| 1 | A bill to be entitled |
| 2 | An act relating to domestic violence; amending s. 741.29, |
| 3 | F.S.; providing for access by the alleged victim to |
| 4 | certain materials that are part of an active criminal |
| 5 | investigation of an incident of domestic violence that are |
| 6 | exempt from disclosure under specified provisions; |
| 7 | provides for continuing exemption of material from |
| 8 | disclosure; amending s. 741.30, F.S.; providing for law |
| 9 | enforcement officers to obtain verbal emergency protection |
| 10 | orders immediately following incidents of domestic |
| 11 | violence; providing for officers to reduce such orders to |
| 12 | writing; providing for expiration of such orders; |
| 13 | specifying procedures relating to such orders; amending s. |
| 14 | 943.1702, F.S.; requiring collection of statistics on |
| 15 | noncriminal judicial actions concerning domestic violence; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (2) of section 741.29, Florida |
| 21 | Statutes, is amended to read: |
| 22 | 741.29 Domestic violence; investigation of incidents; |
| 23 | notice to victims of legal rights and remedies; reporting.-- |
| 24 | (2) When a law enforcement officer investigates an |
| 25 | allegation that an incident of domestic violence has occurred, |
| 26 | the officer shall handle the incident pursuant to the arrest |
| 27 | policy provided in s. 901.15(7), and as developed in accordance |
| 28 | with subsections (3), (4), and (5). Whether or not an arrest is |
| 29 | made, the officer shall make a written police report that is |
| 30 | complete and clearly indicates the alleged offense was an |
| 31 | incident of domestic violence. Such report shall be given to the |
| 32 | officer's supervisor and filed with the law enforcement agency |
| 33 | in a manner that will permit data on domestic violence cases to |
| 34 | be compiled. Such report must include: |
| 35 | (a) A description of physical injuries observed, if any. |
| 36 | (b) If a law enforcement officer decides not to make an |
| 37 | arrest or decides to arrest two or more parties, the officer |
| 38 | shall include in the report the grounds for not arresting anyone |
| 39 | or for arresting two or more parties. |
| 40 | (c) A statement which indicates that a copy of the legal |
| 41 | rights and remedies notice was given to the victim. |
| 42 |
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| 43 | Whenever possible, the law enforcement officer shall obtain a |
| 44 | written statement from the victim and witnesses concerning the |
| 45 | alleged domestic violence. The officer shall submit the report |
| 46 | to the supervisor or other person to whom the employer's rules |
| 47 | or policies require reports of similar allegations of criminal |
| 48 | activity to be made. The law enforcement agency shall, without |
| 49 | charge, send a copy of the initial police report, as well as any |
| 50 | subsequent, supplemental, or related report, which excludes |
| 51 | victim/witness statements or other materials that are part of an |
| 52 | active criminal investigation and are exempt from disclosure |
| 53 | under chapter 119, to the nearest locally certified domestic |
| 54 | violence center within 24 hours after the agency's receipt of |
| 55 | the report. The report furnished to the domestic violence center |
| 56 | must include a narrative description of the domestic violence |
| 57 | incident. The report furnished to the domestic violence center |
| 58 | shall also include victim and witness statements or other |
| 59 | materials that are part of an active criminal investigation and |
| 60 | are exempt from disclosure under chapter 119; however, such |
| 61 | statements and materials shall retain their exempt status when |
| 62 | held by the locally certified domestic violence center and shall |
| 63 | not be accessed by persons other than the victim. |
| 64 | Section 2. Subsection (5) of section 741.30, Florida |
| 65 | Statutes, is amended to read: |
| 66 | 741.30 Domestic violence injunctions; injunction; powers |
| 67 | and duties of court and clerk; petition; notice and hearing; |
| 68 | temporary injunction; issuance of injunction; statewide |
| 69 | verification system; enforcement.-- |
| 70 | (5)(a)1.a. In an emergency situation immediately following |
| 71 | an incident of domestic violence by a household member, an |
| 72 | emergency protection order may be issued if a law enforcement |
| 73 | officer states under oath to the court in person, by telephone, |
| 74 | in writing, or via facsimile the facts he or she believes show |
| 75 | that an emergency protection order is needed and the court finds |
| 76 | reasonable grounds to believe that the victim or the victim's |
| 77 | child is in immediate danger of domestic violence. Such an |
| 78 | emergency protection order expires 72 hours after issuance or at |
| 79 | the end of the next judicial day, whichever time is later, or |
| 80 | upon request of the victim. The time of expiration shall be |
| 81 | clearly stated on the emergency protection order. |
| 82 | b. Following the judge's issuance of the emergency |
| 83 | protection order, the law enforcement officer shall: |
| 84 | (I) If the order is verbal, reduce the emergency |
| 85 | protection order to writing on an approved form provided by the |
| 86 | court, outline the grounds justifying issuance, and sign and |
| 87 | date the order. |
| 88 | (II) If possible, serve a signed copy of the order on the |
| 89 | offender and victim at the scene of the domestic violence |
| 90 | dispute. |
| 91 | (III) Complete the appropriate affidavit of service and |
| 92 | file the affidavit with the issuing court by the close of |
| 93 | business on the next judicial day. |
| 94 | (IV) If the order was reduced to writing and signed by the |
| 95 | officer, file the original, signed emergency order with the |
| 96 | issuing court by the close of business on the next judicial day. |
| 97 | 2. In a nonemergency situation, but when it appears to the |
| 98 | court that an immediate and present danger of domestic violence |
| 99 | exists, the court may grant a temporary injunction ex parte, |
| 100 | pending a full hearing. |
| 101 | (b) In either an emergency protection order or an ex parte |
| 102 | temporary injunction order, the court , and may grant such |
| 103 | relief as it the court deems proper, including an injunction: |
| 104 | 1. Restraining the respondent from committing any acts of |
| 105 | domestic violence. |
| 106 | 2. Awarding to the petitioner the temporary exclusive use |
| 107 | and possession of the dwelling that the parties share or |
| 108 | excluding the respondent from the residence of the petitioner. |
| 109 | 3. On the same basis as provided in s. 61.13, granting to |
| 110 | the petitioner temporary custody of a minor child. An order of |
| 111 | temporary custody remains in effect until the order expires or |
| 112 | an order is entered by a court of competent jurisdiction in a |
| 113 | pending or subsequent civil action or proceeding affecting the |
| 114 | placement of, access to, parental time with, adoption of, or |
| 115 | parental rights and responsibilities for the minor child. |
| 116 | (c)(b) In a hearing ex parte for the purpose of obtaining |
| 117 | an such ex parte temporary injunction, no evidence other than |
| 118 | verified pleadings or affidavits shall be used as evidence, |
| 119 | unless the respondent appears at the hearing or has received |
| 120 | reasonable notice of the hearing. A denial of a petition for an |
| 121 | ex parte injunction shall be by written order noting the legal |
| 122 | grounds for denial. When the only ground for denial is no |
| 123 | appearance of an immediate and present danger of domestic |
| 124 | violence, the court shall set a full hearing on the petition for |
| 125 | injunction with notice at the earliest possible time. Nothing |
| 126 | herein affects a petitioner's right to promptly amend any |
| 127 | petition, or otherwise be heard in person on any petition |
| 128 | consistent with the Florida Rules of Civil Procedure. |
| 129 | (d)(c) Except for emergency protection orders issued under |
| 130 | subparagraph (a)1., an Any such ex parte temporary injunction |
| 131 | shall be effective for a fixed period not to exceed 15 days. A |
| 132 | full hearing, as provided by this section, shall be set for a |
| 133 | date no later than the date when the emergency protection order |
| 134 | or ex parte temporary injunction ceases to be effective. The |
| 135 | court may grant a continuance of the hearing before or during a |
| 136 | hearing for good cause shown by any party, which shall include a |
| 137 | continuance to obtain service of process. Any emergency |
| 138 | protection order or ex parte temporary injunction shall be |
| 139 | extended if necessary to remain in full force and effect during |
| 140 | any period of continuance. |
| 141 | Section 3. Subsection (2) of section 943.1702, Florida |
| 142 | Statutes, is amended to read: |
| 143 | 943.1702 Collection of statistics on domestic violence.-- |
| 144 | (2) Each agency in the state that which is involved with |
| 145 | the enforcement, monitoring, or prosecution of crimes of |
| 146 | domestic violence or, as to noncriminal actions related to |
| 147 | domestic violence, including petitions seeking injunctions for |
| 148 | protection, the judicial branch, shall collect and maintain |
| 149 | records of each domestic violence incident for access by |
| 150 | investigators preparing for bond hearings and prosecutions for |
| 151 | acts of domestic violence. This information shall be provided to |
| 152 | the court at first appearance hearings and all subsequent |
| 153 | hearings. |
| 154 | Section 4. This act shall take effect October 1, 2006. |