Senate Bill sb0110

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    Florida Senate - 2003                                   SB 110

    By Senator Campbell





    32-123A-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 when the victim reasonably believes

  8         that he or she is in danger of another act of

  9         violence rather than in cases of repeat

10         violence; providing requirements for a petition

11         for protection against violence; redesignating

12         the Domestic, Dating, and Repeat Violence

13         Injunction Statewide Verification System in the

14         Department of Law Enforcement as the "Domestic,

15         Dating, and Violence Injunction Statewide

16         Verification System"; providing for service of

17         process and enforcement of an injunction for

18         protection against violence; amending s.

19         784.047, F.S.; providing that it is a

20         first-degree misdemeanor to violate an

21         injunction for protection against violence;

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

23         relating to the State Case Registry and

24         domestic violence; conforming provisions to

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

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

27         aggravated stalking to prohibit certain acts

28         following an injunction for protection against

29         violence rather than following an injunction

30         for protection against repeat violence;

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

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 1         a license to carry a concealed weapon or

 2         firearm and the sale and delivery of firearms;

 3         conforming provisions to changes made by the

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

 5         arrest without a warrant when an officer has

 6         probable cause to believe that a person has

 7         knowingly committed an act of violence in

 8         violation of an injunction for protection from

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

10         the Criminal Justice Information Program;

11         conforming provisions to changes made by the

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

13         921.0022(3)(g), F.S., relating to violent

14         career criminals and the offense severity

15         ranking chart of the Criminal Punishment Code,

16         to incorporate the amendment to s. 784.048,

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

18         effective date.

19  

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

21  

22         Section 1.  Section 784.046, Florida Statutes, is

23  amended to read:

24         784.046  Action by victim of repeat violence or dating

25  violence for protective injunction; powers and duties of court

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

27  hearing; temporary injunction; issuance; statewide

28  verification system; enforcement.--

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

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

31  battery, aggravated battery, sexual assault, sexual battery,

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 1  stalking, aggravated stalking, kidnapping, or false

 2  imprisonment, or any criminal offense resulting in physical

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

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

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

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

 7  are directed against the petitioner or the petitioner's

 8  immediate family member.

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

10  individuals who have or have had a continuing and significant

11  relationship of a romantic or intimate nature. The existence

12  of such a relationship shall be determined based on the

13  consideration of the following factors:

14         1.  A dating relationship must have existed within the

15  past 6 months;

16         2.  The nature of the relationship must have been

17  characterized by the expectation of affection or sexual

18  involvement between the parties; and

19         3.  The frequency and type of interaction between the

20  persons involved in the relationship must have included that

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

22  basis during the course of the relationship.

23  

24  The term does not include violence in a casual

25  acquaintanceship or violence between individuals who only have

26  engaged in ordinary fraternization in a business or social

27  context.

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

29  injunction for protection in cases of repeat violence, and

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

31  for protection in cases of dating violence.

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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, or the parent or legal guardian of a any minor child

 5  who is living at home and who seeks an injunction for

 6  protection against repeat violence on behalf of the minor

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

 8  petition for an injunction for protection against repeat

 9  violence.

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

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

12  danger of becoming the victim of another act of dating

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

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

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

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

17  for protection against dating violence on behalf of that minor

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

19  petition for an injunction for protection against dating

20  violence.

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

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

23  of action is currently available or pending between the

24  parties.

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

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

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

28  this section, simplified forms, and clerical assistance for

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

30  who is not represented by counsel.

31  

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

 2  injunction pursuant to this section does not have sufficient

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

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

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

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

 7  the extent necessary to process the petition and serve the

 8  injunction, subject to a subsequent order of the court

 9  relative to the payment of such fees.

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

11  require a bond for the entry of an injunction.

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

13  petitioner with a certified copy of any injunction for

14  protection against repeat violence or dating violence entered

15  by the court.

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

17  incidents of repeat violence or dating violence and must shall

18  include the specific facts and circumstances that which form

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

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

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

22  direct physical evidence or affidavits from eyewitnesses of,

23  the specific facts and circumstances that which form the basis

24  upon which relief is sought.

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

26  the following form:

27  

28              PETITION FOR INJUNCTION FOR PROTECTION

29            AGAINST REPEAT VIOLENCE OR DATING VIOLENCE

30  

31  

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 1         Before me, the undersigned authority, personally

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

 3  that the following statements are true:

 4  

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

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

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

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

 9  danger of becoming the victim of another act of has suffered

10  repeat violence, as demonstrated by the fact that the

11  respondent has: ...(enumerate incidents of violence)...

12  

13                   ............................

14                   ............................

15                   ............................

16  

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

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

19  danger of becoming the victim of another act of dating

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

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

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

23  specific incident or incidents of violence and describe the

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

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

26  relationship of a romantic or intimate nature, the frequency

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

28  the relationship.)...

29  

30                   ............................

31                   ............................

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 1                   ............................

 2  

 3         4.  Petitioner genuinely fears repeat violence by the

 4  respondent.

 5         5.  Petitioner seeks: an immediate injunction against

 6  the respondent, enjoining him or her from committing any

 7  further acts of violence; an injunction enjoining the

 8  respondent from committing any further acts of violence; and

 9  an injunction providing any terms the court deems necessary

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

11  immediate family, including any injunctions or directives to

12  law enforcement agencies.

13  

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

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

16  respondent shall be personally served with a copy of the

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

18  prior to the hearing.

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

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

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

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

23  the court deems proper, including an injunction enjoining the

24  respondent from committing any acts of violence.

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

26  such temporary injunction, no evidence other than the verified

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

28  unless the respondent appears at the hearing or has received

29  reasonable notice of the hearing.

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

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

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

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

 3  be effective. The court may grant a continuance of the ex

 4  parte injunction and the full hearing before or during a

 5  hearing, for good cause shown by any party.

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

 7  such relief as the court deems proper, including an

 8  injunction:

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

10  acts of violence.

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

12  necessary for the protection of the petitioner, including

13  injunctions or directives to law enforcement agencies, as

14  provided in this section.

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

16  full force and effect until modified or dissolved. Either

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

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

19  civil or criminal remedies.

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

21  protection against repeat violence or dating violence entered

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

23         1.  The injunction is valid and enforceable in all

24  counties of the State of Florida.

25         2.  Law enforcement officers may use their arrest

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

27  injunction.

28         3.  The court had jurisdiction over the parties and

29  matter under the laws of Florida and that reasonable notice

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

31  

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

 2  right to due process.

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

 4  temporary or final order, if obtainable.

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

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

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

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

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

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

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

12  sheriff such information on the respondent's physical

13  description and location as is required by the department to

14  comply with the verification procedures set forth in this

15  section. Notwithstanding any other provision of law to the

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

17  with the appropriate sheriff, may authorize a law enforcement

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

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

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

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

22  law enforcement officer as defined in chapter 943.

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

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

25  may order that an officer from the appropriate law enforcement

26  agency accompany the petitioner and assist in the execution or

27  service of the injunction. A law enforcement officer shall

28  accept a copy of an injunction for protection against repeat

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

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

31  respondent who has been located but not yet served.

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

 2  Repeat Violence Injunction Statewide Verification System

 3  within the Department of Law Enforcement. The department shall

 4  establish, implement, and maintain a statewide communication

 5  system capable of electronically transmitting information to

 6  and between criminal justice agencies relating to domestic

 7  violence injunctions, dating violence injunctions, and repeat

 8  violence injunctions issued by the courts throughout the

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

10  information as to the existence and status of any injunction

11  for verification purposes.

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

13  injunction for protection against repeat violence or dating

14  violence or changes or vacates an injunction for protection

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

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

17  with jurisdiction over the residence of the petitioner.

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

19  injunction for protection against repeat violence or dating

20  violence upon a respondent, the law enforcement officer must

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

22  with jurisdiction over the residence of the petitioner.

23         3.  Within 24 hours after the sheriff receives a

24  certified copy of the injunction for protection against repeat

25  violence or dating violence, the sheriff must make information

26  relating to the injunction available to other law enforcement

27  agencies by electronically transmitting such information to

28  the department.

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

30  enforcement officer has made service upon the respondent and

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

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 1  information relating to the service available to other law

 2  enforcement agencies by electronically transmitting such

 3  information to the department.

 4         5.  Within 24 hours after an injunction for protection

 5  against repeat violence or dating violence is lifted,

 6  terminated, or otherwise rendered no longer effective by

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

 8  sheriff or local law enforcement agency receiving original

 9  notification of the injunction as provided in subparagraph 2.

10  That agency shall, within 24 hours after receiving such

11  notification from the clerk of the court, notify the

12  department of such action of the court.

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

14  criminal contempt proceeding, a violation of an injunction for

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

16  with the injunction by imposing a monetary assessment. The

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

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

19  collected pursuant to this paragraph to the State Treasury for

20  deposit in the Crimes Compensation Trust Fund established in

21  s. 960.21.

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

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

24  violence or dating violence in violation of a violence repeat

25  or dating violence injunction for protection, the respondent

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

27  expeditiously as possible for the purpose of enforcing the

28  injunction and for admittance to bail in accordance with

29  chapter 903 and the applicable rules of criminal procedure,

30  pending a hearing.

31  

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

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

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

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

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

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

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

 8  section.

 9         Section 2.  Section 784.047, Florida Statutes, is

10  amended to read:

11         784.047  Penalties for violating protective injunction

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

13  injunction for protection against repeat violence or dating

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

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

16  741.315 by:

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

18  share;

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

20  of employment, or a specified place frequented regularly by

21  the petitioner and any named family or household member;

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

23  violence against the petitioner;

24         (4)  Committing any other violation of the injunction

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

26  violence to the petitioner; or

27         (5)  Telephoning, contacting, or otherwise

28  communicating with the petitioner directly or indirectly,

29  unless the injunction specifically allows indirect contact

30  through a third party;

31  

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 1  commits a misdemeanor of the first degree, punishable as

 2  provided in s. 775.082 or s. 775.083.

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

 4  61.1825, Florida Statutes, is amended to read:

 5         61.1825  State Case Registry.--

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

 7  violence indicator must be placed on a record when:

 8         1.  A party executes a sworn statement requesting that

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

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

11  of information to the Federal Case Registry may result in

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

13         2.  A temporary or final injunction for protection

14  against domestic violence has been granted pursuant to s.

15  741.30(6), an injunction for protection against domestic

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

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

18  protection against repeat violence has been granted pursuant

19  to s. 784.046; or

20         3.  The department has received information on a Title

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

22  Violence Injunction Statewide Verification System, established

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

24  granted a party a domestic violence or repeat violence

25  injunction.

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

27  Statutes, is amended to read:

28         741.2901  Domestic violence cases; prosecutors;

29  legislative intent; investigation; duty of circuits; first

30  appearance.--

31  

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

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

 3  Attorney's Office shall perform a thorough investigation of

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

 5  arrests for domestic violence, prior arrests for nondomestic

 6  charges, prior injunctions for protection against domestic

 7  violence or and repeat violence filed listing the defendant as

 8  respondent and noting history of other victims, and prior

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

10  information shall be presented at first appearance, when

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

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

13  domestic violence, the defendant shall be held in custody

14  until brought before the court for admittance to bail in

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

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

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

18  defendant is released.

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

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

21  Statutes, are amended to read:

22         741.30  Domestic violence; injunction; powers and

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

24  temporary injunction; issuance of injunction; statewide

25  verification system; enforcement.--

26         (2)

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

28  in seeking both injunctions for protection against domestic

29  violence and enforcement for a violation thereof as specified

30  in this section.

31  

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 1         2.  All clerks' offices shall provide simplified

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

 3  enforcement thereof, including instructions for completion.

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

 5  the availability of affidavits of insolvency or indigence in

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

 7  paragraph (a).

 8         4.  The clerk of the court shall ensure the

 9  petitioner's privacy to the extent practical while completing

10  the forms for injunctions for protection against domestic

11  violence.

12         5.  The clerk of the court shall provide petitioners

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

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

15  petitioner of the process for service and enforcement.

16         6.  Clerks of court and appropriate staff in each

17  county shall receive training in the effective assistance of

18  petitioners as provided or approved by the Florida Association

19  of Court Clerks.

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

21  available informational brochures on domestic violence when

22  such brochures are provided by local certified domestic

23  violence centers.

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

25  distribute a statewide uniform informational brochure to

26  petitioners at the time of filing for an injunction for

27  protection against domestic violence or repeat violence when

28  such brochures become available. The brochure must include

29  information about the effect of giving the court false

30  information about domestic violence.

31         (8)

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

 2  Repeat Violence Injunction Statewide Verification System is

 3  created within the Department of Law Enforcement. The

 4  department shall establish, implement, and maintain a

 5  statewide communication system capable of electronically

 6  transmitting information to and between criminal justice

 7  agencies relating to domestic violence injunctions and repeat

 8  violence injunctions issued by the courts throughout the

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

10  information as to the existence and status of any injunction

11  for verification purposes.

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

13  Statutes, is amended to read:

14         784.048  Stalking; definitions; penalties.--

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

16  against repeat violence or dating violence pursuant to s.

17  784.046, or an injunction for protection against domestic

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

19  court-imposed prohibition of conduct toward the subject person

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

21  and repeatedly follows or harasses another person commits the

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

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

24  775.084.

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

26  Florida Statutes, are amended to read:

27         790.06  License to carry concealed weapon or firearm.--

28         (2)  The Department of Agriculture and Consumer

29  Services shall issue a license if the applicant:

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

31  consular security official of a foreign government that

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 1  maintains diplomatic relations and treaties of commerce,

 2  friendship, and navigation with the United States and is

 3  certified as such by the foreign government and by the

 4  appropriate embassy in this country;

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

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

 7  prevents the safe handling of a weapon or firearm;

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

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

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

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

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

13  relating to controlled substances within a 3-year period

14  immediately preceding the date on which the application is

15  submitted;

16         (f)  Does not chronically and habitually use alcoholic

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

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

19  applicant chronically and habitually uses alcoholic beverages

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

21  faculties are impaired if the applicant has been committed

22  under chapter 397 or under the provisions of former chapter

23  396 or has been convicted under s. 790.151 or has been deemed

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

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

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

27  on which the application is submitted;

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

29  or firearm for lawful self-defense;

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

31  of the following:

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 1         1.  Completion of any hunter education or hunter safety

 2  course approved by the Fish and Wildlife Conservation

 3  Commission or a similar agency of another state;

 4         2.  Completion of any National Rifle Association

 5  firearms safety or training course;

 6         3.  Completion of any firearms safety or training

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

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

 9  institution or organization or firearms training school,

10  utilizing instructors certified by the National Rifle

11  Association, Criminal Justice Standards and Training

12  Commission, or the Department of State;

13         4.  Completion of any law enforcement firearms safety

14  or training course or class offered for security guards,

15  investigators, special deputies, or any division or

16  subdivision of law enforcement or security enforcement;

17         5.  Presents evidence of equivalent experience with a

18  firearm through participation in organized shooting

19  competition or military service;

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

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

22  unless such license has been revoked for cause; or

23         7.  Completion of any firearms training or safety

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

25  Rifle Association certified firearms instructor;

26  

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

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

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

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

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

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 1  shows completion of the course or class or evidences

 2  participation in firearms competition shall constitute

 3  evidence of qualification under this paragraph; any person who

 4  conducts a course pursuant to subparagraph 2., subparagraph

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

 6  the completion of such courses, must maintain records

 7  certifying that he or she observed the student safely handle

 8  and discharge the firearm;

 9         (i)  Has not been adjudicated an incapacitated person

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

11  years have elapsed since the applicant's restoration to

12  capacity by court order;

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

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

15  the applicant produces a certificate from a licensed

16  psychiatrist that he or she has not suffered from disability

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

18  application;

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

20  imposition of sentence suspended on any felony or misdemeanor

21  crime of domestic violence unless 3 years have elapsed since

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

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

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

25  currently in force and effect and that restrains the applicant

26  from committing acts of domestic violence or acts of repeat

27  violence; and

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

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

30         (3)  The Department of Agriculture and Consumer

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

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

 2  imposition of sentence suspended for one or more crimes of

 3  violence constituting a misdemeanor, unless 3 years have

 4  elapsed since probation or any other conditions set by the

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

 6  expunged. The Department of Agriculture and Consumer Services

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

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

 9  of sentence suspended for one or more crimes of violence

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

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

12  Florida Department of Law Enforcement and subsequent written

13  verification, suspend a license or the processing of an

14  application for a license if the licensee or applicant is

15  arrested or formally charged with a crime that would

16  disqualify such person from having a license under this

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

18  shall suspend a license or the processing of an application

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

20  injunction that restrains the licensee or applicant from

21  committing acts of domestic violence or acts of repeat

22  violence.

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

24  790.065, Florida Statutes, is amended to read:

25         790.065  Sale and delivery of firearms.--

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

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

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

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

30  whether the potential buyer or transferee has been indicted or

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

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

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

 3  against domestic violence entered against the potential buyer

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

 5  protection against repeat violence entered against the

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

 7  arrested for a dangerous crime as specified in s.

 8  907.041(4)(a) or for any of the following enumerated offenses:

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

10         b.  Extortion under s. 836.05.

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

12         d.  Controlled substances violations under chapter 893.

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

14         f.  Weapons and firearms violations under this chapter.

15         g.  Treason under s. 876.32.

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

17         i.  Sabotage under s. 876.38.

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

19  

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

21  arrest, the department shall provide to the licensee a

22  conditional nonapproval number.

23         2.  Within 24 working hours, the department shall

24  determine the disposition of the indictment, information, or

25  arrest and inform the licensee as to whether the potential

26  buyer is prohibited from receiving or possessing a firearm.

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

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

29  legal holidays.

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

31  the department, shall respond to any department request for

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

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

 3  working hours.

 4         4.  The department shall determine as quickly as

 5  possible within the allotted time period whether the potential

 6  buyer is prohibited from receiving or possessing a firearm.

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

 8  the department cannot determine the disposition information

 9  within the allotted time period, the department shall provide

10  the licensee with a conditional approval number.

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

12  nonapproval number shall become a nonapproval number.

13         7.  The department shall continue its attempts to

14  obtain the disposition information and may retain a record of

15  all approval numbers granted without sufficient disposition

16  information.  If the department later obtains disposition

17  information which indicates:

18         a.  That the potential buyer is not prohibited from

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

20  in accordance with this section; or

21         b.  That the potential buyer is prohibited from owning

22  a firearm, it shall immediately revoke the conditional

23  approval number and notify local law enforcement.

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

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

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

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

28  conditional nonapproval number shall remain in effect.

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

30  Statutes, is amended to read:

31  

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 1         901.15  When arrest by officer without warrant is

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

 3  a warrant when:

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

 5  the person has knowingly committed an act of repeat violence

 6  in violation of an injunction for protection from repeat

 7  violence entered pursuant to s. 784.046 or a foreign

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

 9  741.315.

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

11  943.05, Florida Statutes, is amended to read:

12         943.05  Criminal Justice Information Program; duties;

13  crime reports.--

14         (2)  The program shall:

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

16  Dating, and Repeat Violence Injunction Statewide Verification

17  System capable of electronically transmitting information to

18  and between criminal justice agencies relating to domestic

19  violence injunctions and repeat violence injunctions against

20  violence issued by the courts throughout the state. Such

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

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

23  verification purposes.

24         Section 11.  For the purpose of incorporating the

25  amendment made by this act to section 784.048, Florida

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

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

28  read:

29         775.084  Violent career criminals; habitual felony

30  offenders and habitual violent felony offenders; three-time

31  

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 1  violent felony offenders; definitions; procedure; enhanced

 2  penalties or mandatory minimum prison terms.--

 3         (1)  As used in this act:

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

 5  whom the court must impose imprisonment pursuant to paragraph

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

 7         1.  The defendant has previously been convicted as an

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

 9  other qualified offense that is:

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

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

12  and (4);

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

14  827.03(2);

15         d.  Aggravated abuse of an elderly person or disabled

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

17         e.  Lewd or lascivious battery, lewd or lascivious

18  molestation, lewd or lascivious conduct, or lewd or lascivious

19  exhibition, as described in s. 800.04;

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

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

22  or possession of a firearm.

23         2.  The defendant has been incarcerated in a state

24  prison or a federal prison.

25         3.  The primary felony offense for which the defendant

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

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

28         a.  While the defendant was serving a prison sentence

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

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

31  for an enumerated felony; or

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

 2  prior enumerated felony, or within 5 years after the

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

 4  community control, control release, conditional release,

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

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

 7  conviction for an enumerated felony, whichever is later.

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

 9  felony or other qualified offense that is necessary for the

10  operation of this paragraph.

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

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

13  aside in any postconviction proceeding.

14         Section 12.  For the purpose of incorporating the

15  amendment made by this act to section 784.048, Florida

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

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

18  read:

19         921.0022  Criminal Punishment Code; offense severity

20  ranking chart.--

21         (3)  OFFENSE SEVERITY RANKING CHART

22  

23  Florida           Felony

24  Statute           Degree             Description

25  

26                     

27                              (g)  LEVEL 7

28  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

29                              injury.

30  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

31                              bodily injury.

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 1  402.319(2)         2nd      Misrepresentation and negligence

 2                              or intentional act resulting in

 3                              great bodily harm, permanent

 4                              disfiguration, permanent

 5                              disability, or death.

 6  409.920(2)         3rd      Medicaid provider fraud.

 7  456.065(2)         3rd      Practicing a health care

 8                              profession without a license.

 9  456.065(2)         2nd      Practicing a health care

10                              profession without a license

11                              which results in serious bodily

12                              injury.

13  458.327(1)         3rd      Practicing medicine without a

14                              license.

15  459.013(1)         3rd      Practicing osteopathic medicine

16                              without a license.

17  460.411(1)         3rd      Practicing chiropractic medicine

18                              without a license.

19  461.012(1)         3rd      Practicing podiatric medicine

20                              without a license.

21  462.17             3rd      Practicing naturopathy without a

22                              license.

23  463.015(1)         3rd      Practicing optometry without a

24                              license.

25  464.016(1)         3rd      Practicing nursing without a

26                              license.

27  465.015(2)         3rd      Practicing pharmacy without a

28                              license.

29  466.026(1)         3rd      Practicing dentistry or dental

30                              hygiene without a license.

31  

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 1  467.201            3rd      Practicing midwifery without a

 2                              license.

 3  468.366            3rd      Delivering respiratory care

 4                              services without a license.

 5  483.828(1)         3rd      Practicing as clinical laboratory

 6                              personnel without a license.

 7  483.901(9)         3rd      Practicing medical physics

 8                              without a license.

 9  484.013(1)(c)      3rd      Preparing or dispensing optical

10                              devices without a prescription.

11  484.053            3rd      Dispensing hearing aids without a

12                              license.

13  494.0018(2)        1st      Conviction of any violation of

14                              ss. 494.001-494.0077 in which the

15                              total money and property

16                              unlawfully obtained exceeded

17                              $50,000 and there were five or

18                              more victims.

19  560.123(8)(b)1.    3rd      Failure to report currency or

20                              payment instruments exceeding

21                              $300 but less than $20,000 by

22                              money transmitter.

23  560.125(5)(a)      3rd      Money transmitter business by

24                              unauthorized person, currency or

25                              payment instruments exceeding

26                              $300 but less than $20,000.

27  655.50(10)(b)1.    3rd      Failure to report financial

28                              transactions exceeding $300 but

29                              less than $20,000 by financial

30                              institution.

31  

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 1  782.051(3)         2nd      Attempted felony murder of a

 2                              person by a person other than the

 3                              perpetrator or the perpetrator of

 4                              an attempted felony.

 5  782.07(1)          2nd      Killing of a human being by the

 6                              act, procurement, or culpable

 7                              negligence of another

 8                              (manslaughter).

 9  782.071            2nd      Killing of human being or viable

10                              fetus by the operation of a motor

11                              vehicle in a reckless manner

12                              (vehicular homicide).

13  782.072            2nd      Killing of a human being by the

14                              operation of a vessel in a

15                              reckless manner (vessel

16                              homicide).

17  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

18                              causing great bodily harm or

19                              disfigurement.

20  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

21                              weapon.

22  784.045(1)(b)      2nd      Aggravated battery; perpetrator

23                              aware victim pregnant.

24  784.048(4)         3rd      Aggravated stalking; violation of

25                              injunction or court order.

26  784.07(2)(d)       1st      Aggravated battery on law

27                              enforcement officer.

28  784.074(1)(a)      1st      Aggravated battery on sexually

29                              violent predators facility staff.

30  784.08(2)(a)       1st      Aggravated battery on a person 65

31                              years of age or older.

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 1  784.081(1)         1st      Aggravated battery on specified

 2                              official or employee.

 3  784.082(1)         1st      Aggravated battery by detained

 4                              person on visitor or other

 5                              detainee.

 6  784.083(1)         1st      Aggravated battery on code

 7                              inspector.

 8  790.07(4)          1st      Specified weapons violation

 9                              subsequent to previous conviction

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

11  790.16(1)          1st      Discharge of a machine gun under

12                              specified circumstances.

13  790.165(2)         2nd      Manufacture, sell, possess, or

14                              deliver hoax bomb.

15  790.165(3)         2nd      Possessing, displaying, or

16                              threatening to use any hoax bomb

17                              while committing or attempting to

18                              commit a felony.

19  790.166(3)         2nd      Possessing, selling, using, or

20                              attempting to use a hoax weapon

21                              of mass destruction.

22  790.166(4)         2nd      Possessing, displaying, or

23                              threatening to use a hoax weapon

24                              of mass destruction while

25                              committing or attempting to

26                              commit a felony.

27  796.03             2nd      Procuring any person under 16

28                              years for prostitution.

29  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

30                              victim less than 12 years of age;

31                              offender less than 18 years.

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

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)      1st      Property stolen, valued at

14                              $100,000 or more; cargo stolen

15                              valued at $50,000 or more;

16                              property stolen while causing

17                              other property damage; 1st degree

18                              grand theft.

19  812.014(2)(b)3.    2nd      Property stolen, emergency

20                              medical equipment; 2nd degree

21                              grand theft.

22  812.0145(2)(a)     1st      Theft from person 65 years of age

23                              or older; $50,000 or more.

24  812.019(2)         1st      Stolen property; initiates,

25                              organizes, plans, etc., the theft

26                              of property and traffics in

27                              stolen property.

28  812.131(2)(a)      2nd      Robbery by sudden snatching.

29  812.133(2)(b)      1st      Carjacking; no firearm, deadly

30                              weapon, or other weapon.

31  

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

 2                              $100,000 or more.

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

 4                              disabled adult causing great

 5                              bodily harm, disability, or

 6                              disfigurement.

 7  825.103(2)(b)      2nd      Exploiting an elderly person or

 8                              disabled adult and property is

 9                              valued at $20,000 or more, but

10                              less than $100,000.

11  827.03(3)(b)       2nd      Neglect of a child causing great

12                              bodily harm, disability, or

13                              disfigurement.

14  827.04(3)          3rd      Impregnation of a child under 16

15                              years of age by person 21 years

16                              of age or older.

17  837.05(2)          3rd      Giving false information about

18                              alleged capital felony to a law

19                              enforcement officer.

20  872.06             2nd      Abuse of a dead human body.

21  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

22                              cocaine (or other drug prohibited

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

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

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

26                              child care facility or school.

27  

28  

29  

30  

31  

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 1  893.13(1)(e)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

 6                              property used for religious

 7                              services or a specified business

 8                              site.

 9  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

12                              (2)(c)4. drugs).

13  893.135(1)(a)1.    1st      Trafficking in cannabis, more

14                              than 25 lbs., less than 2,000

15                              lbs.

16  893.135

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

18                              28 grams, less than 200 grams.

19  893.135

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

21                              more than 4 grams, less than 14

22                              grams.

23  893.135

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

25                              more than 28 grams, less than 200

26                              grams.

27  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

28                              than 200 grams, less than 5

29                              kilograms.

30  

31  

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

 2                              than 14 grams, less than 28

 3                              grams.

 4  893.135

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

 6                              grams or more, less than 14

 7                              grams.

 8  893.135

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

10                              gamma-hydroxybutyric acid (GHB),

11                              1 kilogram or more, less than 5

12                              kilograms.

13  893.135

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

15                              kilogram or more, less than 5

16                              kilograms.

17  893.135

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

19                              10 grams or more, less than 200

20                              grams.

21  896.101(5)(a)      3rd      Money laundering, financial

22                              transactions exceeding $300 but

23                              less than $20,000.

24  896.104(4)(a)1.    3rd      Structuring transactions to evade

25                              reporting or registration

26                              requirements, financial

27                              transactions exceeding $300 but

28                              less than $20,000.

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

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises provisions governing protective injunctions to
      authorize an injunction for protection in cases where a
 4    person is a victim of violence and has reasonable cause
      to believe that he or she is in imminent danger of
 5    becoming a victim of another act of violence. Removes
      references to injunctions against acts of repeat
 6    violence. Redesignates the Domestic, Dating, and Repeat
      Violence Injunction Statewide Verification System in the
 7    the Department of Law Enforcement as the "Domestic,
      Dating, and Violence Injunction Statewide Verification
 8    System." Provides requirements for enforcing an
      injunction for protection against violence. Provides that
 9    it is a first-degree misdemeanor to violate an injunction
      for protection against violence. Revises the elements of
10    the offense of aggravated stalking to prohibit certain
      acts following an injunction for protection against
11    violence rather than following an injunction for
      protection against repeat violence. (See bill for
12    details.)

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

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CODING: Words stricken are deletions; words underlined are additions.