Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 130
       
       
       
       
       
       
                                Ì559728UÎ559728                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2023           .                                
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       The Committee on Rules (Berman) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 156 - 161
    4  and insert:
    5         Section 3. Paragraph (b) of subsection (3) and paragraph
    6  (b) of subsection (6) of section 741.30, Florida Statutes, are
    7  amended to read:
    8         741.30 Domestic violence; injunction; powers and duties of
    9  court and clerk; petition; notice and hearing; temporary
   10  injunction; issuance of injunction; statewide verification
   11  system; enforcement; public records exemption.—
   12         (3)
   13         (b) The sworn petition shall be in substantially the
   14  following form:
   15  
   16                            PETITION FOR                           
   17                      INJUNCTION FOR PROTECTION                    
   18                      AGAINST DOMESTIC VIOLENCE                    
   19  
   20  Before me, the undersigned authority, personally appeared
   21  Petitioner ...(Name)..., who has been sworn and says that the
   22  following statements are true:
   23         (a) Petitioner resides at: ...(address)...
   24         (Petitioner may furnish address to the court in a separate
   25  confidential filing if, for safety reasons, the petitioner
   26  requires the location of the current residence to be
   27  confidential.)
   28         (b) Respondent resides at: ...(last known address)...
   29         (c) Respondent’s last known place of employment: ...(name
   30  of business and address)...
   31         (d) Physical description of respondent:..................
   32         Race........
   33         Sex........
   34         Date of birth........
   35         Height........
   36         Weight........
   37         Eye color........
   38         Hair color........
   39         Distinguishing marks or scars........
   40         (e) Aliases of respondent:...............................
   41         (f) Respondent is the spouse or former spouse of the
   42  petitioner or is any other person related by blood or marriage
   43  to the petitioner or is any other person who is or was residing
   44  within a single dwelling unit with the petitioner, as if a
   45  family, or is a person with whom the petitioner has a child in
   46  common, regardless of whether the petitioner and respondent are
   47  or were married or residing together, as if a family.
   48         (g) The following describes any other cause of action
   49  currently pending between the petitioner and respondent:........
   50  ................................................................
   51         The petitioner should also describe any previous or pending
   52  attempts by the petitioner to obtain an injunction for
   53  protection against domestic violence in this or any other
   54  circuit, and the results of that attempt:.......................
   55  ................................................................
   56  Case numbers should be included if available.
   57         (h) Petitioner is either a victim of domestic violence or
   58  has reasonable cause to believe he or she is in imminent danger
   59  of becoming a victim of domestic violence because respondent
   60  has: ...(mark all sections that apply and describe in the spaces
   61  below the incidents of violence or threats of violence,
   62  specifying when and where they occurred, including, but not
   63  limited to, locations such as a home, school, place of
   64  employment, or visitation exchange)...
   65         .........................................................
   66         .........................................................
   67         ....committed or threatened to commit domestic violence
   68  defined in s. 741.28, Florida Statutes, as any assault,
   69  aggravated assault, battery, aggravated battery, sexual assault,
   70  sexual battery, stalking, aggravated stalking, kidnapping, false
   71  imprisonment, or any criminal offense resulting in physical
   72  injury or death of one family or household member by another.
   73  With the exception of persons who are parents of a child in
   74  common, the family or household members must be currently
   75  residing or have in the past resided together in the same single
   76  dwelling unit.
   77         ....previously threatened, harassed, stalked, or physically
   78  abused the petitioner.
   79         ....attempted to harm the petitioner or family members or
   80  individuals closely associated with the petitioner.
   81         ....threatened to conceal, kidnap, or harm the petitioner’s
   82  child or children.
   83         ....intentionally injured or killed a family pet.
   84         ....used, or has threatened to use, against the petitioner
   85  any weapons such as guns or knives.
   86         ....physically restrained the petitioner from leaving the
   87  home or calling law enforcement.
   88         ....a criminal history involving violence or the threat of
   89  violence (if known).
   90         ....another order of protection issued against him or her
   91  previously or from another jurisdiction (if known).
   92         ....destroyed personal property, including, but not limited
   93  to, telephones or other communication equipment, clothing, or
   94  other items belonging to the petitioner.
   95         ....engaged in a pattern of abusive, threatening,
   96  intimidating, or controlling behavior composed of a series of
   97  acts over a period of time, however short.
   98         ....engaged in any other behavior or conduct that leads the
   99  petitioner to have reasonable cause to believe he or she is in
  100  imminent danger of becoming a victim of domestic violence.
  101         (i) Petitioner alleges the following additional specific
  102  facts: ...(mark appropriate sections)...
  103         ....A minor child or minor children reside with the
  104  petitioner whose names and ages are as follows:	
  105  	
  106         ....Petitioner needs the exclusive use and possession of
  107  the dwelling that the parties share.
  108         ....Petitioner is unable to obtain safe alternative housing
  109  because:	
  110  	
  111         ....Petitioner genuinely fears that respondent imminently
  112  will abuse, remove, or hide the minor child or children from
  113  petitioner because:	
  114  	
  115         (j) Petitioner genuinely fears imminent domestic violence
  116  by respondent.
  117         (k) Petitioner seeks an injunction: ...(mark appropriate
  118  section or sections)...
  119         ....Immediately restraining the respondent from committing
  120  any acts of domestic violence.
  121         ....Restraining the respondent from committing any acts of
  122  domestic violence.
  123         ....Awarding to the petitioner the temporary exclusive use
  124  and possession of the dwelling that the parties share or
  125  excluding the respondent from the residence of the petitioner.
  126         ....Providing a temporary parenting plan, including a
  127  temporary time-sharing schedule, with regard to the minor child
  128  or children of the parties which might involve prohibiting or
  129  limiting time-sharing or requiring that it be supervised by a
  130  third party.
  131         ....Establishing temporary support for the minor child or
  132  children or the petitioner.
  133         ....Directing the respondent to participate in a batterers’
  134  intervention program.
  135         ....Providing any terms the court deems necessary for the
  136  protection of a victim of domestic violence, or any minor
  137  children of the victim, including any injunctions or directives
  138  to law enforcement agencies.
  139  
  140  ================= T I T L E  A M E N D M E N T ================
  141  And the title is amended as follows:
  142         Delete line 13
  143  and insert:
  144         violence injunction is in imminent danger; conforming
  145         a provision to changes made by the act; providing