Senate Bill 0370c1

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    Florida Senate - 1999                            CS for SB 370

    By the Committee on Criminal Justice and Senator Meek





    307-1805-99

  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 to lead, take, entice, or

14         remove a minor from the custodial parent or any

15         child care provider or other person entrusted

16         by the custodial parent with the care of the

17         minor or to conceal the location of the minor,

18         in violation of the injunction; providing a

19         penalty; reenacting s. 901.15(6), F.S.,

20         relating to when an arrest is made by a law

21         enforcement officer without a warrant to

22         incorporate said amendment in a reference;

23         providing an effective date.

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

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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                            CS for SB 370
    307-1805-99




  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

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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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    Florida Senate - 1999                            CS for SB 370
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  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                            CS for SB 370
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  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 with personal knowledge of the injunction to

  9  lead, take, entice, or remove a minor from the custodial

10  parent or any child care provider or other person entrusted by

11  the custodial parent with the care of the minor, or to conceal

12  the location of the minor in violation of the injunction.

13         (5)(4)  It is unlawful for any person, who has carried

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

15  involved in any action or proceeding pending in this state

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

17  proceeding is pending or pursuant to the permission of the

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

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

20         (6)(5)  It is a defense under this section that a

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

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

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

24  defined in s. 827.03.

25         (7)(6)  Any person who violates this section is guilty

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

27  775.082, s. 775.083, or s. 775.084.

28         Section 3.  For the purpose of incorporating the

29  amendment to section 741.31, Florida Statutes, 1998

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

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    Florida Senate - 1999                            CS for SB 370
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  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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16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 370

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19  Deletes reference to repeat violence injunctions in section 2
    of the bill.
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