Florida Senate - 2024                              CS for SB 852
       
       
        
       By the Committee on Criminal Justice; and Senators Calatayud and
       Book
       
       
       
       
       591-02982-24                                           2024852c1
    1                        A bill to be entitled                      
    2         An act relating to interpersonal violence injunction
    3         petitions; amending ss. 741.30, 784.046, and 784.0485,
    4         F.S.; revising a requirement that petitions for
    5         injunction for protection against domestic violence,
    6         repeat violence, sexual violence, or dating violence,
    7         and stalking, respectively, be verified, rather than
    8         sworn to; revising the form for such petitions for
    9         injunction to require a person to verify, rather than
   10         swear to, certain statements; requiring the clerk of
   11         the court to include an injunction in the Driver and
   12         Vehicle Information Database; conforming provisions to
   13         changes made by the act; reenacting ss. 39.301(9)(b)
   14         and (10)(a), 39.504(4)(b) and (5), 61.45(4) and
   15         (7)(b), 741.29(1), 741.2902(2), and 741.31(4), F.S.,
   16         relating to initiation of protective investigations,
   17         injunctions and penalties, court-ordered parenting
   18         plans, investigation of domestic violence incidents,
   19         legislative intent with respect to the judiciary’s
   20         role in domestic violence cases, and violation of an
   21         injunction for protection against domestic violence,
   22         respectively, to incorporate the amendment made to s.
   23         741.30, F.S., in references thereto; reenacting ss.
   24         61.1825(3)(a), 61.1827(1), 394.4597(2)(e),
   25         394.4598(2)(g) and (h), 397.6978(2)(g) and (h),
   26         784.048(4), 790.065(2)(c), 901.15(6), (7), and (13),
   27         921.141(6)(p), and 921.1425(7)(j), F.S., relating to
   28         the State Case Registry, identifying information
   29         concerning applicants for and recipients of child
   30         support services, persons to be notified for
   31         involuntary patients, guardian advocates, guardian
   32         advocates for patients incompetent to consent,
   33         penalties for stalking, the sale and delivery of
   34         firearms, arrest by an officer without a warrant, the
   35         sentence of death or life imprisonment for capital
   36         felonies, and the sentence of death or life
   37         imprisonment for capital sexual battery, respectively,
   38         to incorporate the amendments made to ss. 741.30 and
   39         784.046, F.S., in references thereto; reenacting ss.
   40         28.2221(8)(a), (b), and (c), 57.105(8), 741.315(2),
   41         790.401(2)(e) and (3)(c) and (e), 934.03(2)(l), and
   42         934.425(3), F.S., relating to electronic access to
   43         official records, attorney fees and sanctions,
   44         recognition of foreign protection orders, petitions
   45         for a risk protection order, prohibited interception
   46         and disclosure of wire, oral, or electronic
   47         communications, and installation of tracking devices
   48         or tracking applications, respectively, to incorporate
   49         the amendments made to ss. 741.30, 784.046, and
   50         784.0485, F.S., in references thereto; reenacting s.
   51         790.233(1), F.S., relating to prohibited possession of
   52         a firearm or ammunition for certain persons subject to
   53         an injunction, to incorporate the amendments made in
   54         ss. 741.30 and 784.0485, F.S., in references thereto;
   55         reenacting s. 784.047(1), F.S., relating to penalties
   56         for violating protective injunctions against
   57         violators, to incorporate the amendment made to s.
   58         784.046, F.S., in a reference thereto; reenacting s.
   59         784.0487(4)(a), F.S., relating to violation of an
   60         injunction for protection against stalking or
   61         cyberstalking, to incorporate the amendment made to s.
   62         784.0485, F.S., in a reference thereto; providing an
   63         effective date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Paragraph (a) of subsection (1), subsection (3),
   68  and paragraph (a) of subsection (8) of section 741.30, Florida
   69  Statutes, are amended to read:
   70         741.30 Domestic violence; injunction; powers and duties of
   71  court and clerk; petition; notice and hearing; temporary
   72  injunction; issuance of injunction; statewide verification
   73  system; enforcement; public records exemption.—
   74         (1) There is created a cause of action for an injunction
   75  for protection against domestic violence.
   76         (a) Any person described in paragraph (e), who is either
   77  the victim of domestic violence as defined in s. 741.28 or has
   78  reasonable cause to believe he or she is in imminent danger of
   79  becoming the victim of any act of domestic violence, has
   80  standing in the circuit court to file a verified sworn petition
   81  for an injunction for protection against domestic violence.
   82         (3)(a) The verified sworn petition must allege the
   83  existence of such domestic violence and must include the
   84  specific facts and circumstances upon the basis of which relief
   85  is sought.
   86         (b) The verified sworn petition shall be in substantially
   87  the following form:
   88  
   89                            PETITION FOR                           
   90                      INJUNCTION FOR PROTECTION                    
   91                      AGAINST DOMESTIC VIOLENCE                    
   92  
   93  Before me, The undersigned authority, personally appeared
   94  Petitioner ...(Name)..., declares under penalty of perjury who
   95  has been sworn and says that the following statements are true:
   96         (a) Petitioner resides at: ...(address)...
   97         (Petitioner may furnish address to the court in a separate
   98  confidential filing if, for safety reasons, the petitioner
   99  requires the location of the current residence to be
  100  confidential.)
  101         (b) Respondent resides at: ...(last known address)...
  102         (c) Respondent’s last known place of employment: ...(name
  103  of business and address)...
  104         (d) Physical description of respondent:..................
  105         Race........
  106         Sex........
  107         Date of birth........
  108         Height........
  109         Weight........
  110         Eye color........
  111         Hair color........
  112         Distinguishing marks or scars........
  113         (e) Aliases of respondent:...............................
  114         (f) Respondent is the spouse or former spouse of the
  115  petitioner or is any other person related by blood or marriage
  116  to the petitioner or is any other person who is or was residing
  117  within a single dwelling unit with the petitioner, as if a
  118  family, or is a person with whom the petitioner has a child in
  119  common, regardless of whether the petitioner and respondent are
  120  or were married or residing together, as if a family.
  121         (g) The following describes any other cause of action
  122  currently pending between the petitioner and respondent:........
  123  ................................................................
  124         The petitioner should also describe any previous or pending
  125  attempts by the petitioner to obtain an injunction for
  126  protection against domestic violence in this or any other
  127  circuit, and the results of that attempt:.......................
  128  ................................................................
  129  Case numbers should be included if available.
  130         (h) Petitioner is either a victim of domestic violence or
  131  has reasonable cause to believe he or she is in imminent danger
  132  of becoming a victim of domestic violence because respondent
  133  has: ...(mark all sections that apply and describe in the spaces
  134  below the incidents of violence or threats of violence,
  135  specifying when and where they occurred, including, but not
  136  limited to, locations such as a home, school, place of
  137  employment, or visitation exchange)...
  138         .........................................................
  139         .........................................................
  140         ....committed or threatened to commit domestic violence
  141  defined in s. 741.28, Florida Statutes, as any assault,
  142  aggravated assault, battery, aggravated battery, sexual assault,
  143  sexual battery, stalking, aggravated stalking, kidnapping, false
  144  imprisonment, or any criminal offense resulting in physical
  145  injury or death of one family or household member by another.
  146  With the exception of persons who are parents of a child in
  147  common, the family or household members must be currently
  148  residing or have in the past resided together in the same single
  149  dwelling unit.
  150         ....previously threatened, harassed, stalked, or physically
  151  abused the petitioner.
  152         ....attempted to harm the petitioner or family members or
  153  individuals closely associated with the petitioner.
  154         ....threatened to conceal, kidnap, or harm the petitioner’s
  155  child or children.
  156         ....intentionally injured or killed a family pet.
  157         ....used, or has threatened to use, against the petitioner
  158  any weapons such as guns or knives.
  159         ....physically restrained the petitioner from leaving the
  160  home or calling law enforcement.
  161         ....a criminal history involving violence or the threat of
  162  violence (if known).
  163         ....another order of protection issued against him or her
  164  previously or from another jurisdiction (if known).
  165         ....destroyed personal property, including, but not limited
  166  to, telephones or other communication equipment, clothing, or
  167  other items belonging to the petitioner.
  168         ....engaged in a pattern of abusive, threatening,
  169  intimidating, or controlling behavior composed of a series of
  170  acts over a period of time, however short.
  171         ....engaged in any other behavior or conduct that leads the
  172  petitioner to have reasonable cause to believe he or she is in
  173  imminent danger of becoming a victim of domestic violence.
  174         (i) Petitioner alleges the following additional specific
  175  facts: ...(mark appropriate sections)...
  176         ....A minor child or minor children reside with the
  177  petitioner whose names and ages are as follows:	
  178  	
  179         ....Petitioner needs the exclusive use and possession of
  180  the dwelling that the parties share.
  181         ....Petitioner is unable to obtain safe alternative housing
  182  because:	
  183  	
  184         ....Petitioner genuinely fears that respondent imminently
  185  will abuse, remove, or hide the minor child or children from
  186  petitioner because:	
  187  	
  188         (j) Petitioner genuinely fears imminent domestic violence
  189  by respondent.
  190         (k) Petitioner seeks an injunction: ...(mark appropriate
  191  section or sections)...
  192         ....Immediately restraining the respondent from committing
  193  any acts of domestic violence.
  194         ....Restraining the respondent from committing any acts of
  195  domestic violence.
  196         ....Awarding to the petitioner the temporary exclusive use
  197  and possession of the dwelling that the parties share or
  198  excluding the respondent from the residence of the petitioner.
  199         ....Providing a temporary parenting plan, including a
  200  temporary time-sharing schedule, with regard to the minor child
  201  or children of the parties which might involve prohibiting or
  202  limiting time-sharing or requiring that it be supervised by a
  203  third party.
  204         ....Establishing temporary support for the minor child or
  205  children or the petitioner.
  206         ....Directing the respondent to participate in a batterers’
  207  intervention program.
  208         ....Providing any terms the court deems necessary for the
  209  protection of a victim of domestic violence, or any minor
  210  children of the victim, including any injunctions or directives
  211  to law enforcement agencies.
  212  
  213         (c) Every petition for an injunction against domestic
  214  violence must contain, directly above the signature line, a
  215  statement in all capital letters and bold type not smaller than
  216  the surrounding text, as follows:
  217  
  218         I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
  219         EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
  220         THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
  221         UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
  222         SECTION 92.525 837.02, FLORIDA STATUTES.
  223  ...(initials)...
  224         (d) If the verified sworn petition seeks to determine a
  225  parenting plan and time-sharing schedule with regard to the
  226  minor child or children of the parties, the verified sworn
  227  petition must be accompanied by or must incorporate the
  228  allegations required by s. 61.522 of the Uniform Child Custody
  229  Jurisdiction and Enforcement Act.
  230         (8)(a)1. Within 24 hours after the court issues an
  231  injunction for protection against domestic violence, the clerk
  232  of the court shall electronically transmit a copy of the
  233  petition, financial affidavit, Uniform Child Custody
  234  Jurisdiction and Enforcement Act affidavit, if any, notice of
  235  hearing, and temporary injunction, if any, to the sheriff or a
  236  law enforcement agency of the county where the respondent
  237  resides or can be found, who shall serve it upon the respondent
  238  as soon thereafter as possible on any day of the week and at any
  239  time of the day or night. An electronic copy of an injunction
  240  must be certified by the clerk of the court, and the electronic
  241  copy must be served in the same manner as a certified copy. Upon
  242  receiving an electronic copy of the injunction, the sheriff must
  243  verify receipt with the sender before attempting to serve it
  244  upon the respondent. In addition, if the sheriff is in
  245  possession of an injunction for protection that has been
  246  certified by the clerk of the court, the sheriff may
  247  electronically transmit a copy of that injunction to a law
  248  enforcement officer who shall serve it in the same manner as a
  249  certified copy. The clerk of the court is responsible for
  250  furnishing to the sheriff such information on the respondent’s
  251  physical description and location as is required by the
  252  department to comply with the verification procedures set forth
  253  in this section. Notwithstanding any other law to the contrary,
  254  the chief judge of each circuit, in consultation with the
  255  appropriate sheriff, may authorize a law enforcement agency
  256  within the jurisdiction to effect service. A law enforcement
  257  agency serving injunctions pursuant to this section must use
  258  service and verification procedures consistent with those of the
  259  sheriff.
  260         2.For an injunction issued after July 1, 2025, the clerk
  261  of the court must provide to the Department of Highway Safety
  262  and Motor Vehicles that such an injunction was issued, and must
  263  update the Department of Highway Safety and Motor Vehicles when
  264  such an injunction in no longer in place. Such information must
  265  be included in the Driver and Vehicle Information Database.
  266         3.2. When an injunction is issued, if the petitioner
  267  requests the assistance of a law enforcement agency, the court
  268  may order that an officer from the appropriate law enforcement
  269  agency accompany the petitioner and assist in placing the
  270  petitioner in possession of the dwelling or residence, or
  271  otherwise assist in the execution or service of the injunction.
  272  A law enforcement officer must accept a copy of an injunction
  273  for protection against domestic violence, certified by the clerk
  274  of the court, from the petitioner and immediately serve it upon
  275  a respondent who has been located but not yet served.
  276         4.3. All orders issued, changed, continued, extended, or
  277  vacated subsequent to the original service of documents
  278  enumerated under subparagraph 1. must be certified by the clerk
  279  of the court and delivered to the parties at the time of the
  280  entry of the order. The parties may acknowledge receipt of such
  281  order in writing on the face of the original order. In the event
  282  a party fails or refuses to acknowledge the receipt of a
  283  certified copy of an order, the clerk shall note on the original
  284  order that service was effected. If delivery at the hearing is
  285  not possible, the clerk shall mail certified copies of the order
  286  to the parties at the last known address of each party. Service
  287  by mail is complete upon mailing. When an order is served
  288  pursuant to this subsection, the clerk shall prepare a written
  289  certification to be placed in the court file specifying the
  290  time, date, and method of service and shall notify the sheriff.
  291  
  292  If the respondent has been served previously with the temporary
  293  injunction and has failed to appear at the initial hearing on
  294  the temporary injunction, any subsequent petition for injunction
  295  seeking an extension of time may be served on the respondent by
  296  the clerk of the court by certified mail in lieu of personal
  297  service by a law enforcement officer.
  298         Section 2. Subsections (2), (4), and paragraph (a) of
  299  subsection (8) of section 784.046, Florida Statutes, are amended
  300  to read:
  301         784.046 Action by victim of repeat violence, sexual
  302  violence, or dating violence for protective injunction; dating
  303  violence investigations, notice to victims, and reporting;
  304  pretrial release violations; public records exemption.—
  305         (2) There is created a cause of action for an injunction
  306  for protection in cases of repeat violence, there is created a
  307  separate cause of action for an injunction for protection in
  308  cases of dating violence, and there is created a separate cause
  309  of action for an injunction for protection in cases of sexual
  310  violence.
  311         (a) Any person who is the victim of repeat violence or the
  312  parent or legal guardian of any minor child who is living at
  313  home and who seeks an injunction for protection against repeat
  314  violence on behalf of the minor child has standing in the
  315  circuit court to file a verified sworn petition for an
  316  injunction for protection against repeat violence.
  317         (b) Any person who is the victim of dating violence and has
  318  reasonable cause to believe he or she is in imminent danger of
  319  becoming the victim of another act of dating violence, or any
  320  person who has reasonable cause to believe he or she is in
  321  imminent danger of becoming the victim of an act of dating
  322  violence, or the parent or legal guardian of any minor child who
  323  is living at home and who seeks an injunction for protection
  324  against dating violence on behalf of that minor child, has
  325  standing in the circuit court to file a verified sworn petition
  326  for an injunction for protection against dating violence.
  327         (c) A person who is the victim of sexual violence or the
  328  parent or legal guardian of a minor child who is living at home
  329  who is the victim of sexual violence has standing in the circuit
  330  court to file a verified sworn petition for an injunction for
  331  protection against sexual violence on his or her own behalf or
  332  on behalf of the minor child if:
  333         1. The person has reported the sexual violence to a law
  334  enforcement agency and is cooperating in any criminal proceeding
  335  against the respondent, regardless of whether criminal charges
  336  based on the sexual violence have been filed, reduced, or
  337  dismissed by the state attorney; or
  338         2. The respondent who committed the sexual violence against
  339  the victim or minor child was sentenced to a term of
  340  imprisonment in state prison for the sexual violence and the
  341  respondent’s term of imprisonment has expired or is due to
  342  expire within 90 days following the date the verified petition
  343  is filed.
  344         (d) A cause of action for an injunction may be sought
  345  whether or not any other petition, complaint, or cause of action
  346  is currently available or pending between the parties.
  347         (e) A cause of action for an injunction does not require
  348  that the petitioner be represented by an attorney.
  349         (4)(a) The verified sworn petition shall allege the
  350  incidents of repeat violence, sexual violence, or dating
  351  violence and shall include the specific facts and circumstances
  352  that form the basis upon which relief is sought. With respect to
  353  a minor child who is living at home, the parent or legal
  354  guardian seeking the protective injunction on behalf of the
  355  minor child must:
  356         1. Have been an eyewitness to, or have direct physical
  357  evidence or affidavits from eyewitnesses of, the specific facts
  358  and circumstances that form the basis upon which relief is
  359  sought, if the party against whom the protective injunction is
  360  sought is also a parent, stepparent, or legal guardian of the
  361  minor child; or
  362         2. Have reasonable cause to believe that the minor child is
  363  a victim of repeat violence, sexual violence, or dating violence
  364  to form the basis upon which relief is sought, if the party
  365  against whom the protective injunction is sought is a person
  366  other than a parent, stepparent, or legal guardian of the minor
  367  child.
  368         (b) The verified sworn petition must be in substantially
  369  the following form:
  370  
  371               PETITION FOR INJUNCTION FOR PROTECTION              
  372                   AGAINST REPEAT VIOLENCE, SEXUAL                 
  373                    VIOLENCE, OR DATING VIOLENCE                   
  374  
  375         Before me, The undersigned authority, personally appeared
  376  Petitioner ...(Name)..., declares under penalty of perjury who
  377  has been sworn and says that the following statements are true:
  378  
  379         1. Petitioner resides at ...(address)... (A petitioner for
  380  an injunction for protection against sexual violence may furnish
  381  an address to the court in a separate confidential filing if,
  382  for safety reasons, the petitioner requires the location of his
  383  or her current residence to be confidential pursuant to s.
  384  119.071(2)(j), Florida Statutes.)
  385         2. Respondent resides at ...(address)....
  386         3.a. Petitioner has suffered repeat violence as
  387  demonstrated by the fact that the respondent has:
  388         ...(enumerate incidents of violence)...
  389  
  390                  ................................                 
  391                  ................................                 
  392                  ................................                 
  393  
  394         b. Petitioner has suffered sexual violence as demonstrated
  395  by the fact that the respondent has: ...(enumerate incident of
  396  violence and include incident report number from law enforcement
  397  agency or attach notice of inmate release)...
  398  
  399                  ................................                 
  400                  ................................                 
  401                  ................................                 
  402  
  403         c. Petitioner is a victim of dating violence and has
  404  reasonable cause to believe that he or she is in imminent danger
  405  of becoming the victim of another act of dating violence or has
  406  reasonable cause to believe that he or she is in imminent danger
  407  of becoming a victim of dating violence, as demonstrated by the
  408  fact that the respondent has: ...(list the specific incident or
  409  incidents of violence and describe the length of time of the
  410  relationship, whether it has been in existence during the last 6
  411  months, the nature of the relationship of a romantic or intimate
  412  nature, the frequency and type of interaction, and any other
  413  facts that characterize the relationship)...
  414  
  415                  ................................                 
  416                  ................................                 
  417                  ................................                 
  418  
  419         4. Petitioner genuinely fears repeat violence by the
  420  respondent.
  421         5. Petitioner seeks: an immediate injunction against the
  422  respondent, enjoining him or her from committing any further
  423  acts of violence; an injunction enjoining the respondent from
  424  committing any further acts of violence; and an injunction
  425  providing any terms the court deems necessary for the protection
  426  of the petitioner and the petitioner’s immediate family,
  427  including any injunctions or directives to law enforcement
  428  agencies.
  429         (c) Every petition for an injunction against repeat
  430  violence, sexual violence, or dating violence must contain the
  431  following statement directly above the signature line, in all
  432  capital letters and bold type not smaller than the surrounding
  433  text:
  434  
  435         I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
  436         EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
  437         THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
  438         UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
  439         SECTION 92.525, FLORIDA STATUTES.
  440         (8)(a)1. Within 24 hours after the court issues an
  441  injunction for protection against repeat violence, sexual
  442  violence, or dating violence, the clerk of the court shall
  443  electronically transmit a copy of the petition, notice of
  444  hearing, and temporary injunction, if any, to the sheriff or a
  445  law enforcement agency of the county where the respondent
  446  resides or can be found, who shall serve it upon the respondent
  447  as soon thereafter as possible on any day of the week and at any
  448  time of the day or night. An electronic copy of an injunction
  449  must be certified by the clerk of the court, and the electronic
  450  copy must be served in the same manner as a certified copy. Upon
  451  receiving an electronic copy of the injunction, the sheriff must
  452  verify receipt with the sender before attempting to serve it
  453  upon the respondent. In addition, if the sheriff is in
  454  possession of an injunction for protection that has been
  455  certified by the clerk of the court, the sheriff may
  456  electronically transmit a copy of that injunction to a law
  457  enforcement officer who shall serve it in the same manner as a
  458  certified copy. The clerk of the court is responsible for
  459  furnishing to the sheriff such information on the respondent’s
  460  physical description and location as is required by the
  461  department to comply with the verification procedures set forth
  462  in this section. Notwithstanding any other law to the contrary,
  463  the chief judge of each circuit, in consultation with the
  464  appropriate sheriff, may authorize a law enforcement agency
  465  within the chief judge’s jurisdiction to effect this type of
  466  service and to receive a portion of the service fee. A person
  467  may not serve or execute an injunction issued under this section
  468  unless the person is a law enforcement officer as defined in
  469  chapter 943.
  470         2.For an injunction issued after July 1, 2025, the clerk
  471  of the court must provide to the Department of Highway Safety
  472  and Motor Vehicles that such an injunction was issued, and must
  473  update the Department of Highway Safety and Motor Vehicles when
  474  such an injunction in no longer in place. Such information must
  475  be included in the Driver and Vehicle Information Database.
  476         3.2. When an injunction is issued, if the petitioner
  477  requests the assistance of a law enforcement agency, the court
  478  may order that an officer from the appropriate law enforcement
  479  agency accompany the petitioner and assist in the execution or
  480  service of the injunction. A law enforcement officer must accept
  481  a copy of an injunction for protection against repeat violence,
  482  sexual violence, or dating violence, certified by the clerk of
  483  the court, from the petitioner and immediately serve it upon a
  484  respondent who has been located but not yet served.
  485         Section 3. Paragraph (a) of subsection (1), paragraphs (a),
  486  (b), and (f) of subsection (3), and paragraph (a) of subsection
  487  (8) of section 784.0485, Florida Statutes, are amended to read:
  488         784.0485 Stalking; injunction; powers and duties of court
  489  and clerk; petition; notice and hearing; temporary injunction;
  490  issuance of injunction; statewide verification system;
  491  enforcement.—
  492         (1) There is created a cause of action for an injunction
  493  for protection against stalking. For the purposes of injunctions
  494  for protection against stalking under this section, the offense
  495  of stalking shall include the offense of cyberstalking.
  496         (a) A person who is the victim of stalking or the parent or
  497  legal guardian of a minor child who is living at home who seeks
  498  an injunction for protection against stalking on behalf of the
  499  minor child has standing in the circuit court to file a verified
  500  sworn petition for an injunction for protection against
  501  stalking.
  502         (3)(a) The verified sworn petition shall allege the
  503  existence of such stalking and shall include the specific facts
  504  and circumstances for which relief is sought.
  505         (b) The verified sworn petition shall be in substantially
  506  the following form:
  507  
  508                       PETITION FOR INJUNCTION                     
  509                   FOR PROTECTION AGAINST STALKING                 
  510  
  511         Before me, The undersigned authority, personally
  512         appeared Petitioner ...(Name)..., declares under
  513         penalty of perjury who has been sworn and says that
  514         the following statements are true:
  515  
  516         1. Petitioner resides at: ...(address)...
  517         (Petitioner may furnish the address to the court in a
  518         separate confidential filing if, for safety reasons,
  519         the petitioner requires the location of the current
  520         residence to be confidential.)
  521         2. Respondent resides at: ...(last known address)...
  522         3. Respondent’s last known place of employment:
  523         ...(name of business and address)...
  524         4. Physical description of respondent: ....
  525         5. Race: ....
  526         6. Sex: ....
  527         7. Date of birth: ....
  528         8. Height: ....
  529         9. Weight: ....
  530         10. Eye color: ....
  531         11. Hair color: ....
  532         12. Distinguishing marks or scars: ....
  533         13. Aliases of respondent: ....
  534         (f) Every petition for an injunction against stalking must
  535  contain, directly above the signature line, a statement in all
  536  capital letters and bold type not smaller than the surrounding
  537  text, as follows:
  538  
  539         I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
  540         EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
  541         THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
  542         UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
  543         SECTION 92.525 837.02, FLORIDA STATUTES.
  544  
  545         ...(initials)...
  546         (8)(a)1. Within 24 hours after the court issues an
  547  injunction for protection against stalking, the clerk of the
  548  court shall electronically transmit a copy of the petition,
  549  notice of hearing, and temporary injunction, if any, to the
  550  sheriff or a law enforcement agency of the county where the
  551  respondent resides or can be found, who shall serve it upon the
  552  respondent as soon thereafter as possible on any day of the week
  553  and at any time of the day or night. An electronic copy of an
  554  injunction must be certified by the clerk of the court, and the
  555  electronic copy must be served in the same manner as a certified
  556  copy. Upon receiving an electronic copy of the injunction, the
  557  sheriff must verify receipt with the sender before attempting to
  558  serve it on the respondent. In addition, if the sheriff is in
  559  possession of an injunction for protection that has been
  560  certified by the clerk of the court, the sheriff may
  561  electronically transmit a copy of that injunction to a law
  562  enforcement officer who shall serve it in the same manner as a
  563  certified copy. The clerk of the court shall furnish to the
  564  sheriff such information concerning the respondent’s physical
  565  description and location as is required by the Department of Law
  566  Enforcement to comply with the verification procedures set forth
  567  in this section. Notwithstanding any other law, the chief judge
  568  of each circuit, in consultation with the appropriate sheriff,
  569  may authorize a law enforcement agency within the jurisdiction
  570  to effect service. A law enforcement agency serving injunctions
  571  pursuant to this section must use service and verification
  572  procedures consistent with those of the sheriff.
  573         2.For an injunction issued after July 1, 2025, the clerk
  574  of the court must provide to the Department of Highway Safety
  575  and Motor Vehicles that such an injunction was issued, and must
  576  update the Department of Highway Safety and Motor Vehicles when
  577  such an injunction in no longer in place. Such information must
  578  be included in the Driver and Vehicle Information Database.
  579         3.2. If an injunction is issued and the petitioner requests
  580  the assistance of a law enforcement agency, the court may order
  581  that an officer from the appropriate law enforcement agency
  582  accompany the petitioner to assist in the execution or service
  583  of the injunction. A law enforcement officer must accept a copy
  584  of an injunction for protection against stalking, certified by
  585  the clerk of the court, from the petitioner and immediately
  586  serve it upon a respondent who has been located but not yet
  587  served.
  588         4.3. An order issued, changed, continued, extended, or
  589  vacated subsequent to the original service of documents
  590  enumerated under subparagraph 1. must be certified by the clerk
  591  of the court and delivered to the parties at the time of the
  592  entry of the order. The parties may acknowledge receipt of such
  593  order in writing on the face of the original order. If a party
  594  fails or refuses to acknowledge the receipt of a certified copy
  595  of an order, the clerk shall note on the original order that
  596  service was effected. If delivery at the hearing is not
  597  possible, the clerk shall mail certified copies of the order to
  598  the parties at the last known address of each party. Service by
  599  mail is complete upon mailing. When an order is served pursuant
  600  to this subsection, the clerk shall prepare a written
  601  certification to be placed in the court file specifying the
  602  time, date, and method of service and shall notify the sheriff.
  603         5.4. If the respondent has been served previously with a
  604  temporary injunction and has failed to appear at the initial
  605  hearing on the temporary injunction, any subsequent petition for
  606  injunction seeking an extension of time may be served on the
  607  respondent by the clerk of the court by certified mail in lieu
  608  of personal service by a law enforcement
  609  officer....(initials)...
  610         Section 4. For the purpose of incorporating the amendment
  611  made by this act to section 741.30, Florida Statutes, in
  612  references thereto, paragraph (b) of subsection (9) and
  613  paragraph (a) of subsection (10) of section 39.301, Florida
  614  Statutes, are reenacted to read:
  615         39.301 Initiation of protective investigations.—
  616         (9)
  617         (b) For each report received from the central abuse
  618  hotline, the department shall determine the protective,
  619  treatment, and ameliorative services necessary to safeguard and
  620  ensure the child’s safety and well-being and development, and
  621  cause the delivery of those services through the early
  622  intervention of the department or its agent. If a delay or
  623  disability of the child is suspected, the parent must be
  624  referred to a local child developmental screening program, such
  625  as the Child Find program of the Florida Diagnostic and Learning
  626  Resource System, for screening of the child. As applicable,
  627  child protective investigators must inform parents and
  628  caregivers how and when to use the injunction process under s.
  629  741.30 to remove a perpetrator of domestic violence from the
  630  home as an intervention to protect the child.
  631         1. If the department determines that the interests of the
  632  child and the public will be best served by providing the child
  633  care or other treatment voluntarily accepted by the child and
  634  the parents or legal custodians, the parent or legal custodian
  635  and child may be referred for such care, case management, or
  636  other community resources.
  637         2. If the department determines that the child is in need
  638  of protection and supervision, the department may file a
  639  petition for dependency.
  640         3. If a petition for dependency is not being filed by the
  641  department, the person or agency originating the report shall be
  642  advised of the right to file a petition pursuant to this part.
  643         4. At the close of an investigation, the department shall
  644  provide to the person who is alleged to have caused the abuse,
  645  neglect, or abandonment and the parent or legal custodian a
  646  summary of findings from the investigation and provide
  647  information about their right to access confidential reports in
  648  accordance with s. 39.202.
  649         (10)(a) The department’s training program for staff
  650  responsible for responding to reports accepted by the central
  651  abuse hotline must also ensure that child protective responders:
  652         1. Know how to fully inform parents or legal custodians of
  653  their rights and options, including opportunities for audio or
  654  video recording of child protective responder interviews with
  655  parents or legal custodians or children.
  656         2. Know how and when to use the injunction process under s.
  657  39.504 or s. 741.30 to remove a perpetrator of domestic violence
  658  from the home as an intervention to protect the child.
  659         3. Know how to explain to the parent, legal custodian, or
  660  person who is alleged to have caused the abuse, neglect, or
  661  abandonment the results of the investigation and to provide
  662  information about his or her right to access confidential
  663  reports in accordance with s. 39.202, prior to closing the case.
  664         Section 5. For the purpose of incorporating the amendment
  665  made by this act to section 741.30, Florida Statutes, in
  666  references thereto, paragraph (b) of subsection (4) and
  667  subsection (5) of section 39.504, Florida Statutes, are
  668  reenacted to read:
  669         39.504 Injunction; penalty.—
  670         (4) If an injunction is issued under this section, the
  671  primary purpose of the injunction must be to protect and promote
  672  the best interests of the child, taking the preservation of the
  673  child’s immediate family into consideration.
  674         (b) Upon proper pleading, the court may award the following
  675  relief in a temporary ex parte or final injunction:
  676         1. Exclusive use and possession of the dwelling to the
  677  caregiver or exclusion of the alleged or actual offender from
  678  the residence of the caregiver.
  679         2. Temporary support for the child or other family members.
  680         3. The costs of medical, psychiatric, and psychological
  681  treatment for the child incurred due to the abuse, and similar
  682  costs for other family members.
  683  
  684  This paragraph does not preclude an adult victim of domestic
  685  violence from seeking protection for himself or herself under s.
  686  741.30.
  687         (5) Service of process on the respondent shall be carried
  688  out pursuant to s. 741.30. The department shall deliver a copy
  689  of any injunction issued pursuant to this section to the
  690  protected party or to a parent, caregiver, or individual acting
  691  in the place of a parent who is not the respondent. Law
  692  enforcement officers may exercise their arrest powers as
  693  provided in s. 901.15(6) to enforce the terms of the injunction.
  694         Section 6. For the purpose of incorporating the amendment
  695  made by this act to section 741.30, Florida Statutes, in
  696  references thereto, subsection (4) and paragraph (b) of
  697  subsection (7) of section 61.45, Florida Statutes, are reenacted
  698  to read:
  699         61.45 Court-ordered parenting plan; risk of violation;
  700  bond.—
  701         (4) In assessing the need for a bond or other security, the
  702  court may consider any reasonable factor bearing upon the risk
  703  that a party may violate a parenting plan by removing a child
  704  from this state or country or by concealing the whereabouts of a
  705  child, including but not limited to whether:
  706         (a) A court has previously found that a party previously
  707  removed a child from Florida or another state in violation of a
  708  parenting plan, or whether a court had found that a party has
  709  threatened to take a child out of Florida or another state in
  710  violation of a parenting plan;
  711         (b) The party has strong family and community ties to
  712  Florida or to other states or countries, including whether the
  713  party or child is a citizen of another country;
  714         (c) The party has strong financial reasons to remain in
  715  Florida or to relocate to another state or country;
  716         (d) The party has engaged in activities that suggest plans
  717  to leave Florida, such as quitting employment; sale of a
  718  residence or termination of a lease on a residence, without
  719  efforts to acquire an alternative residence in the state;
  720  closing bank accounts or otherwise liquidating assets; applying
  721  for a passport or visa; or obtaining travel documents for the
  722  respondent or the child;
  723         (e) Either party has had a history of domestic violence as
  724  either a victim or perpetrator, child abuse or child neglect
  725  evidenced by criminal history, including but not limited to,
  726  arrest, an injunction for protection against domestic violence
  727  issued after notice and hearing under s. 741.30, medical
  728  records, affidavits, or any other relevant information;
  729         (f) The party has a criminal record;
  730         (g) The party is likely to take the child to a country
  731  that:
  732         1. Is not a party to the Hague Convention on the Civil
  733  Aspects of International Child Abduction and does not provide
  734  for the extradition of an abducting parent or for the return of
  735  an abducted child;
  736         2. Is a party to the Hague Convention on the Civil Aspects
  737  of International Child Abduction, but:
  738         a. The Hague Convention on the Civil Aspects of
  739  International Child Abduction is not in force between this
  740  country and that country;
  741         b. Is noncompliant or demonstrating patterns of
  742  noncompliance according to the most recent compliance report
  743  issued by the United States Department of State; or
  744         c. Lacks legal mechanisms for immediately and effectively
  745  enforcing a return order under the Hague Convention on the Civil
  746  Aspects of International Child Abduction;
  747         3. Poses a risk that the child’s physical or emotional
  748  health or safety would be endangered in the country because of
  749  specific circumstances relating to the child or because of human
  750  rights violations committed against children;
  751         4. Has laws or practices that would:
  752         a. Enable the respondent, without due cause, to prevent the
  753  petitioner from contacting the child;
  754         b. Restrict the petitioner from freely traveling to or
  755  exiting from the country because of the petitioner’s gender,
  756  nationality, marital status, or religion; or
  757         c. Restrict the child’s ability to legally leave the
  758  country after the child reaches the age of majority because of a
  759  child’s gender, nationality, or religion;
  760         5. Is included by the United States Department of State on
  761  a current list of state sponsors of terrorism;
  762         6. Does not have an official United States diplomatic
  763  presence in the country; or
  764         7. Is engaged in active military action or war, including a
  765  civil war, to which the child may be exposed;
  766         (h) The party is undergoing a change in immigration or
  767  citizenship status that would adversely affect the respondent’s
  768  ability to remain in this country legally;
  769         (i) The party has had an application for United States
  770  citizenship denied;
  771         (j) The party has forged or presented misleading or false
  772  evidence on government forms or supporting documents to obtain
  773  or attempt to obtain a passport, a visa, travel documents, a
  774  social security card, a driver license, or other government
  775  issued identification card or has made a misrepresentation to
  776  the United States government;
  777         (k) The party has used multiple names to attempt to mislead
  778  or defraud;
  779         (l) The party has been diagnosed with a mental health
  780  disorder that the court considers relevant to the risk of
  781  abduction; or
  782         (m) The party has engaged in any other conduct that the
  783  court considers relevant to the risk of abduction.
  784         (7)
  785         (b) This section, including the requirement to post a bond
  786  or other security, does not apply to a parent who, in a
  787  proceeding to order or modify a parenting plan or time-sharing
  788  schedule, is determined by the court to be a victim of an act of
  789  domestic violence or provides the court with reasonable cause to
  790  believe that he or she is about to become the victim of an act
  791  of domestic violence, as defined in s. 741.28. An injunction for
  792  protection against domestic violence issued pursuant to s.
  793  741.30 for a parent as the petitioner which is in effect at the
  794  time of the court proceeding shall be one means of demonstrating
  795  sufficient evidence that the parent is a victim of domestic
  796  violence or is about to become the victim of an act of domestic
  797  violence, as defined in s. 741.28, and shall exempt the parent
  798  from this section, including the requirement to post a bond or
  799  other security. A parent who is determined by the court to be
  800  exempt from the requirements of this section must meet the
  801  requirements of s. 787.03(6) if an offense of interference with
  802  the parenting plan or time-sharing schedule is committed.
  803         Section 7. For the purpose of incorporating the amendment
  804  made by this act to section 741.30, Florida Statutes, in a
  805  reference thereto, subsection (1) of section 741.29, Florida
  806  Statutes, is reenacted to read:
  807         741.29 Domestic violence; investigation of incidents;
  808  notice to victims of legal rights and remedies; reporting.—
  809         (1) Any law enforcement officer who investigates an alleged
  810  incident of domestic violence shall assist the victim to obtain
  811  medical treatment if such is required as a result of the alleged
  812  incident to which the officer responds. Any law enforcement
  813  officer who investigates an alleged incident of domestic
  814  violence shall advise the victim of such violence that there is
  815  a domestic violence center from which the victim may receive
  816  services. The law enforcement officer shall give the victim
  817  immediate notice of the legal rights and remedies available on a
  818  standard form developed and distributed by the department. As
  819  necessary, the department shall revise the Legal Rights and
  820  Remedies Notice to Victims to include a general summary of s.
  821  741.30 using simple English as well as Spanish, and shall
  822  distribute the notice as a model form to be used by all law
  823  enforcement agencies throughout the state. The notice shall
  824  include:
  825         (a) The resource listing, including telephone number, for
  826  the area domestic violence center designated by the Department
  827  of Children and Families; and
  828         (b) A copy of the following statement: “IF YOU ARE THE
  829  VICTIM OF DOMESTIC VIOLENCE, you may ask the state attorney to
  830  file a criminal complaint. You also have the right to go to
  831  court and file a petition requesting an injunction for
  832  protection from domestic violence which may include, but need
  833  not be limited to, provisions which restrain the abuser from
  834  further acts of abuse; direct the abuser to leave your
  835  household; prevent the abuser from entering your residence,
  836  school, business, or place of employment; award you custody of
  837  your minor child or children; and direct the abuser to pay
  838  support to you and the minor children if the abuser has a legal
  839  obligation to do so.”
  840         Section 8. For the purpose of incorporating the amendment
  841  made by this act to section 741.30, Florida Statutes, in a
  842  reference thereto, subsection (2) of section 741.2902, Florida
  843  Statutes, is reenacted to read:
  844         741.2902 Domestic violence; legislative intent with respect
  845  to judiciary’s role.—
  846         (2) It is the intent of the Legislature, with respect to
  847  injunctions for protection against domestic violence, issued
  848  pursuant to s. 741.30, that the court shall:
  849         (a) Recognize that the petitioner’s safety may require
  850  immediate removal of the respondent from their joint residence
  851  and that there can be inherent danger in permitting the
  852  respondent partial or periodic access to the residence.
  853         (b) Ensure that the parties have a clear understanding of
  854  the terms of the injunction, the penalties for failure to
  855  comply, and that the parties cannot amend the injunction
  856  verbally, in writing, or by invitation to the residence.
  857         (c) Ensure that the parties have knowledge of legal rights
  858  and remedies including, but not limited to, visitation, child
  859  support, retrieving property, counseling, and enforcement or
  860  modification of the injunction.
  861         (d) Consider temporary child support when the pleadings
  862  raise the issue and in the absence of other support orders.
  863         (e) Consider supervised visitation, withholding visitation,
  864  or other arrangements for visitation that will best protect the
  865  child and petitioner from harm.
  866         (f) Enforce, through a civil or criminal contempt
  867  proceeding, a violation of an injunction for protection against
  868  domestic violence.
  869         (g) Consider requiring the perpetrator to complete a
  870  batterers’ intervention program. It is preferred that such
  871  program meet the requirements specified in s. 741.325.
  872         Section 9. For the purpose of incorporating the amendment
  873  made by this act to section 741.30, Florida Statutes, in a
  874  reference thereto, paragraph (a) of subsection (4) of section
  875  741.31, Florida Statutes, is reenacted to read:
  876         741.31 Violation of an injunction for protection against
  877  domestic violence.—
  878         (4)(a) A person who willfully violates an injunction for
  879  protection against domestic violence issued pursuant to s.
  880  741.30, or a foreign protection order accorded full faith and
  881  credit pursuant to s. 741.315, by:
  882         1. Refusing to vacate the dwelling that the parties share;
  883         2. Going to, or being within 500 feet of, the petitioner’s
  884  residence, school, place of employment, or a specified place
  885  frequented regularly by the petitioner and any named family or
  886  household member;
  887         3. Committing an act of domestic violence against the
  888  petitioner;
  889         4. Committing any other violation of the injunction through
  890  an intentional unlawful threat, word, or act to do violence to
  891  the petitioner;
  892         5. Telephoning, contacting, or otherwise communicating with
  893  the petitioner directly or indirectly, unless the injunction
  894  specifically allows indirect contact through a third party;
  895         6. Knowingly and intentionally coming within 100 feet of
  896  the petitioner’s motor vehicle, whether or not that vehicle is
  897  occupied;
  898         7. Defacing or destroying the petitioner’s personal
  899  property, including the petitioner’s motor vehicle; or
  900         8. Refusing to surrender firearms or ammunition if ordered
  901  to do so by the court
  902  
  903  commits a misdemeanor of the first degree, punishable as
  904  provided in s. 775.082 or s. 775.083, except as provided in
  905  paragraph (c).
  906         Section 10. For the purpose of incorporating the amendments
  907  made by this act to sections 741.30 and 784.046, Florida
  908  Statutes, in references thereto, paragraph (a) of subsection (3)
  909  of section 61.1825, Florida Statutes, is reenacted to read:
  910         61.1825 State Case Registry.—
  911         (3)(a) For the purpose of this section, a family violence
  912  indicator must be placed on a record when:
  913         1. A party executes a sworn statement requesting that a
  914  family violence indicator be placed on that party’s record which
  915  states that the party has reason to believe that release of
  916  information to the Federal Case Registry may result in physical
  917  or emotional harm to the party or the child; or
  918         2. A temporary or final injunction for protection against
  919  domestic violence has been granted pursuant to s. 741.30(6), an
  920  injunction for protection against domestic violence has been
  921  issued by a court of a foreign state pursuant to s. 741.315, or
  922  a temporary or final injunction for protection against repeat
  923  violence has been granted pursuant to s. 784.046; or
  924         3. The department has received information on a Title IV-D
  925  case from the Domestic, Dating, Sexual, and Repeat Violence
  926  Injunction Statewide Verification System, established pursuant
  927  to s. 784.046(8)(b), that a court has granted a party a domestic
  928  violence or repeat violence injunction.
  929         Section 11. For the purpose of incorporating the amendments
  930  made by this act to sections 741.30 and 784.046, Florida
  931  Statutes, in references thereto, subsection (1) of section
  932  61.1827, Florida Statutes, is reenacted to read:
  933         61.1827 Identifying information concerning applicants for
  934  and recipients of child support services.—
  935         (1) Any information that reveals the identity of applicants
  936  for or recipients of child support services, including the name,
  937  address, and telephone number of such persons, held by a non
  938  Title IV-D county child support enforcement agency is
  939  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  940  of the State Constitution. The use or disclosure of such
  941  information by the non-Title IV-D county child support
  942  enforcement agency is limited to the purposes directly connected
  943  with:
  944         (a) Any investigation, prosecution, or criminal or civil
  945  proceeding connected with the administration of any non-Title
  946  IV-D county child support enforcement program;
  947         (b) Mandatory disclosure of identifying and location
  948  information as provided in s. 61.13(7) by the non-Title IV-D
  949  county child support enforcement agency when providing non-Title
  950  IV-D services;
  951         (c) Mandatory disclosure of information as required by ss.
  952  409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
  953  Social Security Act; or
  954         (d) Disclosure to an authorized person, as defined in 45
  955  C.F.R. s. 303.15, for purposes of enforcing any state or federal
  956  law with respect to the unlawful taking or restraint of a child
  957  or making or enforcing a parenting plan. As used in this
  958  paragraph, the term “authorized person” includes a parent with
  959  whom the child does not currently reside, unless a court has
  960  entered an order under s. 741.30, s. 741.31, or s. 784.046.
  961         Section 12. For the purpose of incorporating the amendments
  962  made by this act to sections 741.30 and 784.046, Florida
  963  Statutes, in references thereto, paragraph (e) of subsection (2)
  964  of section 394.4597, Florida Statutes, is reenacted to read:
  965         394.4597 Persons to be notified; patient’s representative.—
  966         (2) INVOLUNTARY PATIENTS.—
  967         (e) The following persons are prohibited from selection as
  968  a patient’s representative:
  969         1. A professional providing clinical services to the
  970  patient under this part.
  971         2. The licensed professional who initiated the involuntary
  972  examination of the patient, if the examination was initiated by
  973  professional certificate.
  974         3. An employee, an administrator, or a board member of the
  975  facility providing the examination of the patient.
  976         4. An employee, an administrator, or a board member of a
  977  treatment facility providing treatment for the patient.
  978         5. A person providing any substantial professional services
  979  to the patient, including clinical services.
  980         6. A creditor of the patient.
  981         7. A person subject to an injunction for protection against
  982  domestic violence under s. 741.30, whether the order of
  983  injunction is temporary or final, and for which the patient was
  984  the petitioner.
  985         8. A person subject to an injunction for protection against
  986  repeat violence, stalking, sexual violence, or dating violence
  987  under s. 784.046, whether the order of injunction is temporary
  988  or final, and for which the patient was the petitioner.
  989         Section 13. For the purpose of incorporating the amendments
  990  made by this act to sections 741.30 and 784.046, Florida
  991  Statutes, in references thereto, paragraphs (g) and (h) of
  992  subsection (2) of section 394.4598, Florida Statutes, are
  993  reenacted to read:
  994         394.4598 Guardian advocate.—
  995         (2) The following persons are prohibited from appointment
  996  as a patient’s guardian advocate:
  997         (g) A person subject to an injunction for protection
  998  against domestic violence under s. 741.30, whether the order of
  999  injunction is temporary or final, and for which the patient was
 1000  the petitioner.
 1001         (h) A person subject to an injunction for protection
 1002  against repeat violence, stalking, sexual violence, or dating
 1003  violence under s. 784.046, whether the order of injunction is
 1004  temporary or final, and for which the patient was the
 1005  petitioner.
 1006         Section 14. For the purpose of incorporating the amendments
 1007  made by this act to sections 741.30 and 784.046, Florida
 1008  Statutes, in references thereto, paragraphs (g) and (h) of
 1009  subsection (2) of section 397.6978, Florida Statutes, are
 1010  reenacted to read:
 1011         397.6978 Guardian advocate; patient incompetent to consent;
 1012  substance abuse disorder.—
 1013         (2) The following persons are prohibited from appointment
 1014  as a patient’s guardian advocate:
 1015         (g) A person subject to an injunction for protection
 1016  against domestic violence under s. 741.30, whether the order of
 1017  injunction is temporary or final, and for which the individual
 1018  was the petitioner.
 1019         (h) A person subject to an injunction for protection
 1020  against repeat violence, stalking, sexual violence, or dating
 1021  violence under s. 784.046, whether the order of injunction is
 1022  temporary or final, and for which the individual was the
 1023  petitioner.
 1024         Section 15. For the purpose of incorporating the amendments
 1025  made by this act to sections 741.30 and 784.046, Florida
 1026  Statutes, in references thereto, subsection (4) of section
 1027  784.048, Florida Statutes, is reenacted to read:
 1028         784.048 Stalking; definitions; penalties.—
 1029         (4) A person who, after an injunction for protection
 1030  against repeat violence, sexual violence, or dating violence
 1031  pursuant to s. 784.046, or an injunction for protection against
 1032  domestic violence pursuant to s. 741.30, or after any other
 1033  court-imposed prohibition of conduct toward the subject person
 1034  or that person’s property, knowingly, willfully, maliciously,
 1035  and repeatedly follows, harasses, or cyberstalks another person
 1036  commits the offense of aggravated stalking, a felony of the
 1037  third degree, punishable as provided in s. 775.082, s. 775.083,
 1038  or s. 775.084.
 1039         Section 16. For the purpose of incorporating the amendments
 1040  made by this act to sections 741.30 and 784.046, Florida
 1041  Statutes, in references thereto, paragraph (c) of subsection (2)
 1042  of section 790.065, Florida Statutes, is reenacted to read:
 1043         790.065 Sale and delivery of firearms.—
 1044         (2) Upon receipt of a request for a criminal history record
 1045  check, the Department of Law Enforcement shall, during the
 1046  licensee’s call or by return call, forthwith:
 1047         (c)1. Review any records available to it to determine
 1048  whether the potential buyer or transferee has been indicted or
 1049  has had an information filed against her or him for an offense
 1050  that is a felony under either state or federal law, or, as
 1051  mandated by federal law, has had an injunction for protection
 1052  against domestic violence entered against the potential buyer or
 1053  transferee under s. 741.30, has had an injunction for protection
 1054  against repeat violence entered against the potential buyer or
 1055  transferee under s. 784.046, or has been arrested for a
 1056  dangerous crime as specified in s. 907.041(5)(a) or for any of
 1057  the following enumerated offenses:
 1058         a. Criminal anarchy under ss. 876.01 and 876.02.
 1059         b. Extortion under s. 836.05.
 1060         c. Explosives violations under s. 552.22(1) and (2).
 1061         d. Controlled substances violations under chapter 893.
 1062         e. Resisting an officer with violence under s. 843.01.
 1063         f. Weapons and firearms violations under this chapter.
 1064         g. Treason under s. 876.32.
 1065         h. Assisting self-murder under s. 782.08.
 1066         i. Sabotage under s. 876.38.
 1067         j. Stalking or aggravated stalking under s. 784.048.
 1068  
 1069  If the review indicates any such indictment, information, or
 1070  arrest, the department shall provide to the licensee a
 1071  conditional nonapproval number.
 1072         2. Within 24 working hours, the department shall determine
 1073  the disposition of the indictment, information, or arrest and
 1074  inform the licensee as to whether the potential buyer is
 1075  prohibited from receiving or possessing a firearm. For purposes
 1076  of this paragraph, “working hours” means the hours from 8 a.m.
 1077  to 5 p.m. Monday through Friday, excluding legal holidays.
 1078         3. The office of the clerk of court, at no charge to the
 1079  department, shall respond to any department request for data on
 1080  the disposition of the indictment, information, or arrest as
 1081  soon as possible, but in no event later than 8 working hours.
 1082         4. The department shall determine as quickly as possible
 1083  within the allotted time period whether the potential buyer is
 1084  prohibited from receiving or possessing a firearm.
 1085         5. If the potential buyer is not so prohibited, or if the
 1086  department cannot determine the disposition information within
 1087  the allotted time period, the department shall provide the
 1088  licensee with a conditional approval number.
 1089         6. If the buyer is so prohibited, the conditional
 1090  nonapproval number shall become a nonapproval number.
 1091         7. The department shall continue its attempts to obtain the
 1092  disposition information and may retain a record of all approval
 1093  numbers granted without sufficient disposition information. If
 1094  the department later obtains disposition information which
 1095  indicates:
 1096         a. That the potential buyer is not prohibited from owning a
 1097  firearm, it shall treat the record of the transaction in
 1098  accordance with this section; or
 1099         b. That the potential buyer is prohibited from owning a
 1100  firearm, it shall immediately revoke the conditional approval
 1101  number and notify local law enforcement.
 1102         8. During the time that disposition of the indictment,
 1103  information, or arrest is pending and until the department is
 1104  notified by the potential buyer that there has been a final
 1105  disposition of the indictment, information, or arrest, the
 1106  conditional nonapproval number shall remain in effect.
 1107         Section 17. For the purpose of incorporating the amendments
 1108  made by this act to sections 741.30 and 784.046, Florida
 1109  Statutes, in references thereto, subsections (6), (7), and (13)
 1110  of section 901.15, Florida Statutes, are reenacted to read:
 1111         901.15 When arrest by officer without warrant is lawful.—A
 1112  law enforcement officer may arrest a person without a warrant
 1113  when:
 1114         (6) There is probable cause to believe that the person has
 1115  committed a criminal act according to s. 790.233 or according to
 1116  s. 741.31, s. 784.047, or s. 825.1036 which violates an
 1117  injunction for protection entered pursuant to s. 741.30, s.
 1118  784.046, or s. 825.1035 or a foreign protection order accorded
 1119  full faith and credit pursuant to s. 741.315, over the objection
 1120  of the petitioner, if necessary.
 1121         (7) There is probable cause to believe that the person has
 1122  committed an act of domestic violence, as defined in s. 741.28,
 1123  or dating violence, as provided in s. 784.046. The decision to
 1124  arrest shall not require consent of the victim or consideration
 1125  of the relationship of the parties. It is the public policy of
 1126  this state to strongly discourage arrest and charges of both
 1127  parties for domestic violence or dating violence on each other
 1128  and to encourage training of law enforcement and prosecutors in
 1129  these areas. A law enforcement officer who acts in good faith
 1130  and exercises due care in making an arrest under this
 1131  subsection, under s. 741.31(4) or s. 784.047, or pursuant to a
 1132  foreign order of protection accorded full faith and credit
 1133  pursuant to s. 741.315, is immune from civil liability that
 1134  otherwise might result by reason of his or her action.
 1135         (13) There is probable cause to believe that the person has
 1136  committed an act that violates a condition of pretrial release
 1137  provided in s. 903.047 when the original arrest was for an act
 1138  of domestic violence as defined in s. 741.28, or when the
 1139  original arrest was for an act of dating violence as defined in
 1140  s. 784.046.
 1141         Section 18. For the purpose of incorporating the amendments
 1142  made by this act to sections 741.30 and 784.046, Florida
 1143  Statutes, in references thereto, paragraph (p) of subsection (6)
 1144  of section 921.141, Florida Statutes, is reenacted to read:
 1145         921.141 Sentence of death or life imprisonment for capital
 1146  felonies; further proceedings to determine sentence.—
 1147         (6) AGGRAVATING FACTORS.—Aggravating factors shall be
 1148  limited to the following:
 1149         (p) The capital felony was committed by a person subject to
 1150  an injunction issued pursuant to s. 741.30 or s. 784.046, or a
 1151  foreign protection order accorded full faith and credit pursuant
 1152  to s. 741.315, and was committed against the petitioner who
 1153  obtained the injunction or protection order or any spouse,
 1154  child, sibling, or parent of the petitioner.
 1155         Section 19. For the purpose of incorporating the amendments
 1156  made by this act to sections 741.30 and 784.046, Florida
 1157  Statutes, in references thereto, paragraph (j) of subsection (7)
 1158  of section 921.1425, Florida Statutes, is reenacted to read:
 1159         921.1425 Sentence of death or life imprisonment for capital
 1160  sexual battery; further proceedings to determine sentence.—
 1161         (7) AGGRAVATING FACTORS.—Aggravating factors shall be
 1162  limited to the following:
 1163         (j) The capital felony was committed by a person subject to
 1164  an injunction issued pursuant to s. 741.30 or s. 784.046, or a
 1165  foreign protection order accorded full faith and credit pursuant
 1166  to s. 741.315, and was committed against the petitioner who
 1167  obtained the injunction or protection order or any spouse,
 1168  child, sibling, or parent of the petitioner.
 1169         Section 20. For the purpose of incorporating the amendments
 1170  made by this act to sections 741.30, 784.046, and 784.0485,
 1171  Florida Statutes, in references thereto, paragraphs (a), (b),
 1172  and (c) of subsection (8) of section 28.2221, Florida Statutes,
 1173  are reenacted to read:
 1174         28.2221 Electronic access to official records.—
 1175         (8)(a) Each county recorder or clerk of the court must make
 1176  the identity of each respondent against whom a final judgment
 1177  for an injunction for the protection of a minor under s. 741.30,
 1178  s. 784.046, or s. 784.0485 is entered, as well as the fact that
 1179  a final judgment for an injunction for the protection of a minor
 1180  under s. 741.30, s. 784.046, or s. 784.0485 has been entered
 1181  against that respondent, publicly available on an Internet
 1182  website for general public display, which may include the
 1183  Internet website required by this section, unless the respondent
 1184  is a minor.
 1185         (b) Any information specified in this subsection not made
 1186  available by the county recorder or clerk of the court on a
 1187  publicly available Internet website for general public display
 1188  before July 1, 2021, must be made publicly available on an
 1189  Internet website if the affected party identifies the
 1190  information and requests that such information be added to a
 1191  publicly available Internet website for general public display.
 1192  Such request must be in writing and delivered by mail,
 1193  facsimile, or electronic transmission or in person to the county
 1194  recorder or clerk of the court. The request must specify the
 1195  case number assigned to the final judgment for an injunction for
 1196  the protection of a minor under s. 741.30, s. 784.046, or s.
 1197  784.0485. A fee may not be charged for the addition of
 1198  information pursuant to such request.
 1199         (c) No later than 30 days after July 1, 2021, notice of the
 1200  right of any affected party to request the addition of
 1201  information to a publicly available Internet website pursuant to
 1202  this subsection shall be conspicuously and clearly displayed by
 1203  the county recorder or clerk of the court on the publicly
 1204  available Internet website on which images or copies of the
 1205  county’s public records are placed and in the office of each
 1206  county recorder or clerk of the court. Such notice must contain
 1207  appropriate instructions for making the addition of information
 1208  request in person, by mail, by facsimile, or by electronic
 1209  transmission. The notice must state, in substantially similar
 1210  form, that any person has a right to request that a county
 1211  recorder or clerk of the court add information to a publicly
 1212  available Internet website if that information involves the
 1213  identity of a respondent against whom a final judgment for an
 1214  injunction for the protection of a minor under s. 741.30, s.
 1215  784.046, or s. 784.0485 is entered, unless the respondent is a
 1216  minor. Such request must be made in writing and delivered by
 1217  mail, facsimile, or electronic transmission or in person to the
 1218  county recorder or clerk of the court. The request must specify
 1219  the case number assigned to the final judgment for an injunction
 1220  for the protection of a minor under s. 741.30, s. 784.046, or s.
 1221  784.0485. A fee may not be charged for the addition of a
 1222  document pursuant to such request.
 1223         Section 21. For the purpose of incorporating the amendments
 1224  made by this act to sections 741.30, 784.046, and 784.0485,
 1225  Florida Statutes, in references thereto, subsection (8) of
 1226  section 57.105, Florida Statutes, is reenacted to read:
 1227         57.105 Attorney’s fee; sanctions for raising unsupported
 1228  claims or defenses; exceptions; service of motions; damages for
 1229  delay of litigation.—
 1230         (8) Attorney fees may not be awarded under this section in
 1231  proceedings for an injunction for protection pursuant to s.
 1232  741.30, s. 784.046, or s. 784.0485, unless the court finds by
 1233  clear and convincing evidence that the petitioner knowingly made
 1234  a false statement or allegation in the petition or that the
 1235  respondent knowingly made a false statement or allegation in an
 1236  asserted defense, with regard to a material matter as defined in
 1237  s. 837.011(3).
 1238         Section 22. For the purpose of incorporating the amendments
 1239  made by this act to sections 741.30, 784.046, and 784.0485,
 1240  Florida Statutes, in references thereto, subsection (2) of
 1241  section 741.315, Florida Statutes, is reenacted to read:
 1242         741.315 Recognition of foreign protection orders.—
 1243         (2) Pursuant to 18 U.S.C. s. 2265, an injunction for
 1244  protection against domestic violence issued by a court of a
 1245  foreign state must be accorded full faith and credit by the
 1246  courts of this state and enforced by a law enforcement agency as
 1247  if it were the order of a Florida court issued under s. 741.30,
 1248  s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487,
 1249  and provided that the court had jurisdiction over the parties
 1250  and the matter and that reasonable notice and opportunity to be
 1251  heard was given to the person against whom the order is sought
 1252  sufficient to protect that person’s right to due process. Ex
 1253  parte foreign injunctions for protection are not eligible for
 1254  enforcement under this section unless notice and opportunity to
 1255  be heard have been provided within the time required by the
 1256  foreign state or tribal law, and in any event within a
 1257  reasonable time after the order is issued, sufficient to protect
 1258  the respondent’s due process rights.
 1259         Section 23. For the purpose of incorporating the amendments
 1260  made by this act to sections 741.30, 784.046, and 784.0485,
 1261  Florida Statutes, in references thereto, paragraph (e) of
 1262  subsection (2) and paragraphs (c) and (e) of subsection (3) of
 1263  section 790.401, Florida Statutes, are reenacted to read:
 1264         790.401 Risk protection orders.—
 1265         (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
 1266  an action known as a petition for a risk protection order.
 1267         (e) A petition must:
 1268         1. Allege that the respondent poses a significant danger of
 1269  causing personal injury to himself or herself or others by
 1270  having a firearm or any ammunition in his or her custody or
 1271  control or by purchasing, possessing, or receiving a firearm or
 1272  any ammunition, and must be accompanied by an affidavit made
 1273  under oath stating the specific statements, actions, or facts
 1274  that give rise to a reasonable fear of significant dangerous
 1275  acts by the respondent;
 1276         2. Identify the quantities, types, and locations of all
 1277  firearms and ammunition the petitioner believes to be in the
 1278  respondent’s current ownership, possession, custody, or control;
 1279  and
 1280         3. Identify whether there is a known existing protection
 1281  order governing the respondent under s. 741.30, s. 784.046, or
 1282  s. 784.0485 or under any other applicable statute.
 1283         (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
 1284         (c) In determining whether grounds for a risk protection
 1285  order exist, the court may consider any relevant evidence,
 1286  including, but not limited to, any of the following:
 1287         1. A recent act or threat of violence by the respondent
 1288  against himself or herself or others, whether or not such
 1289  violence or threat of violence involves a firearm.
 1290         2. An act or threat of violence by the respondent within
 1291  the past 12 months, including, but not limited to, acts or
 1292  threats of violence by the respondent against himself or herself
 1293  or others.
 1294         3. Evidence of the respondent being seriously mentally ill
 1295  or having recurring mental health issues.
 1296         4. A violation by the respondent of a risk protection order
 1297  or a no contact order issued under s. 741.30, s. 784.046, or s.
 1298  784.0485.
 1299         5. A previous or existing risk protection order issued
 1300  against the respondent.
 1301         6. A violation of a previous or existing risk protection
 1302  order issued against the respondent.
 1303         7. Whether the respondent, in this state or any other
 1304  state, has been convicted of, had adjudication withheld on, or
 1305  pled nolo contendere to a crime that constitutes domestic
 1306  violence as defined in s. 741.28.
 1307         8. Whether the respondent has used, or has threatened to
 1308  use, against himself or herself or others any weapons.
 1309         9. The unlawful or reckless use, display, or brandishing of
 1310  a firearm by the respondent.
 1311         10. The recurring use of, or threat to use, physical force
 1312  by the respondent against another person or the respondent
 1313  stalking another person.
 1314         11. Whether the respondent, in this state or any other
 1315  state, has been arrested for, convicted of, had adjudication
 1316  withheld on, or pled nolo contendere to a crime involving
 1317  violence or a threat of violence.
 1318         12. Corroborated evidence of the abuse of controlled
 1319  substances or alcohol by the respondent.
 1320         13. Evidence of recent acquisition of firearms or
 1321  ammunition by the respondent.
 1322         14. Any relevant information from family and household
 1323  members concerning the respondent.
 1324         15. Witness testimony, taken while the witness is under
 1325  oath, relating to the matter before the court.
 1326         (e) In a hearing under this section, the rules of evidence
 1327  apply to the same extent as in a domestic violence injunction
 1328  proceeding under s. 741.30.
 1329         Section 24. For the purpose of incorporating the amendments
 1330  made by this act to sections 741.30, 784.046, and 784.0485,
 1331  Florida Statutes, in references thereto, paragraph (l) of
 1332  subsection (2) of section 934.03, Florida Statutes, is reenacted
 1333  to read:
 1334         934.03 Interception and disclosure of wire, oral, or
 1335  electronic communications prohibited.—
 1336         (2)
 1337         (l) It is lawful under this section and ss. 934.04-934.09
 1338  for a person who is protected under an active temporary or final
 1339  injunction for repeat violence, sexual violence, or dating
 1340  violence under s. 784.046; stalking under s. 784.0485; domestic
 1341  violence under s. 741.30; or any other court-imposed prohibition
 1342  of conduct toward the person to intercept and record a wire,
 1343  oral, or electronic communication received in violation of such
 1344  injunction or court order. A recording authorized under this
 1345  paragraph may be provided to a law enforcement agency, an
 1346  attorney, or a court for the purpose of evidencing a violation
 1347  of an injunction or court order if the subject of the injunction
 1348  or court order prohibiting contact has been served the
 1349  injunction or is on notice that the conduct is prohibited. A
 1350  recording authorized under this paragraph may not be otherwise
 1351  disseminated or shared.
 1352         Section 25. For the purpose of incorporating the amendments
 1353  made by this act to sections 741.30, 784.046, and 784.0485,
 1354  Florida Statutes, in references thereto, subsection (3) of
 1355  section 934.425, Florida Statutes, is reenacted to read:
 1356         934.425 Installation of tracking devices or tracking
 1357  applications; exceptions; penalties.—
 1358         (3) For purposes of this section, a person’s consent is
 1359  presumed to be revoked if:
 1360         (a) The consenting person and the person to whom consent
 1361  was given are lawfully married and one person files a petition
 1362  for dissolution of marriage from the other; or
 1363         (b) The consenting person or the person to whom consent was
 1364  given files an injunction for protection against the other
 1365  person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
 1366  784.0485.
 1367         Section 26. For the purpose of incorporating the amendments
 1368  made by this act to sections 741.30 and 784.0485, Florida
 1369  Statutes, in references thereto, subsection (1) of section
 1370  790.233, Florida Statutes, is reenacted to read:
 1371         790.233 Possession of firearm or ammunition prohibited when
 1372  person is subject to an injunction against committing acts of
 1373  domestic violence, stalking, or cyberstalking; penalties.—
 1374         (1) A person may not have in his or her care, custody,
 1375  possession, or control any firearm or ammunition if the person
 1376  has been issued a final injunction that is currently in force
 1377  and effect, restraining that person from committing acts of
 1378  domestic violence, as issued under s. 741.30 or from committing
 1379  acts of stalking or cyberstalking, as issued under s. 784.0485.
 1380         Section 27. For the purpose of incorporating the amendment
 1381  made by this act to section 784.046, Florida Statutes, in a
 1382  reference thereto, subsection (1) of section 784.047, Florida
 1383  Statutes, is reenacted to read:
 1384         784.047 Penalties for violating protective injunction
 1385  against violators.—
 1386         (1) A person who willfully violates an injunction for
 1387  protection against repeat violence, sexual violence, or dating
 1388  violence, issued pursuant to s. 784.046, or a foreign protection
 1389  order accorded full faith and credit pursuant to s. 741.315 by:
 1390         (a) Refusing to vacate the dwelling that the parties share;
 1391         (b) Going to, or being within 500 feet of, the petitioner’s
 1392  residence, school, place of employment, or a specified place
 1393  frequented regularly by the petitioner and any named family or
 1394  household member;
 1395         (c) Committing an act of repeat violence, sexual violence,
 1396  or dating violence against the petitioner;
 1397         (d) Committing any other violation of the injunction
 1398  through an intentional unlawful threat, word, or act to do
 1399  violence to the petitioner;
 1400         (e) Telephoning, contacting, or otherwise communicating
 1401  with the petitioner directly or indirectly, unless the
 1402  injunction specifically allows indirect contact through a third
 1403  party;
 1404         (f) Knowingly and intentionally coming within 100 feet of
 1405  the petitioner’s motor vehicle, whether or not that vehicle is
 1406  occupied;
 1407         (g) Defacing or destroying the petitioner’s personal
 1408  property, including the petitioner’s motor vehicle; or
 1409         (h) Refusing to surrender firearms or ammunition if ordered
 1410  to do so by the court,
 1411  
 1412  commits a misdemeanor of the first degree, punishable as
 1413  provided in s. 775.082 or s. 775.083, except as provided in
 1414  subsection (2).
 1415         Section 28. For the purpose of incorporating the amendment
 1416  made by this act to section 784.0485, Florida Statutes, in a
 1417  reference thereto, paragraph (a) of subsection (4) of section
 1418  784.0487, Florida Statutes, is reenacted to read:
 1419         784.0487 Violation of an injunction for protection against
 1420  stalking or cyberstalking.—
 1421         (4)(a) A person who willfully violates an injunction for
 1422  protection against stalking or cyberstalking issued pursuant to
 1423  s. 784.0485, or a foreign protection order accorded full faith
 1424  and credit pursuant to s. 741.315, by:
 1425         1. Going to, or being within 500 feet of, the petitioner’s
 1426  residence, school, place of employment, or a specified place
 1427  frequented regularly by the petitioner and any named family
 1428  members or individuals closely associated with the petitioner;
 1429         2. Committing an act of stalking against the petitioner;
 1430         3. Committing any other violation of the injunction through
 1431  an intentional unlawful threat, word, or act to do violence to
 1432  the petitioner;
 1433         4. Telephoning, contacting, or otherwise communicating with
 1434  the petitioner, directly or indirectly, unless the injunction
 1435  specifically allows indirect contact through a third party;
 1436         5. Knowingly and intentionally coming within 100 feet of
 1437  the petitioner’s motor vehicle, whether or not that vehicle is
 1438  occupied;
 1439         6. Defacing or destroying the petitioner’s personal
 1440  property, including the petitioner’s motor vehicle; or
 1441         7. Refusing to surrender firearms or ammunition if ordered
 1442  to do so by the court,
 1443  
 1444  commits a misdemeanor of the first degree, punishable as
 1445  provided in s. 775.082 or s. 775.083, except as provided in
 1446  paragraph (b).
 1447         Section 29. This act shall take effect July 1, 2024.