Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 654
       
       
       
       
       
       
                                Ì913776LÎ913776                         
       
                              LEGISLATIVE ACTION                        
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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. The clerk of the court shall furnish a copy of the
    6  petition, financial affidavit, Uniform Child Custody
    7  Jurisdiction and Enforcement Act affidavit, if any, notice of
    8  hearing, and temporary injunction, if any, to the sheriff or a
    9  law enforcement agency of the county where the respondent
   10  resides or can be found, who shall serve it upon the respondent
   11  as soon thereafter as possible on any day of the week and at any
   12  time of the day or night. If the respondent resides in the
   13  county in which the petition is filed, the clerk of the court,
   14  with the consent of the sheriff, may electronically transmit the
   15  documents to the sheriff. However, if the respondent resides or
   16  can be found outside the county in which the petition is filed,
   17  the clerk of the court must electronically transmit a certified
   18  copy of such documents to the sheriff where the respondent
   19  resides or can be found. An electronically transmitted document
   20  When requested by the sheriff, the clerk of the court may
   21  transmit a facsimile copy of an injunction must be that has been
   22  certified by the clerk of the court, and the electronic this
   23  facsimile copy must may be served in the same manner as a
   24  certified copy. Upon receiving an electronic a facsimile copy of
   25  the injunction, the sheriff must verify receipt with the sender
   26  before attempting to serve it upon the respondent. In addition,
   27  if the sheriff is in possession of an injunction for protection
   28  that has been certified by the clerk of the court, the sheriff
   29  may electronically transmit a facsimile copy of that injunction
   30  to a law enforcement officer who shall serve it in the same
   31  manner as a certified copy. The clerk of the court is shall be
   32  responsible for furnishing to the sheriff such information on
   33  the respondent’s physical description and location as is
   34  required by the department to comply with the verification
   35  procedures set forth in this section. Notwithstanding any other
   36  provision of law to the contrary, the chief judge of each
   37  circuit, in consultation with the appropriate sheriff, may
   38  authorize a law enforcement agency within the jurisdiction to
   39  effect service. A law enforcement agency serving injunctions
   40  pursuant to this section must shall use service and verification
   41  procedures consistent with those of the sheriff.
   42         2. When an injunction is issued, if the petitioner requests
   43  the assistance of a law enforcement agency, the court may order
   44  that an officer from the appropriate law enforcement agency
   45  accompany the petitioner and assist in placing the petitioner in
   46  possession of the dwelling or residence, or otherwise assist in
   47  the execution or service of the injunction. A law enforcement
   48  officer must shall accept a copy of an injunction for protection
   49  against domestic violence, certified by the clerk of the court,
   50  from the petitioner and immediately serve it upon a respondent
   51  who has been located but not yet served.
   52         3. All orders issued, changed, continued, extended, or
   53  vacated subsequent to the original service of documents
   54  enumerated under subparagraph 1. must, shall be certified by the
   55  clerk of the court and delivered to the parties at the time of
   56  the entry of the order. The parties may acknowledge receipt of
   57  such order in writing on the face of the original order. In the
   58  event a party fails or refuses to acknowledge the receipt of a
   59  certified copy of an order, the clerk must shall note on the
   60  original order that service was effected. If delivery at the
   61  hearing is not possible, the clerk must shall mail certified
   62  copies of the order to the parties at the last known address of
   63  each party. Service by mail is complete upon mailing. When an
   64  order is served pursuant to this subsection, the clerk shall
   65  prepare a written certification to be placed in the court file
   66  specifying the time, date, and method of service and shall
   67  notify the sheriff.
   68  
   69  If the respondent has been served previously with the temporary
   70  injunction and has failed to appear at the initial hearing on
   71  the temporary injunction, any subsequent petition for injunction
   72  seeking an extension of time may be served on the respondent by
   73  the clerk of the court by certified mail in lieu of personal
   74  service by a law enforcement officer.
   75         (b) There shall be created A Domestic and Repeat Violence
   76  Injunction Statewide Verification System is created within the
   77  Department of Law Enforcement. The department shall establish,
   78  implement, and maintain a statewide communication system capable
   79  of electronically transmitting information to and between
   80  criminal justice agencies relating to domestic violence
   81  injunctions and repeat violence injunctions issued by the courts
   82  throughout this the state. Such information must include, but is
   83  not limited to, information as to the existence and status of
   84  any injunction for verification purposes.
   85         (c)1. Within 24 hours after the court issues an injunction
   86  for protection against domestic violence or changes, continues,
   87  extends, or vacates an injunction for protection against
   88  domestic violence, the clerk of the court must forward a
   89  certified copy of the injunction for service to the sheriff with
   90  jurisdiction over the residence of the petitioner. The
   91  injunction must be served in accordance with this subsection.
   92         2. Within 24 hours after service of process of an
   93  injunction for protection against domestic violence upon a
   94  respondent, the law enforcement officer must forward the written
   95  proof of service of process to the sheriff with jurisdiction
   96  over the residence of the petitioner. The sheriff having
   97  jurisdiction over the residence of the petitioner may authorize
   98  the law enforcement officer serving the injunction to
   99  electronically transmit the proof of service.
  100         3. Within 24 hours after the sheriff receives a certified
  101  copy of the injunction for protection against domestic violence,
  102  the sheriff must make information relating to the injunction
  103  available to other law enforcement agencies by electronically
  104  transmitting such information to the department.
  105         4. Within 24 hours after the sheriff or other law
  106  enforcement officer has made service upon the respondent and the
  107  sheriff has been so notified, the sheriff must make information
  108  relating to the service available to other law enforcement
  109  agencies by electronically transmitting such information to the
  110  department.
  111         5. Subject to available funding, the Florida Association of
  112  Court Clerks and Comptrollers shall develop an automated process
  113  by which a petitioner may request notification of service of the
  114  injunction for protection against domestic violence and other
  115  court actions related to the injunction for protection. The
  116  automated notice must shall be made within 12 hours after the
  117  sheriff or other law enforcement officer serves the injunction
  118  upon the respondent. The notification must include, at a
  119  minimum, the date, time, and location where the injunction for
  120  protection against domestic violence was served. The Florida
  121  Association of Court Clerks and Comptrollers may apply for any
  122  available grants to fund the development of the automated
  123  process.
  124         6. Within 24 hours after an injunction for protection
  125  against domestic violence is vacated, terminated, or otherwise
  126  rendered no longer effective by ruling of the court, the clerk
  127  of the court must notify the sheriff receiving original
  128  notification of the injunction as provided in subparagraph 2.
  129  That agency shall, within 24 hours after receiving such
  130  notification from the clerk of the court, notify the department
  131  of such action of the court.
  132         Section 2. Subsection (8) of section 784.046, Florida
  133  Statutes, is amended to read:
  134         784.046 Action by victim of repeat violence, sexual
  135  violence, or dating violence for protective injunction; dating
  136  violence investigations, notice to victims, and reporting;
  137  pretrial release violations; public records exemption.—
  138         (8)(a)1. The clerk of the court shall furnish a copy of the
  139  petition, notice of hearing, and temporary injunction, if any,
  140  to the sheriff or a law enforcement agency of the county where
  141  the respondent resides or can be found, who shall serve it upon
  142  the respondent as soon thereafter as possible on any day of the
  143  week and at any time of the day or night. If the respondent
  144  resides in the county in which the petition is filed, the clerk
  145  of the court, with the consent of the sheriff, may
  146  electronically transmit the documents to the sheriff. However,
  147  if the respondent resides or can be found outside the county in
  148  which the petition is filed, the clerk of the court must
  149  electronically transmit a certified copy of such documents to
  150  the sheriff where the respondent resides or can be found. An
  151  electronically transmitted document When requested by the
  152  sheriff, the clerk of the court may transmit a facsimile copy of
  153  an injunction that has been certified by the clerk of the court,
  154  and this facsimile copy may be served in the same manner as a
  155  certified copy. Upon receiving an electronic a facsimile copy of
  156  the injunction, the sheriff must verify receipt with the sender
  157  before attempting to serve it upon the respondent. In addition,
  158  if the sheriff is in possession of an injunction for protection
  159  that has been certified by the clerk of the court, the sheriff
  160  may electronically transmit a facsimile copy of that injunction
  161  to a law enforcement officer who shall serve it in the same
  162  manner as a certified copy. The clerk of the court is shall be
  163  responsible for furnishing to the sheriff such information on
  164  the respondent’s physical description and location as is
  165  required by the department to comply with the verification
  166  procedures set forth in this section. Notwithstanding any other
  167  provision of law to the contrary, the chief judge of each
  168  circuit, in consultation with the appropriate sheriff, may
  169  authorize a law enforcement agency within the chief judge’s
  170  jurisdiction to effect this type of service and to receive a
  171  portion of the service fee. A No person may not shall be
  172  authorized or permitted to serve or execute an injunction issued
  173  under this section unless the person is a law enforcement
  174  officer as defined in chapter 943.
  175         2. When an injunction is issued, if the petitioner requests
  176  the assistance of a law enforcement agency, the court may order
  177  that an officer from the appropriate law enforcement agency
  178  accompany the petitioner and assist in the execution or service
  179  of the injunction. A law enforcement officer must shall accept a
  180  copy of an injunction for protection against repeat violence,
  181  sexual violence, or dating violence, certified by the clerk of
  182  the court, from the petitioner and immediately serve it upon a
  183  respondent who has been located but not yet served.
  184         (b) There shall be created A Domestic, Dating, Sexual, and
  185  Repeat Violence Injunction Statewide Verification System is
  186  created within the Department of Law Enforcement. The department
  187  shall establish, implement, and maintain a statewide
  188  communication system capable of electronically transmitting
  189  information to and between criminal justice agencies relating to
  190  domestic violence injunctions, dating violence injunctions,
  191  sexual violence injunctions, and repeat violence injunctions
  192  issued by the courts throughout this the state. Such information
  193  must include, but is not limited to, information as to the
  194  existence and status of any injunction for verification
  195  purposes.
  196         (c)1. Within 24 hours after the court issues an injunction
  197  for protection against repeat violence, sexual violence, or
  198  dating violence or changes or vacates an injunction for
  199  protection against repeat violence, sexual violence, or dating
  200  violence, the clerk of the court must forward a copy of the
  201  injunction to the sheriff with jurisdiction over the residence
  202  of the petitioner.
  203         2. Within 24 hours after service of process of an
  204  injunction for protection against repeat violence, sexual
  205  violence, or dating violence upon a respondent, the law
  206  enforcement officer must forward the written proof of service of
  207  process to the sheriff with jurisdiction over the residence of
  208  the petitioner. The sheriff having jurisdiction over the
  209  residence of the petitioner may authorize the law enforcement
  210  officer serving the injunction to electronically transmit the
  211  proof of service.
  212         3. Within 24 hours after the sheriff receives a certified
  213  copy of the injunction for protection against repeat violence,
  214  sexual violence, or dating violence, the sheriff must make
  215  information relating to the injunction available to other law
  216  enforcement agencies by electronically transmitting such
  217  information to the department.
  218         4. Within 24 hours after the sheriff or other law
  219  enforcement officer has made service upon the respondent and the
  220  sheriff has been so notified, the sheriff must make information
  221  relating to the service available to other law enforcement
  222  agencies by electronically transmitting such information to the
  223  department.
  224         5. Subject to available funding, the Florida Association of
  225  Court Clerks and Comptrollers shall develop an automated process
  226  by which a petitioner may request notification of service of the
  227  injunction for protection against repeat violence, sexual
  228  violence, or dating violence and other court actions related to
  229  the injunction for protection. The automated notice must shall
  230  be made within 12 hours after the sheriff or other law
  231  enforcement officer serves the injunction upon the respondent.
  232  The notification must include, at a minimum, the date, time, and
  233  location where the injunction for protection against repeat
  234  violence, sexual violence, or dating violence was served. The
  235  Florida Association of Court Clerks and Comptrollers may apply
  236  for any available grants to fund the development of the
  237  automated process.
  238         6. Within 24 hours after an injunction for protection
  239  against repeat violence, sexual violence, or dating violence is
  240  lifted, terminated, or otherwise rendered no longer effective by
  241  ruling of the court, the clerk of the court must notify the
  242  sheriff or local law enforcement agency receiving original
  243  notification of the injunction as provided in subparagraph 2.
  244  That agency shall, within 24 hours after receiving such
  245  notification from the clerk of the court, notify the department
  246  of such action of the court.
  247         Section 3. Subsection (8) of section 784.0485, Florida
  248  Statutes, is amended to read:
  249         784.0485 Stalking; injunction; powers and duties of court
  250  and clerk; petition; notice and hearing; temporary injunction;
  251  issuance of injunction; statewide verification system;
  252  enforcement.—
  253         (8)(a)1. The clerk of the court shall furnish a copy of the
  254  petition, notice of hearing, and temporary injunction, if any,
  255  to the sheriff or a law enforcement agency of the county where
  256  the respondent resides or can be found, who shall serve it upon
  257  the respondent as soon thereafter as possible on any day of the
  258  week and at any time of the day or night. If the respondent
  259  resides in the county in which the petition is filed, the clerk
  260  of the court, with the consent of the sheriff, may
  261  electronically transmit the documents to the sheriff. However,
  262  if the respondent resides or can be found outside the county in
  263  which the petition is filed, the clerk of the court must
  264  electronically transmit a certified copy of such documents to
  265  the sheriff where the respondent resides or can be found. An
  266  electronically transmitted document When requested by the
  267  sheriff, the clerk of the court may transmit a facsimile copy of
  268  an injunction that has been certified by the clerk of the court,
  269  and this facsimile copy may be served in the same manner as a
  270  certified copy. Upon receiving an electronic a facsimile copy of
  271  the injunction, the sheriff must verify receipt with the sender
  272  before attempting to serve it on the respondent. In addition, if
  273  the sheriff is in possession of an injunction for protection
  274  that has been certified by the clerk of the court, the sheriff
  275  may electronically transmit a facsimile copy of that injunction
  276  to a law enforcement officer who shall serve it in the same
  277  manner as a certified copy. The clerk of the court shall furnish
  278  to the sheriff such information concerning the respondent’s
  279  physical description and location as is required by the
  280  Department of Law Enforcement to comply with the verification
  281  procedures set forth in this section. Notwithstanding any other
  282  law, the chief judge of each circuit, in consultation with the
  283  appropriate sheriff, may authorize a law enforcement agency
  284  within the jurisdiction to effect service. A law enforcement
  285  agency serving injunctions pursuant to this section must shall
  286  use service and verification procedures consistent with those of
  287  the sheriff.
  288         2. If an injunction is issued and the petitioner requests
  289  the assistance of a law enforcement agency, the court may order
  290  that an officer from the appropriate law enforcement agency
  291  accompany the petitioner to assist in the execution or service
  292  of the injunction. A law enforcement officer must shall accept a
  293  copy of an injunction for protection against stalking, certified
  294  by the clerk of the court, from the petitioner and immediately
  295  serve it upon a respondent who has been located but not yet
  296  served.
  297         3. An order issued, changed, continued, extended, or
  298  vacated subsequent to the original service of documents
  299  enumerated under subparagraph 1. must shall be certified by the
  300  clerk of the court and delivered to the parties at the time of
  301  the entry of the order. The parties may acknowledge receipt of
  302  such order in writing on the face of the original order. If a
  303  party fails or refuses to acknowledge the receipt of a certified
  304  copy of an order, the clerk must shall note on the original
  305  order that service was effected. If delivery at the hearing is
  306  not possible, the clerk must shall mail certified copies of the
  307  order to the parties at the last known address of each party.
  308  Service by mail is complete upon mailing. When an order is
  309  served pursuant to this subsection, the clerk shall prepare a
  310  written certification to be placed in the court file specifying
  311  the time, date, and method of service and shall notify the
  312  sheriff.
  313         4. If the respondent has been served previously with a
  314  temporary injunction and has failed to appear at the initial
  315  hearing on the temporary injunction, any subsequent petition for
  316  injunction seeking an extension of time may be served on the
  317  respondent by the clerk of the court by certified mail in lieu
  318  of personal service by a law enforcement officer.
  319         (b)1. Within 24 hours after the court issues an injunction
  320  for protection against stalking or changes, continues, extends,
  321  or vacates an injunction for protection against stalking, the
  322  clerk of the court must forward a certified copy of the
  323  injunction for service to the sheriff having jurisdiction over
  324  the residence of the petitioner. The injunction must be served
  325  in accordance with this subsection.
  326         2. Within 24 hours after service of process of an
  327  injunction for protection against stalking upon a respondent,
  328  the law enforcement officer must forward the written proof of
  329  service of process to the sheriff having jurisdiction over the
  330  residence of the petitioner. The sheriff having jurisdiction
  331  over the residence of the petitioner may authorize the law
  332  enforcement officer serving the injunction to electronically
  333  transmit the proof of service.
  334         3. Within 24 hours after the sheriff receives a certified
  335  copy of the injunction for protection against stalking, the
  336  sheriff must make information relating to the injunction
  337  available to other law enforcement agencies by electronically
  338  transmitting such information to the Department of Law
  339  Enforcement.
  340         4. Within 24 hours after the sheriff or other law
  341  enforcement officer has made service upon the respondent and the
  342  sheriff has been so notified, the sheriff must make information
  343  relating to the service available to other law enforcement
  344  agencies by electronically transmitting such information to the
  345  Department of Law Enforcement.
  346         5. Within 24 hours after an injunction for protection
  347  against stalking is vacated, terminated, or otherwise rendered
  348  no longer effective by ruling of the court, the clerk of the
  349  court must notify the sheriff receiving original notification of
  350  the injunction as provided in subparagraph 2. That agency shall,
  351  within 24 hours after receiving such notification from the clerk
  352  of the court, notify the Department of Law Enforcement of such
  353  action of the court.
  354         Section 4. The Florida Sheriffs Association and the Florida
  355  Association of Court Clerks and Comptrollers shall establish a
  356  joint workgroup that includes clerks of the court and sheriffs
  357  to discuss and coordinate new procedures specified within this
  358  act. The workgroup shall begin convening immediately upon this
  359  act becoming a law. This section shall take effect upon becoming
  360  a law.
  361         Section 5. Except as otherwise expressly provided in this
  362  act and except for this section, which shall take effect upon
  363  this act becoming a law, this act shall take effect January 1,
  364  2023.  
  365  
  366  ================= T I T L E  A M E N D M E N T ================
  367  And the title is amended as follows:
  368         Delete lines 3 - 29
  369  and insert:
  370         741.30, F.S.; deleting an obsolete date; authorizing
  371         clerks of the court to electronically transmit certain
  372         documents relating to an injunction for protection
  373         against domestic violence under certain circumstances;
  374         requiring the clerks of the court to electronically
  375         transmit such documents under certain circumstances;
  376         providing that electronically transmitted documents
  377         may be served in the same manner as certified copies;
  378         providing that sheriffs may authorize law enforcement
  379         officers to electronically transmit proof of service
  380         under certain circumstances; making conforming and
  381         technical changes; amending ss. 784.046 and 784.0485,
  382         F.S.; authorizing clerks of the court to
  383         electronically transmit certain documents relating to
  384         injunctions for protection against repeat violence,
  385         sexual violence, or dating violence and against
  386         stalking, respectively, under certain circumstances;
  387         requiring them to electronically transmit such
  388         documents under certain circumstances; providing that
  389         sheriffs may authorize law enforcement officers to
  390         electronically transmit proof of service under certain
  391         circumstances; making conforming and technical
  392         changes; requiring the Florida Sheriffs Association
  393         and the Florida Association of Court Clerks and
  394         Comptrollers to establish a joint workgroup for a
  395         specified purpose; specifying the timeframe by which
  396         the workgroup must convene; providing effective dates.