HB 0495

1	A bill to be entitled
2	An act relating to protective injunctions from repeat,
3	sexual, and dating violence; amending s. 784.046, F.S.;
4	providing that a petitioner for an injunction for
5	protection against sexual violence may list the address of
6	his or her current residence in a separate confidential
7	filing in certain circumstances; revising requirements
8	relating to documents filed in support of such petition;
9	deleting a provision providing for service of the
10	petition, notice of hearing, and any temporary injunction
11	in circumstances where the respondent is in the custody of
12	the Department of Corrections; deleting a provision
13	authorizing service by a correctional officer and
14	specifying the circumstances of such service; revising a
15	cross reference to conform; amending ss. 784.047, and
16	784.08, F.S; clarifying cross references to conform;
17	amending s. 901.15, F.S.; deleting a provision authorizing
18	an officer to make an arrest without a warrant in certain
19	circumstances; amending s. 20.165, F.S.; revising a cross
20	reference to conform; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Paragraph (b) of subsection (4), paragraph (a)
25	of subsection (8), and paragraph (b) of subsection (9) of
26	section 784.046, Florida Statutes, are amended to read:
27	784.046  Action by victim of repeat violence, sexual
28	violence, or dating violence for protective injunction; powers
29	and duties of court and clerk of court; filing and form of
30	petition; notice and hearing; temporary injunction; issuance;
31	statewide verification system; enforcement.--
32	(4)
33	(b)  The sworn petition must be in substantially the
34	following form:
35
36	PETITION FOR INJUNCTION FOR PROTECTION
37	AGAINST REPEAT VIOLENCE, SEXUAL
38	VIOLENCE, OR DATING VIOLENCE
39
40	Before me, the undersigned authority, personally appeared
41	Petitioner ...  (Name)  ..., who has been sworn and says that
42	the following statements are true:
43
44	1.  Petitioner resides at ...  (address)  ...  (A
45	petitioner for an injunction for protection against sexual
46	violence may furnish an address to the court in a separate
47	confidential filing if, for safety reasons, the petitioner
48	requires the location of his or her current residence to be
49	confidential pursuant to s. 119.07(3)(s), Florida Statutes.)
50	...
51	2.  Respondent resides at ...  (address)  ...
52	3.a.  Petitioner has suffered repeat violence as
53	demonstrated by the fact that the respondent has:
54	...  (enumerate incidents of violence)  ...
55
56	________________________________________
57	________________________________________
58	________________________________________
59
60	b.  Petitioner has suffered sexual violence as demonstrated
61	by the fact that the respondent has: (enumerate incident of
62	violence and include attach incident report number from by law
63	enforcement agency or attach notice of inmate release.)
64
65	________________________________________
66	________________________________________
67	________________________________________
68
69	c.  Petitioner is a victim of dating violence and has
70	reasonable cause to believe that he or she is in imminent danger
71	of becoming the victim of another act of dating violence or has
72	reasonable cause to believe that he or she is in imminent danger
73	of becoming a victim of dating violence, as demonstrated by the
74	fact that the respondent has: ...  (list the specific incident
75	or incidents of violence and describe the length of time of the
76	relationship, whether it has been in existence during the last 6
77	months, the nature of the relationship of a romantic or intimate
78	nature, the frequency and type of interaction, and any other
79	facts that characterize the relationship.)  ...
80
81	________________________________________
82	________________________________________
83	________________________________________
84
85	4.  Petitioner genuinely fears repeat violence by the
86	respondent.
87	5.  Petitioner seeks: an immediate injunction against the
88	respondent, enjoining him or her from committing any further
89	acts of violence; an injunction enjoining the respondent from
90	committing any further acts of violence; and an injunction
91	providing any terms the court deems necessary for the protection
92	of the petitioner and the petitioner's immediate family,
93	including any injunctions or directives to law enforcement
94	agencies.
95	(8)(a)1.  The clerk of the court shall furnish a copy of
96	the petition, notice of hearing, and temporary injunction, if
97	any, to the sheriff or a law enforcement agency of the county
98	where the respondent resides or can be found, who shall serve it
99	upon the respondent as soon thereafter as possible on any day of
100	the week and at any time of the day or night. The clerk of the
101	court shall be responsible for furnishing to the sheriff such
102	information on the respondent's physical description and
103	location as is required by the department to comply with the
104	verification procedures set forth in this section.
105	Notwithstanding any other provision of law to the contrary, the
106	chief judge of each circuit, in consultation with the
107	appropriate sheriff, may authorize a law enforcement agency
108	within the chief judge's jurisdiction to effect this type of
109	service and to receive a portion of the service fee. No person
110	shall be authorized or permitted to serve or execute an
111	injunction issued under this section unless the person is a law
112	enforcement officer as defined in chapter 943.
113	2.  If the respondent is in the custody of the Department
114	of Corrections and the petition for an injunction has been filed
115	as provided in subparagraph (2)(c)2., the clerk of the court
116	shall furnish a copy of the petition, notice of hearing, and
117	temporary injunction, if any, to the Department of Corrections
118	and copies shall be served upon the respondent as soon
119	thereafter as possible on any day of the week and at any time of
120	the day or night. The petition, notice of hearing, or temporary
121	injunction may be served in a state prison by a correctional
122	officer as defined in chapter 943. If the respondent in custody
123	is not served before his or her release, a copy of the petition,
124	notice of hearing, and temporary injunction, if any, shall be
125	forwarded to the sheriff of the county specified in the
126	respondent's release plan for service as provided in
127	subparagraph 1.
128	2.3.  When an injunction is issued, if the petitioner
129	requests the assistance of a law enforcement agency, the court
130	may order that an officer from the appropriate law enforcement
131	agency accompany the petitioner and assist in the execution or
132	service of the injunction. A law enforcement officer shall
133	accept a copy of an injunction for protection against repeat
134	violence, sexual violence, or dating violence, certified by the
135	clerk of the court, from the petitioner and immediately serve it
136	upon a respondent who has been located but not yet served.
137	(9)
138	(b)  If the respondent is arrested by a law enforcement
139	officer under s. 901.15(6)(10) for committing an act of repeat
140	violence, sexual violence, or dating violence in violation of an
141	injunction for protection, the respondent shall be held in
142	custody until brought before the court as expeditiously as
143	possible for the purpose of enforcing the injunction and for
144	admittance to bail in accordance with chapter 903 and the
145	applicable rules of criminal procedure, pending a hearing.
146	Section 2.  Section 784.047, Florida Statutes, is amended
147	to read:
148	784.047  Penalties for violating protective injunction
149	against violators.--A person who willfully violates an
150	injunction for protection against repeat violence, sexual
151	violence, or dating violence, issued pursuant to s. 784.046, or
152	a foreign protection order accorded full faith and credit
153	pursuant to s. 741.315 by:
154	(1)  Refusing to vacate the dwelling that the parties
155	share;
156	(2)  Going to the petitioner's residence, school, place of
157	employment, or a specified place frequented regularly by the
158	petitioner and any named family or household member;
159	(3)  Committing an act of repeat violence, sexual violence,
160	or dating violence against the petitioner;
161	(4)  Committing any other violation of the injunction
162	through an intentional unlawful threat, word, or act to do
163	violence to the petitioner; or
164	(5)  Telephoning, contacting, or otherwise communicating
165	with the petitioner directly or indirectly, unless the
166	injunction specifically allows indirect contact through a third
167	party;
168
169	commits a misdemeanor of the first degree, punishable as
170	provided in s. 775.082 or s. 775.083.
171	Section 3.  Subsection (4) of section 784.048, Florida
172	Statutes, is amended to read:
173	784.048  Stalking; definitions; penalties.--
174	(4)  Any person who, after an injunction for protection
175	against repeat violence, sexual violence, or dating violence
176	pursuant to s. 784.046, or an injunction for protection against
177	domestic violence pursuant to s. 741.30, or after any other
178	court-imposed prohibition of conduct toward the subject person
179	or that person's property, knowingly, willfully, maliciously,
180	and repeatedly follows, harasses, or cyberstalks another person
181	commits the offense of aggravated stalking, a felony of the
182	third degree, punishable as provided in s. 775.082, s. 775.083,
183	or s. 775.084.
184	Section 4.  Subsection (10) of section 901.15, Florida
185	Statutes, is amended, and present subsections (11) through (16)
186	are redesignated as subsections (10) through (15), respectively,
187	to read:
188	901.15  When arrest by officer without warrant is lawful.--
189	A law enforcement officer may arrest a person without a warrant
190	when:
191	(10)  The officer has probable cause to believe that the
192	person has knowingly committed an act of repeat violence in
193	violation of an injunction for protection from repeat violence
194	entered pursuant to s. 784.046 or a foreign protection order
195	accorded full faith and credit pursuant to s. 741.315.
196	Section 5.  Paragraph (b) of subsection (9) of section
197	20.165, Florida Statutes, is amended to read:
198	20.165  Department of Business and Professional
199	Regulation.--There is created a Department of Business and
200	Professional Regulation.
201	(9)
202	(b)  All employees certified under chapter 943 as law
203	enforcement officers shall have felony arrest powers under s.
204	901.15(10)(11) and shall have all the powers of deputy sheriffs
205	to:
206	1.  Investigate, enforce, and prosecute, throughout the
207	state, violations and violators of:
208	a.  Parts I and II of chapter 210; part VII of chapter 559;
209	and chapters 561-569; and the rules promulgated thereunder, as
210	well as other state laws which the division, all state law
211	enforcement officers, or beverage enforcement agents are
212	specifically authorized to enforce.
213	b.  All other state laws, provided that the employee
214	exercises the powers of a deputy sheriff, only after
215	consultation and in coordination with the appropriate local
216	sheriff's office, and only if the violation could result in an
217	administrative proceeding against a license or permit issued by
218	the division.
219	2.  Enforce all criminal laws of the state within specified
220	jurisdictions when the division is a party to a written mutual
221	aid agreement with a state agency, sheriff, or municipal police
222	department, or when the division participates in the Florida
223	Mutual Aid Plan during a declared state emergency.
224	Section 6.  This act shall take effect July 1, 2004.

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