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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    Florida Senate - 2000                                   SB 708
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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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    Florida Senate - 2000                                   SB 708
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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.

  4

  5            *****************************************

  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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