Senate Bill 1308c2

    Florida Senate - 1998                    CS for CS for SB 1308

    By the Committees on Criminal Justice, Children, Families and
    Seniors and Senator Hargrett




    307-1964A-98

  1                      A bill to be entitled

  2         An act relating to domestic violence; amending

  3         s. 741.30, F.S.; providing that a child may not

  4         obtain an injunction for protection against

  5         domestic violence based on acts committed by a

  6         family member unless such acts constitute harm

  7         or child abuse or neglect; providing an

  8         effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraph (j) is added to subsection (1) of

13  section 741.30, Florida Statutes, to read:

14         741.30  Domestic violence; injunction; powers and

15  duties of court and clerk; petition; notice and hearing;

16  temporary injunction; issuance of injunction; statewide

17  verification system; enforcement.--

18         (1)  There is created a cause of action for an

19  injunction for protection against domestic violence.

20         (j)  A child on his or her own or through a parent or

21  legal guardian may not obtain an injunction for protection

22  against domestic violence based on acts committed by a family

23  or household member against that child unless those acts are

24  found by the court to constitute "harm" or "child abuse or

25  neglect" as defined in s. 415.503. This paragraph does not

26  apply to cases where the injunction for protection is granted

27  to protect an adult petitioner who has included a child or

28  children in that adult's petition for injunction for

29  protection against domestic violence.

30         Section 2.  This act shall take effect July 1, 1998.

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






    Florida Senate - 1998                    CS for CS for SB 1308
    307-1964A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS for SB 1308

  3

  4  1.   Deletes the provision amending the definition of domestic
         violence to expressly exclude administering action or
  5       corporal discipline to a child, unless it is excessively
         harsh or inappropriate and causes harm to a child.
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    2.   Provides that a child, on his or her own or through a
  7       parent, may not obtain an injunction for protection
         against domestic violence based on acts committed by a
  8       family or household member against a child unless the
         acts are found by the court to constitute "harm" or
  9       "child abuse or neglect" as defined in s. 415.503, F.S.

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