SENATE AMENDMENT

    Bill No. CS for SB 494

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Hargrett moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 8, between lines 26 and 27,

15

16   insert:

17         Section 6.  Paragraph (j) is added to subsection (1) of

18  section 741.30, Florida Statutes, to read:

19         741.30  Domestic violence; injunction; powers and

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

21  temporary injunction; issuance of injunction; statewide

22  verification system; enforcement.--

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

24  injunction for protection against domestic violence.

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

26  legal guardian may not obtain an injunction for protection

27  against domestic violence based on acts committed by a family

28  or household member against that child unless those acts are

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

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

31  apply to cases where the injunction for protection is granted

                                  1
    2:24 PM   04/28/98                              s0494c1c-21e01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 494

    Amendment No.    





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

 2  children in that adult's petition for injunction for

 3  protection against domestic violence.

 4

 5  (Redesignate subsequent sections.)

 6

 7

 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         On page 2, line 6, after the semicolon

11

12  insert:

13         amending s. 741.30, F.S.; providing that a

14         child may not obtain an injunction for

15         protection against domestic violence based on

16         acts committed by a family member unless such

17         acts constitute harm or child abuse or neglect;

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2
    2:24 PM   04/28/98                              s0494c1c-21e01