Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 1059
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Hukill moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 302 - 836
    4  and insert:
    5         SUSPICION TO THE CENTRAL ABUSE HOTLINE. I HAVE
    6         REPORTED THE ALLEGATIONS IN THIS PETITION TO THE
    7         CENTRAL ABUSE HOTLINE.
    8  
    9         I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND
   10         EACH SUCH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND
   11         THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING
   12         MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED
   13         IN SECTION 837.02, FLORIDA STATUTES.
   14  
   15         (c)Upon the filing of the petition, the court shall
   16  schedule a hearing on the petition on the earliest possible
   17  date.
   18         (4)CLERK’S DUTIES, RESPONSIBILITIES, AND CHARGES.—
   19         (a)The clerk of the circuit court shall assist the
   20  petitioner in filing an injunction for protection against
   21  exploitation of a vulnerable adult and any petition alleging a
   22  violation thereof.
   23         (b)The clerk of the circuit court shall provide simplified
   24  petition forms for the injunction for protection against
   25  exploitation of a vulnerable adult, and any modifications
   26  thereto, and for the enforcement thereof, and instructions for
   27  completion of such forms.
   28         (c)The clerk of the circuit court shall, to the extent
   29  practicable, ensure the petitioner’s privacy while completing
   30  such forms.
   31         (d)The clerk of the circuit court shall provide the
   32  petitioner with two certified copies of the petition for an
   33  injunction without charge, and shall inform the petitioner of
   34  the steps necessary for service of process and enforcement.
   35         (e)If an injunction is entered, the clerk of the circuit
   36  court shall provide, without charge, the petitioner with
   37  certified copies of an order of injunction that may be served
   38  upon any person holding property, upon any financial institution
   39  holding property or accounts, or upon any financial institution
   40  with an open line of credit that is subject to the freeze, and
   41  shall inform the petitioner of the service of process and
   42  enforcement.
   43         (f)The clerk of the circuit court and appropriate staff in
   44  each county shall receive training in the effective assistance
   45  of petitioners as provided or approved by the Florida
   46  Association of Court Clerks.
   47         (g)The clerk of the circuit court in each county shall
   48  produce an informational brochure and provide it to the
   49  petitioner at the time of filing for an injunction for
   50  protection against exploitation of a vulnerable adult. The
   51  brochure must include information about the exploitation of
   52  vulnerable adults and the effect of providing false information
   53  to the court. The clerk of the circuit court in each county
   54  shall also make available informational brochures on the
   55  exploitation of vulnerable adults to local senior centers, local
   56  aging and disability resource centers, or appropriate state or
   57  federal agencies.
   58         (h)The clerk of the circuit court shall provide a copy of
   59  all petitions filed pursuant to this section and all orders
   60  entered on such petitions to the adult protective services
   61  program. Within 72 hours after receipt of such orders or
   62  petitions, the adult protective services program shall submit to
   63  the court overseeing proceedings on the petition the results of
   64  any relevant investigations relating to the vulnerable adult.
   65         (i)Notwithstanding any other provision of law, the clerk
   66  of the circuit court may not assess an initial filing fee or
   67  service charge for petitions filed under this section. However,
   68  subject to legislative appropriation, the clerk of the circuit
   69  court may, on a quarterly basis, submit a certified request for
   70  reimbursement to the Office of the State Courts Administrator
   71  for the processing of such petitions, at the rate of $40 per
   72  petition. The request for reimbursement must be submitted in the
   73  form and manner prescribed by the office. From each
   74  reimbursement received, the clerk of the circuit court shall pay
   75  any law enforcement agency serving the injunction for protection
   76  against exploitation of a vulnerable adult the fee requested by
   77  the law enforcement agency, to not exceed $20.
   78         (5)TEMPORARY INJUNCTION; SERVICE; HEARING.—
   79         (a)1.The court may grant a temporary injunction ex parte,
   80  pending a full hearing, and may grant such relief as the court
   81  deems proper if the court finds that:
   82         a.An immediate and present danger of exploitation of the
   83  vulnerable adult exists.
   84         b.There is a likelihood of irreparable harm and
   85  nonavailability of an adequate remedy at law.
   86         c.There is a substantial likelihood of success on the
   87  merits.
   88         d.The threatened injury to the vulnerable adult outweighs
   89  possible harm to the respondent.
   90         e.Granting a temporary injunction will not disserve the
   91  public interest.
   92         f. Such injunction provides for the vulnerable adult’s
   93  physical or financial safety.
   94         2.Such relief the court deems proper may include, but is
   95  not limited to, injunctions doing any of the following:
   96         a.Restraining the respondent from committing any acts of
   97  exploitation against the vulnerable adult.
   98         b.Awarding to the vulnerable adult the temporary exclusive
   99  use and possession of the dwelling that the vulnerable adult and
  100  the respondent share, or barring the respondent from the
  101  residence of the vulnerable adult. The court shall confirm the
  102  availability of any required services or alternative caregivers
  103  that may be necessary to ensure the vulnerable adult’s safety.
  104         c.Freezing any assets of the vulnerable adult in any
  105  depository or financial institution whether titled solely in the
  106  vulnerable adult’s name, solely in the respondent’s name,
  107  jointly with the respondent, in guardianship, in trust, or in a
  108  Totten trust, provided that:
  109         (I)Assets held by a guardian for the vulnerable adult may
  110  be frozen only by an order entered by the court overseeing the
  111  guardianship proceeding.
  112         (II)Assets held by a trust may be frozen only by an order
  113  of the court if all the trustees of the trust are served with
  114  process and are given reasonable notice before any hearing on
  115  the petition.
  116         (III)Assets held solely in the name of the respondent may
  117  only be frozen on an ex parte basis if the petition and
  118  affidavit demonstrate to the court probable cause that such
  119  assets are traceable to the unlawful exploitation of the
  120  vulnerable adult, that such assets are likely to be returned to
  121  the vulnerable adult after a final evidentiary hearing, and that
  122  no other adequate remedy at law is reasonably available.
  123         d.Freezing any line of credit of the vulnerable adult at
  124  any depository or financial institution whether listed solely in
  125  the vulnerable adult’s name or jointly with the respondent.
  126         (I)Lines of credit held by a guardian for the vulnerable
  127  adult may be frozen only by an order entered by the court
  128  overseeing the guardianship proceeding.
  129         (II)Lines of credit held by a trust may be frozen only by
  130  an order of the court if all the trustees of the trust are
  131  served with process and are given reasonable notice before any
  132  hearing on the petition.
  133         e.Prohibiting the respondent from having direct or
  134  indirect contact with the vulnerable adult.
  135         f.Providing directives to law enforcement agencies.
  136         g.If the court has ordered an asset and credit freeze,
  137  ordering that specified living expenses of the vulnerable adult
  138  continue to be paid.
  139         h.Ordering any financial institution holding assets of the
  140  vulnerable adult to pay the clerk of the circuit court from
  141  unencumbered assets of the vulnerable adult, if any, a fee of
  142  $75 if the assets of the petitioner are between $1,500 and
  143  $5,000 or a fee of $200 if the assets are in excess of $5,000.
  144  The court may rely on the estimate of the value of the assets in
  145  the petition when assessing the fee. The fee shall be taxed as
  146  costs against the respondent if the court enters an injunction.
  147         (b)Except as provided in s. 90.204, in a hearing ex parte
  148  for the purpose of obtaining an ex parte temporary injunction,
  149  only verified pleadings or affidavits may be used as evidence
  150  unless the respondent appears at the hearing or has received
  151  reasonable notice of the hearing. A petition under this section
  152  shall be considered a family case for purposes of s. 90.204(4).
  153         (c)A denial of a petition for an ex parte injunction must
  154  be by written order and must note the legal grounds for denial.
  155  When the only ground for denial is failure to demonstrate
  156  appearance of an immediate and present danger of exploitation of
  157  a vulnerable adult, the court must set a full hearing on the
  158  petition for injunction at the earliest possible date. Nothing
  159  in this paragraph affects a petitioner’s right to promptly amend
  160  any petition consistent with court rules.
  161         (d)An ex parte temporary injunction may be effective for a
  162  fixed period not to exceed 15 days. A full hearing, as provided
  163  by this section, must be set for a date no later than the date
  164  when the temporary injunction ceases to be effective. The court
  165  may grant a continuance of the hearing, before or during the
  166  hearing, for good cause shown by any party, which good cause may
  167  include a continuance to obtain service of process. An ex parte
  168  injunction is not extended beyond the initial 15 days as a
  169  result of a continuance.
  170         (6)REASONABLE CAUSE.—In determining whether a petitioner
  171  has reasonable cause to believe that the vulnerable adult is, or
  172  is in imminent danger of becoming, a victim of exploitation, the
  173  court shall consider and evaluate all relevant factors,
  174  including, but not limited to, any of the following:
  175         (a)The existence of a verifiable order of protection
  176  issued previously or from another jurisdiction.
  177         (b)Any history of exploitation by the respondent upon the
  178  vulnerable adult in the petition or any other vulnerable adult.
  179         (c)Any history of the vulnerable adult being previously
  180  exploited or unduly influenced.
  181         (d)The capacity of the vulnerable adult to make decisions
  182  related to his or her finances and property.
  183         (e)Susceptibility of the vulnerable adult to undue
  184  influence.
  185         (f)Any criminal history of the respondent or previous
  186  probable cause findings by the adult protective services
  187  program, if known.
  188         (7)NOTICE OF PETITION AND INJUNCTION.—
  189         (a)The respondent shall be personally served, pursuant to
  190  chapter 48, with a copy of the petition, notice of hearing, and
  191  temporary injunction, if any, before the final hearing.
  192         (b)If the petitioner is acting in a representative
  193  capacity, the vulnerable adult shall also be served with a copy
  194  of the petition, notice of hearing, and temporary injunction, if
  195  any, before the final hearing.
  196         (c)If any assets or lines of credit are ordered to be
  197  frozen, the depository or financial institution must be served
  198  as provided in s. 655.0201.
  199         (8)FINAL HEARING ON PETITION.—
  200         (a)1.The court may grant such relief as the court deems
  201  proper when, upon notice and hearing, it appears to the court
  202  that:
  203         a.The vulnerable adult is the victim of exploitation or
  204  that the vulnerable adult is in imminent danger of becoming a
  205  victim of exploitation.
  206         b.There is a likelihood of irreparable harm and
  207  nonavailability of an adequate remedy at law.
  208         c.The threatened injury to the vulnerable adult outweighs
  209  possible harm to the respondent.
  210         d.Where the injunction freezes assets of the respondent,
  211  the court finds probable cause that exploitation has occurred,
  212  the freeze only affects the proceeds of such exploitation, and
  213  there is a substantial likelihood that such assets will be
  214  ordered to be returned to the vulnerable adult.
  215         e. The relief provides for the vulnerable adult’s physical
  216  or financial safety.
  217         2.Such relief may include, but need not be limited to,
  218  injunctions doing any of the following:
  219         a.Continuing the temporary injunction in part or in whole.
  220         b.Restraining the respondent from committing any acts of
  221  exploitation.
  222         c.Awarding to the vulnerable adult the exclusive use and
  223  possession of the dwelling that the vulnerable adult and the
  224  respondent share or excluding the respondent from the residence
  225  of the vulnerable adult. The court shall confirm the
  226  availability of any required services or alternative caregivers
  227  that may be necessary to ensure the vulnerable adult’s safety.
  228         d.Ordering the respondent to participate in treatment,
  229  intervention, or counseling services to be paid for by the
  230  respondent.
  231         e.Directing that assets under temporary freeze by
  232  injunction be returned to the vulnerable adult, or directing
  233  that those assets remain frozen until ownership can be
  234  determined; and directing that the temporary freeze on any line
  235  of credit be lifted.
  236         f.Where the court has found that the respondent has
  237  engaged in exploitation of the vulnerable adult, entering a
  238  final cost judgment against the respondent and in favor of the
  239  petitioner for all taxable costs, and entering a final cost
  240  judgment against the respondent and in favor of the clerk of the
  241  circuit court for all the clerk’s filing fees and service
  242  charges that were waived by operation of this section.
  243         g.Ordering such other relief as the court deems necessary
  244  for the protection of a victim of exploitation, including
  245  injunctions or directives to law enforcement agencies, as
  246  provided in this section.
  247         (b)The court must allow an advocate from a state
  248  attorney’s office, a law enforcement agency, or the adult
  249  protective services program to be present with the petitioner or
  250  the respondent during any court proceedings or hearings related
  251  to the injunction, provided the petitioner or the respondent has
  252  made such a request and the advocate is able to be present.
  253         (c)The terms of an injunction restraining the respondent
  254  as provided in paragraph (a) remain in effect until the
  255  injunction is modified or dissolved.
  256         (9)PROVISIONS REQUIRED IN ANY TEMPORARY OR PERMANENT
  257  INJUNCTION.—A temporary or final judgment on an injunction must,
  258  on its face, indicate:
  259         (a)That the injunction is valid and enforceable in all
  260  counties of this state.
  261         (b)That law enforcement officers may use their arrest
  262  powers under s. 901.15(6) to enforce the terms of the
  263  injunction.
  264         (c)That the court had jurisdiction over the parties and
  265  subject matter under state law and that reasonable notice and
  266  opportunity to be heard were given to the person against whom
  267  the order was sought, in a manner that was sufficient to protect
  268  that person’s right to due process.
  269         (d)If any assets or lines of credit are ordered to be
  270  frozen, the date that the depository or financial institution
  271  was served with the injunction as provided in s. 655.0201.
  272         (e)The date the respondent was served with the petition
  273  for injunction.
  274         (10)TRANSMITTAL TO SHERIFF; SERVICE.—
  275         (a)1.a.The clerk of the circuit court shall furnish a copy
  276  of the petition, the financial affidavit, the notice of hearing,
  277  and any temporary injunction to the sheriff or a law enforcement
  278  agency of the county in which the respondent resides or can be
  279  found, who shall serve it upon the respondent as soon thereafter
  280  as possible on any day of the week and at any time of the day or
  281  night. At the request of the sheriff, the clerk of the circuit
  282  court may transmit a facsimile copy of an injunction that has
  283  been certified by the clerk of the circuit court pursuant to
  284  subparagraph 4., and this facsimile copy may be served in the
  285  same manner as a certified copy. The clerk of the circuit court
  286  shall also furnish to the sheriff such information on the
  287  respondent’s physical description and location as is required by
  288  the Department of Law Enforcement to comply with the
  289  verification procedures set forth in sub-subparagraph b.
  290         b.Upon receiving a facsimile copy, the sheriff must verify
  291  receipt with the clerk of the circuit court before attempting to
  292  serve it upon the respondent. If the sheriff is in possession of
  293  an injunction that has been certified by the clerk of the
  294  circuit court, the sheriff may transmit a facsimile copy of that
  295  injunction to a law enforcement officer who shall serve it in
  296  the same manner as a certified copy.
  297         c.Notwithstanding any other provision of law, the chief
  298  judge of each judicial circuit, in consultation with the
  299  appropriate sheriff, may authorize a law enforcement agency
  300  within the jurisdiction to effect service. A law enforcement
  301  agency performing service pursuant to this section shall use
  302  service and verification procedures consistent with those of the
  303  sheriff.
  304         2.a.Except where the vulnerable adult is the petitioner,
  305  the clerk of the circuit court shall furnish a copy of the
  306  petition, the financial affidavit, the notice of hearing, and
  307  any temporary injunction to the sheriff or a law enforcement
  308  agency of the county in which the vulnerable adult resides or
  309  can be found, who shall serve it upon the vulnerable adult as
  310  soon thereafter as possible on any day of the week and at any
  311  time of the day or night. At the request of the sheriff, the
  312  clerk of the circuit court may transmit a facsimile copy of an
  313  injunction that has been certified by the clerk of the circuit
  314  court pursuant to subparagraph 4., and this facsimile copy may
  315  be served in the same manner as a certified copy. The clerk of
  316  the circuit court shall also furnish to the sheriff such
  317  information on the vulnerable adult’s physical description and
  318  location as is required by the Department of Law Enforcement to
  319  comply with the verification procedures set forth in sub
  320  subparagraph b.
  321         b.Upon receiving a facsimile copy, the sheriff must verify
  322  receipt with the clerk of the circuit court before attempting to
  323  serve it upon the vulnerable adult. If the sheriff is in
  324  possession of an injunction that has been certified by the clerk
  325  of the circuit court, the sheriff may transmit a facsimile copy
  326  of that injunction to a law enforcement officer, who shall serve
  327  it in the same manner as a certified copy.
  328         c.Notwithstanding any other provision of law, the chief
  329  judge of each judicial circuit, in consultation with the
  330  appropriate sheriff, may authorize a law enforcement agency
  331  within the jurisdiction of the circuit to effect service. A law
  332  enforcement agency performing service pursuant to this section
  333  shall use service and verification procedures consistent with
  334  those of the sheriff.
  335         3.When an injunction for protection against exploitation
  336  of a vulnerable adult is issued, if the petitioner requests that
  337  a law enforcement agency assist the vulnerable adult, the court
  338  may order that an officer from the appropriate law enforcement
  339  agency accompany the vulnerable adult and assist in the service
  340  or execution of the injunction, including returning possession
  341  of a dwelling or residence to the vulnerable adult. A law
  342  enforcement officer shall accept a copy of an injunction,
  343  certified by the clerk of the circuit court pursuant to
  344  subparagraph 4., from the petitioner and immediately serve it
  345  upon a respondent who has been located but not yet served. The
  346  law enforcement agency must also serve any injunction freezing
  347  assets on a financial institution where assets subject to
  348  dissipation are held, or where a credit line may be exploited.
  349  Service upon the depository or financial institution must be
  350  served as provided in s. 655.0201.
  351         4.The clerk of the circuit court shall certify a copy of
  352  all orders issued, changed, continued, extended, or vacated
  353  subsequent to the original service of the original petition,
  354  notice of hearing, or temporary injunction and deliver the
  355  certified copy to the parties at the time of the entry of the
  356  order. The parties may acknowledge receipt of a certified order
  357  in writing on the face of the original order. If a party fails
  358  or refuses to acknowledge the receipt of a certified copy of an
  359  order, the clerk of the circuit court must note on the original
  360  petition that service was effected. If delivery at the hearing
  361  during which an order is issued is not possible, the clerk of
  362  the circuit court shall mail certified copies of the order to
  363  the parties at their respective last known mailing addresses;
  364  except that service upon a depository or financial institution
  365  must be served as provided in s. 655.0201. Service by mail is
  366  complete upon mailing. When an order is served pursuant to this
  367  subparagraph the clerk of the circuit court shall notify the
  368  sheriff of the service and prepare a written certification to be
  369  placed in the court file specifying the time, date, and method
  370  of service.
  371         5.If the respondent has been previously served with the
  372  temporary injunction and has failed to appear at the initial
  373  hearing on the temporary injunction, any subsequent petition for
  374  an injunction seeking an extension of time may be served on the
  375  respondent by the clerk of the court by certified mail in lieu
  376  of personal service by a law enforcement officer.
  377         (b)1.Within 24 hours after the court issues an injunction
  378  for protection against exploitation of a vulnerable adult or
  379  changes, continues, extends, or vacates such an injunction, the
  380  clerk of the circuit court must forward a certified copy of the
  381  order to the sheriff with jurisdiction over the residence of the
  382  petitioner for service in accordance with this subsection.
  383         2.Within 24 hours after service of an injunction for
  384  protection against exploitation of a vulnerable adult upon a
  385  respondent, the law enforcement officer who served the
  386  injunction must forward the written proof of service to the
  387  sheriff with jurisdiction over the residence of the petitioner.
  388         3.Within 24 hours after the sheriff receives a certified
  389  copy of the injunction for protection against exploitation of a
  390  vulnerable adult, the sheriff must make information related to
  391  the injunction available to this state’s law enforcement
  392  agencies by electronically transmitting such information to the
  393  Department of Law Enforcement.
  394         4.Within 24 hours after the sheriff or other law
  395  enforcement officer has made service upon the respondent and the
  396  sheriff has been so notified, the sheriff must make information
  397  relating to the service available to other law enforcement
  398  agencies by electronically transmitting such information to the
  399  Department of Law Enforcement.
  400         5.Within 24 hours after an injunction for protection
  401  against exploitation of a vulnerable adult is terminated or
  402  otherwise rendered no longer effective by ruling of the court,
  403  the clerk of the circuit court must notify the sheriff receiving
  404  original notification of the injunction as provided in
  405  subparagraph 1. The sheriff shall, within 24 hours after
  406  receiving such notification from the clerk of the circuit court,
  407  notify the Department of Law Enforcement of such court action.
  408         (11)ENFORCEMENT.—
  409         (a)As to the respondent, the court may enforce a violation
  410  of an injunction for protection against exploitation of a
  411  vulnerable adult through a civil or criminal contempt
  412  proceeding, and the state attorney may prosecute it as a
  413  criminal violation under s. 825.1036. Any assessment or fine
  414  ordered by the court enforcing such injunction shall be
  415  collected by the clerk of the circuit court and transferred on a
  416  monthly basis to the Department of Revenue for deposit in the
  417  Domestic Violence Trust Fund.
  418         (b)If the respondent is arrested by a law enforcement
  419  officer under s. 901.15(6) or for a violation of s. 825.1036,
  420  the respondent must be held in custody until he or she is
  421  brought before the court, which must occur as expeditiously as
  422  possible, for the purpose of enforcing the injunction for
  423  protection against exploitation of a vulnerable adult and for
  424  admittance to bail in accordance with chapter 903 and the
  425  applicable rules of criminal procedure, pending a hearing.
  426         (12)JUDGMENT FOR DAMAGES.—Actual damages may be assessed
  427  against the petitioner in a proceeding under this section if the
  428  court finds that the petition lacks substantial fact or legal
  429  support.
  430         (13)MODIFICATION OR DISSOLUTION OF INJUNCTION.—The
  431  petitioner, respondent, or vulnerable adult may move at any time
  432  to modify or dissolve the injunction in part or in whole. No
  433  specific allegations are required for modification or
  434  dissolution of the injunction, which may be granted in addition
  435  to other civil or criminal penalties. The court shall promptly
  436  hear a motion to modify or dissolve an injunction.
  437         (14)LIMITATION.—Nothing in this section may affect title
  438  to real property.
  439         Section 3. Section 825.1036, Florida Statutes, is created
  440  to read:
  441         825.1036Violation of an injunction for protection against
  442  exploitation of a vulnerable adult.—
  443         (1)In the event of a violation of an injunction for
  444  protection against exploitation of a vulnerable adult when the
  445  person who violated such injunction has not been arrested, the
  446  petitioner may contact the clerk of the circuit court of the
  447  county in which the violation is alleged to have occurred. The
  448  clerk of the circuit court shall assist the petitioner in the
  449  preparation of an affidavit in support of the violation or
  450  direct the petitioner to the office operated by the court within
  451  the circuit which has been designated by the chief judge of the
  452  judicial circuit as the central intake point for injunction
  453  violations and where the petitioner can receive assistance in
  454  the preparation of the affidavit in support of the violation.
  455         (2)The affidavit shall be immediately forwarded by the
  456  clerk of the circuit court or the office assisting the
  457  petitioner to the state attorney of the circuit and to the court
  458  or judge as the chief judge of the circuit determines to be the
  459  recipient of affidavits of violation. If the affidavit alleges
  460  that a crime has been committed, the clerk of the circuit court
  461  or the office assisting the petitioner shall also forward a copy
  462  of the affidavit to the appropriate law enforcement agency for
  463  investigation. Within 20 days after receipt of the affidavit,
  464  the local law enforcement agency shall complete its
  465  investigation and forward the affidavit and a report containing
  466  the agency’s findings to the state attorney. The state attorney
  467  shall determine within 30 business days whether its office will
  468  proceed to file criminal charges, prepare a motion for an order
  469  to show cause as to why the respondent should not be held in
  470  criminal contempt, prepare both as alternative findings, or file
  471  notice that the case remains under investigation or is pending
  472  subject to another action.
  473         (3)If, based on its familiarity with the case, the court
  474  has knowledge that the vulnerable adult is in immediate danger
  475  if the court fails to act before the decision of the state
  476  attorney to prosecute, it should immediately issue an order of
  477  appointment of the state attorney to file a motion for an order
  478  to show cause as to why the respondent should not be held in
  479  contempt. If the court does not issue an order of appointment of
  480  the state attorney, it shall immediately notify the state
  481  attorney that the court is proceeding to enforce the violation
  482  through a ruling of criminal contempt.
  483         (4)(a)Except as provided in paragraph (b), a person who
  484  willfully violates an injunction for protection against
  485  exploitation of a vulnerable adult commits a misdemeanor of the
  486  first degree, punishable as provided in s. 775.082 or s.
  487  775.083. A person may violate such injunction by:
  488         1.Refusing to vacate the dwelling shared with the
  489  vulnerable adult;
  490         2.Going to or being within 500 feet of the vulnerable
  491  adult’s residence;
  492         3.Exploiting or unduly influencing the vulnerable adult;
  493         4.Committing any other violation of the injunction through
  494  an intentional unlawful threat, word, or act to do violence to
  495  the vulnerable adult;
  496         5.Telephoning, contacting, or otherwise communicating with
  497  the vulnerable adult directly or indirectly, unless the
  498  injunction specifically allows indirect contact through a third
  499  party;
  500         6.Knowingly and intentionally coming within 100 feet of
  501  the vulnerable adult’s motor vehicle, regardless of whether that
  502  vehicle is occupied; or
  503         7.Defacing or destroying the vulnerable adult’s personal
  504  property.
  505         (b)A person who has two or more prior convictions for
  506  violation of an injunction or foreign protection order against
  507  the same victim, and who subsequently commits a violation of any
  508  injunction or foreign protection order against the same victim,
  509  commits a felony of the third degree, punishable as provided in
  510  s. 775.082, s. 775.083, or s. 775.084. For purposes of this
  511  paragraph, the term “conviction” means a determination of guilt
  512  which is the result of a plea or a trial, regardless of whether
  513  adjudication is withheld or a plea of nolo contendere is
  514  entered.
  515         (5)A vulnerable adult who suffers an injury or loss as a
  516  result of a violation of an injunction for protection against
  517  exploitation of a vulnerable adult may be awarded economic
  518  damages and attorney fees and costs for enforcement of such
  519  injunction.
  520         (6)A financial institution holding assets or having issued
  521  a line of credit ordered to be frozen under s. 825.1035 is not
  522  considered a party to the action and is not liable for damages
  523  or penalty by reason of any action or inaction made in
  524  accordance with s. 825.1035. No private cause of action may be
  525  brought against a financial institution for any action or
  526  inaction made pursuant to an injunction or any other court order
  527  entered pursuant to s. 825.1035, unless such action was a
  528  knowing and intentional violation of the injunction.
  529         Section 4. Subsection (6) of section 901.15, Florida
  530  Statutes, is amended to read:
  531         901.15 When arrest by officer without warrant is lawful.—A
  532  law enforcement officer may arrest a person without a warrant
  533  when:
  534         (6) There is probable cause to believe that the person has
  535  committed a criminal act according to s. 790.233 or according to
  536  s. 741.31, or s. 784.047, or s. 825.1036 which violates an
  537  injunction for protection entered pursuant to s. 741.30, or s.
  538  784.046, or s. 825.1035 or a foreign protection order accorded
  539  full faith and credit pursuant to s. 741.315, over the objection
  540  of the petitioner, if necessary.
  541         Section 5. Paragraph (e) of subsection (3) of section
  542  415.107, Florida Statutes, is amended to read:
  543         415.107 Confidentiality of reports and records.—
  544         (3) Access to all records, excluding the name of the
  545  reporter which shall be released only as provided in subsection
  546  (6), shall be granted only to the following persons, officials,
  547  and agencies:
  548         (e) A court, pursuant to s. 825.1035(4)(h); or by