Senate Bill 0370e1

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    CS for SB 370                                  First Engrossed



  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         creating s. 938.14, F.S.; providing for

24         imposition of an additional mandatory court

25         cost upon a person found to have committed an

26         act of domestic violence; providing for waiver

27         of the court cost; providing for collection by

28         the clerk of the court; providing for deposit

29         of such court costs in the Domestic Violence

30         Trust Fund; providing for certain disbursements

31         in accordance with specified provisions


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    CS for SB 370                                  First Engrossed



  1         relating to funding of domestic violence

  2         centers; providing an effective date.

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

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

  7  Statutes, 1998 Supplement, is amended to read:

  8         741.31  Violation of an injunction for protection

  9  against domestic violence.--

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

11  for protection against domestic violence issued pursuant to s.

12  741.30, or a foreign protection order accorded full faith and

13  credit pursuant to s. 741.315, by:

14         1.  Refusing to vacate the dwelling that the parties

15  share;

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

17  of employment, or a specified place frequented regularly by

18  the petitioner and any named family or household member;

19         3.  Committing an act of domestic violence against the

20  petitioner;

21         4.  Committing any other violation of the injunction

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

23  violence to the petitioner; or

24         5.  Telephoning, contacting, or otherwise communicating

25  with the petitioner directly or indirectly, unless the

26  injunction specifically allows indirect contact through a

27  third party

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29  commits a misdemeanor of the first degree, punishable as

30  provided in s. 775.082 or s. 775.083.

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

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

  3  775.082 or s. 775.083, for a person to violate a final

  4  injunction for protection against domestic violence by having

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

  6  firearm or ammunition.

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

  8  disabilities regarding possession of firearms and ammunition

  9  are consistent with federal law.  Accordingly, this paragraph

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

11  943.10(14), holding an active certification, who receives or

12  possesses a firearm or ammunition for use in performing

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

14  unless otherwise prohibited by the employing agency.

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

16  person subject to a final injunction for protection against

17  domestic violence to refuse to surrender any firearm or

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

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

20  officer enforcing the provisions of paragraph (b).

21         Section 2.  Section 787.04, Florida Statutes, is

22  amended to read:

23         787.04  Removing minors from state or concealing minors

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

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

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

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

28  minor, with personal knowledge of the order.

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

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

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


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  1  during the pendency of any action or proceeding affecting

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

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

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

  5  is pending.

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

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

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

  9  during the pendency of a dependency proceeding affecting such

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

11  proceeding concerning the alleged abuse or neglect of such

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

13  investigation, action, or proceeding and without the

14  permission of the state agency or court in which the

15  investigation, action, or proceeding is pending.

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

17  respondent subject to an injunction for protection against

18  domestic violence with personal knowledge of the injunction to

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

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

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

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

23         (5)(4)  It is unlawful for any person, who has carried

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

25  involved in any action or proceeding pending in this state

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

27  proceeding is pending or pursuant to the permission of the

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

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

30         (6)(5)  It is a defense under this section that a

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


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    CS for SB 370                                  First Engrossed



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

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

  3  defined in s. 827.03.

  4         (7)(6)  Any person who violates this section is guilty

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

  6  775.082, s. 775.083, or s. 775.084.

  7         Section 3.  For the purpose of incorporating the

  8  amendment to section 741.31, Florida Statutes, 1998

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

10  901.15, Florida Statutes, 1998 Supplement, is reenacted to

11  read:

12         901.15  When arrest by officer without warrant is

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

14  a warrant when:

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

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

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

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

19  784.046, or a foreign protection order accorded full faith and

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

21  petitioner, if necessary.

22         Section 4.  Section 938.14, Florida Statutes, is

23  created to read:

24         938.14  Additional court costs in domestic violence

25  cases.--

26         (1)  When a person pleads guilty or nolo contendere to,

27  or is found guilty or convicted of, regardless of

28  adjudication, an act of domestic violence as defined in s.

29  741.28, there shall be imposed on the person as a cost in the

30  case, in addition to any other cost or penalty required to be

31  imposed by law, a court cost in the sum of $36. This


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    CS for SB 370                                  First Engrossed



  1  additional court cost shall be assessed against the person

  2  unless specifically waived by the court on the record.

  3         (2)  The clerk of the court shall collect the

  4  respective $36 assessments for court costs provided for in

  5  this section and, on a monthly basis, transfer the moneys

  6  collected to the State Treasury for deposit in the designated

  7  account of the Domestic Violence Trust Fund for disbursement

  8  in accordance with s. 741.01(2).

  9         Section 5.  This act shall take effect upon becoming a

10  law.

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