Senate Bill 0370e2

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    CS for SB 370                                 Second Engrossed



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






    CS for SB 370                                 Second Engrossed



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






    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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