House Bill 2309

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    Florida House of Representatives - 2000                HB 2309

        By the Committee on Family Law & Children and
    Representatives Roberts, Brown and Effman





  1                      A bill to be entitled

  2         An act relating to domestic violence; amending

  3         ss. 25.385, 39.902, 741.28, and 943.171, F.S.;

  4         redefining the terms "domestic violence" and

  5         "family or household member"; amending s.

  6         61.1825, F.S.; providing for additional

  7         circumstances when a family violence indicator

  8         must be placed on a record; amending s.

  9         90.5036, F.S.; redefining the terms "domestic

10         violence center" and "domestic violence

11         advocate"; specifying the persons to whom

12         confidential communication provisions apply;

13         providing for confidentiality of certain

14         communications only if the domestic violence

15         advocate is registered with the Department of

16         Children and Family Services; amending s.

17         470.002, F.S.; revising the definition of

18         "legally authorized person" for purposes of

19         domestic violence cases; amending s. 741.2901,

20         F.S.; prohibiting certain family or household

21         members from qualifying as legally authorized

22         persons in cases involving domestic violence;

23         amending s. 741.30, F.S.; specifying when a

24         person has standing to file a petition for an

25         injunction against domestic violence; providing

26         for incidents that describe violence or threats

27         of violence; providing legislative intent with

28         regard to victim protection; authorizing the

29         court to grant extensions of temporary

30         injunctions; specifying when a court may grant

31         relief; providing factors for the court to

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  1         consider in determining imminent danger;

  2         requiring a batterers' intervention program to

  3         provide notification of discharge; providing

  4         that respondents must complete a batterers'

  5         intervention program if ordered; providing

  6         circumstances under which the court may not

  7         grant a request to modify or dissolve an

  8         injunction; requiring recording of proceedings;

  9         directing the Office of the State Courts

10         Administrator to examine and develop

11         recommendations concerning certain court

12         practices; requiring a report to the Governor

13         and Legislature; providing an effective date.

14

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

16

17         Section 1.  Subsection (2) of section 25.385, Florida

18  Statutes, is amended to read:

19         25.385  Standards for instruction of circuit and county

20  court judges in handling domestic violence cases.--

21         (2)  As used in this section:

22         (a)  The term "Domestic violence" means any assault,

23  aggravated assault, battery, aggravated battery, sexual

24  assault, sexual battery, stalking, aggravated stalking,

25  kidnapping, false imprisonment, or any criminal offense

26  resulting in physical injury or death of one family or

27  household member by another, who is or was residing in the

28  same single dwelling unit.

29         (b)  "Family or household member" means:

30         1.  Spouse.,

31         2.  Former spouse.,

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  1         3.  Persons related by blood or marriage who are or

  2  were residing in the same single dwelling unit.,

  3         4.  Persons who are presently residing together, as if

  4  a family., or

  5         5.  Persons who have resided together in the past, as

  6  if a family., and

  7         6.  Persons who have a child in common regardless of

  8  whether they have been married or have resided together at any

  9  time.

10         Section 2.  Subsections (1) and (3) of section 39.902,

11  Florida Statutes, are amended to read:

12         39.902  Definitions.--As used in this part, the term:

13         (1)  "Domestic violence" means any assault, aggravated

14  assault, battery, aggravated battery, sexual assault, sexual

15  battery, stalking, aggravated stalking, kidnapping, false

16  imprisonment, or any criminal offense resulting in physical

17  injury or death of one family or household member by another

18  who is or was residing in the same single dwelling unit.

19         (3)  "Family or household member" means:

20         (a)  Spouses.,

21         (b)  Former spouses.,

22         (c)  Persons adults related by blood or marriage who

23  are or were residing in the same single dwelling unit.,

24         (d)  Persons who are presently residing together, as if

25  a family. or

26         (e)  Persons who have resided together in the past, as

27  if a family., and

28         (f)  Persons who have a child in common regardless of

29  whether they have been married or have resided together at any

30  time.

31

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  1         Section 3.  Subsection (3) of section 61.1825, Florida

  2  Statutes, is amended to read:

  3         61.1825  State Case Registry.--

  4         (3)(a)  For the purpose of this section, a family

  5  violence indicator must be placed on a record when:

  6         1.  A party executes a sworn statement requesting that

  7  a family violence indicator be placed on that party's record

  8  which states that the party has reason to believe that release

  9  of information to the Federal Case Registry may result in

10  physical or emotional harm to the party or the child;.

11         2.  A temporary or final injunction for protection

12  against domestic violence has been granted pursuant to s.

13  741.30(6), an injunction for protection against domestic

14  violence has been issued by a court of a foreign state

15  pursuant to s. 741.315, or a temporary or final injunction for

16  protection against repeat violence has been granted pursuant

17  to s. 784.046; or

18         3.  The department has received information on a Title

19  IV-D case from the Domestic and Repeat Violence Injunction

20  Statewide Verification System, established pursuant to s.

21  784.046(8)(b), that a court has granted a party a domestic

22  violence or repeat violence injunction.

23         (b)  Before the family violence indicator can be

24  removed from a record, the protected person must be afforded

25  notice and an opportunity to appear before the court on the

26  issue of whether the disclosure will result in harm.

27         Section 4.  Paragraphs (a) and (b) of subsection (1)

28  and subsection (2) of section 90.5036, Florida Statutes, are

29  amended to read:

30         90.5036  Domestic violence advocate-victim privilege.--

31         (1)  For purposes of this section:

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  1         (a)  A "domestic violence center" is any public or

  2  private agency that offers assistance to victims of domestic

  3  violence, as defined in s. 741.28, and their families as its

  4  primary mission and is providing all the services mandated

  5  under s. 39.905(1)(c).

  6         (b)  A "domestic violence advocate" means any employee

  7  or volunteer who has 30 hours of training in assisting victims

  8  of domestic violence and is an employee of or volunteer for a

  9  program for victims of domestic violence center whose primary

10  purpose is the rendering of advice, counseling, or assistance

11  to victims of domestic violence.

12         (2)  A victim has a privilege to refuse to disclose,

13  and to prevent any other person from disclosing, a

14  confidential communication made by the victim to a domestic

15  violence advocate or any record made in the course of

16  advising, counseling, or assisting the victim.  The privilege

17  applies to confidential communications made between the victim

18  and the domestic violence advocate and to records of those

19  communications only if the advocate is registered with the

20  Department of Children and Family Services under s. 39.905 at

21  the time the communication is made.  This privilege includes

22  any advice given by the domestic violence advocate in the

23  course of that relationship.

24         Section 5.  Subsection (18) of section 470.002, Florida

25  Statutes, is amended to read:

26         470.002  Definitions.--As used in this chapter:

27         (18)  "Legally authorized person" means, in the

28  priority listed, unless barred by s. 741.2901, the decedent,

29  when written inter vivos authorizations and directions are

30  provided by the decedent, the surviving spouse, son or

31  daughter who is 18 years of age or older, parent, brother or

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  1  sister 18 years of age or over, grandchild who is 18 years of

  2  age or older, or grandparent; or any person in the next degree

  3  of kinship. In addition, the term may include, if no family

  4  exists or is available, the following: the guardian of the

  5  dead person at the time of death; the personal representative

  6  of the deceased; the attorney in fact of the dead person at

  7  the time of death; the health surrogate of the dead person at

  8  the time of death; a public health officer; the medical

  9  examiner, county commission or administrator acting under

10  chapter 245, or other public administrator; a representative

11  of a nursing home or other health care institution in charge

12  of final disposition; or a friend or other person not listed

13  in this subsection who is willing to assume the responsibility

14  as authorized person.

15         Section 6.  Subsections (1) and (2) of section 741.28,

16  Florida Statutes, are amended to read:

17         741.28  Domestic violence; definitions.--As used in ss.

18  741.28-741.31:

19         (1)  "Domestic violence" means any assault, aggravated

20  assault, battery, aggravated battery, sexual assault, sexual

21  battery, stalking, aggravated stalking, kidnapping, false

22  imprisonment, or any criminal offense resulting in physical

23  injury or death of one family or household member by another

24  who is or was residing in the same single dwelling unit.

25         (2)  "Family or household member" means:

26         (a)  Spouses.,

27         (b)  Former spouses.,

28         (c)  Persons related by blood or marriage who are or

29  were residing in the same single dwelling unit.,

30         (d)  Persons who are presently residing together, as if

31  a family. or

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  1         (e)  Persons who have resided together in the past, as

  2  if a family., and

  3         (f)  Persons who have a child in common regardless of

  4  whether they have been married or have resided together at any

  5  time.

  6         Section 7.  Subsection (3) of section 741.2901, Florida

  7  Statutes, is amended to read:

  8         741.2901  Domestic violence cases; prosecutors;

  9  legislative intent; investigation; duty of circuits; first

10  appearance.--

11         (3)  Prior to a defendant's first appearance in any

12  charge of domestic violence as defined in s. 741.28, the State

13  Attorney's Office shall perform a thorough investigation of

14  the defendant's history, including, but not limited to: prior

15  arrests for domestic violence, prior arrests for nondomestic

16  charges, prior injunctions for protection against domestic and

17  repeat violence filed listing the defendant as respondent and

18  noting history of other victims, and prior walk-in domestic

19  complaints filed against the defendant. This information shall

20  be presented at first appearance, when setting bond, and when

21  passing sentence, for consideration by the court.  When a

22  defendant is arrested for an act of domestic violence, the

23  defendant shall be held in custody until brought before the

24  court for admittance to bail in accordance with chapter 903. A

25  family or household member arrested for or charged with

26  intentionally causing the death of another family or household

27  member shall not qualify as a "legally authorized person" as

28  defined in s. 470.002. In determining bail, the court shall

29  consider the safety of the victim, the victim's children, and

30  any other person who may be in danger if the defendant is

31  released.

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  1         Section 8.  Subsections (1), (3), (5), and (6) of

  2  section 741.30, Florida Statutes, are amended to read:

  3         741.30  Domestic violence; injunction; powers and

  4  duties of court and clerk; petition; notice and hearing;

  5  temporary injunction; issuance of injunction; statewide

  6  verification system; enforcement.--

  7         (1)  There is created a cause of action for an

  8  injunction for protection against domestic violence.

  9         (a)  Any person described in paragraph (e), who is

10  either the victim of any act of domestic violence as defined

11  in s. 741.28, or has reasonable cause to believe he or she is

12  in imminent danger of becoming the victim of any act of

13  domestic violence, has standing in the circuit court to file a

14  sworn petition for an injunction for protection against

15  domestic violence.

16         (b)  This cause of action for an injunction may be

17  sought whether or not any other cause of action is currently

18  pending between the parties. However, the pendency of any such

19  cause of action shall be alleged in the petition.

20         (c)  In the event a subsequent cause of action is filed

21  under chapter 61, any orders entered therein shall take

22  precedence over any inconsistent provisions of an injunction

23  issued under this section which addresses matters governed by

24  chapter 61.

25         (d)  A person's right to petition for an injunction

26  shall not be affected by such person having left a residence

27  or household to avoid domestic violence.

28         (e)  This cause of action for an injunction may be

29  sought by family or household members. No person shall be

30  precluded from seeking injunctive relief pursuant to this

31  chapter solely on the basis that such person is not a spouse.

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  1         (f)  This cause of action for an injunction shall not

  2  require that either party be represented by an attorney.

  3         (g)  Any person, including an officer of the court, who

  4  offers evidence or recommendations relating to the cause of

  5  action must either present the evidence or recommendations in

  6  writing to the court with copies to each party and their

  7  attorney, or must present the evidence under oath at a hearing

  8  at which all parties are present.

  9         (h)  Nothing in this section shall affect the title to

10  any real estate.

11         (i)  The court is prohibited from issuing mutual orders

12  of protection. This does not preclude the court from issuing

13  separate injunctions for protection against domestic violence

14  where each party has complied with the provisions of this

15  section. Compliance with the provisions of this section cannot

16  be waived.

17         (3)(a)  The sworn petition shall allege the existence

18  of such domestic violence and shall include the specific facts

19  and circumstances upon the basis of which relief is sought.

20         (b)  The sworn petition shall be in substantially the

21  following form:

22

23                           PETITION FOR

24                    INJUNCTION FOR PROTECTION

25                    AGAINST DOMESTIC VIOLENCE

26

27  Before me, the undersigned authority, personally appeared

28  Petitioner ...(Name)..., who has been sworn and says that the

29  following statements are true:

30         (a)  Petitioner resides at: ...(address)...

31

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  1         (Petitioner may furnish address to the court in a

  2  separate confidential filing if, for safety reasons, the

  3  petitioner requires the location of the current residence to

  4  be confidential.)

  5         (b)  Respondent resides at: ...(last known address)...

  6         (c)  Respondent's last known place of employment:

  7  ...(name of business and address)...

  8         (d)  Physical description of respondent: ....

  9         Race....

10         Sex....

11         Date of birth....

12         Height....

13         Weight....

14         Eye color....

15         Hair color....

16         Distinguishing marks or scars....

17         (e)  Aliases of respondent: ....

18         (f)  Respondent is the spouse or former spouse of the

19  petitioner or is any other person related by blood or marriage

20  to the petitioner or is any other person who is or was

21  residing within a single dwelling unit with the petitioner, as

22  if a family, or is a person with whom the petitioner has a

23  child in common, regardless of whether the petitioner and

24  respondent are or were married or residing together, as if a

25  family.

26         (g)  The following describes any other cause of action

27  currently pending between the petitioner and respondent: .....

28  ..............................................................

29         The petitioner should also describe any previous or

30  pending attempts by the petitioner to obtain an injunction for

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  1  protection against domestic violence in this or any other

  2  circuit, and the results of that attempt......................

  3  ..............................................................

  4  Case numbers should be included if available.

  5         (h)  Petitioner has suffered or has reasonable cause to

  6  fear imminent domestic violence because respondent has (check

  7  off all that apply and describe in the space(s) below the

  8  incidents of violence or threats of violence, including when

  9  and where they occurred): ....................................

10         ....Committed or threatened to commit domestic violence

11  as defined in s. 741.28.

12         ....Previously threatened, harassed, stalked, or

13  physically abused the petitioner.

14         ....Attempted to harm the petitioner or family members

15  or individuals associated with the petitioner.

16         ....Threatened to conceal, kidnap, or harm the child.

17         ....Intentionally injured or killed a family pet.

18         ....Used or has threatened to use any weapons such as

19  guns or knives against the petitioner.

20         ....Physically restrained the petitioner from leaving

21  the home or calling law enforcement.

22         ....A criminal history involving violence or the threat

23  of violence (if known).

24         ....Another order of protection issued against him or

25  her previously or from another jurisdiction (if known).

26         ....Engaged in any other behavior or conduct that leads

27  the petitioner to believe he or she is in imminent danger of

28  becoming a victim of domestic violence.

29         (i)  Petitioner alleges the following additional

30  specific facts: (mark appropriate sections)

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  1         ....Petitioner is the custodian of a minor child or

  2  children whose names and ages are as follows: ................

  3         ....Petitioner needs the exclusive use and possession

  4  of the dwelling that the parties share.

  5         ....Petitioner is unable to obtain safe alternative

  6  housing because: .............................................

  7         ....Petitioner genuinely fears that respondent

  8  imminently will abuse, remove, or hide the minor child or

  9  children from petitioner because: ............................

10  ..............................................................

11         (j)  Petitioner genuinely fears imminent domestic

12  violence by respondent.

13         (k)  Petitioner seeks an injunction: (mark appropriate

14  section or sections)

15         ....Immediately restraining the respondent from

16  committing any acts of domestic violence.

17         ....Restraining the respondent from committing any acts

18  of domestic violence.

19         ....Awarding to the petitioner the temporary exclusive

20  use and possession of the dwelling that the parties share or

21  excluding the respondent from the residence of the petitioner.

22         ....Awarding temporary custody of, or temporary

23  visitation rights with regard to, the minor child or children

24  of the parties, or prohibiting or limiting visitation to that

25  which is supervised by a third party.

26         ....Establishing temporary support for the minor child

27  or children or the petitioner.

28         ....Directing the respondent to participate in a

29  batterers' intervention program or other treatment pursuant to

30  s. 39.901.

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  1         ....Providing any terms the court deems necessary for

  2  the protection of a victim of domestic violence, or any minor

  3  children of the victim, including any injunctions or

  4  directives to law enforcement agencies.

  5         (c)  Every petition for an injunction against domestic

  6  violence shall contain, directly above the signature line, a

  7  statement in all capital letters and bold type not smaller

  8  than the surrounding text, as follows:

  9

10         I HAVE READ EVERY STATEMENT MADE IN THIS

11         PETITION AND EACH STATEMENT IS TRUE AND

12         CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE

13         IN THIS PETITION ARE BEING MADE UNDER PENALTY

14         OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION

15         837.02, FLORIDA STATUTES.

16                                        ...(initials)...

17

18         (d)  If the sworn petition seeks to determine issues of

19  custody or visitation with regard to the minor child or

20  children of the parties, the sworn petition shall be

21  accompanied by or shall incorporate the allegations required

22  by s. 61.132 of the Uniform Child Custody Jurisdiction Act.

23         (5)(a)  When it appears to the court that an immediate

24  and present danger of domestic violence exists, the court may

25  grant a temporary injunction ex parte, pending a full hearing,

26  and may grant such relief as the court deems proper, including

27  an injunction:

28         1.  Restraining the respondent from committing any acts

29  of domestic violence.

30

31

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  1         2.  Awarding to the petitioner the temporary exclusive

  2  use and possession of the dwelling that the parties share or

  3  excluding the respondent from the residence of the petitioner.

  4         3.  On the same basis as provided in s. 61.13(2), (3),

  5  (4), and (5), granting to the petitioner temporary custody of

  6  a minor child or children.

  7         (b)  In a hearing ex parte for the purpose of obtaining

  8  such ex parte temporary injunction, no evidence other than

  9  verified pleadings or affidavits shall be used as evidence,

10  unless the respondent appears at the hearing or has received

11  reasonable notice of the hearing.  A denial of a petition for

12  an ex parte injunction shall be by written order noting the

13  legal grounds for denial.  When the only ground for denial is

14  no appearance of an immediate and present danger of domestic

15  violence, the court shall set a full hearing on the petition

16  for injunction with notice at the earliest possible time.

17  Nothing herein affects a petitioner's right to promptly amend

18  any petition, or otherwise be heard in person on any petition

19  consistent with the Florida Rules of Civil Procedure.

20         (c)  Any such ex parte temporary injunction shall be

21  effective for a fixed period not to exceed 15 days.

22         (d)  A full hearing, as provided by this section, shall

23  be set for a date no later than the date when the temporary

24  injunction ceases to be effective. It is the intent of the

25  Legislature that lack of service of process during the ex

26  parte injunction process not leave the victim unprotected.

27  Therefore, the court may grant an extension of the temporary

28  injunction and a continuance of the full hearing before or

29  during a hearing for good cause shown by any party, or upon

30  its own motion for good cause, including failure which shall

31  include a continuance to obtain service of process. Any

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  1  injunction shall be extended if necessary to remain in full

  2  force and effect during any period of continuance.

  3         (6)(a)  Upon notice and hearing, when it appears to the

  4  court that the petitioner is either the victim of domestic

  5  violence as defined by s. 741.28, or the court has reasonable

  6  cause to believe the petitioner is in imminent danger of

  7  becoming a victim of domestic violence, the court may grant

  8  such relief as the court deems proper, including an

  9  injunction:

10         1.  Restraining the respondent from committing any acts

11  of domestic violence.

12         2.  Awarding to the petitioner the exclusive use and

13  possession of the dwelling that the parties share or excluding

14  the respondent from the residence of the petitioner.

15         3.  On the same basis as provided in chapter 61,

16  awarding temporary custody of, or temporary visitation rights

17  with regard to, a minor child or children of the parties.

18         4.  On the same basis as provided in chapter 61,

19  establishing temporary support for a minor child or children

20  or the petitioner.

21         5.  Ordering the respondent to participate in

22  treatment, intervention, or counseling services to be paid for

23  by the respondent. When the court orders the respondent to

24  participate in a batterers' intervention program, the court,

25  or any entity designated by the court, must provide the

26  respondent with a list of all certified batterers'

27  intervention programs and all programs which have submitted an

28  application to the Department of Corrections to become

29  certified under s. 741.325, from which the respondent must

30  choose a program in which to participate. If there are no

31  certified batterers' intervention programs in the circuit, the

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  1  court shall provide a list of acceptable programs from which

  2  the respondent must choose a program in which to participate.

  3  A batterers' intervention program shall provide to the court a

  4  notification of the respondent's enrollment and discharge from

  5  the program to be placed in the case file. The notification of

  6  discharge shall specify one of the following categories for

  7  discharge, and reason for discharge if other than completion:

  8  completion of the program, rejection of services, or

  9  termination from the program.

10         6.  Referring a petitioner to a certified domestic

11  violence center. The court must provide the petitioner with a

12  list of certified domestic violence centers in the circuit

13  which the petitioner may contact.

14         7.  Ordering such other relief as the court deems

15  necessary for the protection of a victim of domestic violence,

16  including injunctions or directives to law enforcement

17  agencies, as provided in this section.

18         (b)  In determining whether a petitioner has reasonable

19  cause to believe he or she is in imminent danger of becoming a

20  victim of domestic violence, the court shall consider and

21  evaluate all relevant factors alleged in the petition,

22  including, but not limited to:

23         1.  The history of the relationship between the

24  petitioner and the respondent, including threats, harassment,

25  stalking, and physical abuse.

26         2.  Whether the respondent has attempted to harm the

27  petitioner or family members or individuals associated with

28  the petitioner.

29         3.  Whether the respondent has threatened to conceal,

30  kidnap, or harm the child.

31

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  1         4.  Whether the respondent has intentionally injured or

  2  killed a family pet.

  3         5.  Whether the respondent has used or has threatened

  4  to use any weapons such as guns or knives against the

  5  petitioner.

  6         6.  Whether the respondent has physically restrained

  7  the petitioner from leaving the home or calling law

  8  enforcement.

  9         7.  Whether the respondent has a criminal history

10  involving violence or the threat of violence.

11         8.  The existence of a verifiable order of protection

12  issued previously or from another jurisdiction.

13         9.  Any other behavior or conduct that leads the court

14  to believe that the petitioner is in imminent danger of

15  becoming a victim of domestic violence.

16

17  In making its determination under this section, the court is

18  not limited to those factors enumerated in subparagraphs 1.-9.

19         (c)(b)  The terms of an injunction restraining the

20  respondent under subparagraph (a)1. or ordering other relief

21  for the protection of the victim under subparagraph (a)7.

22  shall remain in effect until modified or dissolved. Either

23  party may move at any time to modify or dissolve the

24  injunction. No specific allegations are required. Such relief

25  may be granted in addition to other civil or criminal

26  remedies. A respondent who requests to dissolve an injunction

27  must have completed a batterers' intervention program if

28  ordered as a condition of his or her injunction, unless the

29  court finds that there is substantial justification for the

30  respondent's failure to complete the program. The court shall

31  not grant the respondent's request to dissolve the injunction

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  1  unless there is substantial justification for the respondent's

  2  failure to complete the program. Further, the court shall not

  3  grant a respondent's request to modify the injunction unless

  4  the respondent shows good cause for failure to complete the

  5  program or good cause for a modification of the injunction.

  6         (d)(c)  A temporary or final judgment on injunction for

  7  protection against domestic violence entered pursuant to this

  8  section shall, on its face, indicate that:

  9         1.  The injunction is valid and enforceable in all

10  counties of the State of Florida.

11         2.  Law enforcement officers may use their arrest

12  powers pursuant to s. 901.15(6) to enforce the terms of the

13  injunction.

14         3.  The court had jurisdiction over the parties and

15  matter under the laws of Florida and that reasonable notice

16  and opportunity to be heard was given to the person against

17  whom the order is sought sufficient to protect that person's

18  right to due process.

19         4.  The date respondent was served with the temporary

20  or final order, if obtainable.

21         (e)(d)  An injunction for protection against domestic

22  violence entered pursuant to this section, on its face, may

23  order that the respondent attend a batterers' intervention

24  program as a condition of the injunction. Unless the court

25  makes written factual findings in its judgment or order which

26  are based on substantial evidence, stating why batterers'

27  intervention programs would be inappropriate, the court shall

28  order the respondent to attend a batterers' intervention

29  program if:

30         1.  It finds that the respondent willfully violated the

31  ex parte injunction;

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  1         2.  The respondent, in this state or any other state,

  2  has been convicted of, had adjudication withheld on, or pled

  3  nolo contendere to a crime involving violence or a threat of

  4  violence; or

  5         3.  The respondent, in this state or any other state,

  6  has had at any time a prior injunction for protection entered

  7  against the respondent after a hearing with notice.

  8

  9  It is mandatory that such programs be certified under s.

10  741.32.

11         (f)(e)  The fact that a separate order of protection is

12  granted to each opposing party shall not be legally sufficient

13  to deny any remedy to either party or to prove that the

14  parties are equally at fault or equally endangered.

15         (g)(f)  A final judgment on injunction for protection

16  against domestic violence entered pursuant to this section

17  must, on its face, indicate that it is a violation of s.

18  790.233, and a first degree misdemeanor, for the respondent to

19  have in his or her care, custody, possession, or control any

20  firearm or ammunition.

21         (h)  All proceedings under this subsection must be

22  recorded, if the means of doing so are available among

23  existing court resources. Recording may be by electronic

24  means, as provided by the Florida Rules of Judicial

25  Administration. If the means to record the proceedings are not

26  available, the parties must be notified, prior to the full

27  hearing, that if they desire to have a record of the

28  proceedings, they are responsible for the recording of such.

29         Section 9.  Subsection (2) of section 943.171, Florida

30  Statutes, is amended to read:

31

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  1         943.171  Basic skills training in handling domestic

  2  violence cases.--

  3         (2)  As used in this section, the term:

  4         (a)  "Domestic violence" means any assault, aggravated

  5  assault, battery, aggravated battery, sexual assault, sexual

  6  battery, stalking, aggravated stalking, kidnapping, false

  7  imprisonment, or any criminal offense resulting in the

  8  physical injury or death of one family or household member by

  9  another who is or was residing in the same single dwelling

10  unit.

11         (b)  "Family or household member" means:

12         1.  Spouse.,

13         2.  Former spouse.,

14         3.  Persons related by blood or marriage who are or

15  were residing in the same single dwelling unit.,

16         4.  Persons who are presently residing together, as if

17  a family., or

18         5.  Persons who have resided together in the past, as

19  if a family., and

20         6.  Persons who have a child in common regardless of

21  whether they have been married or have resided together at any

22  time.

23         Section 10.  The Office of the State Courts

24  Administrator shall examine the current practice of the courts

25  with respect to the determination of visitation and custody

26  and the terms of visitation and custody when an injunction for

27  protection has been ordered, the consideration of custody and

28  visitation in the injunction hearings, and the issuing of

29  injunctions for protection during a dissolution-of-marriage

30  proceeding. Based on the findings of this examination, the

31  Office of the State Courts Administrator shall develop

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  1  recommendations for ensuring the most appropriate

  2  consideration of custody and visitation issues during the

  3  injunction process and of injunction for protection issues

  4  during the dissolution-of-marriage process. This examination

  5  and development of recommendations must be conducted in

  6  collaboration with the Department of Children and Family

  7  Services, the Governor's Task Force on Domestic Violence, the

  8  Department of Revenue, the Florida Sheriffs Association, the

  9  Florida Coalition Against Domestic Violence, the Family Law

10  Section of The Florida Bar, and any other interested

11  organizations identified by the Office of the State Courts

12  Administrator. All participants in this process shall attend

13  meetings at their own expense. A report of the recommendations

14  shall be submitted to the Governor, the President of the

15  Senate, and the Speaker of the House of Representatives by

16  January 1, 2001.

17         Section 11.  The Legislature declares that protection

18  against domestic violence is of utmost importance. Further,

19  the Legislature finds that lack of service of process during

20  the ex parte temporary injunction process can leave the victim

21  unprotected unless the injunction remains in effect. The

22  Legislature therefore requests the Supreme Court to examine

23  its current practice and rules of court with respect to ex

24  parte temporary injunctions for protection against domestic

25  violence and the conditions under which continued protection

26  is necessary, and to consider revising and adopting rules to

27  effectuate the legislative expression of this act.

28         Section 12.  This act shall take effect July 1, 2000.

29

30

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions relating to domestic violence.
  4    Redefines the terms "domestic violence," "family or
      household member," "domestic violence center," and
  5    "domestic violence advocate." Provides for additional
      circumstances when a family violence indicator must be
  6    placed on a record. Specifies the persons to whom
      confidential communication provisions apply. Provides for
  7    confidentiality of certain communications only if the
      domestic violence advocate is registered with the
  8    Department of Children and Family Services. Revises the
      definition of "legally authorized person" for purposes of
  9    domestic violence cases. Prohibits certain family or
      household members from qualifying as legally authorized
10    persons in cases involving domestic violence. Specifies
      when a person has standing to file a petition for an
11    injunction against domestic violence. Provides for
      incidents that describe violence or threats of violence.
12    Provides legislative intent with regard to victim
      protection. Authorizes the court to grant extensions of
13    temporary injunctions. Specifies when a court may grant
      relief. Provides factors for the court to consider in
14    determining imminent danger. Requires a batterers'
      intervention program to provide notification of
15    discharge. Provides that respondents must complete a
      batterers' intervention program if ordered. Provides
16    circumstances under which the court may not grant a
      request to modify or dissolve an injunction. Requires
17    recording of proceedings. Directs the Office of the State
      Courts Administrator to examine and develop
18    recommendations concerning certain court practices.
      Requires a report to the Governor and Legislature.
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