Florida Senate - 2021                      CS for CS for SB 1344
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senator Burgess
       
       
       
       
       576-04458-21                                          20211344c2
    1                        A bill to be entitled                      
    2         An act relating to protection of elderly persons and
    3         disabled adults; amending s. 16.56, F.S.; adding
    4         offenses concerning elderly persons and disabled
    5         adults to the authority of the Office of Statewide
    6         Prosecution; amending s. 733.303, F.S.; providing that
    7         a person who has been convicted of abuse, neglect, or
    8         exploitation of an elderly person or a disabled adult
    9         is not qualified to act as a personal representative;
   10         creating s. 732.8031, F.S.; providing for forfeiture
   11         of specified benefits of persons who have been
   12         convicted of certain offenses involving elderly
   13         persons or disabled adults; providing that certain
   14         persons who have been convicted of certain offenses
   15         involving elderly persons or disabled adults may still
   16         retain an inheritance, survivorship rights, or any
   17         other rights if the victim executes a specified
   18         instrument; amending s. 736.1104, F.S.; providing that
   19         a beneficiary of a trust may not benefit under the
   20         trust if the person was convicted of certain offenses
   21         involving elderly persons or disabled adults; amending
   22         s. 825.101, F.S.; defining terms; amending s. 825.102,
   23         F.S.; specifying additional conduct that constitutes
   24         abuse of an elderly person or a disabled adult;
   25         providing a defense to certain violations; providing
   26         criminal penalties; amending s. 825.103, F.S.;
   27         specifying additional conduct that constitutes
   28         exploitation of an elderly person or a disabled adult;
   29         providing criminal penalties; amending s. 825.1035,
   30         F.S.; revising provisions concerning injunctions for
   31         protection against exploitation of a vulnerable adult;
   32         providing for extension of ex parte temporary
   33         injunctions; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (a) of subsection (1) of section
   38  16.56, Florida Statutes, is amended to read:
   39         16.56 Office of Statewide Prosecution.—
   40         (1) There is created in the Department of Legal Affairs an
   41  Office of Statewide Prosecution. The office shall be a separate
   42  “budget entity” as that term is defined in chapter 216. The
   43  office may:
   44         (a) Investigate and prosecute the offenses of:
   45         1. Bribery, burglary, criminal usury, extortion, gambling,
   46  kidnapping, larceny, murder, prostitution, perjury, robbery,
   47  carjacking, home-invasion robbery, and patient brokering;
   48         2. Any crime involving narcotic or other dangerous drugs;
   49         3. Any violation of the Florida RICO (Racketeer Influenced
   50  and Corrupt Organization) Act, including any offense listed in
   51  the definition of racketeering activity in s. 895.02(8)(a),
   52  providing such listed offense is investigated in connection with
   53  a violation of s. 895.03 and is charged in a separate count of
   54  an information or indictment containing a count charging a
   55  violation of s. 895.03, the prosecution of which listed offense
   56  may continue independently if the prosecution of the violation
   57  of s. 895.03 is terminated for any reason;
   58         4. Any violation of the Florida Anti-Fencing Act;
   59         5. Any violation of the Florida Antitrust Act of 1980, as
   60  amended;
   61         6. Any crime involving, or resulting in, fraud or deceit
   62  upon any person;
   63         7. Any violation of s. 847.0135, relating to computer
   64  pornography and child exploitation prevention, or any offense
   65  related to a violation of s. 847.0135 or any violation of
   66  chapter 827 where the crime is facilitated by or connected to
   67  the use of the Internet or any device capable of electronic data
   68  storage or transmission;
   69         8. Any violation of chapter 815;
   70         9.Any violation of chapter 825;
   71         10.9. Any criminal violation of part I of chapter 499;
   72         11.10. Any violation of the Florida Motor Fuel Tax Relief
   73  Act of 2004;
   74         12.11. Any criminal violation of s. 409.920 or s. 409.9201;
   75         13.12. Any crime involving voter registration, voting, or
   76  candidate or issue petition activities;
   77         14.13. Any criminal violation of the Florida Money
   78  Laundering Act;
   79         15.14. Any criminal violation of the Florida Securities and
   80  Investor Protection Act; or
   81         16.15. Any violation of chapter 787, as well as any and all
   82  offenses related to a violation of chapter 787;
   83  
   84  or any attempt, solicitation, or conspiracy to commit any of the
   85  crimes specifically enumerated above. The office shall have such
   86  power only when any such offense is occurring, or has occurred,
   87  in two or more judicial circuits as part of a related
   88  transaction, or when any such offense is connected with an
   89  organized criminal conspiracy affecting two or more judicial
   90  circuits. Informations or indictments charging such offenses
   91  shall contain general allegations stating the judicial circuits
   92  and counties in which crimes are alleged to have occurred or the
   93  judicial circuits and counties in which crimes affecting such
   94  circuits or counties are alleged to have been connected with an
   95  organized criminal conspiracy.
   96         Section 2. Subsection (1) of section 733.303, Florida
   97  Statutes, is amended to read:
   98         733.303 Persons not qualified.—
   99         (1) A person is not qualified to act as a personal
  100  representative if the person:
  101         (a) Has been convicted of a felony.
  102         (b) Has been convicted in any state or foreign jurisdiction
  103  of abuse, neglect, or exploitation of an elderly person or a
  104  disabled adult, as those terms are defined in s. 825.101.
  105         (c)(b) Is mentally or physically unable to perform the
  106  duties.
  107         (d)(c) Is under the age of 18 years.
  108         Section 3. Section 732.8031, Florida Statutes, is created
  109  to read:
  110         732.8031 Forfeiture for abuse, neglect, exploitation, or
  111  aggravated manslaughter of an elderly person or a disabled
  112  adult.—
  113         (1) A surviving person who is convicted in any state or
  114  foreign jurisdiction of abuse, neglect, exploitation, or
  115  aggravated manslaughter of an elderly person or a disabled
  116  adult, as those terms are defined in s. 825.101, for conduct
  117  against the decedent or another person on whose death such
  118  beneficiary’s interest depends is not entitled to any benefits
  119  under the will of the decedent or the Florida Probate Code, and
  120  the estate of the decedent passes as if the abuser, neglector,
  121  exploiter, or killer had predeceased the decedent. Property
  122  appointed by the will of the decedent to or for the benefit of
  123  the abuser, neglector, exploiter, or killer passes as if the
  124  abuser, neglector, exploiter, or killer had predeceased the
  125  decedent.
  126         (a) A final judgment of conviction for abuse, neglect,
  127  exploitation, or aggravated manslaughter of the decedent or
  128  other person creates a rebuttable presumption that this section
  129  applies.
  130         (b) In the absence of a qualifying conviction, the court
  131  may determine by the greater weight of the evidence whether the
  132  decedent’s or other person’s death was caused by or contributed
  133  to by the abuser’s, neglector’s, exploiter’s, or killer’s
  134  conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
  135  for purposes of this section.
  136         (2) A joint tenant who is convicted in any state or foreign
  137  jurisdiction of abuse, neglect, exploitation, or aggravated
  138  manslaughter of an elderly person or a disabled adult, as those
  139  terms are defined in s. 825.101, for conduct against another
  140  joint tenant decedent thereby effects a severance of the
  141  interest of the decedent so that the share of the decedent
  142  passes as the decedent’s sole property and as if the abuser,
  143  neglector, exploiter, or killer has no rights by survivorship.
  144  This subsection applies to joint tenancies with right of
  145  survivorship and tenancies by the entirety in real and personal
  146  property; joint and multiple-party accounts in banks, savings
  147  and loan associations, credit unions, and other financial
  148  institutions; and any other form of coownership with
  149  survivorship interests.
  150         (a) A final judgment of conviction for abuse, neglect,
  151  exploitation, or aggravated manslaughter of the decedent or
  152  other person creates a rebuttable presumption that this section
  153  applies.
  154         (b) In the absence of a qualifying conviction, the court
  155  may determine by the greater weight of the evidence whether the
  156  decedent’s or other person’s death was caused by or contributed
  157  to by the abuser’s, neglector’s, exploiter’s, or killer’s
  158  conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
  159  for purposes of this section.
  160         (3) A named beneficiary of a bond, life insurance policy,
  161  or other contractual arrangement who is convicted in any state
  162  or foreign jurisdiction of abuse, neglect, exploitation, or
  163  aggravated manslaughter of an elderly person or a disabled
  164  adult, as those terms are defined in s. 825.101, for conduct
  165  against the owner or principal obligee of the bond, life
  166  insurance policy, or other contractual arrangement or the person
  167  upon whose life such policy was issued is not entitled to any
  168  benefit under the bond, policy, or other contractual
  169  arrangement, and the bond, policy, or other contractual
  170  arrangement becomes payable as though the abuser, neglector,
  171  exploiter, or killer had predeceased the decedent.
  172         (a) A final judgment of conviction for abuse, neglect,
  173  exploitation, or aggravated manslaughter of the decedent or
  174  other person creates a rebuttable presumption that this section
  175  applies.
  176         (b) In the absence of a qualifying conviction, the court
  177  may determine by the greater weight of the evidence whether the
  178  decedent’s or other person’s death was caused by or contributed
  179  to by the abuser’s, neglector’s, exploiter’s, or killer’s
  180  conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
  181  for purposes of this section.
  182         (4)Any other property or interest acquired as a result of
  183  the abuse, neglect, exploitation, or manslaughter must be
  184  returned in accordance with this section.
  185         (5)(a)This section does not affect the rights of any
  186  person who purchases property for value and without notice from
  187  the abuser, neglector, exploiter, or killer before rights have
  188  been adjudicated in accordance with this section.
  189         (b)The abuser, neglector, exploiter, or killer is liable
  190  for the amount of the proceeds or the value of the property
  191  under paragraph (a).
  192         (6)Any insurance company, financial institution, or other
  193  obligor making payment according to the terms of its policy or
  194  obligation is not liable by reason of this section unless more
  195  than 2 business days before payment it receives at its home
  196  office or principal address written notice, or in the case of a
  197  financial institution it receives notice in accordance with s.
  198  655.0201, of a claim under this section.
  199         (7)This section does not apply if it can be proven by
  200  clear and convincing evidence that, after the conviction of
  201  abuse, neglect, or exploitation, the victim of the offense, if
  202  capacitated, ratifies an intent that the person so convicted of
  203  abuse, neglect, or exploitation retain his or her inheritance,
  204  survivorship rights, or any other right that might otherwise be
  205  removed by this section by executing a valid written instrument,
  206  sworn to and witnessed by two persons who would be competent as
  207  witnesses to a will, which expresses a specific intent to allow
  208  the convicted person to retain his or her inheritance,
  209  survivorship rights, or any other right that might otherwise be
  210  removed by this section.
  211         Section 4. Subsection (3) is added to section 736.1104,
  212  Florida Statutes, to read:
  213         736.1104 Person Killer not entitled to receive property or
  214  other benefits by reason of victim’s death.—
  215         (3)A beneficiary of a trust who was convicted in any state
  216  or foreign jurisdiction of abuse, neglect, exploitation, or
  217  aggravated manslaughter of an elderly person or a disabled
  218  adult, as those terms are defined in s. 825.101, for conduct
  219  against a settlor or another person on whose death such
  220  beneficiary’s interest depends is not entitled to any trust
  221  interest, including a homestead dependent on the victim’s death,
  222  and such interest shall devolve as though the abuser, neglector,
  223  exploiter, or killer had predeceased the victim.
  224         (a)A final judgment of conviction for abuse, neglect,
  225  exploitation, or aggravated manslaughter of the decedent or
  226  other person creates a rebuttable presumption that this section
  227  applies.
  228         (b)In the absence of a qualifying conviction, the court
  229  may determine by the greater weight of the evidence whether the
  230  decedent’s or other person’s death was caused by or contributed
  231  to by the abuser’s, neglector’s, exploiter’s, or killer’s
  232  conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
  233  for purposes of this section.
  234         (c)This subsection does not apply if it can be proven by
  235  clear and convincing evidence that, after the conviction of
  236  abuse, neglect, or exploitation, the victim of the offense, if
  237  capacitated, ratifies an intent that the person so convicted of
  238  abuse, neglect, or exploitation retain a trust interest by
  239  executing a valid written instrument, sworn to and witnessed by
  240  two persons who would be competent as witnesses to a will, which
  241  expresses a specific intent to allow the convicted person to
  242  retain a trust interest.
  243         Section 5. Present subsections (8) through (14) of section
  244  825.101, Florida Statutes, are redesignated as subsections (10)
  245  through (16), respectively, and new subsections (8) and (9) are
  246  added to that section, to read:
  247         825.101 Definitions.—As used in this chapter:
  248         (8)“Improper benefit” means any remuneration or payment,
  249  by or on behalf of any service provider or merchant of goods, to
  250  any person as an incentive or inducement to refer customers or
  251  patrons for past or future services or goods.
  252         (9)“Kickback” has the same meaning as in s. 456.054(1).
  253         Section 6. Paragraphs (b) and (c) of subsection (1) of
  254  section 825.102, Florida Statutes, are amended, and paragraph
  255  (d) is added to that subsection, to read:
  256         825.102 Abuse, aggravated abuse, and neglect of an elderly
  257  person or disabled adult; penalties.—
  258         (1) “Abuse of an elderly person or disabled adult” means:
  259         (b) An intentional act that could reasonably be expected to
  260  result in physical or psychological injury to an elderly person
  261  or disabled adult; or
  262         (c) Active encouragement of any person to commit an act
  263  that results or could reasonably be expected to result in
  264  physical or psychological injury to an elderly person or
  265  disabled adult; or
  266         (d)Intentionally, and without lawful authority, isolating
  267  or restricting access of an elderly person or a disabled adult
  268  to family members for any length of time which could reasonably
  269  be expected to result in physical or psychological injury to the
  270  elderly person or disabled adult, or with the intent to promote,
  271  facilitate, conceal, or disguise some form of criminal activity
  272  involving the person or property of the elderly person or
  273  disabled adult. It is a defense to a violation of this paragraph
  274  that the defendant had reasonable cause to believe that his or
  275  her action was necessary to protect the elderly person or
  276  disabled adult from danger to his or her welfare.
  277  
  278  A person who knowingly or willfully abuses an elderly person or
  279  disabled adult without causing great bodily harm, permanent
  280  disability, or permanent disfigurement to the elderly person or
  281  disabled adult commits a felony of the third degree, punishable
  282  as provided in s. 775.082, s. 775.083, or s. 775.084.
  283         Section 7. Paragraphs (c), (d), and (e) of subsection (1)
  284  of section 825.103, Florida Statutes, are amended, and paragraph
  285  (f) is added to that subsection, to read:
  286         825.103 Exploitation of an elderly person or disabled
  287  adult; penalties.—
  288         (1) “Exploitation of an elderly person or disabled adult”
  289  means:
  290         (c) Breach of a fiduciary duty to an elderly person or
  291  disabled adult by the person’s guardian, trustee who is an
  292  individual, or agent under a power of attorney which results in
  293  an unauthorized appropriation, sale, or transfer of property,
  294  kickback, or receipt of an improper benefit. An unauthorized
  295  appropriation under this paragraph occurs when the elderly
  296  person or disabled adult does not receive the reasonably
  297  equivalent financial value in goods or services, or when the
  298  fiduciary violates any of these duties:
  299         1. For agents appointed under chapter 709:
  300         a. Committing fraud in obtaining their appointments;
  301         b.Obtaining appointments with the purpose and design of
  302  benefiting someone other than the principal or beneficiary;
  303         c.b. Abusing their powers;
  304         d.c. Wasting, embezzling, or intentionally mismanaging the
  305  assets of the principal or beneficiary; or
  306         e.d. Acting contrary to the principal’s sole benefit or
  307  best interest; or
  308         2. For guardians and trustees who are individuals and who
  309  are appointed under chapter 736 or chapter 744:
  310         a. Committing fraud in obtaining their appointments;
  311         b.Obtaining appointments with the purpose and design of
  312  benefiting someone other than the principal or beneficiary;
  313         c.b. Abusing their powers; or
  314         d.c. Wasting, embezzling, or intentionally mismanaging the
  315  assets of the ward or beneficiary of the trust;
  316         (d) Misappropriating, misusing, or transferring without
  317  authorization money belonging to an elderly person or disabled
  318  adult from an account in which the elderly person or disabled
  319  adult placed the funds, owned the funds, and was the sole
  320  contributor or payee of the funds before the misappropriation,
  321  misuse, or unauthorized transfer. This paragraph only applies to
  322  the following types of accounts:
  323         1. Personal accounts;
  324         2. Joint accounts created with the intent that only the
  325  elderly person or disabled adult enjoys all rights, interests,
  326  and claims to moneys deposited into such account; or
  327         3. Convenience accounts created in accordance with s.
  328  655.80; or
  329         (e) Intentionally or negligently failing to effectively use
  330  an elderly person’s or disabled adult’s income and assets for
  331  the necessities required for that person’s support and
  332  maintenance, by a caregiver or a person who stands in a position
  333  of trust and confidence with the elderly person or disabled
  334  adult; or
  335         (f)Knowingly obtaining or using, endeavoring to obtain or
  336  use, or conspiring with another to obtain or use an elderly
  337  person’s or a disabled adult’s funds, assets, property, or
  338  estate through intentional modification, alteration, or
  339  fraudulent creation of a plan of distribution or disbursement
  340  expressed in a will, trust agreement, or other testamentary
  341  devise of the elderly person or disabled adult without:
  342         1.A court order, from a court having jurisdiction over the
  343  elderly person or disabled adult, which authorizes the
  344  modification or alteration;
  345         2.A written instrument executed by the elderly person or
  346  disabled adult, sworn to and witnessed by two persons who would
  347  be competent as witnesses to a will, which authorizes the
  348  modification or alteration; or
  349         3.Action of an agent under a valid power of attorney
  350  executed by the elderly person or disabled adult which
  351  authorizes the modification or alteration.
  352         Section 8. Paragraph (a) of subsection (2), paragraph (a)
  353  of subsection (3), and paragraph (d) of subsection (5) of
  354  section 825.1035, Florida Statutes, are amended to read:
  355         825.1035 Injunction for protection against exploitation of
  356  a vulnerable adult.—
  357         (2) WHO MAY FILE; VENUE; RECORDING.—
  358         (a) The cause of action may be sought in an adversary
  359  proceeding by:
  360         1. A vulnerable adult in imminent danger of being
  361  exploited;
  362         2. The guardian of a vulnerable adult in imminent danger of
  363  being exploited;
  364         3. A person or organization acting on behalf of the
  365  vulnerable adult with the consent of the vulnerable adult or his
  366  or her guardian; or
  367         4.An agent under a valid durable power of attorney with
  368  the authority specifically granted in the power of attorney; or
  369         5.4. A person who simultaneously files a petition for
  370  determination of incapacity and appointment of an emergency
  371  temporary guardian with respect to the vulnerable adult.
  372         (3) FORM OF PETITION.—
  373         (a) A sworn petition filed under this section must allege
  374  the existence of exploitation, or the imminent exploitation, of
  375  the vulnerable adult and must include the specific facts and
  376  circumstances for which relief is sought. The sworn petition
  377  must be in substantially the following form:
  378  
  379               PETITION FOR INJUNCTION FOR PROTECTION              
  380             AGAINST EXPLOITATION OF A VULNERABLE ADULT            
  381  
  382  Before me, the undersigned authority, personally appeared
  383  Petitioner ...(Name)..., who has been sworn and says that the
  384  following statements are true:
  385         1.The petitioner’s name is: _____________________________
  386         2.The petitioner’s address is: __________________________
  387         3. The petitioner’s relationship to the vulnerable adult
  388  is: _______________________
  389         4. How long has the petitioner known the vulnerable adult:
  390  ___________________________
  391         5. The vulnerable adult’s name is: _______________________
  392         6. Aliases of the vulnerable adult are: __________________
  393         7. The vulnerable adult’s date of birth is: _________
  394         8.1. The vulnerable adult’s address is adult resides at:
  395  ____________________________ ...(address)....
  396         9. Does the vulnerable adult have one or more impairments
  397  that impact his or her ability to perform normal activities of
  398  daily living or to provide for his or her own care or
  399  protection?
  400         Yes______	No______
  401         If so, what are this person’s impairments? (check all that
  402  apply)
  403         .... Long-term physical disability
  404         .... Sensory disability (e.g., hearing or vision impaired)
  405         .... Cognitive disability
  406         .... Mental or emotional disability
  407         .... Developmental disability
  408         .... Infirmity of aging
  409         .... Other (explain)
  410         10.2. The respondent’s last known address is respondent
  411  resides at: _____________________ ...(last known address)....
  412         11.3. The respondent’s last known place of employment is:
  413  ...(name of business and address)....
  414         12.4. Physical description of the respondent: ....
  415         Race....
  416         Sex....
  417         Date of birth....
  418         Height....
  419         Weight....
  420         Eye color....
  421         Hair color....
  422         Distinguishing marks or scars....
  423         13.5. Aliases of the respondent: ....
  424         14.6. The respondent is associated with the vulnerable
  425  adult as follows: ....
  426         15.7. The following describes any other cause of action
  427  currently pending between the petitioner and the respondent, any
  428  proceeding under chapter 744 concerning the vulnerable adult,
  429  and any previous or pending attempts by the petitioner to obtain
  430  an injunction for protection against exploitation of the
  431  vulnerable adult in this or any other circuit; related case
  432  numbers, if available; and the results of any such
  433  attempts:......................................................
  434  .........
  435         16.8. The following describes the petitioner’s knowledge of
  436  any reports made to a government agency, including, but not
  437  limited to, the Department of Elderly Affairs, the Department of
  438  Children and Families, and the adult protective services program
  439  relating to the abuse, neglect, or exploitation of the
  440  vulnerable adult; any investigations performed by a government
  441  agency relating to abuse, neglect, or exploitation of the
  442  vulnerable adult; and the results of any such reports or
  443  investigations: ....
  444         17.9. The petitioner knows the vulnerable adult is either a
  445  victim of exploitation or the petitioner has reasonable cause to
  446  believe the vulnerable adult is, or is in imminent danger of
  447  becoming, a victim of exploitation because the respondent has:
  448  ...(describe in the spaces below the incidents or threats of
  449  exploitation)....
  450         18.10. The following describes the petitioner’s knowledge
  451  of the vulnerable adult’s dependence on the respondent for care;
  452  alternative provisions for the vulnerable adult’s care in the
  453  absence of the respondent, if necessary; available resources the
  454  vulnerable adult has to access such alternative provisions; and
  455  the vulnerable adult’s willingness to use such alternative
  456  provisions: ....
  457         19.11. The petitioner knows the vulnerable adult maintains
  458  assets, accounts, or lines of credit at the following financial
  459  institution(s): ...(list name, address, and account number of
  460  each)....
  461         20.12. The petitioner believes that the vulnerable adult’s
  462  assets to be frozen are: ...(mark one)....
  463         ....Worth less than $1500;
  464         ....Worth between $1500 and $5000; or
  465         ....Worth more than $5000.
  466         21.13. The petitioner genuinely fears imminent exploitation
  467  of the vulnerable adult by the respondent.
  468         22.14. The petitioner seeks an injunction for the
  469  protection of the vulnerable adult, including: ...(mark
  470  appropriate section or sections)....
  471         ....Prohibiting the respondent from having any direct or
  472  indirect contact with the vulnerable adult.
  473         ....Immediately restraining the respondent from committing
  474  any acts of exploitation against the vulnerable adult.
  475         ....Freezing the assets of the vulnerable adult held at
  476  ...(name and address of depository or financial institution)...
  477  even if titled jointly with the respondent, or in the
  478  respondent’s name only, in the court’s discretion.
  479         ....Freezing the credit lines of the vulnerable adult at
  480  ...(name and address of financial institution)... even if
  481  jointly with the respondent, in the court’s discretion.
  482         ....Providing any terms the court deems necessary for the
  483  protection of the vulnerable adult or his or her assets,
  484  including any injunctions or directives to law enforcement
  485  agencies.
  486         23.15. Should the court enter an injunction freezing assets
  487  and credit lines, the petitioner believes that the critical
  488  expenses of the vulnerable adult will be paid for or provided by
  489  the following persons or entities, or the petitioner requests
  490  that the following expenses be paid notwithstanding the freeze:
  491  ...(for each expense, list the name of the payee, address,
  492  account number if known, amount, and a brief explanation of why
  493  payment is critical)....
  494         (5) TEMPORARY INJUNCTION; SERVICE; HEARING.—
  495         (d) An ex parte temporary injunction may be effective for a
  496  fixed period not to exceed 15 days unless good cause is shown to
  497  extend the injunction. The ex parte temporary injunction may be
  498  extended one time for up to an additional 30 days. A full
  499  hearing, as provided by this section, must be set for a date no
  500  later than the date when the ex parte temporary injunction
  501  ceases to be effective. The court may grant a continuance of the
  502  hearing, before or during the hearing, for good cause shown by
  503  any party, which good cause may include a continuance to obtain
  504  service of process. An ex parte injunction is not extended
  505  beyond the initial 15 days as a result of a continuance.
  506         Section 9. This act shall take effect July 1, 2021.