Senate Bill sb0512er

    ENROLLED

    2005 Legislature                  CS for SB 512, 1st Engrossed



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  2         An act relating to protective injunctions;

  3         amending s. 784.046, F.S.; limiting the

  4         application of an evidentiary requirement with

  5         respect to injunctions for protection of minor

  6         children; providing an effective date.

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

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10         Section 1.  Paragraph (a) of subsection (4) of section

11  784.046, Florida Statutes, is amended to read:

12         784.046  Action by victim of repeat violence, sexual

13  violence, or dating violence for protective injunction; powers

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

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

16  statewide verification system; enforcement.--

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

18  of repeat violence, sexual violence, or dating violence and

19  shall include the specific facts and circumstances that form

20  the basis upon which relief is sought. With respect to a minor

21  child who is living at home, the parent or legal guardian

22  seeking the protective injunction on behalf of the minor child

23  must:

24         1.  Have been an eyewitness to, or have direct physical

25  evidence or affidavits from eyewitnesses of, the specific

26  facts and circumstances that which form the basis upon which

27  relief is sought, if the party against whom the protective

28  injunction is sought is also a parent, stepparent, or legal

29  guardian of the minor child; or

30         2.  Have reasonable cause to believe that the minor

31  child is a victim of repeat, sexual, or dating violence to


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




    ENROLLED

    2005 Legislature                  CS for SB 512, 1st Engrossed



 1  form the basis upon which relief is sought, if the party

 2  against whom the protective injunction is sought is a person

 3  other than a parent, stepparent, or legal guardian of the

 4  minor child.

 5         Section 2.  This act shall take effect upon becoming a

 6  law.

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