Senate Bill 0708
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Florida Senate - 2000 SB 708
By the Committee on Children and Families
300-68F-00
1 A bill to be entitled
2 An act relating to domestic violence; amending
3 ss. 25.385, 39.902, 741.28, 943.171, F.S.;
4 redefining the terms "domestic violence" and
5 "family or household member"; amending s.
6 90.5036, F.S.; redefining the terms "domestic
7 violence center" and "domestic violence
8 advocate"; specifying the persons to whom
9 confidential communication provisions apply;
10 amending s. 741.30, F.S.; providing legislative
11 intent that ex parte temporary injunctions
12 protect a victim as long as he or she is in
13 danger; requesting the Supreme Court to adopt
14 rules to require extensions of temporary
15 injunctions; directing batterers' intervention
16 programs to report to the court issuing the
17 order to attend the program; requesting the
18 Supreme Court to prescribe a standard process
19 for determing enrollment and attendance;
20 providing that a respondent's failure to
21 participate in the batterers' intervention
22 program is a violation of an injunction;
23 directing the Office of State Court
24 Administrator to examine and develop
25 recommendations concerning certain court
26 practices; providing for a report to the
27 Governor and Legislature; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2000 SB 708
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1 Section 1. Subsection (2) of section 25.385, Florida
2 Statutes, is amended to read:
3 25.385 Standards for instruction of circuit and county
4 court judges in handling domestic violence cases.--
5 (2) As used in this section:
6 (a) The term "domestic violence" means any assault,
7 battery, sexual assault, sexual battery, or any criminal
8 offense resulting in physical injury or death of one family or
9 household member by another, who is or was residing in the
10 same single dwelling unit. With the exception of persons who
11 have a child in common, the family or household members must
12 be currently residing or have in the past resided together in
13 the same single dwelling unit.
14 (b) "Family or household member" means spouse, former
15 spouse, persons related by blood or marriage, persons who are
16 presently residing together, as if a family, or who have
17 resided together in the past, as if a family, and persons who
18 have a child in common regardless of whether they have been
19 married or have resided together at any time. With the
20 exception of persons who have a child in common, the family or
21 household members must be currently residing or have in the
22 past resided together in the same single dwelling unit.
23 Section 2. Subsections (1) and (3) of section 39.902,
24 Florida Statutes, are amended to read:
25 39.902 Definitions.--As used in this part, the term:
26 (1) "Domestic violence" means any assault, battery,
27 sexual assault, sexual battery, or any criminal offense
28 resulting in physical injury or death of one family or
29 household member by another who is or was residing in the same
30 single dwelling unit. With the exception of persons who have a
31 child in common, the family or household members must be
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Florida Senate - 2000 SB 708
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1 currently residing or have in the past resided together in the
2 same single dwelling unit.
3 (3) "Family or household member" means spouses, former
4 spouses, adults related by blood or marriage, persons who are
5 presently residing together as if a family or who have resided
6 together in the past as if a family, and persons who have a
7 child in common regardless of whether they have been married
8 or have resided together at any time. With the exception of
9 persons who have a child in common, the family or household
10 members must be currently residing or have in the past resided
11 together in the same single dwelling unit.
12 Section 3. Paragraphs (a) and (b) of subsection (1) of
13 section 90.5036, Florida Statutes, are amended to read:
14 90.5036 Domestic violence advocate-victim privilege.--
15 (1) For purposes of this section:
16 (a) A "domestic violence center" is any public or
17 private agency that offers assistance to victims of domestic
18 violence, as defined in s. 741.28, and their families, as its
19 primary mission, and is providing all the services mandated
20 under s. 39.905(1)(c).
21 (b) A "domestic violence advocate" means any employee
22 or volunteer who has 30 hours of training in assisting victims
23 of domestic violence and is an employee of or volunteer for a
24 program for victims of domestic violence center whose primary
25 purpose is the rendering of advice, counseling, or assistance
26 to victims of domestic violence.
27 Section 4. Subsections (1) and (2) of section 741.28,
28 Florida Statutes, are amended to read:
29 741.28 Domestic violence; definitions.--As used in ss.
30 741.28-741.31:
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Florida Senate - 2000 SB 708
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1 (1) "Domestic violence" means any assault, aggravated
2 assault, battery, aggravated battery, sexual assault, sexual
3 battery, stalking, aggravated stalking, kidnapping, false
4 imprisonment, or any criminal offense resulting in physical
5 injury or death of one family or household member by another
6 who is or was residing in the same single dwelling unit. With
7 the exception of persons who have a child in common, the
8 family or household members must be currently residing or have
9 in the past resided together in the same single dwelling unit.
10 (2) "Family or household member" means spouses, former
11 spouses, persons related by blood or marriage, persons who are
12 presently residing together as if a family or who have resided
13 together in the past as if a family, and persons who have a
14 child in common regardless of whether they have been married
15 or have resided together at any time. With the exception of
16 persons who have a child in common, the family or household
17 members must be currently residing or have in the past resided
18 together in the same single dwelling unit.
19 Section 5. Paragraph (c) of subsection (5) and
20 paragraph (d) of subsection (6) of section 741.30, Florida
21 Statutes, are amended to read:
22 741.30 Domestic violence; injunction; powers and
23 duties of court and clerk; petition; notice and hearing;
24 temporary injunction; issuance of injunction; statewide
25 verification system; enforcement.--
26 (5)
27 (c) Any such ex parte temporary injunction shall be
28 effective for a fixed period not to exceed 15 days. A full
29 hearing, as provided by this section, shall be set for a date
30 no later than the date when the temporary injunction ceases to
31 be effective. The court may grant a continuance of the hearing
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1 before or during a hearing for good cause shown by any party,
2 which shall include a continuance to obtain service of
3 process. Any injunction shall be extended if necessary to
4 remain in full force and effect during any period of
5 continuance. It is the intent of the Legislature that the
6 process of granting ex parte temporary injunctions protect
7 victims of domestic violence for as long as the victim is in
8 danger. Therefore, the Supreme Court is requested to adopt
9 rules to require extensions of an ex parte temporary
10 injunction in situations which include, but are not limited
11 to, those instances in which the petitioner has returned for
12 the full hearing, when the only basis for denying an extension
13 is the lack of service process.
14 (6)
15 (d) An injunction for protection against domestic
16 violence entered pursuant to this section, on its face, may
17 order that the respondent attend a batterers' intervention
18 program as a condition of the injunction. Unless the court
19 makes written factual findings in its judgment or order which
20 are based on substantial evidence, stating why batterers'
21 intervention programs would be inappropriate, the court shall
22 order the respondent to attend a batterers' intervention
23 program if:
24 1. It finds that the respondent willfully violated the
25 ex parte injunction;
26 2. The respondent, in this state or any other state,
27 has been convicted of, had adjudication withheld on, or pled
28 nolo contendere to a crime involving violence or a threat of
29 violence; or
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1 3. The respondent, in this state or any other state,
2 has had at any time a prior injunction for protection entered
3 against the respondent after a hearing with notice.
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5 The batterers' intervention program shall report to the court
6 a respondent's enrollment and failure to attend and
7 participate in the program. The Supreme Court is requested to
8 prescribe a standard process and a central contact point or
9 points within the circuit for determing enrollment and for
10 reporting to the court the failure of the respondent to attend
11 and participate in the program. This process may, but need
12 not, include the development of a form. A respondent's failure
13 to enroll in, attend, or participate in a court-ordered
14 batterers' intervention program is a violation of the
15 injunction for protection, subject to enforcement by the court
16 as provided in this section. It is mandatory that such
17 programs be certified under s. 741.32.
18 Section 6. Subsection (2) of section 943.171, Florida
19 Statutes, is amended to read:
20 943.171 Basic skills training in handling domestic
21 violence cases.--
22 (2) As used in this section, the term:
23 (a) "Domestic violence" means any assault, battery,
24 sexual assault, sexual battery, or any criminal offense
25 resulting in the physical injury or death of one family or
26 household member by another who is or was residing in the same
27 single dwelling unit. With the exception of persons who have a
28 child in common, the family or household members must be
29 currently residing or have in the past resided together in the
30 same single dwelling unit.
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Florida Senate - 2000 SB 708
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1 (b) "Household member" means spouse, former spouse,
2 persons related by blood or marriage, persons who are
3 presently residing together, as if a family, or who have
4 resided together in the past, as if a family, and persons who
5 have a child in common regardless of whether they have been
6 married or have resided together at any time. With the
7 exception of persons who have a child in common, the family or
8 household members must be currently residing or have in the
9 past resided together in the same single dwelling unit.
10 Section 7. The Office of State Court Administrator
11 shall examine the current practice of the courts with respect
12 to the determination of visitation and custody and the terms
13 of visitation and custody when an injunction for protection
14 has been ordered; the consideration of custody and visitation
15 in the injunction hearings; and the issuing of injunctions for
16 protection during a dissolution-of-marriage proceeding. Based
17 on the findings of this examination, the Office of State Court
18 Administrator shall develop recommendations for ensuring the
19 most appropriate consideration of custody and visitation
20 issues during the injunction process and of
21 injunction-for-protection issues during the
22 dissolution-of-marriage process. This examination and
23 development of recommendations must be conducted in
24 collaboration with the Department of Children and Family
25 Services, the Department of Community Affairs, the Department
26 of Revenue, the Florida Coalition Against Domestic Violence,
27 The Florida Bar, and any other interested organizations
28 identified by the Office of State Court Administrator. All
29 participants in this process shall attend meetings at their
30 own expense. A report of the recommendations shall be
31 submitted to the Governor, the President of the Senate, and
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Florida Senate - 2000 SB 708
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1 the Speaker of the House of Representatives by January 1,
2 2001.
3 Section 8. This act shall take effect July 1, 2000.
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6 SENATE SUMMARY
7 Redefines the terms "domestic violence," "domestic
violence center," "domestic violence advocate," and
8 "family or household member." Clarifies that
communications between a victim of domestic violence and
9 an employee or volunteer of a domestic violence center
are confidential even if the center has not been
10 certified if the center is working toward certification
under s. 39.905, F.S., and is providing all of the
11 services mandated under s. 39.905(1)(c), F.S. Provides
legislative intent that ex parte temporary injunctions
12 protect a victim as long as he or she is in danger.
Requests the Supreme Court to adopt rules to require
13 extensions of temporary injunctions. Requires batterers'
intervention programs to report a respondent's enrollment
14 and failure to attend and participate to the court
issuing the order to attend the program. Requests the
15 Supreme Court to prescribe a standard process for
determing enrollment and attendance. Requires the Office
16 of State Court Administrator to examine specified court
practices relating to domestic violence and make
17 recommendations to the Governor and Legislature. Provides
penalties for a respondent who fails to participate in a
18 batterer's intervention program.
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