House Bill hb1673e2

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                                     HB 1673, Second Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to acts of violence; providing

  3         a short title; amending s. 39.301, F.S.;

  4         requiring that staff who conduct child

  5         protective investigations receive training on

  6         removing a perpetrator of domestic violence

  7         from the home by use of injunction; creating s.

  8         741.283, F.S.; requiring that the court order a

  9         person to serve a minimum term of imprisonment

10         as part of any sentence imposed for an offense

11         of domestic violence that intentionally caused

12         bodily harm to another person; providing an

13         exception if the person is incarcerated for

14         such offense; amending s. 784.03, F.S.;

15         providing that a person commits felony battery

16         if the offense is a second or subsequent

17         conviction of any type of battery offense;

18         creating s. 938.08, F.S.; requiring that the

19         court impose an additional surcharge for any

20         offense of domestic violence and other assault,

21         battery, and stalking offenses; providing for

22         deposit of a portion of the surcharge into the

23         Domestic Violence Trust Fund; providing for the

24         clerk of the court to retain a service charge;

25         requiring that a portion of the surcharge be

26         used to train law enforcement personnel in

27         combating domestic violence; amending s.

28         948.03, F.S.; requiring that a person convicted

29         of an offense of domestic violence complete a

30         batterers' intervention program; requiring that

31         the offender pay the cost of attending the


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                                     HB 1673, Second Engrossed/ntc



  1         program; amending s. 741.01, F.S.; authorizing

  2         the Executive Office of the Governor to use a

  3         specified amount from the Domestic Violence

  4         Trust Fund to fund a public-awareness campaign

  5         on domestic violence; amending s. 741.281,

  6         F.S.; requiring the court to impose the

  7         batterers' intervention program as a condition

  8         of probation; providing for an exception;

  9         requiring that the batterers' intervention

10         program be certified; providing an effective

11         date.

12

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

14

15         Section 1.  This act may be cited as the "Family

16  Protection Act."

17         Section 2.  Paragraph (f) of subsection (9) of section

18  39.301, Florida Statutes, is amended to read:

19         39.301  Initiation of protective investigations.--

20         (9)  For each report it receives, the department shall

21  perform an onsite child protective investigation that includes

22  a face-to-face interview with the child, other siblings,

23  parents, and other adults in the household and an onsite

24  assessment of the child's residence in order to:

25         (f)  Determine the protective, treatment, and

26  ameliorative services necessary to safeguard and ensure the

27  child's safety and well-being and development, and cause the

28  delivery of those services through the early intervention of

29  the department or its agent. The training provided to staff

30  members who conduct child protective investigations must

31  include instruction on how and when to use the injunction


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                                     HB 1673, Second Engrossed/ntc



  1  process under s. 39.504 or s. 741.30 to remove a perpetrator

  2  of domestic violence from the home as an intervention to

  3  protect the child.

  4         Section 3.  Section 741.283, Florida Statutes, is

  5  created to read:

  6         741.283  Minimum term of imprisonment for domestic

  7  violence.--If a person is adjudicated guilty of a crime of

  8  domestic violence, as defined in s. 741.28, and the person has

  9  intentionally caused bodily harm to another person, the court

10  shall order the person to serve a minimum of 5 days in the

11  county jail as part of the sentence imposed, unless the court

12  sentences the person to a nonsuspended period of incarceration

13  in a state correctional facility. This section does not

14  preclude the court from sentencing the person to probation,

15  community control, or an additional period of incarceration.

16         Section 4.  Section 784.03, Florida Statutes, is

17  amended to read:

18         784.03  Battery; felony battery.--

19         (1)(a)  The offense of battery occurs when a person:

20         1.  Actually and intentionally touches or strikes

21  another person against the will of the other; or

22         2.  Intentionally causes bodily harm to another person.

23         (b)  Except as provided in subsection (2), a person who

24  commits battery commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         (2)  A person who has one two prior conviction

27  convictions for battery, aggravated battery, or felony battery

28  and who commits any second a third or subsequent battery

29  commits a felony of the third degree, punishable as provided

30  in s. 775.082, s. 775.083, or s. 775.084. For purposes of this

31  subsection, "conviction" means a determination of guilt that


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                                     HB 1673, Second Engrossed/ntc



  1  is the result of a plea or a trial, regardless of whether

  2  adjudication is withheld or a plea of nolo contendere is

  3  entered.

  4         Section 5.  Section 938.08, Florida Statutes, is

  5  created to read:

  6         938.08  Additional cost to fund programs in domestic

  7  violence.--In addition to any sanction imposed for a violation

  8  of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045,

  9  s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.

10  784.083, s. 784.085, 794.011, or for any offense of domestic

11  violence described in s. 741.28, the court shall impose a

12  surcharge of $201. Payment of the surcharge shall be a

13  condition of probation, community control, or any other

14  court-ordered supervision. The sum of $85 of the surcharge

15  shall be deposited into the Domestic Violence Trust Fund

16  established in s. 741.01. The clerk of the court shall retain

17  $1 of each surcharge that the clerk of the court collects as a

18  service charge of the clerk's office. The remainder of the

19  surcharge shall be provided to the governing board of the

20  county and must be used only to defray the costs of

21  incarcerating persons sentenced under s. 741.283 and provide

22  additional training to law enforcement personnel in combating

23  domestic violence.

24         Section 6.  Subsection (12) is added to section 948.03,

25  Florida Statutes, to read:

26         948.03  Terms and conditions of probation or community

27  control.--

28         (12)  As a condition of probation, community control,

29  or any other court-ordered community supervision, the court

30  shall order a person convicted of an offense of domestic

31  violence, as defined in s. 741.28, to attend and successfully


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                                     HB 1673, Second Engrossed/ntc



  1  complete a batterers' intervention program unless the court

  2  determines that the person does not qualify for the batterers'

  3  intervention program pursuant to s. 741.325. Effective July 1,

  4  2002, the batterers' intervention program must be a program

  5  certified under s. 741.32 and the offender must pay the cost

  6  of attending the program.

  7         Section 7.  Subsection (2) of section 741.01, Florida

  8  Statutes, is amended to read:

  9         741.01  County court judge or clerk of the circuit

10  court to issue marriage license; fee.--

11         (2)  The fee charged for each marriage license issued

12  in the state shall be increased by the sum of $30.  This fee

13  shall be collected upon receipt of the application for the

14  issuance of a marriage license.  The Executive Office of the

15  Governor shall establish a Domestic Violence Trust Fund for

16  the purpose of collecting and disbursing funds generated from

17  the increase in the marriage license fee.  Such funds which

18  are generated shall be directed to the Department of Children

19  and Family Services for the specific purpose of funding

20  domestic violence centers, and the funds shall be appropriated

21  in a "grants-in-aid" category to the Department of Children

22  and Family Services for the purpose of funding domestic

23  violence centers. From the proceeds of the surcharge deposited

24  into the Domestic Violence Trust Fund as required under s.

25  938.08, the Executive Office of the Governor may spend up to

26  $500,000 each year for the purpose of administering a

27  statewide public-awareness campaign regarding domestic

28  violence.

29         Section 8.  Section 741.281, Florida Statutes, is

30  amended to read:

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                                     HB 1673, Second Engrossed/ntc



  1         741.281  Court to order batterers' intervention program

  2  attendance.--If a person is found guilty of, has had

  3  adjudication withheld on, or has pled nolo contendere to a

  4  crime of domestic violence, as defined in s. 741.28, that

  5  person shall be ordered by the court to a minimum term of 1

  6  year's probation and the court shall order that the defendant

  7  attend a batterers' intervention program as a condition of

  8  probation.  If a person is admitted to a pretrial diversion

  9  program and has been charged with an act of domestic violence,

10  as defined in s. 741.28, the court shall order as a condition

11  of the program that the defendant attend a batterers'

12  intervention program. The court must impose the condition of

13  the batterers' intervention program for a defendant admitted

14  to placed on probation or pretrial diversion under this

15  section, but the court, in its discretion, may determine not

16  to impose the condition if it states on the record why a

17  batterers' intervention program might be inappropriate.  The

18  court must impose the condition of the batterers' intervention

19  program for a defendant placed on probation unless the court

20  determines that the person does not qualify for the batterers'

21  intervention program pursuant to s. 741.325. Effective July 1,

22  2002, the batterers' intervention program must It is

23  preferred, but not mandatory, that such programs be a

24  certified program under s. 741.32. The imposition of probation

25  under this section shall not preclude the court from imposing

26  any sentence of imprisonment authorized by s. 775.082.

27         Section 9.  This act shall take effect July 1, 2001.

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