Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 654
       
       
       
       
       
       
                                Ì449906DÎ449906                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/15/2022           .                                
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       The Committee on Rules (Cruz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 53 - 393
    4  and insert:
    5         (8)(a)1. When the court issues an injunction for protection
    6  against domestic violence, the clerk of the court shall furnish
    7  a copy of the petition, financial affidavit, Uniform Child
    8  Custody Jurisdiction and Enforcement Act affidavit, if any,
    9  notice of hearing, and temporary injunction, if any, to the
   10  sheriff or a law enforcement agency of the county where the
   11  respondent resides or can be found, who shall serve it upon the
   12  respondent as soon thereafter as possible on any day of the week
   13  and at any time of the day or night. If the respondent resides
   14  in the county in which the petition is filed, the clerk of the
   15  court, with the consent of the sheriff, may electronically
   16  transmit the documents to the sheriff. However, if the
   17  respondent resides or can be found outside the county in which
   18  the petition is filed, the clerk of the court must
   19  electronically transmit a certified copy of such documents to
   20  the sheriff where the respondent resides or can be found. An
   21  electronically transmitted document When requested by the
   22  sheriff, the clerk of the court may transmit a facsimile copy of
   23  an injunction must be that has been certified by the clerk of
   24  the court, and the electronic this facsimile copy must may be
   25  served in the same manner as a certified copy. Upon receiving an
   26  electronic a facsimile copy of the injunction, the sheriff must
   27  verify receipt with the sender before attempting to serve it
   28  upon the respondent. In addition, if the sheriff is in
   29  possession of an injunction for protection that has been
   30  certified by the clerk of the court, the sheriff may
   31  electronically transmit a facsimile copy of that injunction to a
   32  law enforcement officer who shall serve it in the same manner as
   33  a certified copy. The clerk of the court is shall be responsible
   34  for furnishing to the sheriff such information on the
   35  respondent’s physical description and location as is required by
   36  the department to comply with the verification procedures set
   37  forth in this section. Notwithstanding any other provision of
   38  law to the contrary, the chief judge of each circuit, in
   39  consultation with the appropriate sheriff, may authorize a law
   40  enforcement agency within the jurisdiction to effect service. A
   41  law enforcement agency serving injunctions pursuant to this
   42  section must shall use service and verification procedures
   43  consistent with those of the sheriff.
   44         2. When an injunction is issued, if the petitioner requests
   45  the assistance of a law enforcement agency, the court may order
   46  that an officer from the appropriate law enforcement agency
   47  accompany the petitioner and assist in placing the petitioner in
   48  possession of the dwelling or residence, or otherwise assist in
   49  the execution or service of the injunction. A law enforcement
   50  officer must shall accept a copy of an injunction for protection
   51  against domestic violence, certified by the clerk of the court,
   52  from the petitioner and immediately serve it upon a respondent
   53  who has been located but not yet served.
   54         3. All orders issued, changed, continued, extended, or
   55  vacated subsequent to the original service of documents
   56  enumerated under subparagraph 1. must, shall be certified by the
   57  clerk of the court and delivered to the parties at the time of
   58  the entry of the order. The parties may acknowledge receipt of
   59  such order in writing on the face of the original order. In the
   60  event a party fails or refuses to acknowledge the receipt of a
   61  certified copy of an order, the clerk must shall note on the
   62  original order that service was effected. If delivery at the
   63  hearing is not possible, the clerk must shall mail certified
   64  copies of the order to the parties at the last known address of
   65  each party. Service by mail is complete upon mailing. When an
   66  order is served pursuant to this subsection, the clerk shall
   67  prepare a written certification to be placed in the court file
   68  specifying the time, date, and method of service and shall
   69  notify the sheriff.
   70  
   71  If the respondent has been served previously with the temporary
   72  injunction and has failed to appear at the initial hearing on
   73  the temporary injunction, any subsequent petition for injunction
   74  seeking an extension of time may be served on the respondent by
   75  the clerk of the court by certified mail in lieu of personal
   76  service by a law enforcement officer.
   77         (b) There shall be created A Domestic and Repeat Violence
   78  Injunction Statewide Verification System is created within the
   79  Department of Law Enforcement. The department shall establish,
   80  implement, and maintain a statewide communication system capable
   81  of electronically transmitting information to and between
   82  criminal justice agencies relating to domestic violence
   83  injunctions and repeat violence injunctions issued by the courts
   84  throughout this the state. Such information must include, but is
   85  not limited to, information as to the existence and status of
   86  any injunction for verification purposes.
   87         (c)1. Within 24 hours after the court issues an injunction
   88  for protection against domestic violence or changes, continues,
   89  extends, or vacates an injunction for protection against
   90  domestic violence, the clerk of the court must forward a
   91  certified copy of the injunction for service to the sheriff with
   92  jurisdiction over the residence of the petitioner. The
   93  injunction must be served in accordance with this subsection.
   94         2. Within 24 hours after service of process of an
   95  injunction for protection against domestic violence upon a
   96  respondent, the law enforcement officer must forward the written
   97  proof of service of process to the sheriff with jurisdiction
   98  over the residence of the petitioner. The sheriff having
   99  jurisdiction over the residence of the petitioner may authorize
  100  the law enforcement officer serving the injunction to
  101  electronically transmit the proof of service.
  102         3. Within 24 hours after the sheriff receives a certified
  103  copy of the injunction for protection against domestic violence,
  104  the sheriff must make information relating to the injunction
  105  available to other law enforcement agencies by electronically
  106  transmitting such information to the department.
  107         4. Within 24 hours after the sheriff or other law
  108  enforcement officer has made service upon the respondent and the
  109  sheriff has been so notified, the sheriff must make information
  110  relating to the service available to other law enforcement
  111  agencies by electronically transmitting such information to the
  112  department.
  113         5. Subject to available funding, the Florida Association of
  114  Court Clerks and Comptrollers shall develop an automated process
  115  by which a petitioner may request notification of service of the
  116  injunction for protection against domestic violence and other
  117  court actions related to the injunction for protection. The
  118  automated notice must shall be made within 12 hours after the
  119  sheriff or other law enforcement officer serves the injunction
  120  upon the respondent. The notification must include, at a
  121  minimum, the date, time, and location where the injunction for
  122  protection against domestic violence was served. The Florida
  123  Association of Court Clerks and Comptrollers may apply for any
  124  available grants to fund the development of the automated
  125  process.
  126         6. Within 24 hours after an injunction for protection
  127  against domestic violence is vacated, terminated, or otherwise
  128  rendered no longer effective by ruling of the court, the clerk
  129  of the court must notify the sheriff receiving original
  130  notification of the injunction as provided in subparagraph 2.
  131  That agency shall, within 24 hours after receiving such
  132  notification from the clerk of the court, notify the department
  133  of such action of the court.
  134         Section 2. Subsection (8) of section 784.046, Florida
  135  Statutes, is amended to read:
  136         784.046 Action by victim of repeat violence, sexual
  137  violence, or dating violence for protective injunction; dating
  138  violence investigations, notice to victims, and reporting;
  139  pretrial release violations; public records exemption.—
  140         (8)(a)1. When the court issues an injunction for protection
  141  against repeat violence, sexual violence, or dating violence,
  142  the clerk of the court shall furnish a copy of the petition,
  143  notice of hearing, and temporary injunction, if any, to the
  144  sheriff or a law enforcement agency of the county where the
  145  respondent resides or can be found, who shall serve it upon the
  146  respondent as soon thereafter as possible on any day of the week
  147  and at any time of the day or night. If the respondent resides
  148  in the county in which the petition is filed, the clerk of the
  149  court, with the consent of the sheriff, may electronically
  150  transmit the documents to the sheriff. However, if the
  151  respondent resides or can be found outside the county in which
  152  the petition is filed, the clerk of the court must
  153  electronically transmit a certified copy of such documents to
  154  the sheriff where the respondent resides or can be found. An
  155  electronically transmitted document When requested by the
  156  sheriff, the clerk of the court may transmit a facsimile copy of
  157  an injunction that has been certified by the clerk of the court,
  158  and this facsimile copy may be served in the same manner as a
  159  certified copy. Upon receiving an electronic a facsimile copy of
  160  the injunction, the sheriff must verify receipt with the sender
  161  before attempting to serve it upon the respondent. In addition,
  162  if the sheriff is in possession of an injunction for protection
  163  that has been certified by the clerk of the court, the sheriff
  164  may electronically transmit a facsimile copy of that injunction
  165  to a law enforcement officer who shall serve it in the same
  166  manner as a certified copy. The clerk of the court is shall be
  167  responsible for furnishing to the sheriff such information on
  168  the respondent’s physical description and location as is
  169  required by the department to comply with the verification
  170  procedures set forth in this section. Notwithstanding any other
  171  provision of law to the contrary, the chief judge of each
  172  circuit, in consultation with the appropriate sheriff, may
  173  authorize a law enforcement agency within the chief judge’s
  174  jurisdiction to effect this type of service and to receive a
  175  portion of the service fee. A No person may not shall be
  176  authorized or permitted to serve or execute an injunction issued
  177  under this section unless the person is a law enforcement
  178  officer as defined in chapter 943.
  179         2. When an injunction is issued, if the petitioner requests
  180  the assistance of a law enforcement agency, the court may order
  181  that an officer from the appropriate law enforcement agency
  182  accompany the petitioner and assist in the execution or service
  183  of the injunction. A law enforcement officer must shall accept a
  184  copy of an injunction for protection against repeat violence,
  185  sexual violence, or dating violence, certified by the clerk of
  186  the court, from the petitioner and immediately serve it upon a
  187  respondent who has been located but not yet served.
  188         (b) There shall be created A Domestic, Dating, Sexual, and
  189  Repeat Violence Injunction Statewide Verification System is
  190  created within the Department of Law Enforcement. The department
  191  shall establish, implement, and maintain a statewide
  192  communication system capable of electronically transmitting
  193  information to and between criminal justice agencies relating to
  194  domestic violence injunctions, dating violence injunctions,
  195  sexual violence injunctions, and repeat violence injunctions
  196  issued by the courts throughout this the state. Such information
  197  must include, but is not limited to, information as to the
  198  existence and status of any injunction for verification
  199  purposes.
  200         (c)1. Within 24 hours after the court issues an injunction
  201  for protection against repeat violence, sexual violence, or
  202  dating violence or changes or vacates an injunction for
  203  protection against repeat violence, sexual violence, or dating
  204  violence, the clerk of the court must forward a copy of the
  205  injunction to the sheriff with jurisdiction over the residence
  206  of the petitioner.
  207         2. Within 24 hours after service of process of an
  208  injunction for protection against repeat violence, sexual
  209  violence, or dating violence upon a respondent, the law
  210  enforcement officer must forward the written proof of service of
  211  process to the sheriff with jurisdiction over the residence of
  212  the petitioner. The sheriff having jurisdiction over the
  213  residence of the petitioner may authorize the law enforcement
  214  officer serving the injunction to electronically transmit the
  215  proof of service.
  216         3. Within 24 hours after the sheriff receives a certified
  217  copy of the injunction for protection against repeat violence,
  218  sexual violence, or dating violence, the sheriff must make
  219  information relating to the injunction available to other law
  220  enforcement agencies by electronically transmitting such
  221  information to the department.
  222         4. Within 24 hours after the sheriff or other law
  223  enforcement officer has made service upon the respondent and the
  224  sheriff has been so notified, the sheriff must make information
  225  relating to the service available to other law enforcement
  226  agencies by electronically transmitting such information to the
  227  department.
  228         5. Subject to available funding, the Florida Association of
  229  Court Clerks and Comptrollers shall develop an automated process
  230  by which a petitioner may request notification of service of the
  231  injunction for protection against repeat violence, sexual
  232  violence, or dating violence and other court actions related to
  233  the injunction for protection. The automated notice must shall
  234  be made within 12 hours after the sheriff or other law
  235  enforcement officer serves the injunction upon the respondent.
  236  The notification must include, at a minimum, the date, time, and
  237  location where the injunction for protection against repeat
  238  violence, sexual violence, or dating violence was served. The
  239  Florida Association of Court Clerks and Comptrollers may apply
  240  for any available grants to fund the development of the
  241  automated process.
  242         6. Within 24 hours after an injunction for protection
  243  against repeat violence, sexual violence, or dating violence is
  244  lifted, terminated, or otherwise rendered no longer effective by
  245  ruling of the court, the clerk of the court must notify the
  246  sheriff or local law enforcement agency receiving original
  247  notification of the injunction as provided in subparagraph 2.
  248  That agency shall, within 24 hours after receiving such
  249  notification from the clerk of the court, notify the department
  250  of such action of the court.
  251         Section 3. Subsection (8) of section 784.0485, Florida
  252  Statutes, is amended to read:
  253         784.0485 Stalking; injunction; powers and duties of court
  254  and clerk; petition; notice and hearing; temporary injunction;
  255  issuance of injunction; statewide verification system;
  256  enforcement.—
  257         (8)(a)1. When the court issues an injunction for protection
  258  against stalking, the clerk of the court shall furnish a copy of
  259  the petition, notice of hearing, and temporary injunction, if
  260  any, to the sheriff or a law enforcement agency of the county
  261  where the respondent resides or can be found, who shall serve it
  262  upon the respondent as soon thereafter as possible on any day of
  263  the week and at any time of the day or night. If the respondent
  264  resides in the county in which the petition is filed, the clerk
  265  of the court, with the consent of the sheriff, may
  266  electronically transmit the documents to the sheriff. However,
  267  if the respondent resides or can be found outside the county in
  268  which the petition is filed, the clerk of the court must
  269  electronically transmit a certified copy of such documents to
  270  the sheriff where the respondent resides or can be found. An
  271  electronically transmitted document When requested by the
  272  sheriff, the clerk of the court may transmit a facsimile copy of
  273  an injunction that has been certified by the clerk of the court,
  274  and this facsimile copy may be served in the same manner as a
  275  certified copy. Upon receiving an electronic a facsimile copy of
  276  the injunction, the sheriff must verify receipt with the sender
  277  before attempting to serve it on the respondent. In addition, if
  278  the sheriff is in possession of an injunction for protection
  279  that has been certified by the clerk of the court, the sheriff
  280  may electronically transmit a facsimile copy of that injunction
  281  to a law enforcement officer who shall serve it in the same
  282  manner as a certified copy. The clerk of the court shall furnish
  283  to the sheriff such information concerning the respondent’s
  284  physical description and location as is required by the
  285  Department of Law Enforcement to comply with the verification
  286  procedures set forth in this section. Notwithstanding any other
  287  law, the chief judge of each circuit, in consultation with the
  288  appropriate sheriff, may authorize a law enforcement agency
  289  within the jurisdiction to effect service. A law enforcement
  290  agency serving injunctions pursuant to this section must shall
  291  use service and verification procedures consistent with those of
  292  the sheriff.
  293         2. If an injunction is issued and the petitioner requests
  294  the assistance of a law enforcement agency, the court may order
  295  that an officer from the appropriate law enforcement agency
  296  accompany the petitioner to assist in the execution or service
  297  of the injunction. A law enforcement officer must shall accept a
  298  copy of an injunction for protection against stalking, certified
  299  by the clerk of the court, from the petitioner and immediately
  300  serve it upon a respondent who has been located but not yet
  301  served.
  302         3. An order issued, changed, continued, extended, or
  303  vacated subsequent to the original service of documents
  304  enumerated under subparagraph 1. must shall be certified by the
  305  clerk of the court and delivered to the parties at the time of
  306  the entry of the order. The parties may acknowledge receipt of
  307  such order in writing on the face of the original order. If a
  308  party fails or refuses to acknowledge the receipt of a certified
  309  copy of an order, the clerk must shall note on the original
  310  order that service was effected. If delivery at the hearing is
  311  not possible, the clerk must shall mail certified copies of the
  312  order to the parties at the last known address of each party.
  313  Service by mail is complete upon mailing. When an order is
  314  served pursuant to this subsection, the clerk shall prepare a
  315  written certification to be placed in the court file specifying
  316  the time, date, and method of service and shall notify the
  317  sheriff.
  318         4. If the respondent has been served previously with a
  319  temporary injunction and has failed to appear at the initial
  320  hearing on the temporary injunction, any subsequent petition for
  321  injunction seeking an extension of time may be served on the
  322  respondent by the clerk of the court by certified mail in lieu
  323  of personal service by a law enforcement officer.
  324         (b)1. Within 24 hours after the court issues an injunction
  325  for protection against stalking or changes, continues, extends,
  326  or vacates an injunction for protection against stalking, the
  327  clerk of the court must forward a certified copy of the
  328  injunction for service to the sheriff having jurisdiction over
  329  the residence of the petitioner. The injunction must be served
  330  in accordance with this subsection.
  331         2. Within 24 hours after service of process of an
  332  injunction for protection against stalking upon a respondent,
  333  the law enforcement officer must forward the written proof of
  334  service of process to the sheriff having jurisdiction over the
  335  residence of the petitioner. The sheriff having jurisdiction
  336  over the residence of the petitioner may authorize the law
  337  enforcement officer serving the injunction to electronically
  338  transmit the proof of service.
  339         3. Within 24 hours after the sheriff receives a certified
  340  copy of the injunction for protection against stalking, the
  341  sheriff must make information relating to the injunction
  342  available to other law enforcement agencies by electronically
  343  transmitting such information to the Department of Law
  344  Enforcement.
  345         4. Within 24 hours after the sheriff or other law
  346  enforcement officer has made service upon the respondent and the
  347  sheriff has been so notified, the sheriff must make information
  348  relating to the service available to other law enforcement
  349  agencies by electronically transmitting such information to the
  350  Department of Law Enforcement.
  351         5. Within 24 hours after an injunction for protection
  352  against stalking is vacated, terminated, or otherwise rendered
  353  no longer effective by ruling of the court, the clerk of the
  354  court must notify the sheriff receiving original notification of
  355  the injunction as provided in subparagraph 2. That agency shall,
  356  within 24 hours after receiving such notification from the clerk
  357  of the court, notify the Department of Law Enforcement of such
  358  action of the court.
  359         Section 4. The Florida Sheriffs Association and the Florida
  360  Association of Court Clerks and Comptrollers shall establish a
  361  joint workgroup that includes clerks of the court and sheriffs
  362  to discuss and coordinate new procedures specified within this
  363  act. The workgroup shall begin convening immediately upon this
  364  act becoming a law. This section shall take effect upon becoming
  365  a law.
  366         Section 5. Except as otherwise expressly provided in this
  367  act and except for this section, which shall take effect upon
  368  this act becoming a law, this act shall take effect January 1,
  369  2023.
  370  
  371  ================= T I T L E  A M E N D M E N T ================
  372  And the title is amended as follows:
  373         Delete lines 3 - 29
  374  and insert:
  375         741.30, F.S.; deleting an obsolete date; authorizing
  376         clerks of the court to electronically transmit certain
  377         documents relating to an injunction for protection
  378         against domestic violence under certain circumstances;
  379         requiring the clerks of the court to electronically
  380         transmit such documents under certain circumstances;
  381         providing that electronically transmitted documents
  382         may be served in the same manner as certified copies;
  383         providing that sheriffs may authorize law enforcement
  384         officers to electronically transmit proof of service
  385         under certain circumstances; making conforming and
  386         technical changes; amending ss. 784.046 and 784.0485,
  387         F.S.; authorizing clerks of the court to
  388         electronically transmit certain documents relating to
  389         injunctions for protection against repeat violence,
  390         sexual violence, or dating violence and against
  391         stalking, respectively, under certain circumstances;
  392         requiring them to electronically transmit such
  393         documents under certain circumstances; providing that
  394         sheriffs may authorize law enforcement officers to
  395         electronically transmit proof of service under certain
  396         circumstances; making conforming and technical
  397         changes; requiring the Florida Sheriffs Association
  398         and the Florida Association of Court Clerks and
  399         Comptrollers to establish a joint workgroup for a
  400         specified purpose; specifying the timeframe by which
  401         the workgroup must convene; providing effective dates.