Senate Bill sb0248

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    Florida Senate - 2001                                   SB 248

    By Senator Saunders





    25-180-01

  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         28.101, F.S.; increasing the fee charged by the

  7         clerk of the circuit court in dissolution of

  8         marriage cases; providing that the fee be

  9         deposited in the Domestic Violence Trust Fund;

10         amending s. 61.1825, F.S.; providing for

11         additional circumstances when a family violence

12         indicator must be placed on a record; amending

13         s. 741.281, F.S.; deleting requirement that a

14         court order certain defendants to attend a

15         batterers' intervention program; amending s.

16         741.30, F.S.; specifying when a person has

17         standing to file a petition for an injunction

18         against domestic violence; providing for

19         incidents that describe violence or threats of

20         violence; providing legislative intent that ex

21         parte temporary injunctions protect a victim as

22         long as he or she is in danger; requesting the

23         Supreme Court to adopt rules to require

24         extensions of temporary injunctions; specifying

25         when a court may grant relief; providing

26         factors for the court to consider in

27         determining imminent danger; requiring the

28         Batterers' Intervention Program to provide

29         notification of discharge; providing that

30         respondents must complete the Batterers'

31         Intervention Program if ordered; providing for

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  1         the court not to modify or dissolve an

  2         injunction unless failure to complete the

  3         Batterers' Intervention Program is justified;

  4         providing for recording of proceedings;

  5         directing the Office of State Court

  6         Administrator to examine and develop

  7         recommendations concerning certain court

  8         practices; providing for a report to the

  9         Governor and Legislature; providing an

10         effective date.

11

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

13

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

15  Statutes, is amended to read:

16         25.385  Standards for instruction of circuit and county

17  court judges in handling domestic violence cases.--

18         (2)  As used in this section:

19         (a)  The term "domestic violence" means any assault,

20  battery, sexual assault, sexual battery, or any criminal

21  offense resulting in physical injury or death of one family or

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

23  same single dwelling unit. With the exception of persons who

24  have a child in common, the family or household members must

25  be currently residing or have in the past resided together in

26  the same single dwelling unit.

27         (b)  "Family or household member" means spouse, former

28  spouse, persons related by blood or marriage, persons who are

29  presently residing together, as if a family, or who have

30  resided together in the past, as if a family, and persons who

31  have a child in common regardless of whether they have been

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  1  married or have resided together at any time. With the

  2  exception of persons who have a child in common, the family or

  3  household members must be currently residing or have in the

  4  past resided together in the same single dwelling unit.

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

  6  Florida Statutes, are amended to read:

  7         39.902  Definitions.--As used in this part, the term:

  8         (1)  "Domestic violence" means any assault, battery,

  9  sexual assault, sexual battery, or any criminal offense

10  resulting in physical injury or death of one family or

11  household member by another who is or was residing in the same

12  single dwelling unit. With the exception of persons who have a

13  child in common, the family or household members must be

14  currently residing or have in the past resided together in the

15  same single dwelling unit.

16         (3)  "Family or household member" means spouses, former

17  spouses, adults related by blood or marriage, persons who are

18  presently residing together as if a family or who have resided

19  together in the past as if a family, and persons who have a

20  child in common regardless of whether they have been married

21  or have resided together at any time. With the exception of

22  persons who have a child in common, the family or household

23  members must be currently residing or have in the past resided

24  together in the same single dwelling unit.

25         Section 3.  Subsections (1) and (2) of section 741.28,

26  Florida Statutes, are amended to read:

27         741.28  Domestic violence; definitions.--As used in ss.

28  741.28-741.31:

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

30  assault, battery, aggravated battery, sexual assault, sexual

31  battery, stalking, aggravated stalking, kidnapping, false

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  1  imprisonment, or any criminal offense resulting in physical

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

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

  4  the exception of persons who have a child in common, the

  5  family or household members must be currently residing or have

  6  in the past resided together in the same single dwelling unit.

  7         (2)  "Family or household member" means spouses, former

  8  spouses, persons related by blood or marriage, persons who are

  9  presently residing together as if a family or who have resided

10  together in the past as if a family, and persons who have a

11  child in common regardless of whether they have been married

12  or have resided together at any time. With the exception of

13  persons who have a child in common, the family or household

14  members must be currently residing or have in the past resided

15  together in the same single dwelling unit.

16         Section 4.  Subsection (2) of section 943.171, Florida

17  Statutes, is amended to read:

18         943.171  Basic skills training in handling domestic

19  violence cases.--

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

21         (a)  "Domestic violence" means any assault, battery,

22  sexual assault, sexual battery, or any criminal offense

23  resulting in the physical injury or death of one family or

24  household member by another who is or was residing in the same

25  single dwelling unit. With the exception of persons who have a

26  child in common, the family or household members must be

27  currently residing or have in the past resided together in the

28  same single dwelling unit.

29         (b)  "Household member" means spouse, former spouse,

30  persons related by blood or marriage, persons who are

31  presently residing together, as if a family, or who have

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  1  resided together in the past, as if a family, and persons who

  2  have a child in common regardless of whether they have been

  3  married or have resided together at any time. With the

  4  exception of persons who have a child in common, the family or

  5  household members must be currently residing or have in the

  6  past resided together in the same single dwelling unit.

  7         Section 5.  Paragraph (c) of subsection (1) of section

  8  28.101, Florida Statutes, is amended to read:

  9         28.101  Petitions and records of dissolution of

10  marriage; additional charges.--

11         (1)  When a party petitions for a dissolution of

12  marriage, in addition to the filing charges in s. 28.241, the

13  clerk shall collect and receive:

14         (c)  A charge of $36 $18.  On a monthly basis, the

15  clerk shall transfer the moneys collected pursuant to this

16  paragraph to the State Treasury for deposit in the Domestic

17  Violence Trust Fund.  Such funds which are generated shall be

18  directed to the Department of Children and Family Services for

19  the specific purpose of funding domestic violence centers.

20         Section 6.  Subsection (3) of section 61.1825, Florida

21  Statutes, is amended to read:

22         61.1825  State Case Registry.--

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

24  violence indicator must be placed on a record when:

25         1.  A party executes a sworn statement requesting that

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

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

28  of information to the Federal Case Registry may result in

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

30         2.  A temporary or final injunction for protection

31  against domestic violence has been granted pursuant to s.

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  1  741.30(6), an injunction for protection against domestic

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

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

  4  protection against repeat violence has been granted pursuant

  5  to s. 784.046; or

  6         3.  The department has received information on a Title

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

  8  Statewide Verification System, established pursuant to s.

  9  784.046(8)(b), that a court has granted a party a

10  domestic-violence or repeat-violence injunction.

11         (b)  Before the family violence indicator can be

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

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

14  issue of whether the disclosure will result in harm.

15         Section 7.  Section 741.281, Florida Statutes, is

16  amended to read:

17         741.281  Court to order batterers' intervention program

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

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

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

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

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

23  attend a batterers' intervention program as a condition of

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

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

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

27  of the program that the defendant attend a batterers'

28  intervention program. The court must impose the condition of

29  the batterers' intervention program for a defendant placed on

30  probation or pretrial diversion under this section, but the

31  court, in its discretion, may determine not to impose the

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  1  condition if it states on the record why a batterers'

  2  intervention program might be inappropriate.  It is preferred,

  3  but not mandatory, that such programs be certified under s.

  4  741.32. The imposition of probation under this section shall

  5  not preclude the court from imposing any sentence of

  6  imprisonment authorized by s. 775.082.

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

  8  section 741.30, Florida Statutes, are amended and subsection

  9  (10) is added to that section to read:

10         741.30  Domestic violence; injunction; powers and

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

12  temporary injunction; issuance of injunction; statewide

13  verification system; enforcement.--

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

15  injunction for protection against domestic violence.

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

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

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

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

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

21  sworn petition for an injunction for protection against

22  domestic violence.

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

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

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

26  cause of action shall be alleged in the petition.

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

28  under chapter 61, any orders entered therein shall take

29  precedence over any inconsistent provisions of an injunction

30  issued under this section which addresses matters governed by

31  chapter 61.

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

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

  3  or household to avoid domestic violence.

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

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

  6  precluded from seeking injunctive relief pursuant to this

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

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

  9  require that either party be represented by an attorney.

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

11  offers evidence or recommendations relating to the cause of

12  action must either present the evidence or recommendations in

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

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

15  at which all parties are present.

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

17  any real estate.

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

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

20  separate injunctions for protection against domestic violence

21  where each party has complied with the provisions of this

22  section. Compliance with the provisions of this section cannot

23  be waived.

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

25  of such domestic violence and shall include the specific facts

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

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

28  following form:

29

30                           PETITION FOR

31                    INJUNCTION FOR PROTECTION

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  1                    AGAINST DOMESTIC VIOLENCE

  2

  3  Before me, the undersigned authority, personally appeared

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

  5  following statements are true:

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

  7         (Petitioner may furnish address to the court in a

  8  separate confidential filing if, for safety reasons, the

  9  petitioner requires the location of the current residence to

10  be confidential.)

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

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

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

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

15         Race....

16         Sex....

17         Date of birth....

18         Height....

19         Weight....

20         Eye color....

21         Hair color....

22         Distinguishing marks or scars....

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

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

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

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

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

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

29  child in common, regardless of whether the petitioner and

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

31  family.

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

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

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

  4         The petitioner should also describe any previous or

  5  pending attempts by the petitioner to obtain an injunction for

  6  protection against domestic violence in this or any other

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

  8  ..............................................................

  9  Case numbers should be included if available.

10         (h)  Petitioner is either a victim of domestic violence

11  has suffered or has reasonable cause to fear imminent domestic

12  violence because respondent has (check off all that apply and

13  describe in the spaces below the incidents of violence or

14  threats of violence, specifying when and where they occurred,

15  including locations such as a home, school, place of

16  employment, or visitation exchange): .........................

17         ....committed or threatened to commit domestic violence

18  defined in s. 741.28 as any assault, aggravated assault,

19  battery, aggravated battery, sexual assault, sexual battery,

20  stalking, aggravated stalking, kidnapping, false imprisonment,

21  or any criminal offense resulting in physical injury or death

22  of one family or household member by another who is or was

23  residing in the same single dwelling unit;

24         ....previously threatened, harassed, stalked, or

25  physically abused the petitioner;

26         ....attempted to harm the petitioner or family members

27  or individuals associated with the petitioner;

28         ....threatened to conceal, kidnap, or harm the

29  petitioner's child(ren);

30         ....intentionally injured or killed a family pet;

31

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  1         ....used, or has threatened to use against the

  2  petitioner any weapons such as guns or knives;

  3         ....physically restrained the petitioner from leaving

  4  the home or calling law enforcement;

  5         ....a criminal history involving violence or the threat

  6  of violence (if known);

  7         ....another order of protection issued against him or

  8  her previously or from another jurisdiction (if known);

  9         ....engaged in any other behavior or conduct that leads

10  the petitioner to believe he or she is in danger of becoming a

11  victim of domestic violence.

12         (i)  Petitioner alleges the following additional

13  specific facts: (mark appropriate sections)

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

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

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

17  of the dwelling that the parties share.

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

19  housing because: .............................................

20         ....Petitioner genuinely fears that respondent

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

22  children from petitioner because: ............................

23  ..............................................................

24         (j)  Petitioner genuinely fears imminent domestic

25  violence by respondent.

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

27  section or sections)

28         ....Immediately restraining the respondent from

29  committing any acts of domestic violence.

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

31  of domestic violence.

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  1         ....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         ....Awarding temporary custody of, or temporary

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

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

  7  which is supervised by a third party.

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

  9  or children or the petitioner.

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

11  batterers' intervention program or other treatment pursuant to

12  s. 39.901.

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

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

15  children of the victim, including any injunctions or

16  directives to law enforcement agencies.

17         (c)  Every petition for an injunction against domestic

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

19  statement in all capital letters and bold type not smaller

20  than the surrounding text, as follows:

21

22         I HAVE READ EVERY STATEMENT MADE IN THIS

23         PETITION AND EACH STATEMENT IS TRUE AND

24         CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE

25         IN THIS PETITION ARE BEING MADE UNDER PENALTY

26         OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION

27         837.02, FLORIDA STATUTES.

28                                        ...(initials)...

29

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

31  custody or visitation with regard to the minor child or

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  1  children of the parties, the sworn petition shall be

  2  accompanied by or shall incorporate the allegations required

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

  4         (5)(a)  When it appears to the court that a petitioner

  5  is either a victim an immediate and present danger of domestic

  6  violence or has reasonable cause to believe that he or she is

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

  8  domestic violence exists, the court may grant a temporary

  9  injunction ex parte, pending a full hearing, and may grant

10  such relief as the court deems proper, including an

11  injunction:

12         1.  Restraining the respondent from committing any acts

13  of domestic violence.

14         2.  Awarding to the petitioner the temporary exclusive

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

16  excluding the respondent from the residence of the petitioner.

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

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

19  a minor child or children.

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

21  such ex parte temporary injunction, no evidence other than

22  verified pleadings or affidavits shall be used as evidence,

23  unless the respondent appears at the hearing or has received

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

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

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

27  no appearance of an immediate and present danger of domestic

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

29  for injunction with notice at the earliest possible time.

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

31

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

  2  consistent with the Florida Rules of Civil Procedure.

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

  4  effective for a fixed period not to exceed 15 days. A full

  5  hearing, as provided by this section, shall be set for a date

  6  no later than the date when the temporary injunction ceases to

  7  be effective. The court may grant a continuance of the hearing

  8  before or during a hearing for good cause shown by any party,

  9  which shall include a continuance to obtain service of

10  process. Any injunction shall be extended if necessary to

11  remain in full force and effect during any period of

12  continuance. It is the intent of the Legislature that the

13  process of granting ex parte temporary injunctions protect

14  victims of domestic violence for as long as the victim is in

15  danger. Therefore, the Supreme Court is requested to adopt

16  rules to require extensions of an ex parte temporary

17  injunction in situations that include, but are not limited to,

18  those instances in which the petitioner has returned for the

19  full hearing and the only basis for denying an extension is

20  the lack of service process.

21         (d)  Prior to a full hearing or upon motion or request

22  of a party after a full hearing, a court, or its

23  representatives, may not refer any case to mediation or any

24  alternative dispute resolution.

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

26  court that the petitioner is either the victim of domestic

27  violence as defined by section 741.28, or has reasonable cause

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

29  victim of domestic violence, the court may grant such relief

30  as the court deems proper, including an injunction:

31

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  1         1.  Restraining the respondent from committing any acts

  2  of domestic violence.

  3         2.  Awarding to the petitioner the exclusive use and

  4  possession of the dwelling that the parties share or excluding

  5  the respondent from the residence of the petitioner.

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

  7  awarding temporary custody of, or temporary visitation rights

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

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

10  establishing temporary support for a minor child or children

11  or the petitioner.

12         5.  Ordering the respondent to participate in

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

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

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

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

17  respondent with a list of all certified batterers'

18  intervention programs and all programs which have submitted an

19  application to the Department of Corrections to become

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

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

22  certified batterers' intervention programs in the circuit, the

23  court shall provide a list of acceptable programs from which

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

25         6.  Referring a petitioner to a certified domestic

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

27  list of certified domestic violence centers in the circuit

28  which the petitioner may contact.

29         7.  Ordering such other relief as the court deems

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

31

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  1  including injunctions or directives to law enforcement

  2  agencies, as provided in this section.

  3         (b)  In determining whether a petitioner has reasonable

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

  5  victim of domestic violence, the court shall consider and

  6  evaluate all relevant factors alleged in the petition,

  7  including, but not limited to:

  8         1.  The history between the petitioner and the

  9  respondent, including threats, harassment, stalking, and

10  physical abuse;

11         2.  Whether the respondent has attempted to harm the

12  petitioner or family members or individuals associated with

13  the petitioner;

14         3.  Whether the respondent has threatened to conceal,

15  kidnap, or harm the petitioner's child or children;

16         4.  Whether the respondent has intentionally injured or

17  killed a family pet;

18         5.  Whether the respondent has used, or has threatened

19  to use, against the petitioner any weapons such as guns or

20  knives;

21         6.  Whether the respondent has physically restrained

22  the petitioner from leaving the home or calling law

23  enforcement;

24         7.  Whether the respondent has a criminal history

25  involving violence or the threat of violence;

26         8.  The existence of a verifiable order of protection

27  issued previously or from another jurisdiction; and

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

29  to believe that the petitioner is in danger of becoming a

30  victim of domestic violence.

31

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  1  In making its determination under this section, the court may

  2  not deny relief based solely on the absence of any or all of

  3  the factors enumerated in subparagraphs 1.-9.

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

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

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

  7  shall remain in effect until modified or dissolved. Either

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

  9  injunction. No specific allegations are required. A party may

10  not seek de novo review of the domestic violence allegations

11  considered by the court at the hearing on the final judgment

12  of injunction. Such relief may be granted in addition to other

13  civil or criminal remedies.

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

15  protection against domestic violence entered pursuant to this

16  section shall, on its face, indicate that:

17         1.  The injunction is valid and enforceable in all

18  counties of the State of Florida.

19         2.  Law enforcement officers may use their arrest

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

21  injunction.

22         3.  The court had jurisdiction over the parties and

23  matter under the laws of Florida and that reasonable notice

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

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

26  right to due process.

27         4.  The date respondent was served with the temporary

28  or final order, if obtainable.

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

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

31  order that the respondent attend a batterers' intervention

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    Florida Senate - 2001                                   SB 248
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  1  program as a condition of the injunction. Unless the court

  2  makes written factual findings in its judgment or order which

  3  are based on substantial evidence, stating why batterers'

  4  intervention programs would be inappropriate, the court shall

  5  order the respondent to attend a batterers' intervention

  6  program if:

  7         1.  It finds that the respondent willfully violated the

  8  ex parte injunction;

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

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

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

12  violence; or

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

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

15  against the respondent after a hearing with notice.

16

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

18  741.32.

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

20  granted to each opposing party shall not be legally sufficient

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

22  parties are equally at fault or equally endangered.

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

24  against domestic violence entered pursuant to this section

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

26  790.233, and a first degree misdemeanor, for the respondent to

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

28  firearm or ammunition.

29         (h)  All proceedings under this subsection are to be

30  recorded if the court chooses to provide for the recording and

31  has adequate existing court resources for any associated

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  1  costs. Recording may be by electronic means as provided by the

  2  Rules of Judicial Administration. If the means to record the

  3  proceedings are not available, the parties must be notified

  4  prior to the full hearing.

  5         Section 9.  The Office of State Court Administrator

  6  shall examine the current practice of the courts with respect

  7  to the determination of visitation and custody and the terms

  8  of visitation and custody when an injunction for protection

  9  has been ordered; the consideration of custody and visitation

10  in the injunction hearings; and the issuing of injunctions for

11  protection during a dissolution-of-marriage proceeding. Based

12  on the findings of this examination, the Office of State Court

13  Administrator shall develop recommendations for ensuring the

14  most appropriate consideration of custody and visitation

15  issues during the injunction process and of

16  injunction-for-protection issues during the

17  dissolution-of-marriage process. This examination and

18  development of recommendations must be conducted in

19  collaboration with the Department of Children and Family

20  Services, the Department of Community Affairs, the Department

21  of Revenue, the Florida Sheriffs Association, the Florida

22  Coalition Against Domestic Violence, the Family Law Section of

23  The Florida Bar, and any other interested organizations

24  identified by the Office of State Court Administrator. All

25  participants in this process must attend meetings at their own

26  expense. A report of the recommendations must be submitted to

27  the Governor, the President of the Senate, and the Speaker of

28  the House of Representatives by January 1, 2002.

29         Section 10.  This act shall take effect July 1, 2001.

30

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  2                          SENATE SUMMARY

  3    Redefines the terms "domestic violence" and "family or
      household member." Increases to $36 the fee that the
  4    clerk of the circuit court collects in dissolution of
      marriage cases which is to be deposited in the Domestic
  5    Violence Trust fun. Provides additional circumstances
      under which a family violence indicator must be placed on
  6    a record. Deletes the requirements that a court order a
      defendant to attend a batterers' intervention program if
  7    the person is admitted to a pretrial diversion program
      and has been charged with an act of domestic violence.
  8    Specifies when a person has standing to file a petition
      for an injunction against domestic violence. Provides for
  9    incidents that describe violence or threats of violence.
      Provides legislative intent that ex parte temporary
10    injunctions protect a victim as long as he or she is in
      danger. Requests the Supreme Court to adopt rules to
11    require extensions of temporary injunctions. Specifies
      when a court may grant relief. Provides factors for the
12    court to consider in determining imminent danger.
      Provides for recording of proceedings if the court so
13    orders. Directs the Office of State Court Administrator
      to examine and develop current practices of the courts
14    relating to visitation and custody and dissolution
      proceedings when an injunction for protection has been
15    ordered. Provides for a report to the Governor and the
      Legislature.
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