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.--
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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.
2
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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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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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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.
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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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