Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 380
       
       
       
       
       
       
                                Ì528892OÎ528892                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/21/2016           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Bradley) recommended the following:
                                                                       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 58 - 141
    4  and insert:
    5  violation of an injunction or foreign protection order and who
    6  commits any third or subsequent violation of the same injunction
    7  or foreign protection order commits a felony of the third
    8  degree, punishable as provided in s. 775.082, s. 775.083, or s.
    9  775.084. For purposes of this paragraph, the term “conviction”
   10  means a determination of guilt which is the result of a plea or
   11  a trial, regardless of whether adjudication is withheld or a
   12  plea of nolo contendere is entered.
   13         Section 2. Section 784.047, Florida Statutes, is amended to
   14  read:
   15         784.047 Penalties for violating protective injunction
   16  against violators.—
   17         (1) A person who willfully violates an injunction for
   18  protection against repeat violence, sexual violence, or dating
   19  violence, issued pursuant to s. 784.046, or a foreign protection
   20  order accorded full faith and credit pursuant to s. 741.315 by:
   21         (a)(1) Refusing to vacate the dwelling that the parties
   22  share;
   23         (b)(2) Going to, or being within 500 feet of, the
   24  petitioner’s residence, school, place of employment, or a
   25  specified place frequented regularly by the petitioner and any
   26  named family or household member;
   27         (c)(3) Committing an act of repeat violence, sexual
   28  violence, or dating violence against the petitioner;
   29         (d)(4) Committing any other violation of the injunction
   30  through an intentional unlawful threat, word, or act to do
   31  violence to the petitioner;
   32         (e)(5) Telephoning, contacting, or otherwise communicating
   33  with the petitioner directly or indirectly, unless the
   34  injunction specifically allows indirect contact through a third
   35  party;
   36         (f)(6) Knowingly and intentionally coming within 100 feet
   37  of the petitioner’s motor vehicle, whether or not that vehicle
   38  is occupied;
   39         (g)(7) Defacing or destroying the petitioner’s personal
   40  property, including the petitioner’s motor vehicle; or
   41         (h)(8) Refusing to surrender firearms or ammunition if
   42  ordered to do so by the court,
   43  
   44  commits a misdemeanor of the first degree, punishable as
   45  provided in s. 775.082 or s. 775.083, except as provided in
   46  subsection (2).
   47         (2) A person who has two or more prior convictions for
   48  violation of an injunction or foreign protection order and who
   49  commits any third or subsequent violation of the same injunction
   50  or foreign protection order commits a felony of the third
   51  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   52  775.084. For purposes of this subsection, the term “conviction”
   53  means a determination of guilt which is the result of a plea or
   54  a trial, regardless of whether adjudication is withheld or a
   55  plea of nolo contendere is entered.
   56         Section 3. Subsection (4) of section 784.0487, Florida
   57  Statutes, is amended to read:
   58         784.0487 Violation of an injunction for protection against
   59  stalking or cyberstalking.—
   60         (4)(a) A person who willfully violates an injunction for
   61  protection against stalking or cyberstalking issued pursuant to
   62  s. 784.0485, or a foreign protection order accorded full faith
   63  and credit pursuant to s. 741.315, by:
   64         1.(a) Going to, or being within 500 feet of, the
   65  petitioner’s residence, school, place of employment, or a
   66  specified place frequented regularly by the petitioner and any
   67  named family members or individuals closely associated with the
   68  petitioner;
   69         2.(b) Committing an act of stalking against the petitioner;
   70         3.(c) Committing any other violation of the injunction
   71  through an intentional unlawful threat, word, or act to do
   72  violence to the petitioner;
   73         4.(d) Telephoning, contacting, or otherwise communicating
   74  with the petitioner, directly or indirectly, unless the
   75  injunction specifically allows indirect contact through a third
   76  party;
   77         5.(e) Knowingly and intentionally coming within 100 feet of
   78  the petitioner’s motor vehicle, whether or not that vehicle is
   79  occupied;
   80         6.(f) Defacing or destroying the petitioner’s personal
   81  property, including the petitioner’s motor vehicle; or
   82         7.(g) Refusing to surrender firearms or ammunition if
   83  ordered to do so by the court,
   84  
   85  commits a misdemeanor of the first degree, punishable as
   86  provided in s. 775.082 or s. 775.083, except as provided in
   87  paragraph (b).
   88         (b) A person who has two or more prior convictions for
   89  violation of an injunction or foreign protection order and who
   90  commits any third or subsequent violation of the same injunction
   91  or foreign protection order commits a felony of the third
   92  degree,
   93  
   94  ================= T I T L E  A M E N D M E N T ================
   95  And the title is amended as follows:
   96         Delete lines 5 - 6
   97  and insert:
   98         for a third or subsequent violation of the same
   99         injunction for protection against specified acts of
  100         violence or the same