House Bill 0217
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Florida House of Representatives - 1999 HB 217
By Representative Ritchie
1 A bill to be entitled
2 An act relating to protective injunctions;
3 amending s. 784.046, F.S.; providing that, with
4 respect to causes of action for an injunction
5 for protection in cases of repeat violence, the
6 parent or guardian of a minor child living at
7 home has standing in the circuit court;
8 providing that the parent or guardian need not
9 include the specific facts and circumstances
10 which form the basis upon which relief is
11 sought in order to be issued an injunction on
12 behalf of the minor child; reenacting s.
13 741.315(2), F.S., relating to recognition of
14 foreign protection orders, s. 784.047, F.S.,
15 relating to penalties for violating protective
16 injunction against repeat violators, s.
17 784.048(4), F.S., relating to stalking, s.
18 790.065(2)(c), F.S., relating to sale and
19 delivery of firearms, and s. 901.15(6) and (8),
20 F.S., relating to arrest by an officer without
21 a warrant, to incorporate said amendments in
22 references; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (a) of subsection (2) and
27 paragraph (a) of subsection (4) of section 784.046, Florida
28 Statutes, are amended to read:
29 784.046 Action by victim of repeat violence for
30 protective injunction; powers and duties of court and clerk of
31 court; filing and form of petition; notice and hearing;
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1 temporary injunction; issuance; statewide verification system;
2 enforcement.--
3 (1) As used in this section, the term:
4 (a) "Violence" means any assault, battery, sexual
5 battery, or stalking by a person against any other person.
6 (b) "Repeat violence" means two incidents of violence
7 or stalking committed by the respondent, one of which must
8 have been within 6 months of the filing of the petition, which
9 are directed against the petitioner or the petitioner's
10 immediate family member.
11 (2) There is created a cause of action for an
12 injunction for protection in cases of repeat violence.
13 (a) Any person who is the victim of repeat violence or
14 the parent or legal guardian of any minor child who is living
15 at home and who seeks an injunction for protection against
16 repeat violence on behalf of the minor child has standing in
17 the circuit court to file a sworn petition for an injunction
18 for protection against repeat violence.
19 (b) This cause of action for an injunction may be
20 sought whether or not any other petition, complaint, or cause
21 of action is currently available or pending between the
22 parties.
23 (c) This cause of action for an injunction shall not
24 require that the petitioner be represented by an attorney.
25 (4)(a) The sworn petition shall allege the incidents
26 of repeat violence and shall include the specific facts and
27 circumstances which form the basis upon which relief is
28 sought; provided that, with respect to a minor child who is
29 living at home, the parent or legal guardian of the minor
30 child need not include the specific facts and circumstances
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Florida House of Representatives - 1999 HB 217
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1 which form the basis upon which relief is sought in order to
2 be issued an injunction on behalf of the minor child.
3 Section 2. For the purpose of incorporating the
4 amendment to section 784.046, Florida Statutes, in references
5 thereto, the following sections or subdivisions of Florida
6 Statutes, or Florida Statutes, 1998 Supplement, are reenacted
7 to read:
8 741.315 Recognition of foreign protection orders.--
9 (2) Pursuant to 18 U.S.C. s. 2265, an injunction for
10 protection against domestic violence issued by a court of a
11 foreign state must be accorded full faith and credit by the
12 courts of this state and enforced by a law enforcement agency
13 as if it were the order of a Florida court issued under s.
14 741.30, s. 741.31, s. 784.046, or s. 784.047 and provided that
15 the court had jurisdiction over the parties and the matter and
16 that reasonable notice and opportunity to be heard was given
17 to the person against whom the order is sought sufficient to
18 protect that person's right to due process. Ex parte foreign
19 injunctions for protection are not eligible for enforcement
20 under this section unless notice and opportunity to be heard
21 have been provided within the time required by the foreign
22 state or tribal law, and in any event within a reasonable time
23 after the order is issued, sufficient to protect the
24 respondent's due process rights.
25 784.047 Penalties for violating protective injunction
26 against repeat violators.--A person who willfully violates an
27 injunction for protection against repeat violence, issued
28 pursuant to s. 784.046, or a foreign protection order accorded
29 full faith and credit pursuant to s. 741.315 by:
30 (1) Refusing to vacate the dwelling that the parties
31 share;
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1 (2) Going to the petitioner's residence, school, place
2 of employment, or a specified place frequented regularly by
3 the petitioner and any named family or household member;
4 (3) Committing an act of repeat violence against the
5 petitioner;
6 (4) Committing any other violation of the injunction
7 through an intentional unlawful threat, word, or act to do
8 violence to the petitioner; or
9 (5) Telephoning, contacting, or otherwise
10 communicating with the petitioner directly or indirectly,
11 unless the injunction specifically allows indirect contact
12 through a third party;
13
14 commits a misdemeanor of the first degree, punishable as
15 provided in s. 775.082 or s. 775.083.
16 784.048 Stalking; definitions; penalties.--
17 (4) Any person who, after an injunction for protection
18 against repeat violence pursuant to s. 784.046, or an
19 injunction for protection against domestic violence pursuant
20 to s. 741.30, or after any other court-imposed prohibition of
21 conduct toward the subject person or that person's property,
22 knowingly, willfully, maliciously, and repeatedly follows or
23 harasses another person commits the offense of aggravated
24 stalking, a felony of the third degree, punishable as provided
25 in s. 775.082, s. 775.083, or s. 775.084.
26 790.065 Sale and delivery of firearms.--
27 (2) Upon receipt of a request for a criminal history
28 record check, the Department of Law Enforcement shall, during
29 the licensee's call or by return call, forthwith:
30 (c)1. Review any records available to it to determine
31 whether the potential buyer or transferee has been indicted or
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1 has had an information filed against her or him for an offense
2 that is a felony under either state or federal law, or, as
3 mandated by federal law, has had an injunction for protection
4 against domestic violence entered against the potential buyer
5 or transferee under s. 741.30, has had an injunction for
6 protection against repeat violence entered against the
7 potential buyer or transferee under s. 784.046, or has been
8 arrested for a dangerous crime as specified in s.
9 907.041(4)(a) or for any of the following enumerated offenses:
10 a. Criminal anarchy under ss. 876.01 and 876.02.
11 b. Extortion under s. 836.05.
12 c. Explosives violations under s. 552.22(1) and (2).
13 d. Controlled substances violations under chapter 893.
14 e. Resisting an officer with violence under s. 843.01.
15 f. Weapons and firearms violations under this chapter.
16 g. Treason under s. 876.32.
17 h. Assisting self-murder under s. 782.08.
18 i. Sabotage under s. 876.38.
19 j. Stalking or aggravated stalking under s. 784.048.
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21 If the review indicates any such indictment, information, or
22 arrest, the department shall provide to the licensee a
23 conditional nonapproval number.
24 2. Within 24 working hours, the department shall
25 determine the disposition of the indictment, information, or
26 arrest and inform the licensee as to whether the potential
27 buyer is prohibited from receiving or possessing a firearm.
28 For purposes of this paragraph, "working hours" means the
29 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
30 legal holidays.
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1 3. The office of the clerk of court, at no charge to
2 the department, shall respond to any department request for
3 data on the disposition of the indictment, information, or
4 arrest as soon as possible, but in no event later than 8
5 working hours.
6 4. The department shall determine as quickly as
7 possible within the allotted time period whether the potential
8 buyer is prohibited from receiving or possessing a firearm.
9 5. If the potential buyer is not so prohibited, or if
10 the department cannot determine the disposition information
11 within the allotted time period, the department shall provide
12 the licensee with a conditional approval number.
13 6. If the buyer is so prohibited, the conditional
14 nonapproval number shall become a nonapproval number.
15 7. The department shall continue its attempts to
16 obtain the disposition information and may retain a record of
17 all approval numbers granted without sufficient disposition
18 information. If the department later obtains disposition
19 information which indicates:
20 a. That the potential buyer is not prohibited from
21 owning a firearm, it shall treat the record of the transaction
22 in accordance with this section; or
23 b. That the potential buyer is prohibited from owning
24 a firearm, it shall immediately revoke the conditional
25 approval number and notify local law enforcement.
26 8. During the time that disposition of the indictment,
27 information, or arrest is pending and until the department is
28 notified by the potential buyer that there has been a final
29 disposition of the indictment, information, or arrest, the
30 conditional nonapproval number shall remain in effect.
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1 901.15 When arrest by officer without warrant is
2 lawful.--A law enforcement officer may arrest a person without
3 a warrant when:
4 (6) There is probable cause to believe that the person
5 has committed a criminal act according to s. 790.233 or
6 according to s. 741.31 or s. 784.047 which violates an
7 injunction for protection entered pursuant to s. 741.30 or s.
8 784.046, or a foreign protection order accorded full faith and
9 credit pursuant to s. 741.315, over the objection of the
10 petitioner, if necessary.
11 (8) The officer has probable cause to believe that the
12 person has knowingly committed an act of repeat violence in
13 violation of an injunction for protection from repeat violence
14 entered pursuant to s. 784.046 or a foreign protection order
15 accorded full faith and credit pursuant to s. 741.315.
16 Section 3. This act shall take effect July 1, 1999.
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19 HOUSE SUMMARY
20
Provides that the parent or guardian of a minor child
21 living at home has standing to seek an injunction for
protection against repeat violence on behalf of the minor
22 child in circuit court and need not include the specific
facts and circumstances which form the basis upon which
23 relief is sought in order to be issued an injunction on
behalf of the minor child.
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