HB 829

1
A bill to be entitled
2An act relating to injunctions for protection against
3domestic violence, repeat violence, sexual violence, or
4dating violence; amending ss. 741.30 and 784.046, F.S.;
5requiring the sheriff, after the sheriff or other law
6enforcement officer has served such an injunction upon a
7respondent, to notify the petitioner within a specified
8period that the respondent has been served if the
9petitioner has requested notification and has registered a
10telephone number or e-mail address with the sheriff;
11providing for the content of the notice; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (c) of subsection (8) of section
17741.30, Florida Statutes, is amended to read:
18     741.30  Domestic violence; injunction; powers and duties of
19court and clerk; petition; notice and hearing; temporary
20injunction; issuance of injunction; statewide verification
21system; enforcement.--
22     (8)
23     (c)1.  Within 24 hours after the court issues an injunction
24for protection against domestic violence or changes, continues,
25extends, or vacates an injunction for protection against
26domestic violence, the clerk of the court must forward a
27certified copy of the injunction for service to the sheriff with
28jurisdiction over the residence of the petitioner. The
29injunction must be served in accordance with this subsection.
30     2.  Within 24 hours after service of process of an
31injunction for protection against domestic violence upon a
32respondent, the law enforcement officer must forward the written
33proof of service of process to the sheriff with jurisdiction
34over the residence of the petitioner.
35     3.  Within 24 hours after the sheriff receives a certified
36copy of the injunction for protection against domestic violence,
37the sheriff must make information relating to the injunction
38available to other law enforcement agencies by electronically
39transmitting such information to the department.
40     4.  Within 24 hours after the sheriff or other law
41enforcement officer has made service upon the respondent and the
42sheriff has been so notified, the sheriff must make information
43relating to the service available to other law enforcement
44agencies by electronically transmitting such information to the
45department.
46     5.  If the petitioner has requested notification and has
47registered a telephone number or e-mail address with the
48sheriff, within 12 hours after the sheriff or other law
49enforcement officer has made service upon the respondent and the
50sheriff has been so notified, the sheriff shall notify the
51petitioner that the respondent has been served with the
52injunction for protection against domestic violence. The
53notification must include the date, time, and location where the
54injunction for protection against domestic violence was served.
55     6.5.  Within 24 hours after an injunction for protection
56against domestic violence is vacated, terminated, or otherwise
57rendered no longer effective by ruling of the court, the clerk
58of the court must notify the sheriff receiving original
59notification of the injunction as provided in subparagraph 2.
60That agency shall, within 24 hours after receiving such
61notification from the clerk of the court, notify the department
62of such action of the court.
63     Section 2.  Paragraph (c) of subsection (8) of section
64784.046, Florida Statutes, is amended to read:
65     784.046  Action by victim of repeat violence, sexual
66violence, or dating violence for protective injunction; dating
67violence investigations, notice to victims, and reporting;
68pretrial release violations.--
69     (8)
70     (c)1.  Within 24 hours after the court issues an injunction
71for protection against repeat violence, sexual violence, or
72dating violence or changes or vacates an injunction for
73protection against repeat violence, sexual violence, or dating
74violence, the clerk of the court must forward a copy of the
75injunction to the sheriff with jurisdiction over the residence
76of the petitioner.
77     2.  Within 24 hours after service of process of an
78injunction for protection against repeat violence, sexual
79violence, or dating violence upon a respondent, the law
80enforcement officer must forward the written proof of service of
81process to the sheriff with jurisdiction over the residence of
82the petitioner.
83     3.  Within 24 hours after the sheriff receives a certified
84copy of the injunction for protection against repeat violence,
85sexual violence, or dating violence, the sheriff must make
86information relating to the injunction available to other law
87enforcement agencies by electronically transmitting such
88information to the department.
89     4.  Within 24 hours after the sheriff or other law
90enforcement officer has made service upon the respondent and the
91sheriff has been so notified, the sheriff must make information
92relating to the service available to other law enforcement
93agencies by electronically transmitting such information to the
94department.
95     5.  If the petitioner has requested notification and has
96registered a telephone number or e-mail address with the
97sheriff, within 12 hours after the sheriff or other law
98enforcement officer has made service upon the respondent and the
99sheriff has been so notified, the sheriff shall notify the
100petitioner that the respondent has been served with the
101injunction for protection against repeat violence, sexual
102violence, or dating violence. The notification must include the
103date, time, and location where the injunction for protection
104against repeat violence, sexual violence, or dating violence was
105served.
106     6.5.  Within 24 hours after an injunction for protection
107against repeat violence, sexual violence, or dating violence is
108lifted, terminated, or otherwise rendered no longer effective by
109ruling of the court, the clerk of the court must notify the
110sheriff or local law enforcement agency receiving original
111notification of the injunction as provided in subparagraph 2.
112That agency shall, within 24 hours after receiving such
113notification from the clerk of the court, notify the department
114of such action of the court.
115     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.