Senate Bill sb0108

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    Florida Senate - 2003                                   SB 108

    By Senator Saunders





    37-145-03

  1                      A bill to be entitled

  2         An act relating to protective injunctions;

  3         amending s. 784.046, F.S.; deleting the

  4         definition of the term "repeat violence" for

  5         purposes of protective injunctions; providing

  6         for an injunction for protection in cases of

  7         violence rather than in cases of repeat

  8         violence; providing requirements for a petition

  9         for protection against violence; redesignating

10         the Domestic, Dating, and Repeat Violence

11         Injunction Statewide Verification System in the

12         Department of Law Enforcement as the "Domestic,

13         Dating, and Violence Injunction Statewide

14         Verification System"; providing for service of

15         process and enforcement of an injunction for

16         protection against violence; amending s.

17         784.047, F.S.; providing that it is a

18         first-degree misdemeanor to violate an

19         injunction for protection against violence;

20         amending ss. 61.1825, 741.2901, 741.30, F.S.,

21         relating to the State Case Registry and

22         domestic violence; conforming provisions to

23         changes made by the act; amending s. 784.048,

24         F.S.; revising the elements of the offense of

25         aggravated stalking to prohibit certain acts

26         following an injunction for protection against

27         violence rather than following an injunction

28         for protection against repeat violence;

29         amending ss. 790.06, 790.065, F.S., relating to

30         a license to carry a concealed weapon or

31         firearm and the sale and delivery of firearms;

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  1         conforming provisions to changes made by the

  2         act; amending s. 901.15, F.S.; authorizing

  3         arrest without a warrant when an officer has

  4         probable cause to believe that a person has

  5         knowingly committed an act of violence in

  6         violation of an injunction for protection from

  7         violence; amending s. 943.05, F.S., relating to

  8         the Criminal Justice Information Program;

  9         conforming provisions to changes made by the

10         act; reenacting ss. 775.084(1)(d),

11         921.0022(3)(g), F.S., relating to violent

12         career criminals and the offense severity

13         ranking chart of the Criminal Punishment Code,

14         to incorporate the amendment to s. 784.048,

15         F.S., in references thereto; providing an

16         effective date.

17

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

19

20         Section 1.  Section 784.046, Florida Statutes, is

21  amended to read:

22         784.046  Action by victim of repeat violence or dating

23  violence for protective injunction; powers and duties of court

24  and clerk of court; filing and form of petition; notice and

25  hearing; temporary injunction; issuance; statewide

26  verification system; enforcement.--

27         (1)  As used in this section, the term:

28         (a)  "Violence" means any assault, aggravated assault,

29  battery, aggravated battery, sexual assault, sexual battery,

30  stalking, aggravated stalking, kidnapping, or false

31

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  1  imprisonment, or any criminal offense resulting in physical

  2  injury or death, by a person against any other person.

  3         (b)  "Repeat violence" means two incidents of violence

  4  or stalking committed by the respondent, one of which must

  5  have been within 6 months of the filing of the petition, which

  6  are directed against the petitioner or the petitioner's

  7  immediate family member.

  8         (b)(c)  "Dating violence" means violence between

  9  individuals who have or have had a continuing and significant

10  relationship of a romantic or intimate nature. The existence

11  of such a relationship shall be determined based on the

12  consideration of the following factors:

13         1.  A dating relationship must have existed within the

14  past 6 months;

15         2.  The nature of the relationship must have been

16  characterized by the expectation of affection or sexual

17  involvement between the parties; and

18         3.  The frequency and type of interaction between the

19  persons involved in the relationship must have included that

20  the persons have been involved over time and on a continuous

21  basis during the course of the relationship.

22

23  The term does not include violence in a casual

24  acquaintanceship or violence between individuals who only have

25  engaged in ordinary fraternization in a business or social

26  context.

27         (2)  There is created a cause of action for an

28  injunction for protection in cases of repeat violence, and

29  there is created a separate cause of action for an injunction

30  for protection in cases of dating violence.

31

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  1         (a)  Any person who is the victim of repeat violence

  2  and who has reasonable cause to believe that he or she is in

  3  imminent danger of becoming the victim of another act of

  4  violence, any person who has reasonable cause to believe that

  5  he or she is in imminent danger of becoming the victim of an

  6  act of violence, or the parent or legal guardian of any minor

  7  child who is living at home and who seeks an injunction for

  8  protection against repeat violence on behalf of the minor

  9  child has standing in the circuit court to file a sworn

10  petition for an injunction for protection against repeat

11  violence.

12         (b)  Any person who is the victim of dating violence

13  and has reasonable cause to believe he or she is in imminent

14  danger of becoming the victim of another act of dating

15  violence, or any person who has reasonable cause to believe he

16  or she is in imminent danger of becoming the victim of an act

17  of dating violence, or the parent or legal guardian of any

18  minor child who is living at home and who seeks an injunction

19  for protection against dating violence on behalf of that minor

20  child, has standing in the circuit court to file a sworn

21  petition for an injunction for protection against dating

22  violence.

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

24  sought whether or not any other petition, complaint, or cause

25  of action is currently available or pending between the

26  parties.

27         (d)  This cause of action for an injunction does shall

28  not require that the petitioner be represented by an attorney.

29         (3)(a)  The clerk of the court shall provide a copy of

30  this section, simplified forms, and clerical assistance for

31

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  1  the preparation and filing of such a petition by any person

  2  who is not represented by counsel.

  3         (b)  If In the event the person desiring to file for an

  4  injunction pursuant to this section does not have sufficient

  5  funds with which to pay filing fees to the clerk of the court

  6  or service fees to the sheriff or law enforcement agency and

  7  signs an affidavit so stating, the fees shall be waived by the

  8  clerk of the court or the sheriff or law enforcement agency to

  9  the extent necessary to process the petition and serve the

10  injunction, subject to a subsequent order of the court

11  relative to the payment of such fees.

12         (c)  No bond shall be required by The court may not

13  require a bond for the entry of an injunction.

14         (d)  The clerk of the court shall provide the

15  petitioner with a certified copy of any injunction for

16  protection against repeat violence or dating violence entered

17  by the court.

18         (4)(a)  The sworn petition must shall allege the

19  incidents of repeat violence or dating violence and must shall

20  include the specific facts and circumstances that which form

21  the basis upon which relief is sought. With respect to a minor

22  child who is living at home, the parent or legal guardian of

23  the minor child must have been an eyewitness to, or have

24  direct physical evidence or affidavits from eyewitnesses of,

25  the specific facts and circumstances that which form the basis

26  upon which relief is sought.

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

28  the following form:

29

30              PETITION FOR INJUNCTION FOR PROTECTION

31            AGAINST REPEAT VIOLENCE OR DATING VIOLENCE

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  1

  2         Before me, the undersigned authority, personally

  3  appeared Petitioner ...(Name)..., who has been sworn and says

  4  that the following statements are true:

  5

  6         1.  Petitioner resides at ...(address)...

  7         2.  Respondent resides at ...(address)...

  8         3.a.  Petitioner is a victim of violence and has

  9  reasonable cause to believe that he or she is in imminent

10  danger of becoming the victim of another act of violence or

11  has reasonable cause to believe that he or she is in imminent

12  danger of becoming a victim of has suffered repeat violence,

13  as demonstrated by the fact that the respondent has:

14  ...(enumerate incidents of violence)...

15

16                   ............................

17                   ............................

18                   ............................

19

20         b.  Petitioner is a victim of dating violence and has

21  reasonable cause to believe that he or she is in imminent

22  danger of becoming the victim of another act of dating

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

24  in imminent danger of becoming a victim of dating violence, as

25  demonstrated by the fact that the respondent has: ...(list the

26  specific incident or incidents of violence and describe the

27  length of time of the relationship, whether it has been in

28  existence during the last 6 months, the nature of the

29  relationship of a romantic or intimate nature, the frequency

30  and type of interaction, and any other facts that characterize

31  the relationship.)...

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  1

  2                   ............................

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

  4                   ............................

  5

  6         4.  Petitioner genuinely fears repeat violence by the

  7  respondent.

  8         5.  Petitioner seeks: an immediate injunction against

  9  the respondent, enjoining him or her from committing any

10  further acts of violence; an injunction enjoining the

11  respondent from committing any further acts of violence; and

12  an injunction providing any terms the court deems necessary

13  for the protection of the petitioner and the petitioner's

14  immediate family, including any injunctions or directives to

15  law enforcement agencies.

16

17         (5)  Upon the filing of the petition, the court shall

18  set a hearing to be held at the earliest possible time. The

19  respondent shall be personally served with a copy of the

20  petition, notice of hearing, and temporary injunction, if any,

21  prior to the hearing.

22         (6)(a)  When it appears to the court that an immediate

23  and present danger of violence exists, the court may grant a

24  temporary injunction, which may be granted in an ex parte

25  hearing, pending a full hearing, and may grant such relief as

26  the court deems proper, including an injunction enjoining the

27  respondent from committing any acts of violence.

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

29  such temporary injunction, no evidence other than the verified

30  pleading or affidavit may not shall be used as evidence,

31

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  1  unless the respondent appears at the hearing or has received

  2  reasonable notice of the hearing.

  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 ex

  8  parte injunction and the full hearing before or during a

  9  hearing, for good cause shown by any party.

10         (7)(a)  Upon notice and hearing, the court may grant

11  such relief as the court deems proper, including an

12  injunction:

13         1.(a)  Enjoining the respondent from committing any

14  acts of violence.

15         2.(b)  Ordering such other relief as the court deems

16  necessary for the protection of the petitioner, including

17  injunctions or directives to law enforcement agencies, as

18  provided in this section.

19         (b)(c)  The terms of the injunction shall remain in

20  full force and effect until modified or dissolved. Either

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

22  injunction. Such relief may be granted in addition to other

23  civil or criminal remedies.

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

25  protection against repeat violence or dating violence entered

26  pursuant to this section shall, on its face, indicate that:

27         1.  The injunction is valid and enforceable in all

28  counties of the State of Florida.

29         2.  Law enforcement officers may use their arrest

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

31  injunction.

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  1         3.  The court had jurisdiction over the parties and

  2  matter under the laws of Florida and that reasonable notice

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

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

  5  right to due process.

  6         4.  The date that the respondent was served with the

  7  temporary or final order, if obtainable.

  8         (8)(a)1.  The clerk of the court shall furnish a copy

  9  of the petition, notice of hearing, and temporary injunction,

10  if any, to the sheriff or a law enforcement agency of the

11  county where the respondent resides or can be found, who shall

12  serve it upon the respondent as soon thereafter as possible on

13  any day of the week and at any time of the day or night. The

14  clerk of the court shall be responsible for furnishing to the

15  sheriff such information on the respondent's physical

16  description and location as is required by the department to

17  comply with the verification procedures set forth in this

18  section. Notwithstanding any other provision of law to the

19  contrary, the chief judge of each circuit, in consultation

20  with the appropriate sheriff, may authorize a law enforcement

21  agency within the chief judge's jurisdiction to effect this

22  type of service and to receive a portion of the service fee.

23  No person shall be authorized or permitted to serve or execute

24  an injunction issued under this section unless the person is a

25  law enforcement officer as defined in chapter 943.

26         2.  When an injunction is issued, if the petitioner

27  requests the assistance of a law enforcement agency, the court

28  may order that an officer from the appropriate law enforcement

29  agency accompany the petitioner and assist in the execution or

30  service of the injunction. A law enforcement officer shall

31  accept a copy of an injunction for protection against repeat

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  1  violence or dating violence, certified by the clerk of the

  2  court, from the petitioner and immediately serve it upon a

  3  respondent who has been located but not yet served.

  4         (b)  There shall be created a Domestic, Dating, and

  5  Repeat Violence Injunction Statewide Verification System

  6  within the Department of Law Enforcement. The department shall

  7  establish, implement, and maintain a statewide communication

  8  system capable of electronically transmitting information to

  9  and between criminal justice agencies relating to domestic

10  violence injunctions, dating violence injunctions, and repeat

11  violence injunctions issued by the courts throughout the

12  state. Such information must include, but is not limited to,

13  information as to the existence and status of any injunction

14  for verification purposes.

15         (c)1.  Within 24 hours after the court issues an

16  injunction for protection against repeat violence or dating

17  violence or changes or vacates an injunction for protection

18  against repeat violence or dating violence, the clerk of the

19  court must forward a copy of the injunction to the sheriff

20  with jurisdiction over the residence of the petitioner.

21         2.  Within 24 hours after service of process of an

22  injunction for protection against repeat violence or dating

23  violence upon a respondent, the law enforcement officer must

24  forward the written proof of service of process to the sheriff

25  with jurisdiction over the residence of the petitioner.

26         3.  Within 24 hours after the sheriff receives a

27  certified copy of the injunction for protection against repeat

28  violence or dating violence, the sheriff must make information

29  relating to the injunction available to other law enforcement

30  agencies by electronically transmitting such information to

31  the department.

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  1         4.  Within 24 hours after the sheriff or other law

  2  enforcement officer has made service upon the respondent and

  3  the sheriff has been so notified, the sheriff must make

  4  information relating to the service available to other law

  5  enforcement agencies by electronically transmitting such

  6  information to the department.

  7         5.  Within 24 hours after an injunction for protection

  8  against repeat violence or dating violence is lifted,

  9  terminated, or otherwise rendered no longer effective by

10  ruling of the court, the clerk of the court must notify the

11  sheriff or local law enforcement agency receiving original

12  notification of the injunction as provided in subparagraph 2.

13  That agency shall, within 24 hours after receiving such

14  notification from the clerk of the court, notify the

15  department of such action of the court.

16         (9)(a)  The court shall enforce, through a civil or

17  criminal contempt proceeding, a violation of an injunction for

18  protection. The court may enforce the respondent's compliance

19  with the injunction by imposing a monetary assessment. The

20  clerk of the court shall collect and receive such assessments.

21  On a monthly basis, the clerk shall transfer the moneys

22  collected pursuant to this paragraph to the State Treasury for

23  deposit in the Crimes Compensation Trust Fund established in

24  s. 960.21.

25         (b)  If the respondent is arrested by a law enforcement

26  officer under s. 901.15(10) for committing an act of repeat

27  violence or dating violence in violation of a violence repeat

28  or dating violence injunction for protection, the respondent

29  shall be held in custody until brought before the court as

30  expeditiously as possible for the purpose of enforcing the

31  injunction and for admittance to bail in accordance with

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  1  chapter 903 and the applicable rules of criminal procedure,

  2  pending a hearing.

  3         (10)  The petitioner or the respondent may move the

  4  court to modify or dissolve an injunction at any time.

  5         (11)  A law enforcement officer acting in good faith

  6  under this section and the officer's employing agency shall be

  7  immune from all liability, civil or criminal, that might

  8  otherwise be incurred or imposed by reason of the officer's or

  9  agency's actions in carrying out the provisions of this

10  section.

11         Section 2.  Section 784.047, Florida Statutes, is

12  amended to read:

13         784.047  Penalties for violating protective injunction

14  against violators.--A person who willfully violates an

15  injunction for protection against repeat violence or dating

16  violence, issued pursuant to s. 784.046, or a foreign

17  protection order accorded full faith and credit pursuant to s.

18  741.315 by:

19         (1)  Refusing to vacate the dwelling that the parties

20  share;

21         (2)  Going to the petitioner's residence, school, place

22  of employment, or a specified place frequented regularly by

23  the petitioner and any named family or household member;

24         (3)  Committing an act of repeat violence or dating

25  violence against the petitioner;

26         (4)  Committing any other violation of the injunction

27  through an intentional unlawful threat, word, or act to do

28  violence to the petitioner; or

29         (5)  Telephoning, contacting, or otherwise

30  communicating with the petitioner directly or indirectly,

31

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  1  unless the injunction specifically allows indirect contact

  2  through a third party;

  3

  4  commits a misdemeanor of the first degree, punishable as

  5  provided in s. 775.082 or s. 775.083.

  6         Section 3.  Paragraph (a) of subsection (3) of section

  7  61.1825, Florida Statutes, is amended to read:

  8         61.1825  State Case Registry.--

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

10  violence indicator must be placed on a record when:

11         1.  A party executes a sworn statement requesting that

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

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

14  of information to the Federal Case Registry may result in

15  physical or emotional harm to the party or the child; or

16         2.  A temporary or final injunction for protection

17  against domestic violence has been granted pursuant to s.

18  741.30(6), an injunction for protection against domestic

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

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

21  protection against repeat violence has been granted pursuant

22  to s. 784.046; or

23         3.  The department has received information on a Title

24  IV-D case from the Domestic, Dating, Violence and Repeat

25  Violence Injunction Statewide Verification System, established

26  pursuant to s. 784.046 s. 784.046(8)(b), that a court has

27  granted a party a domestic violence or repeat violence

28  injunction.

29         Section 4.  Subsection (3) of section 741.2901, Florida

30  Statutes, is amended to read:

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  1         741.2901  Domestic violence cases; prosecutors;

  2  legislative intent; investigation; duty of circuits; first

  3  appearance.--

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

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

  6  Attorney's Office shall perform a thorough investigation of

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

  8  arrests for domestic violence, prior arrests for nondomestic

  9  charges, prior injunctions for protection against domestic

10  violence or and repeat violence filed listing the defendant as

11  respondent and noting history of other victims, and prior

12  walk-in domestic complaints filed against the defendant. This

13  information shall be presented at first appearance, when

14  setting bond, and when passing sentence, for consideration by

15  the court.  When a defendant is arrested for an act of

16  domestic violence, the defendant shall be held in custody

17  until brought before the court for admittance to bail in

18  accordance with chapter 903.  In determining bail, the court

19  shall consider the safety of the victim, the victim's

20  children, and any other person who may be in danger if the

21  defendant is released.

22         Section 5.  Paragraph (c) of subsection (2) and

23  paragraph (b) of subsection (8) of section 741.30, Florida

24  Statutes, are amended to read:

25         741.30  Domestic violence; injunction; powers and

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

27  temporary injunction; issuance of injunction; statewide

28  verification system; enforcement.--

29         (2)

30         (c)1.  The clerk of the court shall assist petitioners

31  in seeking both injunctions for protection against domestic

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  1  violence and enforcement for a violation thereof as specified

  2  in this section.

  3         2.  All clerks' offices shall provide simplified

  4  petition forms for the injunction, any modifications, and the

  5  enforcement thereof, including instructions for completion.

  6         3.  The clerk of the court shall advise petitioners of

  7  the availability of affidavits of insolvency or indigence in

  8  lieu of payment for the cost of the filing fee, as provided in

  9  paragraph (a).

10         4.  The clerk of the court shall ensure the

11  petitioner's privacy to the extent practical while completing

12  the forms for injunctions for protection against domestic

13  violence.

14         5.  The clerk of the court shall provide petitioners

15  with a minimum of two certified copies of the order of

16  injunction, one of which is serviceable and will inform the

17  petitioner of the process for service and enforcement.

18         6.  Clerks of court and appropriate staff in each

19  county shall receive training in the effective assistance of

20  petitioners as provided or approved by the Florida Association

21  of Court Clerks.

22         7.  The clerk of the court in each county shall make

23  available informational brochures on domestic violence when

24  such brochures are provided by local certified domestic

25  violence centers.

26         8.  The clerk of the court in each county shall

27  distribute a statewide uniform informational brochure to

28  petitioners at the time of filing for an injunction for

29  protection against domestic violence or repeat violence when

30  such brochures become available. The brochure must include

31

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  1  information about the effect of giving the court false

  2  information about domestic violence.

  3         (8)

  4         (b)  The There shall be created a Domestic, Dating, and

  5  Repeat Violence Injunction Statewide Verification System is

  6  created within the Department of Law Enforcement. The

  7  department shall establish, implement, and maintain a

  8  statewide communication system capable of electronically

  9  transmitting information to and between criminal justice

10  agencies relating to domestic violence injunctions and repeat

11  violence injunctions issued by the courts throughout the

12  state. Such information must include, but is not limited to,

13  information as to the existence and status of any injunction

14  for verification purposes.

15         Section 6.  Subsection (4) of section 784.048, Florida

16  Statutes, is amended to read:

17         784.048  Stalking; definitions; penalties.--

18         (4)  Any person who, after an injunction for protection

19  against repeat violence or dating violence pursuant to s.

20  784.046, or an injunction for protection against domestic

21  violence pursuant to s. 741.30, or after any other

22  court-imposed prohibition of conduct toward the subject person

23  or that person's property, knowingly, willfully, maliciously,

24  and repeatedly follows or harasses another person commits the

25  offense of aggravated stalking, a felony of the third degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084.

28         Section 7.  Subsections (2) and (3) of section 790.06,

29  Florida Statutes, are amended to read:

30         790.06  License to carry concealed weapon or firearm.--

31

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  1         (2)  The Department of Agriculture and Consumer

  2  Services shall issue a license if the applicant:

  3         (a)  Is a resident of the United States or is a

  4  consular security official of a foreign government that

  5  maintains diplomatic relations and treaties of commerce,

  6  friendship, and navigation with the United States and is

  7  certified as such by the foreign government and by the

  8  appropriate embassy in this country;

  9         (b)  Is 21 years of age or older;

10         (c)  Does not suffer from a physical infirmity which

11  prevents the safe handling of a weapon or firearm;

12         (d)  Is not ineligible to possess a firearm pursuant to

13  s. 790.23 by virtue of having been convicted of a felony;

14         (e)  Has not been committed for the abuse of a

15  controlled substance or been found guilty of a crime under the

16  provisions of chapter 893 or similar laws of any other state

17  relating to controlled substances within a 3-year period

18  immediately preceding the date on which the application is

19  submitted;

20         (f)  Does not chronically and habitually use alcoholic

21  beverages or other substances to the extent that his or her

22  normal faculties are impaired. It shall be presumed that an

23  applicant chronically and habitually uses alcoholic beverages

24  or other substances to the extent that his or her normal

25  faculties are impaired if the applicant has been committed

26  under chapter 397 or under the provisions of former chapter

27  396 or has been convicted under s. 790.151 or has been deemed

28  a habitual offender under s. 856.011(3), or has had two or

29  more convictions under s. 316.193 or similar laws of any other

30  state, within the 3-year period immediately preceding the date

31  on which the application is submitted;

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  1         (g)  Desires a legal means to carry a concealed weapon

  2  or firearm for lawful self-defense;

  3         (h)  Demonstrates competence with a firearm by any one

  4  of the following:

  5         1.  Completion of any hunter education or hunter safety

  6  course approved by the Fish and Wildlife Conservation

  7  Commission or a similar agency of another state;

  8         2.  Completion of any National Rifle Association

  9  firearms safety or training course;

10         3.  Completion of any firearms safety or training

11  course or class available to the general public offered by a

12  law enforcement, junior college, college, or private or public

13  institution or organization or firearms training school,

14  utilizing instructors certified by the National Rifle

15  Association, Criminal Justice Standards and Training

16  Commission, or the Department of State;

17         4.  Completion of any law enforcement firearms safety

18  or training course or class offered for security guards,

19  investigators, special deputies, or any division or

20  subdivision of law enforcement or security enforcement;

21         5.  Presents evidence of equivalent experience with a

22  firearm through participation in organized shooting

23  competition or military service;

24         6.  Is licensed or has been licensed to carry a firearm

25  in this state or a county or municipality of this state,

26  unless such license has been revoked for cause; or

27         7.  Completion of any firearms training or safety

28  course or class conducted by a state-certified or National

29  Rifle Association certified firearms instructor;

30

31

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  1  A photocopy of a certificate of completion of any of the

  2  courses or classes; or an affidavit from the instructor,

  3  school, club, organization, or group that conducted or taught

  4  said course or class attesting to the completion of the course

  5  or class by the applicant; or a copy of any document which

  6  shows completion of the course or class or evidences

  7  participation in firearms competition shall constitute

  8  evidence of qualification under this paragraph; any person who

  9  conducts a course pursuant to subparagraph 2., subparagraph

10  3., or subparagraph 7., or who, as an instructor, attests to

11  the completion of such courses, must maintain records

12  certifying that he or she observed the student safely handle

13  and discharge the firearm;

14         (i)  Has not been adjudicated an incapacitated person

15  under s. 744.331, or similar laws of any other state, unless 5

16  years have elapsed since the applicant's restoration to

17  capacity by court order;

18         (j)  Has not been committed to a mental institution

19  under chapter 394, or similar laws of any other state, unless

20  the applicant produces a certificate from a licensed

21  psychiatrist that he or she has not suffered from disability

22  for at least 5 years prior to the date of submission of the

23  application;

24         (k)  Has not had adjudication of guilt withheld or

25  imposition of sentence suspended on any felony or misdemeanor

26  crime of domestic violence unless 3 years have elapsed since

27  probation or any other conditions set by the court have been

28  fulfilled, or the record has been sealed or expunged;

29         (l)  Has not been issued an injunction that is

30  currently in force and effect and that restrains the applicant

31

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  1  from committing acts of domestic violence or acts of repeat

  2  violence; and

  3         (m)  Is not prohibited from purchasing or possessing a

  4  firearm by any other provision of Florida or federal law.

  5         (3)  The Department of Agriculture and Consumer

  6  Services shall deny a license if the applicant has been found

  7  guilty of, had adjudication of guilt withheld for, or had

  8  imposition of sentence suspended for one or more crimes of

  9  violence constituting a misdemeanor, unless 3 years have

10  elapsed since probation or any other conditions set by the

11  court have been fulfilled or the record has been sealed or

12  expunged. The Department of Agriculture and Consumer Services

13  shall revoke a license if the licensee has been found guilty

14  of, had adjudication of guilt withheld for, or had imposition

15  of sentence suspended for one or more crimes of violence

16  within the preceding 3 years. The department shall, upon

17  notification by a law enforcement agency, a court, or the

18  Florida Department of Law Enforcement and subsequent written

19  verification, suspend a license or the processing of an

20  application for a license if the licensee or applicant is

21  arrested or formally charged with a crime that would

22  disqualify such person from having a license under this

23  section, until final disposition of the case. The department

24  shall suspend a license or the processing of an application

25  for a license if the licensee or applicant is issued an

26  injunction that restrains the licensee or applicant from

27  committing acts of domestic violence or acts of repeat

28  violence.

29         Section 8.  Paragraph (c) of subsection (2) of section

30  790.065, Florida Statutes, is amended to read:

31         790.065  Sale and delivery of firearms.--

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  1         (2)  Upon receipt of a request for a criminal history

  2  record check, the Department of Law Enforcement shall, during

  3  the licensee's call or by return call, forthwith:

  4         (c)1.  Review any records available to it to determine

  5  whether the potential buyer or transferee has been indicted or

  6  has had an information filed against her or him for an offense

  7  that is a felony under either state or federal law, or, as

  8  mandated by federal law, has had an injunction for protection

  9  against domestic violence entered against the potential buyer

10  or transferee under s. 741.30, has had an injunction for

11  protection against repeat violence entered against the

12  potential buyer or transferee under s. 784.046, or has been

13  arrested for a dangerous crime as specified in s.

14  907.041(4)(a) or for any of the following enumerated offenses:

15         a.  Criminal anarchy under ss. 876.01 and 876.02.

16         b.  Extortion under s. 836.05.

17         c.  Explosives violations under s. 552.22(1) and (2).

18         d.  Controlled substances violations under chapter 893.

19         e.  Resisting an officer with violence under s. 843.01.

20         f.  Weapons and firearms violations under this chapter.

21         g.  Treason under s. 876.32.

22         h.  Assisting self-murder under s. 782.08.

23         i.  Sabotage under s. 876.38.

24         j.  Stalking or aggravated stalking under s. 784.048.

25

26  If the review indicates any such indictment, information, or

27  arrest, the department shall provide to the licensee a

28  conditional nonapproval number.

29         2.  Within 24 working hours, the department shall

30  determine the disposition of the indictment, information, or

31  arrest and inform the licensee as to whether the potential

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  1  buyer is prohibited from receiving or possessing a firearm.

  2  For purposes of this paragraph, "working hours" means the

  3  hours from 8 a.m. to 5 p.m. Monday through Friday, excluding

  4  legal holidays.

  5         3.  The office of the clerk of court, at no charge to

  6  the department, shall respond to any department request for

  7  data on the disposition of the indictment, information, or

  8  arrest as soon as possible, but in no event later than 8

  9  working hours.

10         4.  The department shall determine as quickly as

11  possible within the allotted time period whether the potential

12  buyer is prohibited from receiving or possessing a firearm.

13         5.  If the potential buyer is not so prohibited, or if

14  the department cannot determine the disposition information

15  within the allotted time period, the department shall provide

16  the licensee with a conditional approval number.

17         6.  If the buyer is so prohibited, the conditional

18  nonapproval number shall become a nonapproval number.

19         7.  The department shall continue its attempts to

20  obtain the disposition information and may retain a record of

21  all approval numbers granted without sufficient disposition

22  information.  If the department later obtains disposition

23  information which indicates:

24         a.  That the potential buyer is not prohibited from

25  owning a firearm, it shall treat the record of the transaction

26  in accordance with this section; or

27         b.  That the potential buyer is prohibited from owning

28  a firearm, it shall immediately revoke the conditional

29  approval number and notify local law enforcement.

30         8.  During the time that disposition of the indictment,

31  information, or arrest is pending and until the department is

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  1  notified by the potential buyer that there has been a final

  2  disposition of the indictment, information, or arrest, the

  3  conditional nonapproval number shall remain in effect.

  4         Section 9.  Subsection (10) of section 901.15, Florida

  5  Statutes, is amended to read:

  6         901.15  When arrest by officer without warrant is

  7  lawful.--A law enforcement officer may arrest a person without

  8  a warrant when:

  9         (10)  The officer has probable cause to believe that

10  the person has knowingly committed an act of repeat violence

11  in violation of an injunction for protection from repeat

12  violence entered pursuant to s. 784.046 or a foreign

13  protection order accorded full faith and credit pursuant to s.

14  741.315.

15         Section 10.  Paragraph (e) of subsection (2) of section

16  943.05, Florida Statutes, is amended to read:

17         943.05  Criminal Justice Information Program; duties;

18  crime reports.--

19         (2)  The program shall:

20         (e)  Establish, implement, and maintain a Domestic,

21  Dating, and Repeat Violence Injunction Statewide Verification

22  System capable of electronically transmitting information to

23  and between criminal justice agencies relating to domestic

24  violence injunctions and repeat violence injunctions against

25  violence issued by the courts throughout the state. Such

26  information must include, but is not limited to, information

27  as to the existence and status of any such injunction for

28  verification purposes.

29         Section 11.  For the purpose of incorporating the

30  amendment made by this act to section 784.048, Florida

31  Statutes, in references thereto, paragraph (d) of subsection

                                  23

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  1  (1) of section 775.084, Florida Statutes, is reenacted to

  2  read:

  3         775.084  Violent career criminals; habitual felony

  4  offenders and habitual violent felony offenders; three-time

  5  violent felony offenders; definitions; procedure; enhanced

  6  penalties or mandatory minimum prison terms.--

  7         (1)  As used in this act:

  8         (d)  "Violent career criminal" means a defendant for

  9  whom the court must impose imprisonment pursuant to paragraph

10  (4)(d), if it finds that:

11         1.  The defendant has previously been convicted as an

12  adult three or more times for an offense in this state or

13  other qualified offense that is:

14         a.  Any forcible felony, as described in s. 776.08;

15         b.  Aggravated stalking, as described in s. 784.048(3)

16  and (4);

17         c.  Aggravated child abuse, as described in s.

18  827.03(2);

19         d.  Aggravated abuse of an elderly person or disabled

20  adult, as described in s. 825.102(2);

21         e.  Lewd or lascivious battery, lewd or lascivious

22  molestation, lewd or lascivious conduct, or lewd or lascivious

23  exhibition, as described in s. 800.04;

24         f.  Escape, as described in s. 944.40; or

25         g.  A felony violation of chapter 790 involving the use

26  or possession of a firearm.

27         2.  The defendant has been incarcerated in a state

28  prison or a federal prison.

29         3.  The primary felony offense for which the defendant

30  is to be sentenced is a felony enumerated in subparagraph 1.

31  and was committed on or after October 1, 1995, and:

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  1         a.  While the defendant was serving a prison sentence

  2  or other sentence, or court-ordered or lawfully imposed

  3  supervision that is imposed as a result of a prior conviction

  4  for an enumerated felony; or

  5         b.  Within 5 years after the conviction of the last

  6  prior enumerated felony, or within 5 years after the

  7  defendant's release from a prison sentence, probation,

  8  community control, control release, conditional release,

  9  parole, or court-ordered or lawfully imposed supervision or

10  other sentence that is imposed as a result of a prior

11  conviction for an enumerated felony, whichever is later.

12         4.  The defendant has not received a pardon for any

13  felony or other qualified offense that is necessary for the

14  operation of this paragraph.

15         5.  A conviction of a felony or other qualified offense

16  necessary to the operation of this paragraph has not been set

17  aside in any postconviction proceeding.

18         Section 12.  For the purpose of incorporating the

19  amendment made by this act to section 784.048, Florida

20  Statutes, in references thereto, paragraph (g) of subsection

21  (3) of section 921.0022, Florida Statutes, is reenacted to

22  read:

23         921.0022  Criminal Punishment Code; offense severity

24  ranking chart.--

25         (3)  OFFENSE SEVERITY RANKING CHART

26

27  Florida           Felony

28  Statute           Degree             Description

29

30

31                              (g)  LEVEL 7

                                  25

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  1  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  2                              injury.

  3  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  4                              bodily injury.

  5  402.319(2)         2nd      Misrepresentation and negligence

  6                              or intentional act resulting in

  7                              great bodily harm, permanent

  8                              disfiguration, permanent

  9                              disability, or death.

10  409.920(2)         3rd      Medicaid provider fraud.

11  456.065(2)         3rd      Practicing a health care

12                              profession without a license.

13  456.065(2)         2nd      Practicing a health care

14                              profession without a license

15                              which results in serious bodily

16                              injury.

17  458.327(1)         3rd      Practicing medicine without a

18                              license.

19  459.013(1)         3rd      Practicing osteopathic medicine

20                              without a license.

21  460.411(1)         3rd      Practicing chiropractic medicine

22                              without a license.

23  461.012(1)         3rd      Practicing podiatric medicine

24                              without a license.

25  462.17             3rd      Practicing naturopathy without a

26                              license.

27  463.015(1)         3rd      Practicing optometry without a

28                              license.

29  464.016(1)         3rd      Practicing nursing without a

30                              license.

31

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  1  465.015(2)         3rd      Practicing pharmacy without a

  2                              license.

  3  466.026(1)         3rd      Practicing dentistry or dental

  4                              hygiene without a license.

  5  467.201            3rd      Practicing midwifery without a

  6                              license.

  7  468.366            3rd      Delivering respiratory care

  8                              services without a license.

  9  483.828(1)         3rd      Practicing as clinical laboratory

10                              personnel without a license.

11  483.901(9)         3rd      Practicing medical physics

12                              without a license.

13  484.013(1)(c)      3rd      Preparing or dispensing optical

14                              devices without a prescription.

15  484.053            3rd      Dispensing hearing aids without a

16                              license.

17  494.0018(2)        1st      Conviction of any violation of

18                              ss. 494.001-494.0077 in which the

19                              total money and property

20                              unlawfully obtained exceeded

21                              $50,000 and there were five or

22                              more victims.

23  560.123(8)(b)1.    3rd      Failure to report currency or

24                              payment instruments exceeding

25                              $300 but less than $20,000 by

26                              money transmitter.

27  560.125(5)(a)      3rd      Money transmitter business by

28                              unauthorized person, currency or

29                              payment instruments exceeding

30                              $300 but less than $20,000.

31

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  1  655.50(10)(b)1.    3rd      Failure to report financial

  2                              transactions exceeding $300 but

  3                              less than $20,000 by financial

  4                              institution.

  5  782.051(3)         2nd      Attempted felony murder of a

  6                              person by a person other than the

  7                              perpetrator or the perpetrator of

  8                              an attempted felony.

  9  782.07(1)          2nd      Killing of a human being by the

10                              act, procurement, or culpable

11                              negligence of another

12                              (manslaughter).

13  782.071            2nd      Killing of human being or viable

14                              fetus by the operation of a motor

15                              vehicle in a reckless manner

16                              (vehicular homicide).

17  782.072            2nd      Killing of a human being by the

18                              operation of a vessel in a

19                              reckless manner (vessel

20                              homicide).

21  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

22                              causing great bodily harm or

23                              disfigurement.

24  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

25                              weapon.

26  784.045(1)(b)      2nd      Aggravated battery; perpetrator

27                              aware victim pregnant.

28  784.048(4)         3rd      Aggravated stalking; violation of

29                              injunction or court order.

30  784.07(2)(d)       1st      Aggravated battery on law

31                              enforcement officer.

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  1  784.074(1)(a)      1st      Aggravated battery on sexually

  2                              violent predators facility staff.

  3  784.08(2)(a)       1st      Aggravated battery on a person 65

  4                              years of age or older.

  5  784.081(1)         1st      Aggravated battery on specified

  6                              official or employee.

  7  784.082(1)         1st      Aggravated battery by detained

  8                              person on visitor or other

  9                              detainee.

10  784.083(1)         1st      Aggravated battery on code

11                              inspector.

12  790.07(4)          1st      Specified weapons violation

13                              subsequent to previous conviction

14                              of s. 790.07(1) or (2).

15  790.16(1)          1st      Discharge of a machine gun under

16                              specified circumstances.

17  790.165(2)         2nd      Manufacture, sell, possess, or

18                              deliver hoax bomb.

19  790.165(3)         2nd      Possessing, displaying, or

20                              threatening to use any hoax bomb

21                              while committing or attempting to

22                              commit a felony.

23  790.166(3)         2nd      Possessing, selling, using, or

24                              attempting to use a hoax weapon

25                              of mass destruction.

26  790.166(4)         2nd      Possessing, displaying, or

27                              threatening to use a hoax weapon

28                              of mass destruction while

29                              committing or attempting to

30                              commit a felony.

31

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  1  796.03             2nd      Procuring any person under 16

  2                              years for prostitution.

  3  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

  4                              victim less than 12 years of age;

  5                              offender less than 18 years.

  6  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

  7                              victim 12 years of age or older

  8                              but less than 16 years; offender

  9                              18 years or older.

10  806.01(2)          2nd      Maliciously damage structure by

11                              fire or explosive.

12  810.02(3)(a)       2nd      Burglary of occupied dwelling;

13                              unarmed; no assault or battery.

14  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

15                              unarmed; no assault or battery.

16  810.02(3)(d)       2nd      Burglary of occupied conveyance;

17                              unarmed; no assault or battery.

18  812.014(2)(a)      1st      Property stolen, valued at

19                              $100,000 or more; cargo stolen

20                              valued at $50,000 or more;

21                              property stolen while causing

22                              other property damage; 1st degree

23                              grand theft.

24  812.014(2)(b)3.    2nd      Property stolen, emergency

25                              medical equipment; 2nd degree

26                              grand theft.

27  812.0145(2)(a)     1st      Theft from person 65 years of age

28                              or older; $50,000 or more.

29

30

31

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  1  812.019(2)         1st      Stolen property; initiates,

  2                              organizes, plans, etc., the theft

  3                              of property and traffics in

  4                              stolen property.

  5  812.131(2)(a)      2nd      Robbery by sudden snatching.

  6  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  7                              weapon, or other weapon.

  8  817.234(11)(c)     1st      Insurance fraud; property value

  9                              $100,000 or more.

10  825.102(3)(b)      2nd      Neglecting an elderly person or

11                              disabled adult causing great

12                              bodily harm, disability, or

13                              disfigurement.

14  825.103(2)(b)      2nd      Exploiting an elderly person or

15                              disabled adult and property is

16                              valued at $20,000 or more, but

17                              less than $100,000.

18  827.03(3)(b)       2nd      Neglect of a child causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  827.04(3)          3rd      Impregnation of a child under 16

22                              years of age by person 21 years

23                              of age or older.

24  837.05(2)          3rd      Giving false information about

25                              alleged capital felony to a law

26                              enforcement officer.

27  872.06             2nd      Abuse of a dead human body.

28

29

30

31

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  1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other drug prohibited

  3                              under s. 893.03(1)(a), (1)(b),

  4                              (1)(d), (2)(a), (2)(b), or

  5                              (2)(c)4.) within 1,000 feet of a

  6                              child care facility or school.

  7  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

  8                              cocaine or other drug prohibited

  9                              under s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), (2)(b), or

11                              (2)(c)4., within 1,000 feet of

12                              property used for religious

13                              services or a specified business

14                              site.

15  893.13(4)(a)       1st      Deliver to minor cocaine (or

16                              other s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4. drugs).

19  893.135(1)(a)1.    1st      Trafficking in cannabis, more

20                              than 25 lbs., less than 2,000

21                              lbs.

22  893.135

23   (1)(b)1.a.        1st      Trafficking in cocaine, more than

24                              28 grams, less than 200 grams.

25  893.135

26   (1)(c)1.a.        1st      Trafficking in illegal drugs,

27                              more than 4 grams, less than 14

28                              grams.

29

30

31

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  1  893.135

  2   (1)(d)1.          1st      Trafficking in phencyclidine,

  3                              more than 28 grams, less than 200

  4                              grams.

  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  6                              than 200 grams, less than 5

  7                              kilograms.

  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  9                              than 14 grams, less than 28

10                              grams.

11  893.135

12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

13                              grams or more, less than 14

14                              grams.

15  893.135

16   (1)(h)1.a.        1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              1 kilogram or more, less than 5

19                              kilograms.

20  893.135

21   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

22                              kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

26                              10 grams or more, less than 200

27                              grams.

28  896.101(5)(a)      3rd      Money laundering, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31

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  1  896.104(4)(a)1.    3rd      Structuring transactions to evade

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions exceeding $300 but

  5                              less than $20,000.

  6         Section 13.  This act shall take effect July 1, 2003.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Revises provisions governing protective injunctions to
      authorize an injunction for protection in cases where a
11    person has reasonable cause to believe that he or she is
      in imminent danger of becoming a victim of an act of
12    violence. Removes references to injunctions against acts
      of repeat violence. Redesignates the Domestic, Dating,
13    and Repeat Violence Injunction Statewide Verification
      System in the the Department of Law Enforcement as the
14    "Domestic, Dating, and Violence Injunction Statewide
      Verification System." Provides requirements for enforcing
15    an injunction for protection against violence. Provides
      that it is a first-degree misdemeanor to violate an
16    injunction for protection against violence. Revises the
      elements of the offense of aggravated stalking to
17    prohibit certain acts following an injunction for
      protection against violence rather than following an
18    injunction for protection against repeat violence. (See
      bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.