Florida Senate - 2011                                     SB 438
       
       
       
       By Senator Hill
       
       
       
       
       1-00232-11                                             2011438__
    1                        A bill to be entitled                      
    2         An act relating to injunctions for protection against
    3         domestic violence, repeat violence, sexual violence,
    4         or dating violence; amending ss. 741.30 and 784.046,
    5         F.S.; subject to available funding, directing the
    6         Florida Association of Court Clerks to develop an
    7         automated process by which a petitioner for an
    8         injunction for protection may request notification of
    9         service of the injunction or notice of other court
   10         actions related to the injunction; requiring that
   11         notice be given to the petitioner within a specified
   12         time; providing for the content of the notice;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (c) of subsection (8) of section
   18  741.30, Florida Statutes, is amended to read:
   19         741.30 Domestic violence; injunction; powers and duties of
   20  court and clerk; petition; notice and hearing; temporary
   21  injunction; issuance of injunction; statewide verification
   22  system; enforcement.—
   23         (8)
   24         (c)1. Within 24 hours after the court issues an injunction
   25  for protection against domestic violence or changes, continues,
   26  extends, or vacates an injunction for protection against
   27  domestic violence, the clerk of the court must forward a
   28  certified copy of the injunction for service to the sheriff with
   29  jurisdiction over the residence of the petitioner. The
   30  injunction must be served in accordance with this subsection.
   31         2. Within 24 hours after service of process of an
   32  injunction for protection against domestic violence upon a
   33  respondent, the law enforcement officer must forward the written
   34  proof of service of process to the sheriff with jurisdiction
   35  over the residence of the petitioner.
   36         3. Within 24 hours after the sheriff receives a certified
   37  copy of the injunction for protection against domestic violence,
   38  the sheriff must make information relating to the injunction
   39  available to other law enforcement agencies by electronically
   40  transmitting such information to the department.
   41         4. Within 24 hours after the sheriff or other law
   42  enforcement officer has made service upon the respondent and the
   43  sheriff has been so notified, the sheriff must make information
   44  relating to the service available to other law enforcement
   45  agencies by electronically transmitting such information to the
   46  department.
   47         5.Subject to available funding, the Florida Association of
   48  Court Clerks shall develop an automated process by which a
   49  petitioner may request notification of service of the injunction
   50  for protection against domestic violence and other court actions
   51  related to the injunction for protection. The automated notice
   52  shall be made within 12 hours after the sheriff or other law
   53  enforcement officer serves the injunction upon the respondent.
   54  The notification must include, at a minimum, the date, time, and
   55  location where the injunction for protection against domestic
   56  violence was served.
   57         6.5. Within 24 hours after an injunction for protection
   58  against domestic violence is vacated, terminated, or otherwise
   59  rendered no longer effective by ruling of the court, the clerk
   60  of the court must notify the sheriff receiving original
   61  notification of the injunction as provided in subparagraph 2.
   62  That agency shall, within 24 hours after receiving such
   63  notification from the clerk of the court, notify the department
   64  of such action of the court.
   65         Section 2. Paragraph (c) of subsection (8) of section
   66  784.046, Florida Statutes, is amended to read:
   67         784.046 Action by victim of repeat violence, sexual
   68  violence, or dating violence for protective injunction; dating
   69  violence investigations, notice to victims, and reporting;
   70  pretrial release violations.—
   71         (8)
   72         (c)1. Within 24 hours after the court issues an injunction
   73  for protection against repeat violence, sexual violence, or
   74  dating violence or changes or vacates an injunction for
   75  protection against repeat violence, sexual violence, or dating
   76  violence, the clerk of the court must forward a copy of the
   77  injunction to the sheriff with jurisdiction over the residence
   78  of the petitioner.
   79         2. Within 24 hours after service of process of an
   80  injunction for protection against repeat violence, sexual
   81  violence, or dating violence upon a respondent, the law
   82  enforcement officer must forward the written proof of service of
   83  process to the sheriff with jurisdiction over the residence of
   84  the petitioner.
   85         3. Within 24 hours after the sheriff receives a certified
   86  copy of the injunction for protection against repeat violence,
   87  sexual violence, or dating violence, the sheriff must make
   88  information relating to the injunction available to other law
   89  enforcement agencies by electronically transmitting such
   90  information to the department.
   91         4. Within 24 hours after the sheriff or other law
   92  enforcement officer has made service upon the respondent and the
   93  sheriff has been so notified, the sheriff must make information
   94  relating to the service available to other law enforcement
   95  agencies by electronically transmitting such information to the
   96  department.
   97         5.Subject to available funding, the Florida Association of
   98  Court Clerks shall develop an automated process by which a
   99  petitioner may request notification of service of the injunction
  100  for protection against repeat violence, sexual violence, or
  101  dating violence and other court actions related to the
  102  injunction for protection. The automated notice shall be made
  103  within 12 hours after the sheriff or other law enforcement
  104  officer serves the injunction upon the respondent. The
  105  notification must include, at a minimum, the date, time, and
  106  location where the injunction for protection against repeat
  107  violence, sexual violence, or dating violence was served.
  108         6.5. Within 24 hours after an injunction for protection
  109  against repeat violence, sexual violence, or dating violence is
  110  lifted, terminated, or otherwise rendered no longer effective by
  111  ruling of the court, the clerk of the court must notify the
  112  sheriff or local law enforcement agency receiving original
  113  notification of the injunction as provided in subparagraph 2.
  114  That agency shall, within 24 hours after receiving such
  115  notification from the clerk of the court, notify the department
  116  of such action of the court.
  117         Section 3. This act shall take effect July 1, 2011.