Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 950
       
       
       
       
       
       
                                Barcode 460344                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2012           .                                
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       The Committee on Budget Subcommittee on Criminal and Civil
       Justice Appropriations (Storms) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (2) of section 741.315, Florida
    7  Statutes, is amended to read:
    8         741.315 Recognition of foreign protection orders.—
    9         (2) Pursuant to 18 U.S.C. s. 2265, an injunction for
   10  protection against domestic violence issued by a court of a
   11  foreign state must be accorded full faith and credit by the
   12  courts of this state and enforced by a law enforcement agency as
   13  if it were the order of a Florida court issued under s. 741.30,
   14  s. 741.31, s. 784.046, or s. 784.047, s. 784.0485, or s.
   15  784.0487, and provided that the court had jurisdiction over the
   16  parties and the matter and that reasonable notice and
   17  opportunity to be heard was given to the person against whom the
   18  order is sought sufficient to protect that person’s right to due
   19  process. Ex parte foreign injunctions for protection are not
   20  eligible for enforcement under this section unless notice and
   21  opportunity to be heard have been provided within the time
   22  required by the foreign state or tribal law, and in any event
   23  within a reasonable time after the order is issued, sufficient
   24  to protect the respondent’s due process rights.
   25         Section 2. Section 784.048, Florida Statutes, is amended to
   26  read:
   27         784.048 Stalking; definitions; penalties.—
   28         (1) As used in this section, the term:
   29         (a) “Harass” means to engage in a course of conduct
   30  directed at a specific person which that causes substantial
   31  emotional distress to that in such person and serves no
   32  legitimate purpose.
   33         (b) “Course of conduct” means a pattern of conduct composed
   34  of a series of acts over a period of time, however short, which
   35  evidences evidencing a continuity of purpose. The term does not
   36  include constitutionally protected activity such as is not
   37  included within the meaning of “course of conduct.” Such
   38  constitutionally protected activity includes picketing or other
   39  organized protests.
   40         (c) “Credible threat” means a verbal or nonverbal threat,
   41  or a combination of the two, including threats delivered by
   42  electronic communication or implied by a pattern of conduct,
   43  which places the person who is the target of the threat in
   44  reasonable fear for his or her safety or the safety of his or
   45  her family members or individuals closely associated with the
   46  person, and which is made with the apparent ability to carry out
   47  the threat to cause such harm. It is not necessary to prove that
   48  the person making the threat had the intent to actually carry
   49  out the threat. The present incarceration of the person making
   50  the threat is not a bar to prosecution under this section made
   51  with the intent to cause the person who is the target of the
   52  threat to reasonably fear for his or her safety. The threat must
   53  be against the life of, or a threat to cause bodily injury to, a
   54  person.
   55         (d) “Cyberstalk” means to engage in a course of conduct to
   56  communicate, or to cause to be communicated, words, images, or
   57  language by or through the use of electronic mail or electronic
   58  communication, directed at a specific person, causing
   59  substantial emotional distress to that person and serving no
   60  legitimate purpose.
   61         (2) A Any person who willfully, maliciously, and repeatedly
   62  follows, harasses, or cyberstalks another person commits the
   63  offense of stalking, a misdemeanor of the first degree,
   64  punishable as provided in s. 775.082 or s. 775.083.
   65         (3) A Any person who willfully, maliciously, and repeatedly
   66  follows, harasses, or cyberstalks another person, and makes a
   67  credible threat to that person with the intent to place that
   68  person in reasonable fear of death or bodily injury of the
   69  person, or the person’s child, sibling, spouse, parent, or
   70  dependent, commits the offense of aggravated stalking, a felony
   71  of the third degree, punishable as provided in s. 775.082, s.
   72  775.083, or s. 775.084.
   73         (4) A Any person who, after an injunction for protection
   74  against repeat violence, sexual violence, or dating violence
   75  pursuant to s. 784.046, or an injunction for protection against
   76  domestic violence pursuant to s. 741.30, or after any other
   77  court-imposed prohibition of conduct toward the subject person
   78  or that person’s property, knowingly, willfully, maliciously,
   79  and repeatedly follows, harasses, or cyberstalks another person
   80  commits the offense of aggravated stalking, a felony of the
   81  third degree, punishable as provided in s. 775.082, s. 775.083,
   82  or s. 775.084.
   83         (5) A Any person who willfully, maliciously, and repeatedly
   84  follows, harasses, or cyberstalks a child minor under 16 years
   85  of age commits the offense of aggravated stalking, a felony of
   86  the third degree, punishable as provided in s. 775.082, s.
   87  775.083, or s. 775.084.
   88         (6) A Any law enforcement officer may arrest, without a
   89  warrant, any person that he or she has probable cause to believe
   90  has violated the provisions of this section.
   91         (7) A Any person who, after having been sentenced for a
   92  violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
   93  prohibited from contacting the victim of the offense under s.
   94  921.244, willfully, maliciously, and repeatedly follows,
   95  harasses, or cyberstalks the victim commits the offense of
   96  aggravated stalking, a felony of the third degree, punishable as
   97  provided in s. 775.082, s. 775.083, or s. 775.084.
   98         (8) The punishment imposed under this section shall run
   99  consecutive to any former sentence imposed for a conviction for
  100  any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
  101         (9)(a) The sentencing court shall consider, as a part of
  102  any sentence, issuing an order restraining the defendant from
  103  any contact with the victim, which may be valid for up to 10
  104  years, as determined by the court. It is the intent of the
  105  Legislature that the length of any such order be based upon the
  106  seriousness of the facts before the court, the probability of
  107  future violations by the perpetrator, and the safety of the
  108  victim and his or her family members or individuals closely
  109  associated with the victim.
  110         (b) The order may be issued by the court even if the
  111  defendant is sentenced to a state prison or a county jail or
  112  even if the imposition of the sentence is suspended and the
  113  defendant is placed on probation.
  114         Section 3. Section 784.0485, Florida Statutes, is created
  115  to read:
  116         784.0485 Stalking; injunction; powers and duties of court
  117  and clerk; petition; notice and hearing; temporary injunction;
  118  issuance of injunction; statewide verification system;
  119  enforcement.—
  120         (1) There is created a cause of action for an injunction
  121  for protection against stalking. For the purposes of injunctions
  122  for protection against stalking under this section, the offense
  123  of stalking shall include the offense of cyberstalking.
  124         (a) A person who is the victim of stalking or the parent or
  125  legal guardian of a minor child who is living at home who seeks
  126  an injunction for protection against stalking on behalf of the
  127  minor child has standing in the circuit court to file a sworn
  128  petition for an injunction for protection against stalking.
  129         (b) The cause of action for an injunction for protection
  130  may be sought regardless of whether any other cause of action is
  131  currently pending between the parties. However, the pendency of
  132  any such cause of action shall be alleged in the petition.
  133         (c) The cause of action for an injunction may be sought by
  134  any affected person.
  135         (d) The cause of action for an injunction does not require
  136  either party to be represented by an attorney.
  137         (e) The court may not issue mutual orders of protection;
  138  however, the court is not precluded from issuing separate
  139  injunctions for protection against stalking if each party has
  140  complied with this section. Compliance with this section may not
  141  be waived.
  142         (f) Notwithstanding chapter 47, a petition for an
  143  injunction for protection against stalking may be filed in the
  144  circuit where the petitioner currently or temporarily resides,
  145  where the respondent resides, or where the stalking occurred.
  146  There is no minimum requirement of residency to petition for an
  147  injunction for protection.
  148         (2)(a) Notwithstanding any other law, the clerk of court
  149  may not assess a filing fee to file a petition for protection
  150  against stalking. However, subject to legislative appropriation,
  151  the clerk of the circuit court may, on a quarterly basis, submit
  152  to the Office of the State Courts Administrator a certified
  153  request for reimbursement for petitions for protection against
  154  stalking issued by the court, at the rate of $40 per petition.
  155  The request for reimbursement shall be submitted in the form and
  156  manner prescribed by the Office of the State Courts
  157  Administrator. From this reimbursement, the clerk shall pay any
  158  law enforcement agency serving the injunction the fee requested
  159  by the law enforcement agency; however, this fee may not exceed
  160  $20.
  161         (b) A bond is not required by the court for the entry of an
  162  injunction.
  163         (c)1. The clerk of the court shall assist petitioners in
  164  seeking both injunctions for protection against stalking and
  165  enforcement of a violation thereof as specified in this section.
  166         2. All offices of the clerk of the court shall provide
  167  simplified petition forms for the injunction and any
  168  modifications to and the enforcement thereof, including
  169  instructions for completion.
  170         3. The clerk of the court shall ensure the petitioner’s
  171  privacy to the extent practicable while completing the forms for
  172  an injunction for protection against stalking.
  173         4. The clerk of the court shall provide a petitioner with a
  174  minimum of two certified copies of the order of injunction, one
  175  of which is serviceable and will inform the petitioner of the
  176  process for service and enforcement.
  177         5. The clerk of the court and appropriate staff in each
  178  county shall receive training in the effective assistance of
  179  petitioners as provided or approved by the Florida Association
  180  of Court Clerks and Comptrollers.
  181         6. The clerk of the court in each county shall make
  182  available informational brochures on stalking when such a
  183  brochure is provided by the local certified domestic violence
  184  center or certified rape crisis center.
  185         7. The clerk of the court in each county shall distribute a
  186  statewide uniform informational brochure to petitioners at the
  187  time of filing for an injunction for protection against stalking
  188  when such brochures become available. The brochure must include
  189  information about the effect of giving the court false
  190  information.
  191         (3)(a) The sworn petition shall allege the existence of
  192  such stalking and shall include the specific facts and
  193  circumstances for which relief is sought.
  194         (b) The sworn petition shall be in substantially the
  195  following form:
  196  
  197  PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING
  198  
  199  Before me, the undersigned authority, personally appeared
  200  Petitioner ...(Name)..., who has been sworn and says that
  201  the following statements are true:
  202  
  203  1. Petitioner resides at: ...(address)...
  204         (Petitioner may furnish the address to the court in a
  205         separate confidential filing if, for safety reasons,
  206         the petitioner requires the location of the current
  207         residence to be confidential.)
  208  2. Respondent resides at: ...(last known address)...
  209  3. Respondent’s last known place of employment: ...(name
  210  of business and address)...
  211  4. Physical description of respondent: ....
  212  5. Race: ....
  213  6. Sex: ....
  214  7. Date of birth: ....
  215  8. Height: ....
  216  9. Weight: ....
  217  10. Eye color: ....
  218  11. Hair color: ....
  219  12. Distinguishing marks or scars: ....
  220  13. Aliases of respondent: ....
  221  
  222         (c) The petitioner shall describe any other cause of action
  223  currently pending between the petitioner and respondent. The
  224  petitioner shall also describe any previous attempt by the
  225  petitioner to obtain an injunction for protection against
  226  stalking in this or any other circuit, and the result of that
  227  attempt. (Case numbers should be included, if available.)
  228         (d) The petition must provide space for the petitioner to
  229  specifically allege that he or she is a victim of stalking
  230  because respondent has:
  231  
  232  (Mark all sections that apply and describe in the spaces below
  233  the incidents of stalking specifying when and where they
  234  occurred, including, but not limited to, locations such as a
  235  home, school, or place of employment.)
  236  
  237         .... Committed stalking.
  238         .... Previously threatened, harassed, stalked,
  239  cyberstalked, or physically abused the petitioner.
  240         .... Threatened to harm the petitioner or family members or
  241  individuals closely associated with the petitioner.
  242         .... Intentionally injured or killed a family pet.
  243         .... Used, or threatened to use, against the petitioner any
  244  weapons such as guns or knives.
  245         .... A criminal history involving violence or the threat of
  246  violence, if known.
  247         .... Another order of protection issued against him or her
  248  previously or from another jurisdiction, if known.
  249         .... Destroyed personal property, including, but not
  250  limited to, telephones or other communication equipment,
  251  clothing, or other items belonging to the petitioner.
  252         (e) The petitioner seeks an injunction:
  253  
  254  (Mark appropriate section or sections.)
  255  
  256         .... Immediately restraining the respondent from committing
  257  any acts of stalking.
  258         .... Restraining the respondent from committing any acts of
  259  stalking.
  260         .... Providing any terms the court deems necessary for the
  261  protection of a victim of stalking, including any injunctions or
  262  directives to law enforcement agencies.
  263         (f) Every petition for an injunction against stalking must
  264  contain, directly above the signature line, a statement in all
  265  capital letters and bold type not smaller than the surrounding
  266  text, as follows:
  267  
  268         I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
  269         EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
  270         THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
  271         UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
  272         SECTION 837.02, FLORIDA STATUTES.
  273  
  274         ...(initials)...
  275  
  276         (4) Upon the filing of the petition, the court shall set a
  277  hearing to be held at the earliest possible time. The respondent
  278  shall be personally served with a copy of the petition, notice
  279  of hearing, and temporary injunction, if any, before the
  280  hearing.
  281         (5)(a) If it appears to the court that stalking exists, the
  282  court may grant a temporary injunction ex parte, pending a full
  283  hearing, and may grant such relief as the court deems proper,
  284  including an injunction restraining the respondent from
  285  committing any act of stalking.
  286         (b) In a hearing ex parte for the purpose of obtaining such
  287  ex parte temporary injunction, evidence other than verified
  288  pleadings or affidavits may not be used as evidence, unless the
  289  respondent appears at the hearing or has received reasonable
  290  notice of the hearing. A denial of a petition for an ex parte
  291  injunction shall be by written order noting the legal grounds
  292  for denial. If the only ground for denial is no appearance of an
  293  immediate and present danger of stalking, the court shall set a
  294  full hearing on the petition for injunction with notice at the
  295  earliest possible time. This paragraph does not affect a
  296  petitioner’s right to promptly amend any petition, or otherwise
  297  be heard in person on any petition consistent with the Florida
  298  Rules of Civil Procedure.
  299         (c) Any such ex parte temporary injunction is effective for
  300  a fixed period not to exceed 15 days. A full hearing, as
  301  provided in this section, shall be set for a date no later than
  302  the date when the temporary injunction ceases to be effective.
  303  The court may grant a continuance of the hearing before or
  304  during a hearing for good cause shown by any party, which shall
  305  include a continuance to obtain service of process. An
  306  injunction shall be extended if necessary to remain in full
  307  force and effect during any period of continuance.
  308         (6)(a) Upon notice and hearing, when it appears to the
  309  court that the petitioner is the victim of stalking, the court
  310  may grant such relief as the court deems proper, including an
  311  injunction:
  312         1. Restraining the respondent from committing any act of
  313  stalking.
  314         2. Ordering the respondent to participate in treatment,
  315  intervention, or counseling services to be paid for by the
  316  respondent.
  317         3. Referring a petitioner to appropriate services. The
  318  court may provide the petitioner with a list of certified
  319  domestic violence centers, certified rape crisis centers, and
  320  other appropriate referrals in the circuit which the petitioner
  321  may contact.
  322         4. Ordering such other relief as the court deems necessary
  323  for the protection of a victim of stalking, including
  324  injunctions or directives to law enforcement agencies, as
  325  provided in this section.
  326         (b) The terms of an injunction restraining the respondent
  327  under subparagraph (a)1. or ordering other relief for the
  328  protection of the victim under subparagraph (a)4. shall remain
  329  in effect until modified or dissolved. Either party may move at
  330  any time to modify or dissolve the injunction. Specific
  331  allegations are not required. Such relief may be granted in
  332  addition to other civil or criminal remedies.
  333         (c) A temporary or final judgment on injunction for
  334  protection against stalking entered pursuant to this section
  335  shall, on its face, indicate:
  336         1. That the injunction is valid and enforceable in all
  337  counties of this state.
  338         2. That law enforcement officers may use their arrest
  339  powers pursuant to s. 901.15(6) to enforce the terms of the
  340  injunction.
  341         3. That the court has jurisdiction over the parties and
  342  matter under the laws of this state and that reasonable notice
  343  and opportunity to be heard was given to the person against whom
  344  the order is sought sufficient to protect that person’s right to
  345  due process.
  346         4. The date that the respondent was served with the
  347  temporary or final order, if obtainable.
  348         (d) The fact that a separate order of protection is granted
  349  to each opposing party is not legally sufficient to deny any
  350  remedy to either party or to prove that the parties are equally
  351  at fault or equally endangered.
  352         (e) A final judgment on an injunction for protection
  353  against stalking entered pursuant to this section must, on its
  354  face, provide that it is a violation of s. 790.233 and a
  355  misdemeanor of the first degree for the respondent to have in
  356  his or her care, custody, possession, or control any firearm or
  357  ammunition.
  358         (f) All proceedings under this subsection shall be
  359  recorded. Recording may be by electronic means as provided by
  360  the Rules of Judicial Administration.
  361         (7) The court shall allow an advocate from a state
  362  attorney’s office, a law enforcement agency, a certified rape
  363  crisis center, or a certified domestic violence center who is
  364  registered under s. 39.905 to be present with the petitioner or
  365  respondent during any court proceedings or hearings related to
  366  the injunction for protection if the petitioner or respondent
  367  has made such a request and the advocate is able to be present.
  368         (8)(a)1. The clerk of the court shall furnish a copy of the
  369  petition, notice of hearing, and temporary injunction, if any,
  370  to the sheriff or a law enforcement agency of the county where
  371  the respondent resides or can be found, who shall serve it upon
  372  the respondent as soon thereafter as possible on any day of the
  373  week and at any time of the day or night. When requested by the
  374  sheriff, the clerk of the court may transmit a facsimile copy of
  375  an injunction that has been certified by the clerk of the court,
  376  and this facsimile copy may be served in the same manner as a
  377  certified copy. Upon receiving a facsimile copy, the sheriff
  378  must verify receipt with the sender before attempting to serve
  379  it on the respondent. In addition, if the sheriff is in
  380  possession of an injunction for protection that has been
  381  certified by the clerk of the court, the sheriff may transmit a
  382  facsimile copy of that injunction to a law enforcement officer
  383  who shall serve it in the same manner as a certified copy. The
  384  clerk of the court shall furnish to the sheriff such information
  385  concerning the respondent’s physical description and location as
  386  is required by the Department of Law Enforcement to comply with
  387  the verification procedures set forth in this section.
  388  Notwithstanding any other law, the chief judge of each circuit,
  389  in consultation with the appropriate sheriff, may authorize a
  390  law enforcement agency within the jurisdiction to effect
  391  service. A law enforcement agency serving injunctions pursuant
  392  to this section shall use service and verification procedures
  393  consistent with those of the sheriff.
  394         2. If an injunction is issued and the petitioner requests
  395  the assistance of a law enforcement agency, the court may order
  396  that an officer from the appropriate law enforcement agency
  397  accompany the petitioner to assist in the execution or service
  398  of the injunction. A law enforcement officer shall accept a copy
  399  of an injunction for protection against stalking, certified by
  400  the clerk of the court, from the petitioner and immediately
  401  serve it upon a respondent who has been located but not yet
  402  served.
  403         3. An order issued, changed, continued, extended, or
  404  vacated subsequent to the original service of documents
  405  enumerated under subparagraph 1. shall be certified by the clerk
  406  of the court and delivered to the parties at the time of the
  407  entry of the order. The parties may acknowledge receipt of such
  408  order in writing on the face of the original order. If a party
  409  fails or refuses to acknowledge the receipt of a certified copy
  410  of an order, the clerk shall note on the original order that
  411  service was effected. If delivery at the hearing is not
  412  possible, the clerk shall mail certified copies of the order to
  413  the parties at the last known address of each party. Service by
  414  mail is complete upon mailing. When an order is served pursuant
  415  to this subsection, the clerk shall prepare a written
  416  certification to be placed in the court file specifying the
  417  time, date, and method of service and shall notify the sheriff.
  418         4. If the respondent has been served previously with a
  419  temporary injunction and has failed to appear at the initial
  420  hearing on the temporary injunction, any subsequent petition for
  421  injunction seeking an extension of time may be served on the
  422  respondent by the clerk of the court by certified mail in lieu
  423  of personal service by a law enforcement officer.
  424         (b)1. Within 24 hours after the court issues an injunction
  425  for protection against stalking or changes, continues, extends,
  426  or vacates an injunction for protection against stalking, the
  427  clerk of the court must forward a certified copy of the
  428  injunction for service to the sheriff having jurisdiction over
  429  the residence of the petitioner. The injunction must be served
  430  in accordance with this subsection.
  431         2. Within 24 hours after service of process of an
  432  injunction for protection against stalking upon a respondent,
  433  the law enforcement officer must forward the written proof of
  434  service of process to the sheriff having jurisdiction over the
  435  residence of the petitioner.
  436         3. Within 24 hours after the sheriff receives a certified
  437  copy of the injunction for protection against stalking, the
  438  sheriff must make information relating to the injunction
  439  available to other law enforcement agencies by electronically
  440  transmitting such information to the Department of Law
  441  Enforcement.
  442         4. Within 24 hours after the sheriff or other law
  443  enforcement officer has made service upon the respondent and the
  444  sheriff has been so notified, the sheriff must make information
  445  relating to the service available to other law enforcement
  446  agencies by electronically transmitting such information to the
  447  Department of Law Enforcement.
  448         5. Within 24 hours after an injunction for protection
  449  against stalking is vacated, terminated, or otherwise rendered
  450  no longer effective by ruling of the court, the clerk of the
  451  court must notify the sheriff receiving original notification of
  452  the injunction as provided in subparagraph 2. That agency shall,
  453  within 24 hours after receiving such notification from the clerk
  454  of the court, notify the Department of Law Enforcement of such
  455  action of the court.
  456         (9)(a) The court may enforce a violation of an injunction
  457  for protection against stalking through a civil or criminal
  458  contempt proceeding, or the state attorney may prosecute it as a
  459  criminal violation under s. 784.0487. Any assessments or fines
  460  ordered by the court enforcing such an injunction shall be
  461  collected by the clerk of the court and transferred on a monthly
  462  basis to the State Treasury for deposit into the Domestic
  463  Violence Trust Fund.
  464         (b) If the respondent is arrested by a law enforcement
  465  officer under s. 901.15(6) or for a violation of s. 784.0487,
  466  the respondent shall be held in custody until brought before the
  467  court as expeditiously as possible for the purpose of enforcing
  468  the injunction and for admittance to bail in accordance with
  469  chapter 903 and the applicable rules of criminal procedure,
  470  pending a hearing.
  471         (10) The petitioner or the respondent may move the court to
  472  modify or dissolve an injunction at any time.
  473         Section 4. Section 784.0487, Florida Statutes, is created
  474  to read:
  475         784.0487 Violation of an injunction for protection against
  476  stalking or cyberstalking.—
  477         (1) If the injunction for protection against stalking or
  478  cyberstalking has been violated and the respondent has not been
  479  arrested, the petitioner may contact the clerk of the circuit
  480  court of the county in which the violation is alleged to have
  481  occurred. The clerk shall assist the petitioner in preparing an
  482  affidavit in support of reporting the violation or directing the
  483  petitioner to the office operated by the court that has been
  484  designated by the chief judge of that circuit as the central
  485  intake point for violations of injunctions for protection where
  486  the petitioner can receive assistance in the preparation of the
  487  affidavit in support of the violation.
  488         (2) The affidavit shall be immediately forwarded by the
  489  office assisting the petitioner to the state attorney of that
  490  circuit and to such judge as the chief judge determines to be
  491  the recipient of affidavits of violations of an injunction. If
  492  the affidavit alleges that a crime has been committed, the
  493  office assisting the petitioner shall also forward a copy of the
  494  petitioner’s affidavit to the appropriate law enforcement agency
  495  for investigation. No later than 20 days after receiving the
  496  initial report, the local law enforcement agency shall complete
  497  its investigation and forward a report to the state attorney.
  498  The policy adopted by the state attorney in each circuit under
  499  s. 741.2901(2) shall include a policy regarding intake of
  500  alleged violations of injunctions for protection against
  501  stalking or cyberstalking under this section. The intake shall
  502  be supervised by a state attorney who has been designated and
  503  assigned to handle stalking or cyberstalking cases. The state
  504  attorney shall determine within 30 working days whether his or
  505  her office will file criminal charges or prepare a motion for an
  506  order to show cause as to why the respondent should not be held
  507  in criminal contempt, or prepare both as alternative findings,
  508  or file notice that the case remains under investigation or is
  509  pending subject to some other action.
  510         (3) If the court has knowledge that the petitioner or
  511  another person is in immediate danger if the court does not act
  512  before the decision of the state attorney to proceed, the court
  513  shall immediately issue an order of appointment of the state
  514  attorney to file a motion for an order to show cause as to why
  515  the respondent should not be held in contempt. If the court does
  516  not issue an order of appointment of the state attorney, it
  517  shall immediately notify the state attorney that the court is
  518  proceeding to enforce the violation through criminal contempt.
  519         (4) A person who willfully violates an injunction for
  520  protection against stalking or cyberstalking issued pursuant to
  521  s. 784.0485, or a foreign protection order accorded full faith
  522  and credit pursuant to s. 741.315, by:
  523         (a) Going to, or being within 500 feet of, the petitioner’s
  524  residence, school, place of employment, or a specified place
  525  frequented regularly by the petitioner and any named family
  526  members or individuals closely associated with the petitioner;
  527         (b) Committing an act of stalking against the petitioner;
  528         (c) Committing any other violation of the injunction
  529  through an intentional unlawful threat, word, or act to do
  530  violence to the petitioner;
  531         (d) Telephoning, contacting, or otherwise communicating
  532  with the petitioner, directly or indirectly, unless the
  533  injunction specifically allows indirect contact through a third
  534  party;
  535         (e) Knowingly and intentionally coming within 100 feet of
  536  the petitioner’s motor vehicle, whether or not that vehicle is
  537  occupied;
  538         (f) Defacing or destroying the petitioner’s personal
  539  property, including the petitioner’s motor vehicle; or
  540         (g) Refusing to surrender firearms or ammunition if ordered
  541  to do so by the court,
  542  
  543  commits a misdemeanor of the first degree, punishable as
  544  provided in s. 775.082 or s. 775.083.
  545         (5) A person who suffers an injury or loss as a result of a
  546  violation of an injunction for protection against stalking or
  547  cyberstalking may be awarded economic damages for that injury or
  548  loss by the court issuing the injunction. Damages includes costs
  549  and attorney fees for enforcement of the injunction.
  550         Section 5. Section 790.233, Florida Statutes, is amended to
  551  read:
  552         790.233 Possession of firearm or ammunition prohibited when
  553  person is subject to an injunction against committing acts of
  554  domestic violence, stalking, or cyberstalking; penalties.—
  555         (1) A person may not have in his or her care, custody,
  556  possession, or control any firearm or ammunition if the person
  557  has been issued a final injunction that is currently in force
  558  and effect, restraining that person from committing acts of
  559  domestic violence, as and that has been issued under s. 741.30
  560  or from committing acts of stalking or cyberstalking, as issued
  561  under s. 784.0485.
  562         (2) A person who violates subsection (1) commits a
  563  misdemeanor of the first degree, punishable as provided in s.
  564  775.082 or s. 775.083.
  565         (3) It is the intent of the Legislature that the
  566  disabilities regarding possession of firearms and ammunition are
  567  consistent with federal law. Accordingly, this section does
  568  shall not apply to a state or local officer as defined in s.
  569  943.10(14), holding an active certification, who receives or
  570  possesses a firearm or ammunition for use in performing official
  571  duties on behalf of the officer’s employing agency, unless
  572  otherwise prohibited by the employing agency.
  573         Section 6. This act shall take effect October 1, 2012.
  574  
  575  ================= T I T L E  A M E N D M E N T ================
  576         And the title is amended as follows:
  577         Delete everything before the enacting clause
  578  and insert:
  579                        A bill to be entitled                      
  580         An act relating to stalking; amending s. 741.315,
  581         F.S.; providing that additional types of injunctions
  582         issued by a court of a foreign state shall be accorded
  583         full faith and credit by the courts of this state and
  584         enforced as if they were orders issued under specified
  585         provisions; amending s. 784.048, F.S.; redefining the
  586         terms “course of conduct” and “credible threat”;
  587         providing that a person who makes a threat that places
  588         another person in reasonable fear for his or her
  589         safety or the safety of his or her family members or
  590         individuals closely associated with the person commits
  591         the offense of aggravated stalking under certain
  592         circumstances; providing criminal penalties; requiring
  593         that the sentencing court consider issuing an order
  594         restraining a defendant from any contact with the
  595         victim for up to 10 years; providing legislative
  596         intent regarding the length of any such restraining
  597         order; creating s. 784.0485, F.S.; creating a civil
  598         cause of action for an injunction for protection
  599         against stalking or cyberstalking; providing that a
  600         victim of stalking or cyberstalking or a parent or
  601         legal guardian on behalf of a minor child victim has
  602         standing in the circuit court to file a sworn petition
  603         for an injunction for protection against stalking or
  604         cyberstalking; prohibiting a court from issuing mutual
  605         orders of protection, but authorizing the court to
  606         issue a separate injunction for protection against
  607         stalking or cyberstalking if each party has complied
  608         with the provisions of law; providing for venue of the
  609         cause of action; prohibiting the clerk of the court
  610         from assessing a filing fee; providing an exception;
  611         providing that a petitioner is not required to post a
  612         bond; requiring the clerks of court to assist
  613         petitioners in filing petitions with the court;
  614         requiring the clerk of the court in each county to
  615         make available informational brochures; providing a
  616         sample petition for an injunction for protection
  617         against stalking or cyberstalking; authorizing the
  618         court to grant a temporary injunction ex parte,
  619         pending a full hearing, under certain circumstances;
  620         authorizing the court to grant such relief as the
  621         court deems necessary and proper; providing procedures
  622         for an ex parte injunction hearing; setting forth the
  623         criteria the court must consider at the hearing;
  624         requiring the court to allow an advocate from a state
  625         attorney’s office, law enforcement agency, certified
  626         domestic violence center, or certified rape crisis
  627         center to be present with the petitioner or respondent
  628         during any court proceeding; requiring the clerk of
  629         the court to furnish a copy of the petition, notice of
  630         hearing, and temporary injunction, if any, to the
  631         sheriff or a law enforcement agency of the county
  632         where the respondent resides or can be found, who
  633         shall serve it upon the respondent as soon thereafter
  634         as possible on any day of the week and at any time of
  635         the day or night; authorizing the court to order a law
  636         enforcement officer to accompany the petitioner;
  637         authorizing the court to enforce a violation of an
  638         injunction for protection against stalking or
  639         cyberstalking through a civil or criminal contempt
  640         proceeding; authorizing a state attorney to use
  641         criminal procedures for a violation of an injunction
  642         for protection; creating s. 784.0487, F.S.; providing
  643         procedures to follow when the respondent has violated
  644         the injunction for protection; providing criminal
  645         penalties; providing that a court may award a person
  646         who suffers an injury or loss as a result of a
  647         violation of an injunction for protection against
  648         stalking or cyberstalking economic damages for that
  649         injury or loss, including costs and attorney fees for
  650         enforcement of the injunction; amending s. 790.233,
  651         F.S.; providing that a person may not have in his or
  652         her possession any firearm or ammunition if a final
  653         injunction is currently in force to restrain that
  654         person from committing acts of stalking or
  655         cyberstalking; providing criminal penalties; providing
  656         an effective date.