HB 1213

1
A bill to be entitled
2An act relating to domestic violence and stalking;
3amending s. 741.28, F.S.; redefining the term "domestic
4violence"; amending s. 784.046, F.S.; removing the terms
5"stalking" and "aggravated stalking" from the definition
6of "violence" as it pertains to repeat violence, sexual
7violence, or dating violence; requiring the clerk of the
8court to assess a fee for filing a petition for protection
9against repeat violence; authorizing the court to require
10the respondent to reimburse the victim the amount of the
11filing fee; creating s. 784.0485, F.S.; creating a cause
12of action for an injunction for protection against
13stalking or cyberstalking; providing that any person who
14is the victim of stalking or cyberstalking or has
15reasonable cause to believe that there is a credible
16threat that he or she is in imminent danger of becoming
17the victim of any act of stalking or cyberstalking has
18standing in the circuit court to file a sworn petition for
19an injunction for protection against stalking or
20cyberstalking; providing that attorneys are not required
21to represent the parties; prohibiting a court from issuing
22mutual orders of protection; providing an exception for
23issuing separate orders of protection; providing for the
24venue where the petition for the injunction may be filed;
25defining terms; providing for the functions and duties of
26the clerk of the circuit court; specifying the form and
27content of the petition for injunction for protection
28against stalking or cyberstalking; providing for the
29issuance of a temporary injunction ex parte when there is
30an immediate and present danger of stalking or
31cyberstalking against the petitioner; requiring that any
32ex parte temporary injunction be effective for a fixed
33period not to exceed 15 days; providing for a hearing
34after notice; providing for the content of the injunction
35issued for protection from stalking or cyberstalking;
36specifying the criteria for "reasonable cause" for
37determining whether the injunction for protection should
38be issued; providing that the injunction and other relief
39ordered for the protection of the victim remain in effect
40until modified or dissolved; authorizing either party to
41move at any time to modify or dissolve the injunction;
42requiring the clerk of the circuit court to furnish a copy
43of the documents to the sheriff; providing the duties and
44functions of the sheriff's office; requiring the sheriff
45to assist the victim to execute the orders of the court;
46creating the Stalking and Cyberstalking Injunction
47Statewide Verification System within the Department of Law
48Enforcement; requiring the department to establish,
49implement, and maintain a statewide communication system
50capable of electronically transmitting information to and
51between criminal justice agencies relating to stalking or
52cyberstalking injunctions issued by the courts throughout
53the state; authorizing the court to enforce a violation of
54an injunction for protection against stalking or
55cyberstalking through a civil or criminal contempt
56proceeding or the state attorney to prosecute it as a
57criminal violation; creating s. 784.0487, F.S.; providing
58remedies for a willful violation of an injunction for
59protection against stalking or cyberstalking; specifying
60the grounds that violate the injunction; providing
61criminal penalties; providing that a person who suffers an
62injury or loss as a result of a violation of an injunction
63for protection against stalking or cyberstalking may be
64awarded economic damages for that injury or loss,
65including costs and attorney's fees; providing an
66effective date.
67
68Be It Enacted by the Legislature of the State of Florida:
69
70     Section 1.  Subsection (2) of section 741.28, Florida
71Statutes, is amended to read:
72     741.28  Domestic violence; definitions.-As used in ss.
73     741.28-741.31:
74     (2)  "Domestic violence" means any assault, aggravated
75assault, battery, aggravated battery, sexual assault, sexual
76battery, stalking, cyberstalking, aggravated stalking,
77kidnapping, false imprisonment, burglary, criminal mischief,
78trespass, harassing, obscene telephone calls, or any criminal
79offense resulting in physical injury or death of one family or
80household member, or pet, by another family or household member.
81     Section 2.  Paragraphs (a) and (b) of subsection (1) and
82paragraph (b) of subsection (3) of section 784.046, Florida
83Statutes, are amended to read:
84     784.046  Action by victim of repeat violence, sexual
85violence, or dating violence for protective injunction; dating
86violence investigations, notice to victims, and reporting;
87pretrial release violations.-
88     (1)  As used in this section, the term:
89     (a)  "Violence" means any assault, aggravated assault,
90battery, aggravated battery, sexual assault, sexual battery,
91stalking, aggravated stalking, kidnapping, or false
92imprisonment, or any criminal offense resulting in physical
93injury or death, by a person against any other person.
94     (b)  "Repeat violence" means two incidents of violence or
95stalking committed by the respondent, one of which must have
96been within 6 months of the filing of the petition, which are
97directed against the petitioner or the petitioner's immediate
98family member.
99     (3)
100     (b)1.  Notwithstanding any other law, the clerk of the
101court may not assess a fee for filing a petition for protection
102against repeat violence, sexual violence, or dating violence.
103However, subject to legislative appropriation, the clerk of the
104court may, each quarter, submit to the Office of the State
105Courts Administrator a certified request for reimbursement for
106petitions for protection, other than for repeat violence, issued
107by the court under this section at the rate of $40 per petition.
108The request for reimbursement shall be submitted in the form and
109manner prescribed by the Office of the State Courts
110Administrator. From this reimbursement, the clerk shall pay the
111law enforcement agency serving the injunction the fee requested
112by the law enforcement agency; however, this fee may not exceed
113$20.
114     2.  The clerk of the court shall assess a fee for filing a
115petition for protection against repeat violence in the amount of
116$75 per petition. If the court determines that the petitioner is
117a victim of repeat violence and an injunction is entered, the
118court may order the respondent to reimburse the victim the
119amount of the filing fee.
120     Section 3.  Section 784.0485, Florida Statutes, is created
121to read:
122     784.0485  Stalking or cyberstalking; injunction; powers and
123duties of court and clerk; petition; notice and hearing;
124temporary injunction; issuance of injunction; statewide
125verification system; enforcement.-
126     (1)  There is created a cause of action for an injunction
127for protection against stalking or cyberstalking.
128     (a)  Any person who is the victim of stalking or
129cyberstalking or who has reasonable cause to believe that there
130is a credible threat that he or she is in imminent danger of
131becoming the victim of any act of stalking or cyberstalking has
132standing in the circuit court to file a sworn petition for an
133injunction for protection against stalking or cyberstalking.
134     (b)  This cause of action for an injunction may be sought
135regardless of whether any other cause of action is currently
136pending between the parties. However, the pendency of any such
137cause of action shall be alleged in the petition.
138     (c)  The cause of action for an injunction may be sought by
139any affected person. A person is not precluded from seeking
140injunctive relief pursuant to this section solely on the basis
141that the person is not a spouse.
142     (d)  This cause of action for an injunction does not
143require either party to be represented by an attorney.
144     (e)  Any person, including an officer of the court, who
145offers evidence or recommendations relating to the cause of
146action must present the evidence or recommendations in writing
147to the court, with copies provided to each party and their
148attorney, or must present the evidence under oath at a hearing
149at which all parties are present.
150     (f)  This section does not affect the title to any real
151estate.
152     (g)  The court may not issue mutual orders of protection;
153however, the court is not precluded from issuing separate
154injunctions for protection against stalking or cyberstalking if
155each party has complied with the provisions of this section.
156Compliance with this section may not be waived.
157     (h)  Notwithstanding any provision of chapter 47, a
158petition for an injunction for protection against stalking or
159cyberstalking may be filed in the circuit where the petitioner
160currently or temporarily resides, where the respondent resides,
161or where the stalking or cyberstalking occurred. There is no
162minimum requirement of residency to petition for an injunction
163for protection.
164     (2)  As used in this section, the term:
165     (a)  "Course of conduct" means a pattern of conduct
166composed of a series of acts over a period of time, however
167short, evidencing a continuity of purpose. The term does not
168include constitutionally protected activity. Such
169constitutionally protected activity includes picketing or other
170organized protests.
171     (b)  "Credible threat" means a threat made with the intent
172to cause the person who is the target of the threat to
173reasonably fear for his or her safety. The threat must be
174against the life of, or a threat to cause bodily injury to, a
175person.
176     (c)  "Cyberstalk" means to engage in a course of conduct to
177communicate, or to cause to be communicated, words, images, or
178language by or through the use of electronic mail or electronic
179communication, directed at a specific person, causing
180substantial emotional distress to that person and serving no
181legitimate purpose.
182     (d)  "Harassment" means to engage in a course of conduct
183directed at a specific person which causes substantial emotional
184distress in such person and serves no legitimate purpose.
185     (e)  "Stalking" means the repeated and obsessive harassment
186of a person by another who, through a course of conduct,
187presents a credible threat to the victim in ways that alarm and
188frighten the victim. Typically, stalking begins with annoying or
189threatening phone calls, letters, or electronic communications
190and escalates to constant following or surveillance.
191     (3)(a)  Notwithstanding any other law, the assessment of a
192filing fee for a petition for protection against stalking is
193prohibited. However, subject to legislative appropriation, the
194clerk of the circuit court may, on a quarterly basis, submit to
195the Office of the State Courts Administrator a certified request
196for reimbursement for petitions for protection against stalking
197issued by the court, at the rate of $40 per petition. The
198request for reimbursement shall be submitted in the form and
199manner prescribed by the Office of the State Courts
200Administrator. From this reimbursement, the clerk shall pay any
201law enforcement agency serving the injunction the fee requested
202by the law enforcement agency; however, this fee may not exceed
203$20.
204     (b)  A bond is not required by the court for the entry of
205an injunction.
206     (c)1.  The clerk of the court shall assist petitioners in
207seeking both injunctions for protection against stalking and
208enforcement of a violation thereof as specified in this section.
209     2.  All offices of the clerk of the court shall provide
210simplified petition forms for the injunction and any
211modifications to and the enforcement thereof, including
212instructions for completion.
213     3.  The clerk of the court shall ensure the petitioner's
214privacy to the extent practicable while completing the forms for
215injunctions for protection against stalking.
216     4.  The clerk of the court shall provide petitioners with a
217minimum of two certified copies of the order of injunction, one
218of which is serviceable and will inform the petitioner of the
219process for service and enforcement.
220     5.  Clerks of court and appropriate staff in each county
221shall receive training in the effective assistance of
222petitioners as provided or approved by the Florida Association
223of Court Clerks.
224     6.  The clerk of the court in each county shall make
225available informational brochures on stalking when such
226brochures are provided by local certified violence centers.
227     7.  The clerk of the court in each county shall distribute
228a statewide uniform informational brochure to petitioners at the
229time of filing for an injunction for protection against stalking
230or cyberstalking when such brochures become available. The
231brochure must include information about the effect of giving the
232court false information.
233     (4)(a)  The sworn petition shall allege the existence of
234such stalking and shall include the specific facts and
235circumstances for which relief is sought.
236     (b)  The sworn petition shall be in substantially the
237following form:
238
239
PETITION FOR
240
INJUNCTION FOR PROTECTION
241
AGAINST STALKING
242
243Before me, the undersigned authority, personally appeared
244Petitioner ...(Name)..., who has been sworn and says that the
245following statements are true:
246     (a)  Petitioner resides at: ...(address)...
247     (Petitioner may furnish address to the court in a separate
248confidential filing if, for safety reasons, the petitioner
249requires the location of the current residence to be
250confidential.)
251     (b)  Respondent resides at: ...(last known address)...
252     (c)  Respondent's last known place of employment: ...(name
253of business and address)...
254     (d)  Physical description of respondent: ....
255     Race ....
256     Sex ....
257     Date of birth ....
258     Height ....
259     Weight ....
260     Eye color ....
261     Hair color ....
262     Distinguishing marks or scars ....
263     (e)  Aliases of respondent: ....
264     (f)  The following describes any other cause of action
265currently pending between the petitioner and respondent:
266     
267     The petitioner should also describe any previous or pending
268attempts by the petitioner to obtain an injunction for
269protection against stalking in this or any other circuit, and
270the results of that attempt. (Case numbers should be included if
271available.)
272     
273     (g)  Petitioner is a victim of stalking or cyberstalking or
274has reasonable cause to believe he or she is in imminent danger
275of becoming a victim of stalking or cyberstalking because
276respondent has ....(Mark all sections that apply and describe in
277the spaces below the incidents of violence or threats of
278violence, specifying when and where they occurred, including,
279but not limited to, locations such as a home, school, or place
280of employment.)
281     .... committed or threatened to commit stalking.
282     .... previously threatened, harassed, stalked,
283cyberstalked, or physically abused the petitioner.
284     .... threatened to harm the petitioner or family members or
285individuals closely associated with the petitioner.
286     .... intentionally injured or killed a family pet.
287     .... used, or has threatened to use, against the petitioner
288any weapons such as guns or knives.
289     .... a criminal history involving violence or the threat of
290violence (if known).
291     .... another order of protection issued against him or her
292previously or from another jurisdiction (if known).
293     .... destroyed personal property, including, but not
294limited to, telephones or other communication equipment,
295clothing, or other items belonging to the petitioner.
296     .... engaged in any other behavior or conduct that leads
297the petitioner to have reasonable cause to believe that he or
298she is in imminent danger of becoming a victim of stalking or
299cyberstalking.
300     (h)  Petitioner genuinely fears imminent stalking or
301cyberstalking by respondent.
302     (i)  Petitioner seeks an injunction: (Mark appropriate
303section or sections.)
304     .... Immediately restraining the respondent from committing
305any acts of stalking or cyberstalking.
306     .... Restraining the respondent from committing any acts of
307stalking or cyberstalking.
308     .... Directing the respondent to participate in a
309batterers' intervention program or other treatment pursuant to
310s. 39.901, Florida Statutes.
311     .... Providing any terms the court deems necessary for the
312protection of a victim of stalking or cyberstalking, including
313any injunctions or directives to law enforcement agencies.
314     (j)  Every petition for an injunction against stalking or
315cyberstalking shall contain, directly above the signature line,
316a statement in all capital letters and bold type not smaller
317than the surrounding text, as follows:
318
319I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
320EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
321THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
322UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
323SECTION 837.02, FLORIDA STATUTES.
324...(initials)...
325
326     (5)  Upon the filing of the petition, the court shall set a
327hearing to be held at the earliest possible time. The respondent
328shall be personally served with a copy of the petition, notice
329of hearing, and temporary injunction, if any, before the
330hearing.
331     (6)(a)  If it appears to the court that an immediate and
332present danger of stalking or cyberstalking exists, the court
333may grant a temporary injunction ex parte, pending a full
334hearing, and may grant such relief as the court deems proper,
335including an injunction restraining the respondent from
336committing any acts of stalking or cyberstalking.
337     (b)  In a hearing ex parte for the purpose of obtaining
338such ex parte temporary injunction, no evidence other than
339verified pleadings or affidavits shall be used as evidence,
340unless the respondent appears at the hearing or has received
341reasonable notice of the hearing. A denial of a petition for an
342ex parte injunction shall be by written order noting the legal
343grounds for denial. If the only ground for denial is no
344appearance of an immediate and present danger of stalking or
345cyberstalking, the court shall set a full hearing on the
346petition for injunction with notice at the earliest possible
347time. Nothing herein affects a petitioner's right to promptly
348amend any petition, or otherwise be heard in person on any
349petition consistent with the Florida Rules of Civil Procedure.
350     (c)  Any such ex parte temporary injunction shall be
351effective for a fixed period not to exceed 15 days. A full
352hearing, as provided in this section, shall be set for a date no
353later than the date when the temporary injunction ceases to be
354effective. The court may grant a continuance of the hearing
355before or during a hearing for good cause shown by any party,
356which shall include a continuance to obtain service of process.
357Any injunction shall be extended if necessary to remain in full
358force and effect during any period of continuance.
359     (7)(a)  Upon notice and hearing, when it appears to the
360court that the petitioner is the victim of stalking or
361cyberstalking as defined in subsection (2) or has reasonable
362cause to believe that there is a credible threat that he or she
363is in imminent danger of becoming a victim of stalking or
364cyberstalking, the court may grant such relief as the court
365deems proper, including an injunction:
366     1.  Restraining the respondent from committing any acts of
367stalking or cyberstalking.
368     2.  Ordering the respondent to participate in treatment,
369intervention, or counseling services to be paid for by the
370respondent. When the court orders the respondent to participate
371in a batterers' intervention program, the court, or any entity
372designated by the court, must provide the respondent with a list
373of all certified batterers' intervention programs and all
374programs that have submitted an application to the Department of
375Children and Family Services to become certified under s.
376741.32, from which the respondent must choose a program in which
377to participate. If there are no certified batterers'
378intervention programs in the circuit, the court shall provide a
379list of acceptable programs from which the respondent must
380choose a program in which to participate.
381     3.  Referring a petitioner to a certified violence center.
382The court must provide the petitioner with a list of certified
383violence centers in the circuit which the petitioner may
384contact.
385     4.  Ordering such other relief as the court deems necessary
386for the protection of a victim of stalking or cyberstalking,
387including injunctions or directives to law enforcement agencies,
388as provided in this section.
389     (b)  In determining whether a petitioner has reasonable
390cause to believe that there is a credible threat that he or she
391is in imminent danger of becoming a victim of stalking or
392cyberstalking, the court shall consider and evaluate all
393relevant factors alleged in the petition, including, but not
394limited to:
395     1.  The history between the petitioner and the respondent,
396including threats, harassment, stalking or cyberstalking, and
397physical abuse.
398     2.  Whether the respondent has attempted to harm the
399petitioner or family members or individuals closely associated
400with the petitioner.
401     3.  Whether the respondent has intentionally injured or
402killed a family pet.
403     4.  Whether the respondent has used, or has threatened to
404use, against the petitioner any weapons such as guns or knives.
405     5.  Whether the respondent has a criminal history involving
406violence or the threat of violence.
407     6.  The existence of a verifiable order of protection
408issued previously or from another jurisdiction.
409     7.  Whether the respondent has destroyed personal property,
410including, but not limited to, telephones or other
411communications equipment, clothing, or other items belonging to
412the petitioner.
413     8.  Whether the respondent engaged in any other behavior or
414conduct that leads the petitioner to have reasonable cause to
415believe that there is a credible threat that he or she is in
416imminent danger of becoming a victim of stalking or
417cyberstalking.
418
419In making its determination under this paragraph, the court is
420not limited to those factors enumerated in subparagraphs 1.-8.
421     (c)  The terms of an injunction restraining the respondent
422under subparagraph (a)1. or ordering other relief for the
423protection of the victim under subparagraph (a)4. shall remain
424in effect until modified or dissolved. Either party may move at
425any time to modify or dissolve the injunction. No specific
426allegations are required. Such relief may be granted in addition
427to other civil or criminal remedies.
428     (d)  A temporary or final judgment on injunction for
429protection against stalking or cyberstalking entered pursuant to
430this section shall, on its face, indicate that:
431     1.  The injunction is valid and enforceable in all counties
432of the State of Florida.
433     2.  Law enforcement officers may use their arrest powers
434pursuant to s. 901.15(6) to enforce the terms of the injunction.
435     3.  The court had jurisdiction over the parties and matter
436under the laws of Florida and that reasonable notice and
437opportunity to be heard was given to the person against whom the
438order is sought sufficient to protect that person's right to due
439process.
440     4.  The date that the respondent was served with the
441temporary or final order, if obtainable.
442     (e)  An injunction for protection against stalking or
443cyberstalking entered pursuant to this section, on its face, may
444order that the respondent attend a batterers' intervention
445program as a condition of the injunction. Unless the court makes
446written factual findings in its judgment or order which are
447based on substantial evidence, stating why batterers'
448intervention programs would be inappropriate, the court shall
449order the respondent to attend a batterers' intervention program
450if:
451     1.  It finds that the respondent willfully violated the ex
452parte injunction;
453     2.  The respondent, in this state or any other state, has
454been convicted of, had adjudication withheld on, or pled nolo
455contendere to a crime involving violence or a threat of
456violence; or
457     3.  The respondent, in this state or any other state, has
458had at any time a prior injunction for protection entered
459against the respondent after a hearing with notice.
460
461It is mandatory that such programs be certified under s. 741.32.
462     (f)  The fact that a separate order of protection is
463granted to each opposing party is not legally sufficient to deny
464any remedy to either party or to prove that the parties are
465equally at fault or equally endangered.
466     (g)  A final judgment on injunction for protection against
467stalking or cyberstalking entered pursuant to this section must,
468on its face, indicate that it is a violation of s. 790.233 and a
469first-degree misdemeanor for the respondent to have in his or
470her care, custody, possession, or control any firearm or
471ammunition.
472     (h)  All proceedings under this subsection shall be
473recorded. Recording may be by electronic means as provided by
474the Rules of Judicial Administration.
475     (8)  The court shall allow an advocate from a state
476attorney's office, an advocate from a law enforcement agency, or
477an advocate from a certified violence center who is registered
478under s. 39.905 to be present with the petitioner or respondent
479during any court proceedings or hearings related to the
480injunction for protection if the petitioner or respondent has
481made such a request and the advocate is able to be present.
482     (9)(a)1.  The clerk of the court shall furnish a copy of
483the petition, notice of hearing, and temporary injunction, if
484any, to the sheriff or a law enforcement agency of the county
485where the respondent resides or can be found, who shall serve it
486upon the respondent as soon thereafter as possible on any day of
487the week and at any time of the day or night. When requested by
488the sheriff, the clerk of the court may transmit a facsimile
489copy of an injunction that has been certified by the clerk of
490the court, and this facsimile copy may be served in the same
491manner as a certified copy. Upon receiving a facsimile copy, the
492sheriff must verify receipt with the sender before attempting to
493serve it on the respondent. In addition, if the sheriff is in
494possession of an injunction for protection that has been
495certified by the clerk of the court, the sheriff may transmit a
496facsimile copy of that injunction to a law enforcement officer
497who shall serve it in the same manner as a certified copy. The
498clerk of the court shall furnish to the sheriff such information
499concerning the respondent's physical description and location as
500is required by the department to comply with the verification
501procedures set forth in this section. Notwithstanding any other
502provision of law to the contrary, the chief judge of each
503circuit, in consultation with the appropriate sheriff, may
504authorize a law enforcement agency within the jurisdiction to
505effect service. A law enforcement agency serving injunctions
506pursuant to this section shall use service and verification
507procedures consistent with those of the sheriff.
508     2.  When an injunction is issued, if the petitioner
509requests the assistance of a law enforcement agency, the court
510may order that an officer from the appropriate law enforcement
511agency accompany the petitioner to assist in the execution or
512service of the injunction. A law enforcement officer shall
513accept a copy of an injunction for protection against stalking,
514certified by the clerk of the court, from the petitioner and
515immediately serve it upon a respondent who has been located but
516not yet served.
517     3.  All orders issued, changed, continued, extended, or
518vacated subsequent to the original service of documents
519enumerated under subparagraph 1. shall be certified by the clerk
520of the court and delivered to the parties at the time of the
521entry of the order. The parties may acknowledge receipt of such
522order in writing on the face of the original order. If a party
523fails or refuses to acknowledge the receipt of a certified copy
524of an order, the clerk shall note on the original order that
525service was effected. If delivery at the hearing is not
526possible, the clerk shall mail certified copies of the order to
527the parties at the last known address of each party. Service by
528mail is complete upon mailing. When an order is served pursuant
529to this subsection, the clerk shall prepare a written
530certification to be placed in the court file specifying the
531time, date, and method of service and shall notify the sheriff.
532
533If the respondent has been served previously with the temporary
534injunction and has failed to appear at the initial hearing on
535the temporary injunction, any subsequent petition for injunction
536seeking an extension of time may be served on the respondent by
537the clerk of the court by certified mail in lieu of personal
538service by a law enforcement officer.
539     (b)  There is created a Stalking and Cyberstalking
540Injunction Statewide Verification System within the Department
541of Law Enforcement. The department shall establish, implement,
542and maintain a statewide communication system capable of
543electronically transmitting information to and between criminal
544justice agencies relating to stalking or cyberstalking
545injunctions issued by the courts throughout the state. Such
546information must include, but is not limited to, information as
547to the existence and status of any injunction for verification
548purposes.
549     (c)1.  Within 24 hours after the court issues an injunction
550for protection against stalking or cyberstalking or changes,
551continues, extends, or vacates an injunction for protection
552against stalking or cyberstalking, the clerk of the court must
553forward a certified copy of the injunction for service to the
554sheriff having jurisdiction over the residence of the
555petitioner. The injunction must be served in accordance with
556this subsection.
557     2.  Within 24 hours after service of process of an
558injunction for protection against stalking or cyberstalking upon
559a respondent, the law enforcement officer must forward the
560written proof of service of process to the sheriff having
561jurisdiction over the residence of the petitioner.
562     3.  Within 24 hours after the sheriff receives a certified
563copy of the injunction for protection against stalking or
564cyberstalking, the sheriff must make information relating to the
565injunction available to other law enforcement agencies by
566electronically transmitting such information to the department.
567     4.  Within 24 hours after the sheriff or other law
568enforcement officer has made service upon the respondent and the
569sheriff has been so notified, the sheriff must make information
570relating to the service available to other law enforcement
571agencies by electronically transmitting such information to the
572department.
573     5.  Within 24 hours after an injunction for protection
574against stalking or cyberstalking is vacated, terminated, or
575otherwise rendered no longer effective by ruling of the court,
576the clerk of the court must notify the sheriff receiving
577original notification of the injunction as provided in
578subparagraph 2. That agency shall, within 24 hours after
579receiving such notification from the clerk of the court, notify
580the department of such action of the court.
581     (10)(a)  The court may enforce a violation of an injunction
582for protection against stalking or cyberstalking through a civil
583or criminal contempt proceeding or the state attorney may
584prosecute it as a criminal violation under s. 784.0487. The
585court may enforce the respondent's compliance with the
586injunction through any appropriate civil and criminal remedies,
587including, but not limited to, a monetary assessment or a fine.
588The clerk of the court shall collect and receive such
589assessments or fines. On a monthly basis, the clerk shall
590transfer the moneys collected pursuant to this paragraph to the
591State Treasury for deposit into the Domestic Violence Trust
592Fund.
593     (b)  If the respondent is arrested by a law enforcement
594officer under s. 901.15(6) or for a violation of s. 741.31, the
595respondent shall be held in custody until brought before the
596court as expeditiously as possible for the purpose of enforcing
597the injunction and for admittance to bail in accordance with
598chapter 903 and the applicable rules of criminal procedure,
599pending a hearing.
600     (11)  The petitioner or the respondent may move the court
601to modify or dissolve an injunction at any time.
602     Section 4.  Section 784.0487, Florida Statutes, is created
603to read:
604     784.0487  Violation of an injunction for protection against
605stalking or cyberstalking.-
606     (1)  In the event of a violation of the injunction for
607protection against stalking or cyberstalking when there has not
608been an arrest, the petitioner may contact the clerk of the
609circuit court of the county in which the violation is alleged to
610have occurred. The clerk shall assist the petitioner in the
611preparation of an affidavit in support of the violation or
612direct the petitioner to the office operated by the court within
613the circuit that has been designated by the chief judge of that
614circuit as the central intake point for injunction violations
615and where the petitioner can receive assistance in the
616preparation of the affidavit in support of the violation.
617     (2)  The affidavit shall be immediately forwarded by the
618office assisting the petitioner to the state attorney of that
619circuit and to such court or judge as the chief judge of that
620circuit determines to be the recipient of affidavits of
621violation. If the affidavit alleges that a crime has been
622committed, the office assisting the petitioner shall also
623forward a copy of the petitioner's affidavit to the appropriate
624law enforcement agency for investigation. No later than 20 days
625after receiving the initial report, the local law enforcement
626agency shall complete its investigation and forward a report to
627the state attorney. The policy adopted by the state attorney in
628each circuit under s. 741.2901(2) shall include a policy
629regarding intake of alleged violations of injunctions for
630protection against stalking or cyberstalking under this section.
631The intake shall be supervised by a prosecutor who has been
632designated and assigned to handle stalking or cyberstalking
633cases. The state attorney shall determine within 30 working days
634whether its office will file criminal charges, prepare a motion
635for an order to show cause as to why the respondent should not
636be held in criminal contempt, or prepare both as alternative
637findings, or file notice that the case remains under
638investigation or is pending subject to some other action.
639     (3)  If the court has knowledge, based on its familiarity
640with the case, that the petitioner or another person is in
641immediate danger if the court fails to act before the decision
642of the state attorney to prosecute, it shall immediately issue
643an order of appointment of the state attorney to file a motion
644for an order to show cause as to why the respondent should not
645be held in contempt. If the court does not issue an order of
646appointment of the state attorney, it shall immediately notify
647the state attorney that the court is proceeding to enforce the
648violation through criminal contempt.
649     (4)(a)  A person who willfully violates an injunction for
650protection against stalking or cyberstalking issued pursuant to
651s. 784.0485, or a foreign protection order accorded full faith
652and credit pursuant to s. 741.315, by:
653     1.  Going to, or being within 500 feet of, the petitioner's
654residence, school, place of employment, or a specified place
655frequented regularly by the petitioner and any named family or
656household member;
657     2.  Committing an act of stalking or cyberstalking against
658the petitioner;
659     3.  Committing any other violation of the injunction
660through an intentional unlawful threat, word, or act to do
661violence to the petitioner;
662     4.  Telephoning, contacting, or otherwise communicating
663with the petitioner, directly or indirectly, unless the
664injunction specifically allows indirect contact through a third
665party;
666     5.  Knowingly and intentionally coming within 100 feet of
667the petitioner's motor vehicle, whether or not that vehicle is
668occupied;
669     6.  Defacing or destroying the petitioner's personal
670property, including the petitioner's motor vehicle; or
671     7.  Refusing to surrender firearms or ammunition if ordered
672to do so by the court,
673
674commits a misdemeanor of the first degree, punishable as
675provided in s. 775.082 or s. 775.083.
676     (b)1.  It is a violation of s. 790.233, and a misdemeanor
677of the first degree, punishable as provided in s. 775.082 or s.
678775.083, for a person to violate a final injunction for
679protection against stalking or cyberstalking by having in his or
680her care, custody, possession, or control any firearm or
681ammunition.
682     2.  It is the intent of the Legislature that the
683prohibition regarding possession of firearms and ammunition are
684consistent with federal law. Accordingly, this paragraph does
685not apply to a state or local officer, as defined in s.
686943.10(14), who holds an active certification and who receives
687or possesses a firearm or ammunition for use in performing
688official duties on behalf of the officer's employing agency,
689unless otherwise prohibited by the employing agency.
690     (5)  Whether or not there is a criminal prosecution under
691subsection (4), the court shall order the respondent to attend a
692batterers' intervention program if it finds a willful violation
693of a stalking or cyberstalking injunction, unless the court
694makes written factual findings in its judgment or order which
695are based on substantial evidence, stating why a batterers'
696intervention program would be inappropriate.
697     (6)  Any person who suffers an injury or loss as a result
698of a violation of an injunction for protection against stalking
699or cyberstalking may be awarded economic damages for that injury
700or loss by the court issuing the injunction. Damages includes
701costs and attorney's fees for enforcement of the injunction.
702     Section 5.  This act shall take effect July 1, 2011.


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