Senate Bill 0370e2
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1 A bill to be entitled
2 An act relating to domestic violence; amending
3 s. 784.046, F.S.; providing that the parent or
4 legal guardian of a minor child living at home
5 has standing in circuit court to petition for
6 an injunction against repeat violence; creating
7 s. 938.14, F.S.; providing for imposition of an
8 additional mandatory court cost upon a person
9 found to have committed an act of domestic
10 violence; providing for waiver of the court
11 cost; providing for collection by the clerk of
12 the court; providing for deposit of such court
13 costs in the Domestic Violence Trust Fund;
14 providing for certain disbursements in
15 accordance with specified provisions relating
16 to funding of domestic violence centers;
17 providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Paragraph (a) of subsection (2) and
22 paragraph (a) of subsection (4) of section 784.046, Florida
23 Statutes, are amended to read:
24 784.046 Action by victim of repeat violence for
25 protective injunction; powers and duties of court and clerk of
26 court; filing and form of petition; notice and hearing;
27 temporary injunction; issuance; statewide verification system;
28 enforcement.--
29 (2) There is created a cause of action for an
30 injunction for protection in cases of repeat violence.
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1 (a) Any person who is the victim of repeat violence or
2 the parent or legal guardian of any minor child who is living
3 at home and who seeks an injunction for protection against
4 repeat violence on behalf of the minor child has standing in
5 the circuit court to file a sworn petition for an injunction
6 for protection against repeat violence.
7 (4)(a) The sworn petition shall allege the incidents
8 of repeat violence and shall include the specific facts and
9 circumstances which form the basis upon which relief is
10 sought. With respect to a minor child who is living at home,
11 the parent or legal guardian of the minor child must have been
12 an eye-witness to, or have direct physical evidence or
13 affidavits from eye-witnesses of, the specific facts and
14 circumstances which form the basis upon which relief is
15 sought.
16 Section 2. Section 938.14, Florida Statutes, is
17 created to read:
18 938.14 Additional court costs in domestic violence
19 cases.--
20 (1) When a person pleads guilty or nolo contendere to,
21 or is found guilty or convicted of, regardless of
22 adjudication, an act of domestic violence as defined in s.
23 741.28, there shall be imposed on the person as a cost in the
24 case, in addition to any other cost or penalty required to be
25 imposed by law, a court cost in the sum of $36. This
26 additional court cost shall be assessed against the person
27 unless specifically waived by the court on the record.
28 (2) The clerk of the court shall collect the
29 respective $36 assessments for court costs provided for in
30 this section and, on a monthly basis, transfer the moneys
31 collected to the State Treasury for deposit in the designated
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CS for SB 370 Second Engrossed
1 account of the Domestic Violence Trust Fund for disbursement
2 in accordance with s. 741.01(2).
3 Section 3. This act shall take effect upon becoming a
4 law.
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