SENATE AMENDMENT

    Bill No. CS for CS for SB 1666

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Mitchell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 120, between lines 21 and 22,

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16  insert:

17         Section 54.  Paragraph (a) of subsection (2), paragraph

18  (a) of subsection (4), and paragraph (b) of subsection (9) of

19  section 784.046, Florida Statutes, are amended to read:

20         784.046  Action by victim of repeat violence for

21  protective injunction; powers and duties of court and clerk of

22  court; filing and form of petition; notice and hearing;

23  temporary injunction; issuance; statewide verification system;

24  enforcement.--

25         (2)  There is created a cause of action for an

26  injunction for protection in cases of repeat violence.

27         (a)  Any person who is the victim of repeat violence or

28  the parent or legal guardian of any minor child who is living

29  at home and who seeks an injunction for protection against

30  repeat violence on behalf of the minor child has standing in

31  the circuit court to file a sworn petition for an injunction

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1666

    Amendment No.    





 1  for protection against repeat violence.

 2         (4)(a)  The sworn petition shall allege the incidents

 3  of repeat violence and shall include the specific facts and

 4  circumstances which form the basis upon which relief is

 5  sought. With respect to a minor child who is living at home,

 6  the parent or legal guardian of the minor child must have been

 7  an eye-witness to, or have direct physical evidence or

 8  affidavits from eye-witnesses of, the specific facts and

 9  circumstances which form the basis upon which relief is

10  sought.

11         (9)

12         (b)  If the respondent is arrested by a law enforcement

13  officer under s. 901.15(10)(8) for committing an act of repeat

14  violence in violation of a repeat violence injunction for

15  protection, the respondent shall be held in custody until

16  brought before the court as expeditiously as possible for the

17  purpose of enforcing the injunction and for admittance to bail

18  in accordance with chapter 903 and the applicable rules of

19  criminal procedure, pending a hearing.

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21  (Redesignate subsequent sections.)

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

25  And the title is amended as follows:

26         On page 4, line 28, after the second semicolon,

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28  insert:

29         amending s. 784.046, F.S.; revising provisions

30         relating to petition for injunction for

31         protection against repeat violence;

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