Florida Senate - 2016                                     SB 380
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00301A-16                                           2016380__
    1                        A bill to be entitled                      
    2         An act relating to violation of an injunction for
    3         protection; amending ss. 741.31, 784.047, and
    4         784.0487, F.S.; providing enhanced criminal penalties
    5         for a third or subsequent violation of an injunction
    6         for protection against specified acts of violence or a
    7         foreign protection order issued under specified
    8         provisions; 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. Section 784.047, Florida Statutes, is amended to
   66  read:
   67         784.047 Penalties for violating protective injunction
   68  against violators.—
   69         (1) A person who willfully violates an injunction for
   70  protection against repeat violence, sexual violence, or dating
   71  violence, issued pursuant to s. 784.046, or a foreign protection
   72  order accorded full faith and credit pursuant to s. 741.315 by:
   73         (a)(1) Refusing to vacate the dwelling that the parties
   74  share;
   75         (b)(2) Going to, or being within 500 feet of, the
   76  petitioner’s residence, school, place of employment, or a
   77  specified place frequented regularly by the petitioner and any
   78  named family or household member;
   79         (c)(3) Committing an act of repeat violence, sexual
   80  violence, or dating violence against the petitioner;
   81         (d)(4) Committing any other violation of the injunction
   82  through an intentional unlawful threat, word, or act to do
   83  violence to the petitioner;
   84         (e)(5) Telephoning, contacting, or otherwise communicating
   85  with the petitioner directly or indirectly, unless the
   86  injunction specifically allows indirect contact through a third
   87  party;
   88         (f)(6) Knowingly and intentionally coming within 100 feet
   89  of the petitioner’s motor vehicle, whether or not that vehicle
   90  is occupied;
   91         (g)(7) Defacing or destroying the petitioner’s personal
   92  property, including the petitioner’s motor vehicle; or
   93         (h)(8) Refusing to surrender firearms or ammunition if
   94  ordered to do so by the court,
   95  
   96  commits a misdemeanor of the first degree, punishable as
   97  provided in s. 775.082 or s. 775.083, except as provided in
   98  subsection (2).
   99         (2) A person who has two or more prior convictions for
  100  violation of an injunction and who commits any third or
  101  subsequent violation commits a felony of the third degree,
  102  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  103  For purposes of this subsection, the term “conviction” means a
  104  determination of guilt that is the result of a plea or a trial,
  105  regardless of whether adjudication is withheld or a plea of nolo
  106  contendere is entered.
  107         Section 3. Subsection (4) of section 784.0487, Florida
  108  Statutes, is amended to read:
  109         784.0487 Violation of an injunction for protection against
  110  stalking or cyberstalking.—
  111         (4)(a) A person who willfully violates an injunction for
  112  protection against stalking or cyberstalking issued pursuant to
  113  s. 784.0485, or a foreign protection order accorded full faith
  114  and credit pursuant to s. 741.315, by:
  115         1.(a) Going to, or being within 500 feet of, the
  116  petitioner’s residence, school, place of employment, or a
  117  specified place frequented regularly by the petitioner and any
  118  named family members or individuals closely associated with the
  119  petitioner;
  120         2.(b) Committing an act of stalking against the petitioner;
  121         3.(c) Committing any other violation of the injunction
  122  through an intentional unlawful threat, word, or act to do
  123  violence to the petitioner;
  124         4.(d) Telephoning, contacting, or otherwise communicating
  125  with the petitioner, directly or indirectly, unless the
  126  injunction specifically allows indirect contact through a third
  127  party;
  128         5.(e) Knowingly and intentionally coming within 100 feet of
  129  the petitioner’s motor vehicle, whether or not that vehicle is
  130  occupied;
  131         6.(f) Defacing or destroying the petitioner’s personal
  132  property, including the petitioner’s motor vehicle; or
  133         7.(g) Refusing to surrender firearms or ammunition if
  134  ordered to do so by the court,
  135  
  136  commits a misdemeanor of the first degree, punishable as
  137  provided in s. 775.082 or s. 775.083, except as provided in
  138  paragraph (b).
  139         (b) A person who has two or more prior convictions for
  140  violation of an injunction and who commits any third or
  141  subsequent violation commits a felony of the third degree,
  142  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  143  For purposes of this paragraph, the term “conviction” means a
  144  determination of guilt that is the result of a plea or a trial,
  145  regardless of whether adjudication is withheld or a plea of nolo
  146  contendere is entered.
  147         Section 4. This act shall take effect October 1, 2016.