Senate Bill 0370

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



    Florida Senate - 1999                                   SB 370

    By Senator Meek





    36-496-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to domestic violence; amending

  3         s. 741.31, F.S.; providing that it is unlawful

  4         for a person subject to an injunction for

  5         protection against domestic violence to refuse

  6         to surrender any firearm or ammunition in his

  7         or her custody, or to interfere with or

  8         obstruct a law enforcement officer enforcing

  9         the injunction; providing a penalty; amending

10         s. 787.04, F.S.; providing that it is unlawful

11         for any noncustodial parent or respondent

12         subject to an injunction for protection against

13         domestic violence or repeat violence to lead,

14         take, entice, or remove a minor from the

15         custodial parent or any child care provider or

16         other person entrusted by the custodial parent

17         with the care of the minor or to conceal the

18         location of the minor, in violation of the

19         injunction; providing a penalty; reenacting s.

20         901.15(6), F.S., relating to when an arrest is

21         made by a law enforcement officer without a

22         warrant to incorporate said amendment in a

23         reference; providing an effective date.

24

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

26

27         Section 1.  Subsection (4) of section 741.31, Florida

28  Statutes, 1998 Supplement, is amended to read:

29         741.31  Violation of an injunction for protection

30  against domestic violence.--

31

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






    Florida Senate - 1999                                   SB 370
    36-496-99                                               See HB




  1         (4)(a)  A person who willfully violates an injunction

  2  for protection against domestic violence issued pursuant to s.

  3  741.30, or a foreign protection order accorded full faith and

  4  credit pursuant to s. 741.315, by:

  5         1.  Refusing to vacate the dwelling that the parties

  6  share;

  7         2.  Going to the petitioner's residence, school, place

  8  of employment, or a specified place frequented regularly by

  9  the petitioner and any named family or household member;

10         3.  Committing an act of domestic violence against the

11  petitioner;

12         4.  Committing any other violation of the injunction

13  through an intentional unlawful threat, word, or act to do

14  violence to the petitioner; or

15         5.  Telephoning, contacting, or otherwise communicating

16  with the petitioner directly or indirectly, unless the

17  injunction specifically allows indirect contact through a

18  third party

19

20  commits a misdemeanor of the first degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         (b)1.  It is a violation of s. 790.233, and a

23  misdemeanor of the first degree, punishable as provided in s.

24  775.082 or s. 775.083, for a person to violate a final

25  injunction for protection against domestic violence by having

26  in his or her care, custody, possession, or control any

27  firearm or ammunition.

28         2.  It is the intent of the Legislature that the

29  disabilities regarding possession of firearms and ammunition

30  are consistent with federal law.  Accordingly, this paragraph

31  shall not apply to a state or local officer as defined in s.

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






    Florida Senate - 1999                                   SB 370
    36-496-99                                               See HB




  1  943.10(14), holding an active certification, who receives or

  2  possesses a firearm or ammunition for use in performing

  3  official duties on behalf of the officer's employing agency,

  4  unless otherwise prohibited by the employing agency.

  5         (c)  It is a misdemeanor of the first degree for any

  6  person subject to a final injunction for protection against

  7  domestic violence to refuse to surrender any firearm or

  8  ammunition in his or her care, custody, possession, or

  9  control, or to interfere with or obstruct a law enforcement

10  officer enforcing the provisions of paragraph (b).

11         Section 2.  Section 787.04, Florida Statutes, is

12  amended to read:

13         787.04  Removing minors from state or concealing minors

14  contrary to state agency order or court order.--

15         (1)  It is unlawful for any person, in violation of a

16  court order, to lead, take, entice, or remove a minor beyond

17  the limits of this state, or to conceal the location of a

18  minor, with personal knowledge of the order.

19         (2)  It is unlawful for any person, with criminal

20  intent, to lead, take, entice, or remove a minor beyond the

21  limits of this state, or to conceal the location of a minor,

22  during the pendency of any action or proceeding affecting

23  custody of the minor, after having received notice as required

24  by law of the pendency of the action or proceeding, without

25  the permission of the court in which the action or proceeding

26  is pending.

27         (3)  It is unlawful for any person, with criminal

28  intent, to lead, take, entice, or remove a minor beyond the

29  limits of this state, or to conceal the location of a minor,

30  during the pendency of a dependency proceeding affecting such

31  minor or during the pendency of any investigation, action, or

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






    Florida Senate - 1999                                   SB 370
    36-496-99                                               See HB




  1  proceeding concerning the alleged abuse or neglect of such

  2  minor, after having received notice of the pendency of such

  3  investigation, action, or proceeding and without the

  4  permission of the state agency or court in which the

  5  investigation, action, or proceeding is pending.

  6         (4)  It is unlawful for any noncustodial parent or

  7  respondent subject to an injunction for protection against

  8  domestic violence or repeat violence with personal knowledge

  9  of the injunction to lead, take, entice, or remove a minor

10  from the custodial parent or any child care provider or other

11  person entrusted by the custodial parent with the care of the

12  minor, or to conceal the location of the minor in violation of

13  the injunction.

14         (5)(4)  It is unlawful for any person, who has carried

15  beyond the limits of this state any minor whose custody is

16  involved in any action or proceeding pending in this state

17  pursuant to the order of the court in which the action or

18  proceeding is pending or pursuant to the permission of the

19  court, thereafter, to fail to produce the minor in the court

20  or deliver the minor to the person designated by the court.

21         (6)(5)  It is a defense under this section that a

22  person who leads, takes, entices, or removes a minor beyond

23  the limits of the state reasonably believes that his or her

24  action was necessary to protect the minor from child abuse as

25  defined in s. 827.03.

26         (7)(6)  Any person who violates this section is guilty

27  of a felony of the third degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.

29         Section 3.  For the purpose of incorporating the

30  amendment to section 741.31, Florida Statutes, 1998

31  Supplement, in references thereto, subsection (6) of section

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






    Florida Senate - 1999                                   SB 370
    36-496-99                                               See HB




  1  901.15, Florida Statutes, 1998 Supplement, is reenacted to

  2  read:

  3         901.15  When arrest by officer without warrant is

  4  lawful.--A law enforcement officer may arrest a person without

  5  a warrant when:

  6         (6)  There is probable cause to believe that the person

  7  has committed a criminal act according to s. 790.233 or

  8  according to s. 741.31 or s. 784.047 which violates an

  9  injunction for protection entered pursuant to s. 741.30 or s.

10  784.046, or a foreign protection order accorded full faith and

11  credit pursuant to s. 741.315, over the objection of the

12  petitioner, if necessary.

13         Section 4.  This act shall take effect upon becoming a

14  law.

15

16            *****************************************

17                          HOUSE SUMMARY

18
      Provides a first degree misdemeanor penalty for a person
19    subject to an injunction for protection against domestic
      violence to refuse to surrender any firearm or ammunition
20    in his or her control or custody, or to interfere with or
      obstruct a law enforcement officer enforcing the
21    injunction.

22
      Provides that it is a third degree felony for any
23    noncustodial parent or respondent subject to an
      injunction for protection against domestic violence or
24    repeat violence who has personal knowledge of the
      injunction to lead, take, entice, or remove a minor from
25    the custodial parent or any child care provider or other
      person entrusted with the care of the minor, or to
26    conceal the minor, in violation of the injunction.

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