: prior
26 arrests for domestic violence, prior arrests for nondomestic
27 charges, prior injunctions for protection issued pursuant to
28 s. 741.30 or s. 784.046 which list against domestic and repeat
29 violence filed listing the defendant as respondent and noting
30 history of other victims, and prior walk-in domestic
31 complaints filed against the defendant. This information shall
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1 be presented at first appearance, when setting bond, and when
2 passing sentence, for consideration by the court. When a
3 defendant is arrested for an act of domestic violence, the
4 defendant shall be held in custody until brought before the
5 court for admittance to bail in accordance with chapter 903.
6 In determining bail, the court shall consider the safety of
7 the victim, the victim's children, and any other person who
8 may be in danger if the defendant is released.
9 Section 6. Paragraph (c) of subsection (2), paragraph
10 (a) of subsection (6), and paragraph (b) of subsection (8) of
11 section 741.30, Florida Statutes, as amended by section 113 of
12 chapter 2003-402, Laws of Florida, are amended to read:
13 741.30 Domestic violence; injunction; powers and
14 duties of court and clerk; petition; notice and hearing;
15 temporary injunction; issuance of injunction; statewide
16 verification system; enforcement.--
17 (2)
18 (c)1. The clerk of the court shall assist petitioners
19 in seeking both injunctions for protection against domestic
20 violence and enforcement for a violation thereof as specified
21 in this section.
22 2. All clerks' offices shall provide simplified
23 petition forms for the injunction, any modifications, and the
24 enforcement thereof, including instructions for completion.
25 3. The clerk of the court shall advise petitioners of
26 the opportunity to apply for a certificate of indigence in
27 lieu of prepayment for the cost of the filing fee, as provided
28 in paragraph (a).
29 3.4. The clerk of the court shall ensure the
30 petitioner's privacy to the extent practical while completing
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1 the forms for injunctions for protection against domestic
2 violence.
3 4.5. The clerk of the court shall provide petitioners
4 with a minimum of two certified copies of the order of
5 injunction, one of which is serviceable and will inform the
6 petitioner of the process for service and enforcement.
7 5.6. Clerks of court and appropriate staff in each
8 county shall receive training in the effective assistance of
9 petitioners as provided or approved by the Florida Association
10 of Court Clerks.
11 6.7. The clerk of the court in each county shall make
12 available informational brochures on domestic violence when
13 such brochures are provided by local certified domestic
14 violence centers.
15 7.8. The clerk of the court in each county shall
16 distribute a statewide uniform informational brochure to
17 petitioners at the time of filing for an injunction for
18 protection issued pursuant to this section or s. 784.046
19 against domestic or repeat violence when such brochures become
20 available. The brochure must include information about the
21 effect of giving the court false information about domestic
22 violence.
23 (6)(a) Upon notice and hearing, when it appears to the
24 court that the petitioner is either the victim of domestic
25 violence as defined by s. 741.28 or has reasonable cause to
26 believe he or she is in imminent danger of becoming a victim
27 of domestic violence, the court may grant such relief as the
28 court deems proper, including an injunction:
29 1. Restraining the respondent from committing any acts
30 of domestic violence.
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1 2. Awarding to the petitioner the exclusive use and
2 possession of the dwelling that the parties share or excluding
3 the respondent from the residence of the petitioner.
4 3. On the same basis as provided in chapter 61,
5 awarding temporary custody of, or temporary visitation rights
6 with regard to, a minor child or children of the parties.
7 4. On the same basis as provided in chapter 61,
8 establishing temporary support for a minor child or children
9 or the petitioner.
10 5. Ordering the respondent to participate in
11 treatment, intervention, or counseling services to be paid for
12 by the respondent. When the court orders the respondent to
13 participate in a batterers' intervention program, the court,
14 or any entity designated by the court, must provide the
15 respondent with a list of all certified batterers'
16 intervention programs and all programs which have submitted an
17 application to the Department of Corrections to become
18 certified under s. 741.325, from which the respondent must
19 choose a program in which to participate. If there are no
20 certified batterers' intervention programs in the circuit, the
21 court shall provide a list of acceptable programs from which
22 the respondent must choose a program in which to participate.
23 6. Referring a petitioner to a certified domestic
24 violence center. The court must provide the petitioner with a
25 list of certified domestic violence centers in the circuit
26 which the petitioner may contact.
27 7. Ordering such other relief as the court deems
28 necessary for the protection of a victim of domestic violence,
29 including injunctions or directives to law enforcement
30 agencies, as provided in this section.
31
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1 If the court has entered an ex parte temporary injunction and
2 determines at the extension hearing that the petitioner did
3 not have reasonable cause to believe that he or she was in
4 danger of becoming the victim of an act of domestic violence,
5 or if the court finds that the petitioner knowingly provided
6 false information to the court regarding the alleged domestic
7 violence, the court may award respondent reasonable attorney's
8 fees and costs and the reasonable reimbursement of temporary
9 living expenses resulting from the issuance of the ex parte
10 temporary injunction.
11 (8)
12 (b) The There shall be created a Domestic and Repeat
13 Violence Injunction Statewide Verification System is created
14 within the Department of Law Enforcement. The department shall
15 establish, implement, and maintain a statewide communication
16 system capable of electronically transmitting information to
17 and between criminal justice agencies relating to domestic
18 violence injunctions and repeat violence injunctions issued by
19 the courts throughout the state. Such information must
20 include, but is not limited to, information as to the
21 existence and status of any injunction for verification
22 purposes.
23 Section 7. Subsection (4) of section 784.048, Florida
24 Statutes, is amended to read:
25 784.048 Stalking; definitions; penalties.--
26 (4) Any person who, after an injunction for protection
27 issued against repeat violence or dating violence pursuant to
28 s. 784.046, or an injunction for protection against domestic
29 violence issued pursuant to s. 741.30, or after any other
30 court-imposed prohibition of conduct toward the subject person
31 or that person's property, knowingly, willfully, maliciously,
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1 and repeatedly follows, harasses, or cyberstalks another
2 person commits the offense of aggravated stalking, a felony of
3 the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084.
5 Section 8. Subsections (2) and (3) of section 790.06,
6 Florida Statutes, are amended to read:
7 790.06 License to carry concealed weapon or firearm.--
8 (2) The Department of Agriculture and Consumer
9 Services shall issue a license if the applicant:
10 (a) Is a resident of the United States or is a
11 consular security official of a foreign government that
12 maintains diplomatic relations and treaties of commerce,
13 friendship, and navigation with the United States and is
14 certified as such by the foreign government and by the
15 appropriate embassy in this country;
16 (b) Is 21 years of age or older;
17 (c) Does not suffer from a physical infirmity which
18 prevents the safe handling of a weapon or firearm;
19 (d) Is not ineligible to possess a firearm pursuant to
20 s. 790.23 by virtue of having been convicted of a felony;
21 (e) Has not been committed for the abuse of a
22 controlled substance or been found guilty of a crime under the
23 provisions of chapter 893 or similar laws of any other state
24 relating to controlled substances within a 3-year period
25 immediately preceding the date on which the application is
26 submitted;
27 (f) Does not chronically and habitually use alcoholic
28 beverages or other substances to the extent that his or her
29 normal faculties are impaired. It shall be presumed that an
30 applicant chronically and habitually uses alcoholic beverages
31 or other substances to the extent that his or her normal
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1 faculties are impaired if the applicant has been committed
2 under chapter 397 or under the provisions of former chapter
3 396 or has been convicted under s. 790.151 or has been deemed
4 a habitual offender under s. 856.011(3), or has had two or
5 more convictions under s. 316.193 or similar laws of any other
6 state, within the 3-year period immediately preceding the date
7 on which the application is submitted;
8 (g) Desires a legal means to carry a concealed weapon
9 or firearm for lawful self-defense;
10 (h) Demonstrates competence with a firearm by any one
11 of the following:
12 1. Completion of any hunter education or hunter safety
13 course approved by the Fish and Wildlife Conservation
14 Commission or a similar agency of another state;
15 2. Completion of any National Rifle Association
16 firearms safety or training course;
17 3. Completion of any firearms safety or training
18 course or class available to the general public offered by a
19 law enforcement, junior college, college, or private or public
20 institution or organization or firearms training school,
21 utilizing instructors certified by the National Rifle
22 Association, Criminal Justice Standards and Training
23 Commission, or the Department of Agriculture and Consumer
24 Services;
25 4. Completion of any law enforcement firearms safety
26 or training course or class offered for security guards,
27 investigators, special deputies, or any division or
28 subdivision of law enforcement or security enforcement;
29 5. Presents evidence of equivalent experience with a
30 firearm through participation in organized shooting
31 competition or military service;
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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 the 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 any of the acts of violence as are defined in
9 s. 741.28(2) or s. 784.046(1) acts of domestic violence or
10 acts of repeat violence; and
11 (m) Is not prohibited from purchasing or possessing a
12 firearm by any other provision of Florida or federal law.
13 (3) The Department of Agriculture and Consumer
14 Services shall deny a license if the applicant has been found
15 guilty of, had adjudication of guilt withheld for, or had
16 imposition of sentence suspended for one or more crimes of
17 violence constituting a misdemeanor, unless 3 years have
18 elapsed since probation or any other conditions set by the
19 court have been fulfilled or the record has been sealed or
20 expunged. The Department of Agriculture and Consumer Services
21 shall revoke a license if the licensee has been found guilty
22 of, had adjudication of guilt withheld for, or had imposition
23 of sentence suspended for one or more crimes of violence
24 within the preceding 3 years. The department shall, upon
25 notification by a law enforcement agency, a court, or the
26 Florida Department of Law Enforcement and subsequent written
27 verification, suspend a license or the processing of an
28 application for a license if the licensee or applicant is
29 arrested or formally charged with a crime that would
30 disqualify such person from having a license under this
31 section, until final disposition of the case. The department
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1 shall suspend a license or the processing of an application
2 for a license if the licensee or applicant is issued an
3 injunction that restrains the licensee or applicant from
4 committing acts of domestic violence or acts of repeat
5 violence.
6 Section 9. Paragraph (c) of subsection (2) of section
7 790.065, Florida Statutes, is amended to read:
8 790.065 Sale and delivery of firearms.--
9 (2) Upon receipt of a request for a criminal history
10 record check, the Department of Law Enforcement shall, during
11 the licensee's call or by return call, forthwith:
12 (c)1. Review any records available to it to determine
13 whether the potential buyer or transferee has been indicted or
14 has had an information filed against her or him for an offense
15 that is a felony under either state or federal law, or, as
16 mandated by federal law, has had an injunction for protection
17 against domestic violence entered against the potential buyer
18 or 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.
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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:
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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 any of the acts of violence
19 as are defined in s. 784.046(1) an act of repeat violence in
20 violation of an injunction for protection from repeat violence
21 entered pursuant to s. 784.046 or a foreign protection order
22 accorded full faith and credit pursuant to s. 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 injunctions for
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1 protection issued pursuant to ss. 741.30 and 784.046 domestic
2 violence injunctions and repeat violence injunctions issued by
3 the courts throughout the state. The Such information must
4 include, but is not limited to, information as to the
5 existence and status of any such injunction for verification
6 purposes.
7 Section 12. For the purpose of incorporating the
8 amendment made by this act to section 784.048, Florida
9 Statutes, in references thereto, paragraph (d) of subsection
10 (1) of section 775.084, Florida Statutes, is reenacted to
11 read:
12 775.084 Violent career criminals; habitual felony
13 offenders and habitual violent felony offenders; three-time
14 violent felony offenders; definitions; procedure; enhanced
15 penalties or mandatory minimum prison terms.--
16 (1) As used in this act:
17 (d) "Violent career criminal" means a defendant for
18 whom the court must impose imprisonment pursuant to paragraph
19 (4)(d), if it finds that:
20 1. The defendant has previously been convicted as an
21 adult three or more times for an offense in this state or
22 other qualified offense that is:
23 a. Any forcible felony, as described in s. 776.08;
24 b. Aggravated stalking, as described in s. 784.048(3)
25 and (4);
26 c. Aggravated child abuse, as described in s.
27 827.03(2);
28 d. Aggravated abuse of an elderly person or disabled
29 adult, as described in s. 825.102(2);
30
31
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1 e. Lewd or lascivious battery, lewd or lascivious
2 molestation, lewd or lascivious conduct, or lewd or lascivious
3 exhibition, as described in s. 800.04;
4 f. Escape, as described in s. 944.40; or
5 g. A felony violation of chapter 790 involving the use
6 or possession of a firearm.
7 2. The defendant has been incarcerated in a state
8 prison or a federal prison.
9 3. The primary felony offense for which the defendant
10 is to be sentenced is a felony enumerated in subparagraph 1.
11 and was committed on or after October 1, 1995, and:
12 a. While the defendant was serving a prison sentence
13 or other sentence, or court-ordered or lawfully imposed
14 supervision that is imposed as a result of a prior conviction
15 for an enumerated felony; or
16 b. Within 5 years after the conviction of the last
17 prior enumerated felony, or within 5 years after the
18 defendant's release from a prison sentence, probation,
19 community control, control release, conditional release,
20 parole, or court-ordered or lawfully imposed supervision or
21 other sentence that is imposed as a result of a prior
22 conviction for an enumerated felony, whichever is later.
23 4. The defendant has not received a pardon for any
24 felony or other qualified offense that is necessary for the
25 operation of this paragraph.
26 5. A conviction of a felony or other qualified offense
27 necessary to the operation of this paragraph has not been set
28 aside in any postconviction proceeding.
29 Section 13. For the purpose of incorporating the
30 amendment made by this act to section 784.048, Florida
31 Statutes, in references thereto, paragraph (g) of subsection
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1 (3) of section 921.0022, Florida Statutes, is reenacted to
2 read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
10
11 (g) LEVEL 7
12 316.027(1)(b) 2nd Accident involving death, failure
13 to stop; leaving scene.
14 316.193(3)(c)2. 3rd DUI resulting in serious bodily
15 injury.
16 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
17 bodily injury.
18 402.319(2) 2nd Misrepresentation and negligence
19 or intentional act resulting in
20 great bodily harm, permanent
21 disfiguration, permanent
22 disability, or death.
23 409.920(2) 3rd Medicaid provider fraud.
24 456.065(2) 3rd Practicing a health care
25 profession without a license.
26 456.065(2) 2nd Practicing a health care
27 profession without a license
28 which results in serious bodily
29 injury.
30 458.327(1) 3rd Practicing medicine without a
31 license.
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1 459.013(1) 3rd Practicing osteopathic medicine
2 without a license.
3 460.411(1) 3rd Practicing chiropractic medicine
4 without a license.
5 461.012(1) 3rd Practicing podiatric medicine
6 without a license.
7 462.17 3rd Practicing naturopathy without a
8 license.
9 463.015(1) 3rd Practicing optometry without a
10 license.
11 464.016(1) 3rd Practicing nursing without a
12 license.
13 465.015(2) 3rd Practicing pharmacy without a
14 license.
15 466.026(1) 3rd Practicing dentistry or dental
16 hygiene without a license.
17 467.201 3rd Practicing midwifery without a
18 license.
19 468.366 3rd Delivering respiratory care
20 services without a license.
21 483.828(1) 3rd Practicing as clinical laboratory
22 personnel without a license.
23 483.901(9) 3rd Practicing medical physics
24 without a license.
25 484.013(1)(c) 3rd Preparing or dispensing optical
26 devices without a prescription.
27 484.053 3rd Dispensing hearing aids without a
28 license.
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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Florida Senate - 2004 CS for SB 322
308-1293-04
1 Section 14. This act shall take effect October 1,
2 2004.
3
4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 SB 322
6
7 - Reorganizes subsections (2) and (3) of section 784.046 to
clarify that the bill upon becoming law will recognize the
8 existence of three separate causes of injunctive relief under
section 784.046: the newly created injunction against violence
9 (which replaces the injunction against repeat violence), the
existing injunction against dating violence, and the existing
10 injunction against sexual violence.
11 - Includes cross-references to the respective underlying
statutory section that authorizes the issuance of the
12 protective injunction rather that listing out every time each
of the different types of protective injunctions that the law
13 provides.
14 - Corrects oversights that have occurred over the last two
years when dating violence injunctions and sexual violence
15 injunctions were added to the law but were not incorporated to
all applicable statutory provisions. Therefore, everything
16 that was applicable to repeat violence injunctions will now be
applicable to injunctions against violence, against sexual
17 violence and against dating violence.
18 - Deletes a provision, which was made obsolete by the
statutory prohibition against filing fees for protective
19 injunctions, that required the clerks of the court to advise a
petitioner about the option to file a certificate of indigence
20 to avoid payment of a filing fee.
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