Florida Senate - 2015 SB 804 By Senator Abruzzo 25-01170-15 2015804__ 1 A bill to be entitled 2 An act relating to violation of an injunction for 3 protection against domestic violence; amending s. 4 741.31, F.S.; providing enhanced criminal penalties 5 for a third or subsequent violation of an injunction 6 for protection against domestic violence or a foreign 7 protection order issued under specified provisions; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (4) of section 741.31, Florida 13 Statutes, is amended to read: 14 741.31 Violation of an injunction for protection against 15 domestic violence.— 16 (4)(a) A person who willfully violates an injunction for 17 protection against domestic violence issued pursuant to s. 18 741.30, or a foreign protection order accorded full faith and 19 credit pursuant to s. 741.315, by: 20 1. Refusing to vacate the dwelling that the parties share; 21 2. Going to, or being within 500 feet of, the petitioner’s 22 residence, school, place of employment, or a specified place 23 frequented regularly by the petitioner and any named family or 24 household member; 25 3. Committing an act of domestic violence against the 26 petitioner; 27 4. Committing any other violation of the injunction through 28 an intentional unlawful threat, word, or act to do violence to 29 the petitioner; 30 5. Telephoning, contacting, or otherwise communicating with 31 the petitioner directly or indirectly, unless the injunction 32 specifically allows indirect contact through a third party; 33 6. Knowingly and intentionally coming within 100 feet of 34 the petitioner’s motor vehicle, whether or not that vehicle is 35 occupied; 36 7. Defacing or destroying the petitioner’s personal 37 property, including the petitioner’s motor vehicle; or 38 8. Refusing to surrender firearms or ammunition if ordered 39 to do so by the court 40 41 commits a misdemeanor of the first degree, punishable as 42 provided in s. 775.082 or s. 775.083, except as provided in 43 paragraph (c). 44 (b)1. It is a violation of s. 790.233, and a misdemeanor of 45 the first degree, punishable as provided in s. 775.082 or s. 46 775.083, for a person to violate a final injunction for 47 protection against domestic violence by having in his or her 48 care, custody, possession, or control any firearm or ammunition. 49 2. It is the intent of the Legislature that the 50 disabilities regarding possession of firearms and ammunition are 51 consistent with federal law. Accordingly, this paragraph shall 52 not apply to a state or local officer as defined in s. 53 943.10(14), holding an active certification, who receives or 54 possesses a firearm or ammunition for use in performing official 55 duties on behalf of the officer’s employing agency, unless 56 otherwise prohibited by the employing agency. 57 (c) A person who has two or more prior convictions for 58 violation of an injunction and who commits any third or 59 subsequent violation commits a felony of the third degree, 60 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 61 For purposes of this paragraph, the term “conviction” means a 62 determination of guilt that is the result of a plea or a trial, 63 regardless of whether adjudication is withheld or a plea of nolo 64 contendere is entered. 65 Section 2. This act shall take effect October 1, 2015.