CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 160
Amendment No.
CHAMBER ACTION
Senate House
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11 Senators Meek and Hargrett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, between lines 29 and 30,
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16 insert:
17 Section 2. Subsection (4) of section 741.31, Florida
18 Statutes, 1998 Supplement, is amended to read:
19 741.31 Violation of an injunction for protection
20 against domestic violence.--
21 (4)(a) A person who willfully violates an injunction
22 for protection against domestic violence issued pursuant to s.
23 741.30, or a foreign protection order accorded full faith and
24 credit pursuant to s. 741.315, by:
25 1. Refusing to vacate the dwelling that the parties
26 share;
27 2. Going to the petitioner's residence, school, place
28 of employment, or a specified place frequented regularly by
29 the petitioner and any named family or household member;
30 3. Committing an act of domestic violence against the
31 petitioner;
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1 4. Committing any other violation of the injunction
2 through an intentional unlawful threat, word, or act to do
3 violence to the petitioner; or
4 5. Telephoning, contacting, or otherwise communicating
5 with the petitioner directly or indirectly, unless the
6 injunction specifically allows indirect contact through a
7 third party
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9 commits a misdemeanor of the first degree, punishable as
10 provided in s. 775.082 or s. 775.083.
11 (b)1. It is a violation of s. 790.233, and a
12 misdemeanor of the first degree, punishable as provided in s.
13 775.082 or s. 775.083, for a person to violate a final
14 injunction for protection against domestic violence by having
15 in his or her care, custody, possession, or control any
16 firearm or ammunition.
17 2. It is the intent of the Legislature that the
18 disabilities regarding possession of firearms and ammunition
19 are consistent with federal law. Accordingly, this paragraph
20 shall not apply to a state or local officer as defined in s.
21 943.10(14), holding an active certification, who receives or
22 possesses a firearm or ammunition for use in performing
23 official duties on behalf of the officer's employing agency,
24 unless otherwise prohibited by the employing agency.
25 (c) It is a misdemeanor of the first degree for any
26 person subject to a final injunction for protection against
27 domestic violence to refuse to surrender any firearm or
28 ammunition in his or her care, custody, possession, or
29 control, or to interfere with or obstruct a law enforcement
30 officer enforcing the provisions of paragraph (b).
31 Section 3. Section 787.04, Florida Statutes, is
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1 amended to read:
2 787.04 Removing minors from state or concealing minors
3 contrary to state agency order or court order.--
4 (1) It is unlawful for any person, in violation of a
5 court order, to lead, take, entice, or remove a minor beyond
6 the limits of this state, or to conceal the location of a
7 minor, with personal knowledge of the order.
8 (2) It is unlawful for any person, with criminal
9 intent, to lead, take, entice, or remove a minor beyond the
10 limits of this state, or to conceal the location of a minor,
11 during the pendency of any action or proceeding affecting
12 custody of the minor, after having received notice as required
13 by law of the pendency of the action or proceeding, without
14 the permission of the court in which the action or proceeding
15 is pending.
16 (3) It is unlawful for any person, with criminal
17 intent, to lead, take, entice, or remove a minor beyond the
18 limits of this state, or to conceal the location of a minor,
19 during the pendency of a dependency proceeding affecting such
20 minor or during the pendency of any investigation, action, or
21 proceeding concerning the alleged abuse or neglect of such
22 minor, after having received notice of the pendency of such
23 investigation, action, or proceeding and without the
24 permission of the state agency or court in which the
25 investigation, action, or proceeding is pending.
26 (4) It is unlawful for any noncustodial parent or
27 respondent subject to an injunction for protection against
28 domestic violence with personal knowledge of the injunction to
29 lead, take, entice, or remove a minor from the custodial
30 parent or any child care provider or other person entrusted by
31 the custodial parent with the care of the minor, or to conceal
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1 the location of the minor in violation of the injunction.
2 (5)(4) It is unlawful for any person, who has carried
3 beyond the limits of this state any minor whose custody is
4 involved in any action or proceeding pending in this state
5 pursuant to the order of the court in which the action or
6 proceeding is pending or pursuant to the permission of the
7 court, thereafter, to fail to produce the minor in the court
8 or deliver the minor to the person designated by the court.
9 (6)(5) It is a defense under this section that a
10 person who leads, takes, entices, or removes a minor beyond
11 the limits of the state reasonably believes that his or her
12 action was necessary to protect the minor from child abuse as
13 defined in s. 827.03.
14 (7)(6) Any person who violates this section is guilty
15 of a felony of the third degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17 Section 4. For the purpose of incorporating the
18 amendment to section 741.31, Florida Statutes, 1998
19 Supplement, in references thereto, subsection (6) of section
20 901.15, Florida Statutes, 1998 Supplement, is reenacted to
21 read:
22 901.15 When arrest by officer without warrant is
23 lawful.--A law enforcement officer may arrest a person without
24 a warrant when:
25 (6) There is probable cause to believe that the person
26 has committed a criminal act according to s. 790.233 or
27 according to s. 741.31 or s. 784.047 which violates an
28 injunction for protection entered pursuant to s. 741.30 or s.
29 784.046, or a foreign protection order accorded full faith and
30 credit pursuant to s. 741.315, over the objection of the
31 petitioner, if necessary.
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2 (Redesignate subsequent sections.)
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6 And the title is amended as follows:
7 On page 1, line 7, after the semicolon,
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9 insert:
10 amending s. 741.31, F.S.; providing that it is
11 unlawful for a person subject to an injunction
12 for protection against domestic violence to
13 refuse to surrender any firearm or ammunition
14 in his or her custody, or to interfere with or
15 obstruct a law enforcement officer enforcing
16 the injunction; providing a penalty; amending
17 s. 787.04, F.S.; providing that it is unlawful
18 for any noncustodial parent or respondent
19 subject to an injunction for protection against
20 domestic violence to lead, take, entice, or
21 remove a minor from the custodial parent or any
22 child care provider or other person entrusted
23 by the custodial parent with the care of the
24 minor or to conceal the location of the minor,
25 in violation of the injunction; providing a
26 penalty; reenacting s. 901.15(6), F.S.,
27 relating to when an arrest is made by a law
28 enforcement officer without a warrant, to
29 incorporate the amendment in a reference;
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