Florida Senate - 2016 SB 988 By Senator Ring 29-01095-16 2016988__ 1 A bill to be entitled 2 An act relating to injunctions for protection against 3 domestic violence; establishing a Protective 4 Injunction Electronic Filing Pilot Program within the 5 Office of the State Courts Administrator; providing 6 for selection of the pilot program counties; 7 specifying objectives of the pilot program; providing 8 for petitioners to file petitions for injunction 9 electronically and testify at final injunction 10 hearings by video teleconference from remote locations 11 in pilot program counties; providing duties of the 12 clerks of the courts in pilot program counties, 13 including submission of an annual report to the 14 Legislature; requiring a report by the Office of 15 Program Policy Analysis and Government Accountability 16 by a certain date; providing for expiration of the 17 pilot program; providing an effective date. 18 19 WHEREAS, one of the most dangerous times for a victim of 20 domestic violence is when the victim seeks to separate from the 21 perpetrator, such as when filing a petition for an injunction 22 for protection against domestic violence, and 23 WHEREAS, victims of domestic violence often must flee to a 24 shelter or another safe and confidential location to escape the 25 violence, and 26 WHEREAS, it may be unsafe for victims of domestic violence 27 to leave a safe and confidential location in order to travel to 28 the courthouse to file a petition for an injunction, and many 29 victims do not have transportation or funds for transportation 30 to the courthouse, and 31 WHEREAS, the use of communications technology can protect 32 victims of domestic violence by allowing them to file a petition 33 for an injunction from remote, safe locations, and 34 WHEREAS, the majority of petitioners for injunctions for 35 protection against domestic violence do not have an attorney to 36 represent them at a final injunction hearing, and 37 WHEREAS, attendance at a final injunction hearing is 38 dangerous for a victim of domestic violence because the 39 perpetrator has prior notice of when and where the victim will 40 be, allowing the perpetrator to attack or threaten the victim 41 outside of the courthouse, and 42 WHEREAS, perpetrators often intimidate and threaten pro se 43 petitioners in courthouse waiting rooms or during or after 44 injunction hearings, and 45 WHEREAS, allowing petitioners to testify at the final 46 injunction hearing from a remote location can protect victims 47 from further violence, threats, and intimidation, NOW, 48 THEREFORE, 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Protective Injunction Electronic Filing Pilot 53 Program.— 54 (1) Effective December 31, 2016, a Protective Injunction 55 Electronic Filing Pilot Program is established within the Office 56 of the State Courts Administrator. The pilot program shall 57 operate in three counties selected by the State Courts 58 Administrator, in consultation with the Florida Coalition 59 Against Domestic Violence, one county having a population of 60 less than 100,000, one county having a population of at least 61 100,000 but less than 500,000, and one county having a 62 population of 500,000 or more. 63 (2) The objectives of the pilot program are to develop and 64 implement a system that permits a petitioner to: 65 (a) Electronically file a petition for injunction for 66 protection against domestic violence from a remote location. As 67 used in this section, the term “remote location” includes 68 certified domestic violence centers, undisclosed locations 69 selected by such centers, legal aid or legal services 70 organizations, hospitals, police departments, sheriffs’ offices, 71 and locations within a courthouse which are unknown to the 72 public. 73 (b) Testify from a remote location by video teleconference 74 or other similar method at a final injunction hearing. 75 (3) The clerk of the court in each pilot program county, in 76 consultation with the Office of the State Courts Administrator, 77 the Florida Coalition Against Domestic Violence, certified 78 domestic violence centers, judges, and court staff, shall: 79 (a) Establish an electronic protective order system to 80 provide electronic access to forms and a process to file a 81 petition for injunction for protection against domestic violence 82 from a remote location. 83 (b) Select computer software to assist victims in 84 electronically completing and filing such petitions. The 85 selected software must be user-friendly, require the petitioner 86 to provide all of the information required by s. 741.30, Florida 87 Statutes, when filing such a petition, and ensure that the 88 petitioner’s data is encrypted and secure. 89 (c) Provide appropriate training on the use of the software 90 to the staff of any agency where the software is available for 91 use by petitioners. 92 (d) Establish at least one remote location outside of the 93 courthouse for the filing of such petitions. If the remote 94 location is not in a certified domestic violence center, the 95 clerk of the court must inform the petitioner of the safety 96 planning, shelter, and other services available from a certified 97 domestic violence center. 98 (e) Establish secure and encrypted video teleconferencing 99 capabilities for petitioners to appear before the court from a 100 remote location for final injunction hearings. 101 (f) Provide appropriate software and hardware to complete 102 the protective injunctions, provide video equipment for the 103 remote locations, arrange for installation of sufficient 104 bandwidth and secure encryption, and provide adequate 105 information technology support for initial implementation, 106 training, and ongoing program management. The Office of the 107 State Courts Administrator shall provide the clerk of the court 108 in each pilot program county with access to the office’s 109 existing secure video conferencing equipment as needed. 110 (4) The clerk of the court in each pilot program county 111 shall submit a report by each December 31 to the President of 112 the Senate and the Speaker of the House of Representatives. The 113 report for each county must include: 114 (a) The number of petitions for injunctions for protection 115 against domestic violence filed electronically and the number of 116 such petitions filed on paper. 117 (b) The number of final injunction hearings in which the 118 petitioner testified remotely and the number of final injunction 119 hearings in which the petitioner testified in person at the 120 courthouse. 121 (c) The cost of implementing the pilot program. 122 (d) Any savings achieved by the pilot program. 123 (5) The Office of Program Policy Analysis and Government 124 Accountability shall evaluate the pilot program and submit a 125 report of its findings and recommendations to the President of 126 the Senate and the Speaker of the House of Representatives by 127 December 31, 2019. 128 (6) This section expires June 30, 2020. 129 Section 2. This act shall take effect July 1, 2016.