Senate Bill sb0294c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                            CS for SB 294

    By the Committee on Judiciary; and Senator Crist





    308-1965-03

  1                      A bill to be entitled

  2         An act relating to protective injunctions;

  3         providing a short title; amending s. 784.046,

  4         F.S.; defining the term "sexual violence";

  5         providing for a cause of action for a

  6         protective injunction against sexual violence;

  7         providing for a petition to be filed when the

  8         sexual violence is reported to a law

  9         enforcement agency and the victim is

10         cooperating in any investigation or when the

11         respondent who was sentenced to imprisonment

12         for the sexual violence has been or will be

13         released; prohibiting the assessment of filing

14         fees for a petition for protection against

15         repeat violence, sexual violence, or dating

16         violence; providing for the Office of the State

17         Courts Administrator to reimburse the clerks of

18         the court for filing fees, subject to

19         legislative appropriation; conforming the

20         petition required for protection against dating

21         violence and repeat violence to include sexual

22         violence; specifying the period of effect for

23         an ex parte temporary injunction against a

24         respondent released from state prison;

25         providing requirements for serving an

26         injunction; amending ss. 61.1825, 741.2901,

27         741.30, 741.315, 784.047, 784.048, 790.06,

28         790.065, 901.15, and 943.05, F.S., relating to

29         family violence, investigations of injunctions,

30         statewide injunction verification system,

31         foreign protection orders, penalties for

                                  1

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         violating a protective injunction, stalking,

 2         license to carry a concealed weapon, the sale

 3         and delivery of firearms, arrest without

 4         warrant, and the Criminal Justice Information

 5         Program; conforming provisions made by the act;

 6         reenacting ss. 61.1827(1), 741.31(4),

 7         775.084(1)(d), and 921.0022(3)(g), F.S.,

 8         relating to applicants and recipients of child

 9         support, violations of an injunction against

10         violence, and the Criminal Punishment Code, to

11         incorporate the amendments to ss. 61.1825,

12         741.2901, 741.30, 741.31, 741.315, 784.046, and

13         784.048, F.S., in references thereto; providing

14         an effective date.

15  

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

17  

18         Section 1.  This act may be cited as "The Victim's

19  Freedom Act."

20         Section 2.  Section 784.046, Florida Statutes, is

21  amended to read:

22         784.046  Action by victim of repeat violence, sexual

23  violence, or dating violence for protective injunction; powers

24  and duties of court and clerk of court; filing and form of

25  petition; notice and hearing; temporary injunction; issuance;

26  statewide 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  

                                  2

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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         (c)  "Sexual violence" means any one incident of:

 9         1.  Sexual battery, as defined in chapter 794;

10         2.  A lewd or lascivious act, as defined in chapter

11  800, committed upon or in the presence of a person younger

12  than 16 years of age;

13         3.  Luring or enticing a child, as described in chapter

14  787;

15         4.  Sexual performance by a child, as described in

16  chapter 827; or

17         5.  Any other forcible felony wherein a sexual act is

18  committed or attempted,

19  

20  regardless of whether criminal charges based on the incident

21  were filed, reduced, or dismissed by the state attorney.

22         (d)(c)  "Dating violence" means violence between

23  individuals who have or have had a continuing and significant

24  relationship of a romantic or intimate nature. The existence

25  of such a relationship shall be determined based on the

26  consideration of the following factors:

27         1.  A dating relationship must have existed within the

28  past 6 months;

29         2.  The nature of the relationship must have been

30  characterized by the expectation of affection or sexual

31  involvement between the parties; and

                                  3

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         3.  The frequency and type of interaction between the

 2  persons involved in the relationship must have included that

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

 4  basis during the course of the relationship.

 5  

 6  The term does not include violence in a casual

 7  acquaintanceship or violence between individuals who only have

 8  engaged in ordinary fraternization in a business or social

 9  context.

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

11  injunction for protection in each of the following cases of

12  repeat violence:, and there is created a separate cause of

13  action for an injunction for protection in cases of dating

14  violence.

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

16  the parent or legal guardian of any minor child who is living

17  at home and who seeks an injunction for protection against

18  repeat violence on behalf of the minor child has standing in

19  the circuit court to file a sworn petition for an injunction

20  for protection against repeat violence.

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

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

23  danger of becoming the victim of another act of dating

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

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

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

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

28  for protection against dating violence on behalf of that minor

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

30  petition for an injunction for protection against dating

31  violence.

                                  4

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         (c)  A person who is the victim of sexual violence or

 2  the parent or legal guardian of a minor child who is living at

 3  home who is the victim of sexual violence has standing in the

 4  circuit court to file a sworn petition for an injunction for

 5  protection against sexual violence on his or her own behalf or

 6  on behalf of the minor child if:

 7         1.  The person has reported the sexual violence to a

 8  law enforcement agency and is cooperating in any criminal

 9  proceeding against the respondent, regardless of whether

10  criminal charges based on the sexual violence have been filed,

11  reduced, or dismissed by the state attorney; or

12         2.  The respondent who committed the sexual violence

13  against the victim or minor child was sentenced to a term of

14  imprisonment in state prison for the sexual violence and the

15  respondent's term of imprisonment has expired or is due to

16  expire within 90 days following the date the petition is

17  filed.

18  

19  (c)  A This cause of action for an injunction under this

20  section may be sought whether or not any other petition,

21  complaint, or cause of action is currently available or

22  pending between the parties. (d)  A This cause of action for

23  an injunction under this section does shall not require that

24  the petitioner be represented by an attorney.

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

26  this section, simplified forms, and clerical assistance for

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

28  who is not represented by counsel.

29         (b)  Notwithstanding any other law, the clerk of the

30  court may not assess a fee for filing a petition for

31  protection against repeat violence, sexual violence, or dating

                                  5

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  violence. However, subject to legislative appropriation, the

 2  clerk of the court may, each quarter, submit to the Office of

 3  the State Courts Administrator a certified request for

 4  reimbursement for petitions for protection issued by the court

 5  under this section at the rate of $40 per petition. The

 6  request for reimbursement shall be submitted in the form and

 7  manner prescribed by the Office of the State Courts

 8  Administrator. From this reimbursement, the clerk shall pay

 9  the law enforcement agency serving the injunction the fee

10  requested by the law enforcement agency; however, this fee may

11  not exceed $20. In the event the person desiring to file for

12  an injunction pursuant to this section does not have

13  sufficient funds with which to pay filing fees to the clerk of

14  the court or service fees to the sheriff or law enforcement

15  agency and signs an affidavit so stating, the fees shall be

16  waived by the clerk of the court or the sheriff or law

17  enforcement agency to the extent necessary to process the

18  petition and serve the injunction, subject to a subsequent

19  order of the court relative to the payment of such fees.

20         (c)  No bond shall be required by the court for the

21  entry of an injunction.

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

23  petitioner with a certified copy of any injunction for

24  protection against repeat violence, sexual violence, or dating

25  violence entered by the court.

26         (4)(a)  The sworn petition shall allege the incidents

27  of repeat violence, sexual violence, or dating violence and

28  shall include the specific facts and circumstances that which

29  form the basis upon which relief is sought. With respect to a

30  minor child who is living at home, the parent or legal

31  guardian of the minor child must have been an eyewitness to,

                                  6

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  or have direct physical evidence or affidavits from

 2  eyewitnesses of, the specific facts and circumstances which

 3  form the basis upon which relief is sought.

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

 5  the following form:

 6  

 7              PETITION FOR INJUNCTION FOR PROTECTION

 8   AGAINST REPEAT VIOLENCE, SEXUAL VIOLENCE, OR DATING VIOLENCE

 9  

10         Before me, the undersigned authority, personally

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

12  that the following statements are true:

13  

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

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

16         3.a.  (Check here if applicable) Petitioner has

17  suffered repeat violence as demonstrated by the fact that the

18  respondent has:

19                         ...(enumerate incidents of violence)...

20  

21                   ............................

22                   ............................

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

24  

25  and petitioner genuinely fears repeat violence by the

26  respondent.

27  

28         b.  (Check here if applicable) Petitioner has suffered

29  sexual violence as demonstrated by the fact that the

30  respondent has:......(enumerate incident of violence and

31  

                                  7

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  attach incident report by law enforcement agency or notice of

 2  inmate release)......

 3  

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

 5                   ............................

 6                   ............................

 7  

 8         b.  Check here if applicable) Petitioner is a victim of

 9  dating violence and has reasonable cause to believe that he or

10  she is in imminent danger of becoming the victim of another

11  act of dating violence or has reasonable cause to believe that

12  he or she is in imminent danger of becoming a victim of dating

13  violence, as demonstrated by the fact that the respondent has:

14  ...(list the specific incident or incidents of violence and

15  describe the length of time of the relationship, whether it

16  has been in existence during the last 6 months, the nature of

17  the relationship of a romantic or intimate nature, the

18  frequency and type of interaction, and any other facts that

19  characterize the relationship.)...

20  

21                   ............................

22                   ............................

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

24  

25         4.  Petitioner genuinely fears repeat violence by the

26  respondent.

27         4.5.  Petitioner seeks: an immediate injunction against

28  the respondent, enjoining him or her from committing any

29  further acts of violence; an injunction enjoining the

30  respondent from committing any further acts of violence; and

31  an injunction providing any terms the court deems necessary

                                  8

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




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

 2  immediate family, including any injunctions or directives to

 3  law enforcement agencies.

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

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

 6  respondent shall be personally served with a copy of the

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

 8  prior to the hearing.

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

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

11  temporary injunction which may be granted in an ex parte

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

13  the court deems proper, including an injunction enjoining the

14  respondent from committing any acts of violence.

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

16  such temporary injunction, no evidence other than the verified

17  pleading or affidavit shall be used as evidence, unless the

18  respondent appears at the hearing or has received reasonable

19  notice of the hearing.

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

21  effective for a fixed period not to exceed 15 days. However,

22  an ex parte temporary injunction granted under subparagraph

23  (2)(c)2. is effective for 15 days following the date the

24  respondent is released from state prison. A full hearing, as

25  provided by this section, shall be set for a date no later

26  than the date when the temporary injunction ceases to be

27  effective. The court may grant a continuance of the ex parte

28  injunction and the full hearing before or during a hearing,

29  for good cause shown by any party.

30         (7)  Upon notice and hearing, the court may grant such

31  relief as the court deems proper, including an injunction:

                                  9

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         (a)  Enjoining the respondent from committing any acts

 2  of violence.

 3         (b)  Ordering such other relief as the court deems

 4  necessary for the protection of the petitioner, including

 5  injunctions or directives to law enforcement agencies, as

 6  provided in this section.

 7         (c)  The terms of the injunction shall remain in full

 8  force and effect until modified or dissolved. Either party may

 9  move at any time to modify or dissolve the injunction. Such

10  relief may be granted in addition to other civil or criminal

11  remedies.

12         (d)  A temporary or final judgment on injunction for

13  protection against repeat violence, sexual violence, or dating

14  violence entered pursuant to this section shall, on its face,

15  indicate that:

16         1.  The injunction is valid and enforceable in all

17  counties of the State of Florida.

18         2.  Law enforcement officers may use their arrest

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

20  injunction.

21         3.  The court had jurisdiction over the parties and

22  matter under the laws of Florida and that reasonable notice

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

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

25  right to due process.

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

27  temporary or final order, if obtainable.

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

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

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

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

                                  10

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




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

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

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

 4  sheriff such information on the respondent's physical

 5  description and location as is required by the department to

 6  comply with the verification procedures set forth in this

 7  section. Notwithstanding any other provision of law to the

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

 9  with the appropriate sheriff, may authorize a law enforcement

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

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

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

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

14  law enforcement officer as defined in chapter 943.

15         2.  If the respondent is in the custody of the

16  Department of Corrections and the petition for an injunction

17  has been filed as provided in subparagraph (2)(c)2., the clerk

18  of the court shall furnish a copy of the petition, notice of

19  hearing, and temporary injunction, if any, to the Department

20  of Corrections and copies shall be served upon the respondent

21  as soon thereafter as possible on any day of the week and at

22  any time of the day or night. The petition, notice of hearing,

23  or temporary injunction may be served in a state prison by a

24  correctional officer as defined in chapter 943. If the

25  respondent in custody is not served before his or her release,

26  a copy of the petition, notice of hearing, and temporary

27  injunction, if any, shall be forwarded to the sheriff of the

28  county specified in the respondent's release plan for service

29  as provided in subparagraph 1.

30         3.2.  When an injunction is issued, if the petitioner

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

                                  11

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  may order that an officer from the appropriate law enforcement

 2  agency accompany the petitioner and assist in the execution or

 3  service of the injunction. A law enforcement officer shall

 4  accept a copy of an injunction for protection against repeat

 5  violence, sexual violence, or dating violence, certified by

 6  the clerk of the court, from the petitioner and immediately

 7  serve it upon a respondent who has been located but not yet

 8  served.

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

10  Repeat Violence Injunction Statewide Verification System

11  within the Department of Law Enforcement. The department shall

12  establish, implement, and maintain a statewide communication

13  system capable of electronically transmitting information to

14  and between criminal justice agencies relating to domestic

15  violence injunctions, dating violence injunctions, sexual

16  violence injunctions, and repeat violence injunctions issued

17  by the courts throughout the state. Such information must

18  include, but is not limited to, information as to the

19  existence and status of any injunction for verification

20  purposes.

21         (c)1.  Within 24 hours after the court issues, changes,

22  or vacates an injunction for protection against repeat

23  violence, sexual violence, or dating violence or changes or

24  vacates an injunction for protection against repeat violence

25  or dating violence, the clerk of the court must forward a copy

26  of the injunction to the sheriff with jurisdiction over the

27  residence of the petitioner.

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

29  injunction for protection against repeat violence, sexual

30  violence, or dating violence upon a respondent, the law

31  enforcement officer must forward the written proof of service

                                  12

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  of process to the sheriff with jurisdiction over the residence

 2  of the petitioner.

 3         3.  Within 24 hours after the sheriff receives a

 4  certified copy of the injunction for protection against repeat

 5  violence, sexual violence, or dating violence, the sheriff

 6  must make information relating to the injunction available to

 7  other law enforcement agencies by electronically transmitting

 8  such information to the department.

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

10  enforcement officer has made service upon the respondent and

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

12  information relating to the service available to other law

13  enforcement agencies by electronically transmitting such

14  information to the department.

15         5.  Within 24 hours after an injunction for protection

16  against repeat violence, sexual violence, or dating violence

17  is lifted, terminated, or otherwise rendered no longer

18  effective by ruling of the court, the clerk of the court must

19  notify the sheriff or local law enforcement agency receiving

20  original notification of the injunction as provided in

21  subparagraph 2. That agency shall, within 24 hours after

22  receiving such notification from the clerk of the court,

23  notify the department of such action of the court.

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

25  criminal contempt proceeding, a violation of an injunction for

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

27  with the injunction by imposing a monetary assessment. The

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

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

30  collected pursuant to this paragraph to the State Treasury for

31  

                                  13

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  deposit in the Crimes Compensation Trust Fund established in

 2  s. 960.21.

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

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

 5  violence, sexual violence, or dating violence in violation of

 6  an a repeat or dating violence injunction for protection, the

 7  respondent shall be held in custody until brought before the

 8  court as expeditiously as possible for the purpose of

 9  enforcing the injunction and for admittance to bail in

10  accordance with chapter 903 and the applicable rules of

11  criminal procedure, pending a hearing.

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

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

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

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

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

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

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

19  section.

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

21  Statutes, is amended to read:

22         61.1825  State Case Registry.--

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

24  violence indicator must be placed on a record when:

25         1.  A party executes a sworn statement requesting that

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

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

28  of information to the Federal Case Registry may result in

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

30         2.  A temporary or final injunction for protection

31  against domestic violence, repeat violence, dating violence,

                                  14

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  or sexual violence, or a foreign protection order accorded

 2  full faith and credit under s. 741.315, has been granted

 3  pursuant to s. 741.30(6), an injunction for protection against

 4  domestic violence has been issued by a court of a foreign

 5  state pursuant to s. 741.315, or a temporary or final

 6  injunction for protection against repeat violence has been

 7  granted pursuant to s. 784.046; or

 8         3.  The department has received information on a Title

 9  IV-D case from the Domestic Violence and Repeat Violence

10  Injunction Statewide Verification System, established pursuant

11  to s. 784.046(8)(b), that a court has granted a party a

12  domestic violence, or repeat violence, dating violence, or

13  sexual violence injunction.

14         (b)  Before the family violence indicator can be

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

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

17  issue of whether the disclosure will result in harm.

18         Section 4.  For purposes of incorporating the

19  amendments by this act to sections 741.30, 741.31, and

20  784.046, Florida Statutes, subsection (1) of section 61.1827,

21  Florida Statutes, is reenacted to read:

22         61.1827  Identifying information concerning applicants

23  for and recipients of child support services.--

24         (1)  Any information that reveals the identity of

25  applicants for or recipients of child support services,

26  including the name, address, and telephone number of such

27  persons, in the possession of a non-Title IV-D county child

28  support enforcement agency is confidential and exempt from

29  public disclosure pursuant to s. 119.07(1) and s. 24(a) of

30  Art. I of the State Constitution. The use or disclosure of

31  such information by the non-Title IV-D county child support

                                  15

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  enforcement agency is limited to the purposes directly

 2  connected with:

 3         (a)  Any investigation, prosecution, or criminal or

 4  civil proceeding connected with the administration of any

 5  non-Title IV-D county child support enforcement program;

 6         (b)  Mandatory disclosure of identifying and location

 7  information as provided in s. 61.13(9) by the non-Title IV-D

 8  county child support enforcement agency when providing

 9  non-Title IV-D services; or

10         (c)  Mandatory disclosure of information as required by

11  ss. 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of

12  the Social Security Act.

13         (d)  Disclosure to an authorized person, as defined in

14  45 C.F.R. s. 303.15, for purposes of enforcing any state or

15  federal law with respect to the unlawful taking or restraint

16  of a child or making or enforcing a child custody or

17  visitation determination. As used in this paragraph, the term

18  "authorized person" includes a noncustodial parent, unless a

19  court has entered an order under s. 741.30, s. 741.31, or s.

20  784.046.

21         Section 5.  Subsection (3) of section 741.2901, Florida

22  Statutes, is amended to read:

23         741.2901  Domestic violence cases; prosecutors;

24  legislative intent; investigation; duty of circuits; first

25  appearance.--

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

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

28  Attorney's Office shall perform a thorough investigation of

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

30  arrests for domestic violence, prior arrests for nondomestic

31  charges, prior injunctions for protection against domestic

                                  16

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  violence, and repeat violence, dating violence, and sexual

 2  violence filed listing the defendant as respondent and noting

 3  history of other victims, and prior walk-in domestic

 4  complaints filed against the defendant. This information shall

 5  be presented at first appearance, when setting bond, and when

 6  passing sentence, for consideration by the court.  When a

 7  defendant is arrested for an act of domestic violence, the

 8  defendant shall be held in custody until brought before the

 9  court for admittance to bail in accordance with chapter 903.

10  In determining bail, the court shall consider the safety of

11  the victim, the victim's children, and any other person who

12  may be in danger if the defendant is released.

13         Section 6.  Subsection (8) of section 741.30, Florida

14  Statutes, is amended to read:

15         741.30  Domestic violence; injunction; powers and

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

17  temporary injunction; issuance of injunction; statewide

18  verification system; enforcement.--

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

20  of the petition, financial affidavit, uniform child custody

21  jurisdiction and enforcement act affidavit, if any, notice of

22  hearing, and temporary injunction, if any, to the sheriff or a

23  law enforcement agency of the county where the respondent

24  resides or can be found, who shall serve it upon the

25  respondent as soon thereafter as possible on any day of the

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

27  court shall be responsible for furnishing to the sheriff such

28  information on the respondent's physical description and

29  location as is required by the department to comply with the

30  verification procedures set forth in this section.

31  Notwithstanding any other provision of law to the contrary,

                                  17

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  the chief judge of each circuit, in consultation with the

 2  appropriate sheriff, may authorize a law enforcement agency

 3  within the jurisdiction to effect service. A law enforcement

 4  agency serving injunctions pursuant to this section shall use

 5  service and verification procedures consistent with those of

 6  the sheriff.

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

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

 9  may order that an officer from the appropriate law enforcement

10  agency accompany the petitioner and assist in placing the

11  petitioner in possession of the dwelling or residence, or

12  otherwise assist in the execution or service of the

13  injunction. A law enforcement officer shall accept a copy of

14  an injunction for protection against domestic violence,

15  certified by the clerk of the court, from the petitioner and

16  immediately serve it upon a respondent who has been located

17  but not yet served.

18         3.  All orders issued, changed, continued, extended, or

19  vacated subsequent to the original service of documents

20  enumerated under subparagraph 1., shall be certified by the

21  clerk of the court and delivered to the parties at the time of

22  the entry of the order.  The parties may acknowledge receipt

23  of such order in writing on the face of the original order.

24  In the event a party fails or refuses to acknowledge the

25  receipt of a certified copy of an order, the clerk shall note

26  on the original order that service was effected.  If delivery

27  at the hearing is not possible, the clerk shall mail certified

28  copies of the order to the parties at the last known address

29  of each party.  Service by mail is complete upon mailing.

30  When an order is served pursuant to this subsection, the clerk

31  shall prepare a written certification to be placed in the

                                  18

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  court file specifying the time, date, and method of service

 2  and shall notify the sheriff.

 3  

 4  If the respondent has been served previously with the

 5  temporary injunction and has failed to appear at the initial

 6  hearing on the temporary injunction, any subsequent petition

 7  for injunction seeking an extension of time may be served on

 8  the respondent by the clerk of the court by certified mail in

 9  lieu of personal service by a law enforcement officer.

10         (b)  There shall be created a Domestic and Repeat

11  Violence Injunction Statewide Verification System within the

12  Department of Law Enforcement. The department shall establish,

13  implement, and maintain a statewide communication system

14  capable of electronically transmitting information to and

15  between criminal justice agencies relating to domestic

16  violence injunctions, and repeat violence injunctions, dating

17  violence injunctions, and sexual violence injunctions issued

18  by the courts throughout the state. Such information must

19  include, but is not limited to, information as to the

20  existence and status of any injunction for verification

21  purposes.

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

23  injunction for protection against domestic violence or

24  changes, continues, extends, or vacates an injunction for

25  protection against domestic violence, the clerk of the court

26  must forward a certified copy of the injunction for service to

27  the sheriff with jurisdiction over the residence of the

28  petitioner. The injunction must be served in accordance with

29  this subsection.

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

31  injunction for protection against domestic violence upon a

                                  19

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  respondent, the law enforcement officer must forward the

 2  written proof of service of process to the sheriff with

 3  jurisdiction over the residence of the petitioner.

 4         3.  Within 24 hours after the sheriff receives a

 5  certified copy of the injunction for protection against

 6  domestic violence, the sheriff must make information relating

 7  to the injunction available to other law enforcement agencies

 8  by electronically transmitting such information to the

 9  department.

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

11  enforcement officer has made service upon the respondent and

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

13  information relating to the service available to other law

14  enforcement agencies by electronically transmitting such

15  information to the department.

16         5.  Within 24 hours after an injunction for protection

17  against domestic violence is vacated, terminated, or otherwise

18  rendered no longer effective by ruling of the court, the clerk

19  of the court must notify the sheriff receiving original

20  notification of the injunction as provided in subparagraph 2.

21  That agency shall, within 24 hours after receiving such

22  notification from the clerk of the court, notify the

23  department of such action of the court.

24         Section 7.  For purposes of incorporating the

25  amendments made by this act to section 741.315, Florida

26  Statutes, subsection (4) of section 741.31, Florida Statutes,

27  is reenacted to read:

28         741.31  Violation of an injunction for protection

29  against domestic violence.--

30         (4)(a)  A person who willfully violates an injunction

31  for protection against domestic violence issued pursuant to s.

                                  20

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  741.30, or a foreign protection order accorded full faith and

 2  credit pursuant to s. 741.315, by:

 3         1.  Refusing to vacate the dwelling that the parties

 4  share;

 5         2.  Going to, or being within 500 feet of, the

 6  petitioner's residence, school, place of employment, or a

 7  specified place frequented regularly by the petitioner and any

 8  named family or household member;

 9         3.  Committing an act of domestic violence against the

10  petitioner;

11         4.  Committing any other violation of the injunction

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

13  violence to the petitioner;

14         5.  Telephoning, contacting, or otherwise communicating

15  with the petitioner directly or indirectly, unless the

16  injunction specifically allows indirect contact through a

17  third party;

18         6.  Knowingly and intentionally coming within 100 feet

19  of the petitioner's motor vehicle, whether or not that vehicle

20  is occupied;

21         7.  Defacing or destroying the petitioner's personal

22  property, including the petitioner's motor vehicle; or

23         8.  Refusing to surrender firearms or ammunition if

24  ordered to do so by the court

25  

26  commits a misdemeanor of the first degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         (b)1.  It is a violation of s. 790.233, and a

29  misdemeanor of the first degree, punishable as provided in s.

30  775.082 or s. 775.083, for a person to violate a final

31  injunction for protection against domestic violence by having

                                  21

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  in his or her care, custody, possession, or control any

 2  firearm or ammunition.

 3         2.  It is the intent of the Legislature that the

 4  disabilities regarding possession of firearms and ammunition

 5  are consistent with federal law.  Accordingly, this paragraph

 6  shall not apply to a state or local officer as defined in s.

 7  943.10(14), holding an active certification, who receives or

 8  possesses a firearm or ammunition for use in performing

 9  official duties on behalf of the officer's employing agency,

10  unless otherwise prohibited by the employing agency.

11         Section 8.  Subsection (2) of section 741.315, Florida

12  Statutes, is amended to read:

13         741.315  Recognition of foreign protection orders.--

14         (2)  Pursuant to 18 U.S.C. s. 2265, an injunction for

15  protection against domestic violence issued by a court of a

16  foreign state must be accorded full faith and credit by the

17  courts of this state and enforced by a law enforcement agency

18  as if it were the order of a Florida court issued under s.

19  741.30, s. 741.31, s. 784.046, or s. 784.047 and provided that

20  the court had jurisdiction over the parties and the matter and

21  that reasonable notice and opportunity to be heard was given

22  to the person against whom the order is sought sufficient to

23  protect that person's right to due process. Ex parte foreign

24  injunctions for protection are not eligible for enforcement

25  under this section unless notice and opportunity to be heard

26  have been provided within the time required by the foreign

27  state or tribal law, and in any event within a reasonable time

28  after the order is issued, sufficient to protect the

29  respondent's due process rights.

30         Section 9.  For purposes of incorporating the

31  amendments made by this act to section 784.048, Florida

                                  22

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




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

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

 3  read:

 4         775.084  Violent career criminals; habitual felony

 5  offenders and habitual violent felony offenders; three-time

 6  violent felony offenders; definitions; procedure; enhanced

 7  penalties or mandatory minimum prison terms.--

 8         (1)  As used in this act:

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

10  whom the court must impose imprisonment pursuant to paragraph

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

12         1.  The defendant has previously been convicted as an

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

14  other qualified offense that is:

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

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

17  and (4);

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

19  827.03(2);

20         d.  Aggravated abuse of an elderly person or disabled

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

22         e.  Lewd or lascivious battery, lewd or lascivious

23  molestation, lewd or lascivious conduct, or lewd or lascivious

24  exhibition, as described in s. 800.04;

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

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

27  or possession of a firearm.

28         2.  The defendant has been incarcerated in a state

29  prison or a federal prison.

30  

31  

                                  23

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         3.  The primary felony offense for which the defendant

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

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

 4         a.  While the defendant was serving a prison sentence

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

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

 7  for an enumerated felony; or

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

 9  prior enumerated felony, or within 5 years after the

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

11  community control, control release, conditional release,

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

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

14  conviction for an enumerated felony, whichever is later.

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

16  felony or other qualified offense that is necessary for the

17  operation of this paragraph.

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

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

20  aside in any postconviction proceeding.

21         Section 10.  Section 784.047, Florida Statutes, is

22  amended to read:

23         784.047  Penalties for violating protective injunction

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

25  injunction for protection against repeat violence, or dating

26  violence, or sexual violence issued pursuant to s. 784.046, or

27  a foreign protection order accorded full faith and credit

28  pursuant to s. 741.315 by:

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

30  share;

31  

                                  24

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




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

 2  of employment, or a specified place frequented regularly by

 3  the petitioner and any named family or household member;

 4         (3)  Committing an act of repeat violence, or dating

 5  violence, or sexual violence against the petitioner;

 6         (4)  Committing any other violation of the injunction

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

 8  violence to the petitioner; or

 9         (5)  Telephoning, contacting, or otherwise

10  communicating with the petitioner directly or indirectly,

11  unless the injunction specifically allows indirect contact

12  through a third party;

13  

14  commits a misdemeanor of the first degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         Section 11.  Subsection (4) of section 784.048, Florida

17  Statutes, is amended to read:

18         784.048  Stalking; definitions; penalties.--

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

20  against repeat violence or dating violence pursuant to s.

21  784.046, or an injunction for protection against domestic

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

23  court-imposed prohibition of conduct toward the subject person

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

25  and repeatedly follows or harasses another person after the

26  entry of an injunction for protection against domestic

27  violence, repeat violence, dating violence, or sexual

28  violence, a foreign protection order accorded full faith and

29  credit under s. 741.315, or any other court-imposed

30  prohibition of conduct toward the subject person or that

31  person's property, commits the offense of aggravated stalking,

                                  25

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  a felony of the third degree, punishable as provided in s.

 2  775.082, s. 775.083, or s. 775.084.

 3         Section 12.  Subsections (2), (3), and (13) of section

 4  790.06, Florida Statutes, is amended to read:

 5         790.06  License to carry concealed weapon or firearm.--

 6         (2)  The Department of Agriculture and Consumer

 7  Services shall issue a license if the applicant:

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

 9  consular security official of a foreign government that

10  maintains diplomatic relations and treaties of commerce,

11  friendship, and navigation with the United States and is

12  certified as such by the foreign government and by the

13  appropriate embassy in this country;

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

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

16  prevents the safe handling of a weapon or firearm;

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

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

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

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

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

22  relating to controlled substances within a 3-year period

23  immediately preceding the date on which the application is

24  submitted;

25         (f)  Does not chronically and habitually use alcoholic

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

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

28  applicant chronically and habitually uses alcoholic beverages

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

30  faculties are impaired if the applicant has been committed

31  under chapter 397 or under the provisions of former chapter

                                  26

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  396 or has been convicted under s. 790.151 or has been deemed

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

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

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

 5  on which the application is submitted;

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

 7  or firearm for lawful self-defense;

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

 9  of the following:

10         1.  Completion of any hunter education or hunter safety

11  course approved by the Fish and Wildlife Conservation

12  Commission or a similar agency of another state;

13         2.  Completion of any National Rifle Association

14  firearms safety or training course;

15         3.  Completion of any firearms safety or training

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

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

18  institution or organization or firearms training school,

19  utilizing instructors certified by the National Rifle

20  Association, Criminal Justice Standards and Training

21  Commission, or the Department of Agriculture and Consumer

22  Services State;

23         4.  Completion of any law enforcement firearms safety

24  or training course or class offered for security guards,

25  investigators, special deputies, or any division or

26  subdivision of law enforcement or security enforcement;

27         5.  Presents evidence of equivalent experience with a

28  firearm through participation in organized shooting

29  competition or military service;

30  

31  

                                  27

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




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

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

 3  unless such license has been revoked for cause; or

 4         7.  Completion of any firearms training or safety

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

 6  Rifle Association certified firearms instructor;

 7  

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

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

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

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

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

13  shows completion of the course or class or evidences

14  participation in firearms competition shall constitute

15  evidence of qualification under this paragraph; any person who

16  conducts a course pursuant to subparagraph 2., subparagraph

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

18  the completion of such courses, must maintain records

19  certifying that he or she observed the student safely handle

20  and discharge the firearm;

21         (i)  Has not been adjudicated an incapacitated person

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

23  years have elapsed since the applicant's restoration to

24  capacity by court order;

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

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

27  the applicant produces a certificate from a licensed

28  psychiatrist that he or she has not suffered from disability

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

30  application;

31  

                                  28

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




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

 2  imposition of sentence suspended on any felony or misdemeanor

 3  crime of domestic violence unless 3 years have elapsed since

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

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

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

 7  currently in force and effect and that restrains the applicant

 8  from committing acts of domestic violence, or acts of repeat

 9  violence, dating violence, or sexual violence; and

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

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

12         (3)  The Department of Agriculture and Consumer

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

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

15  imposition of sentence suspended for one or more crimes of

16  violence constituting a misdemeanor, unless 3 years have

17  elapsed since probation or any other conditions set by the

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

19  expunged. The Department of Agriculture and Consumer Services

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

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

22  of sentence suspended for one or more crimes of violence

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

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

25  Florida Department of Law Enforcement and subsequent written

26  verification, suspend a license or the processing of an

27  application for a license if the licensee or applicant is

28  arrested or formally charged with a crime that would

29  disqualify such person from having a license under this

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

31  shall suspend a license or the processing of an application

                                  29

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




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

 2  injunction that restrains the licensee or applicant from

 3  committing acts of domestic violence, or acts of repeat

 4  violence, dating violence, or sexual violence.

 5         (13)  All moneys collected by the department pursuant

 6  to this section shall be deposited in the Division of

 7  Licensing Trust Fund, and the Legislature shall appropriate

 8  from the fund those amounts deemed necessary to administer the

 9  provisions of this section. All revenues collected, less those

10  costs determined by the Department of Agriculture and Consumer

11  Services to be nonrecurring or one-time costs, shall be

12  deferred over the 5-year 3-year licensure period.

13  Notwithstanding the provisions of s. 493.6117, all moneys

14  collected pursuant to this section shall not revert to the

15  General Revenue Fund; however, this shall not abrogate the

16  requirement for payment of the service charge imposed pursuant

17  to chapter 215.

18         Section 13.  Section 790.065, Florida Statutes, is

19  amended to read:

20         790.065  Sale and delivery of firearms.--

21         (1)  A licensed importer, licensed manufacturer, or

22  licensed dealer may not sell or deliver from her or his

23  inventory at her or his licensed premises any firearm to

24  another person, other than a licensed importer, licensed

25  manufacturer, licensed dealer, or licensed collector, until

26  she or he has:

27         (a)  Obtained a completed form from the potential buyer

28  or transferee, which form shall have been promulgated by the

29  Department of Law Enforcement and provided by the licensed

30  importer, licensed manufacturer, or licensed dealer, which

31  shall include the name, date of birth, gender, race, and

                                  30

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  social security number or other identification number of such

 2  potential buyer or transferee and has inspected proper

 3  identification including an identification containing a

 4  photograph of the potential buyer or transferee.

 5         (b)  Collected a fee from the potential buyer for

 6  processing the criminal history check of the potential buyer.

 7  The fee shall be established by the Department of Law

 8  Enforcement and may not exceed $8 per transaction. The

 9  Department of Law Enforcement may reduce, or suspend

10  collection of, the fee to reflect payment received from the

11  Federal Government applied to the cost of maintaining the

12  criminal history check system established by this section as a

13  means of facilitating or supplementing the National Instant

14  Criminal Background Check System. The Department of Law

15  Enforcement shall, by rule, establish procedures for the fees

16  to be transmitted by the licensee to the Department of Law

17  Enforcement. All such fees shall be deposited into the

18  Department of Law Enforcement Operating Trust Fund, but shall

19  be segregated from all other funds deposited into such trust

20  fund and must be accounted for separately.  Such segregated

21  funds must not be used for any purpose other than the

22  operation of the criminal history checks required by this

23  section. The Department of Law Enforcement, each year prior to

24  February 1, shall make a full accounting of all receipts and

25  expenditures of such funds to the President of the Senate, the

26  Speaker of the House of Representatives, the majority and

27  minority leaders of each house of the Legislature, and the

28  chairs of the appropriations committees of each house of the

29  Legislature.  In the event that the cumulative amount of funds

30  collected exceeds the cumulative amount of expenditures by

31  more than $2.5 million, excess funds may be used for the

                                  31

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  purpose of purchasing soft body armor for law enforcement

 2  officers.

 3         (c)  Requested, by means of a toll-free telephone call,

 4  the Department of Law Enforcement to conduct a check of the

 5  information as reported and reflected in the Florida Crime

 6  Information Center and National Crime Information Center

 7  systems as of the date of the request.

 8         (d)  Received a unique approval number for that inquiry

 9  from the Department of Law Enforcement, and recorded the date

10  and such number on the consent form.

11  

12  However, if the person purchasing, or receiving delivery of,

13  the firearm is a holder of a valid concealed weapons or

14  firearms license pursuant to the provisions of s. 790.06 or

15  holds an active certification from the Criminal Justice

16  Standards and Training Commission as a "law enforcement

17  officer," a "correctional officer," or a "correctional

18  probation officer" as defined in s. 943.10(1), (2), (3), (6),

19  (7), (8), or (9), the provisions of this subsection do not

20  apply.

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

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

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

24         (a)  Review criminal history records to determine if

25  the potential buyer or transferee:

26         1.  Has been convicted of a felony and is prohibited

27  from receipt or possession of a firearm pursuant to s. 790.23;

28         2.  Has been convicted of a misdemeanor crime of

29  domestic violence, and therefore is prohibited from purchasing

30  a firearm; or

31  

                                  32

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         3.  Has had adjudication of guilt withheld or

 2  imposition of sentence suspended on any felony or misdemeanor

 3  crime of domestic violence, repeat violence, dating violence,

 4  or sexual violence unless 3 years have elapsed since probation

 5  or any other conditions set by the court have been fulfilled

 6  or expunction has occurred.

 7         (b)  Inform the licensee making the inquiry either that

 8  records demonstrate that the buyer or transferee is so

 9  prohibited and provide the licensee a nonapproval number, or

10  provide the licensee with a unique approval number.

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

12  whether the potential buyer or transferee has been indicted or

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

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

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

16  against domestic violence, repeat violence, dating violence,

17  or sexual violence entered against the potential buyer or

18  transferee under s. 741.30, has had an injunction for

19  protection against repeat violence entered against the

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

21  arrested for a dangerous crime as specified in s.

22  907.041(4)(a) or for any of the following enumerated offenses:

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

24         b.  Extortion under s. 836.05.

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

26         d.  Controlled substances violations under chapter 893.

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

28         f.  Weapons and firearms violations under this chapter.

29         g.  Treason under s. 876.32.

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

31         i.  Sabotage under s. 876.38.

                                  33

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




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

 2  

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

 4  arrest, the department shall provide to the licensee a

 5  conditional nonapproval number.

 6         2.  Within 24 working hours, the department shall

 7  determine the disposition of the indictment, information, or

 8  arrest and inform the licensee as to whether the potential

 9  buyer is prohibited from receiving or possessing a firearm.

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

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

12  legal holidays.

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

14  the department, shall respond to any department request for

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

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

17  working hours.

18         4.  The department shall determine as quickly as

19  possible within the allotted time period whether the potential

20  buyer is prohibited from receiving or possessing a firearm.

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

22  the department cannot determine the disposition information

23  within the allotted time period, the department shall provide

24  the licensee with a conditional approval number.

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

26  nonapproval number shall become a nonapproval number.

27         7.  The department shall continue its attempts to

28  obtain the disposition information and may retain a record of

29  all approval numbers granted without sufficient disposition

30  information.  If the department later obtains disposition

31  information which indicates:

                                  34

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         a.  That the potential buyer is not prohibited from

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

 3  in accordance with this section; or

 4         b.  That the potential buyer is prohibited from owning

 5  a firearm, it shall immediately revoke the conditional

 6  approval number and notify local law enforcement.

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

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

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

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

11  conditional nonapproval number shall remain in effect.

12         (3)  In the event of scheduled computer downtime,

13  electronic failure, or similar emergency beyond the control of

14  the Department of Law Enforcement, the department shall

15  immediately notify the licensee of the reason for, and

16  estimated length of, such delay.  After such notification, the

17  department shall forthwith, and in no event later than the end

18  of the next business day of the licensee, either inform the

19  requesting licensee if its records demonstrate that the buyer

20  or transferee is prohibited from receipt or possession of a

21  firearm pursuant to Florida and Federal law or provide the

22  licensee with a unique approval number. Unless notified by the

23  end of said next business day that the buyer or transferee is

24  so prohibited, and without regard to whether she or he has

25  received a unique approval number, the licensee may complete

26  the sale or transfer and shall not be deemed in violation of

27  this section with respect to such sale or transfer.

28         (4)(a)  Any records containing any of the information

29  set forth in subsection (1) pertaining to a buyer or

30  transferee who is not found to be prohibited from receipt or

31  transfer of a firearm by reason of Florida and federal law

                                  35

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  which records are created by the Department of Law Enforcement

 2  to conduct the criminal history record check shall be

 3  confidential and exempt from the provisions of s. 119.07(1)

 4  and may not be disclosed by the Department of Law Enforcement

 5  or any officer or employee thereof to any person or to another

 6  agency. The Department of Law Enforcement shall destroy any

 7  such records forthwith after it communicates the approval and

 8  nonapproval numbers to the licensee and, in any event, such

 9  records shall be destroyed within 48 hours after the day of

10  the response to the licensee's request.

11         (b)  Notwithstanding the provisions of this subsection,

12  the Department of Law Enforcement may maintain records of NCIC

13  transactions to the extent required by the Federal Government,

14  and may maintain a log of dates of requests for criminal

15  history records checks, unique approval and nonapproval

16  numbers, license identification numbers, and transaction

17  numbers corresponding to such dates for a period of not longer

18  than 2 years or as otherwise required by law.

19         (c)  Nothing in this chapter shall be construed to

20  allow the State of Florida to maintain records containing the

21  names of purchasers or transferees who receive unique approval

22  numbers or to maintain records of firearm transactions.

23         (d)  Any officer or employee, or former officer or

24  employee of the Department of Law Enforcement or law

25  enforcement agency who intentionally and maliciously violates

26  the provisions of this subsection commits a felony of the

27  third degree punishable as provided in s. 775.082 or s.

28  775.083.

29         (5)  The Department of Law Enforcement shall establish

30  a toll-free telephone number which shall be operational 7 days

31  a week with the exception of Christmas Day and New Year's Day,

                                  36

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  for a period of 12 hours a day beginning at 9 a.m. and ending

 2  at 9 p.m., for purposes of responding to inquiries as

 3  described in this section from licensed manufacturers,

 4  licensed importers, and licensed dealers.  The Department of

 5  Law Enforcement shall employ and train such personnel as are

 6  necessary expeditiously to administer the provisions of this

 7  section.

 8         (6)  Any person who is denied the right to receive or

 9  purchase a firearm as a result of the procedures established

10  by this section may request a criminal history records review

11  and correction in accordance with the rules promulgated by the

12  Department of Law Enforcement.

13         (7)  It shall be unlawful for any licensed dealer,

14  licensed manufacturer, or licensed importer willfully and

15  intentionally to request criminal history record information

16  under false pretenses, or willfully and intentionally to

17  disseminate criminal history record information to any person

18  other than the subject of such information.  Any person

19  convicted of a violation of this subsection commits a felony

20  of the third degree punishable as provided in s. 775.082 or s.

21  775.083.

22         (8)  The Department of Law Enforcement shall promulgate

23  regulations to ensure the identity, confidentiality, and

24  security of all records and data provided pursuant to this

25  section.

26         (9)  This section shall become effective at such time

27  as the Department of Law Enforcement has notified all licensed

28  importers, licensed manufacturers, and licensed dealers in

29  writing that the procedures and toll-free number described in

30  this section are operational. This section shall remain in

31  

                                  37

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  effect only during such times as the procedures described in

 2  subsection (2) remain operational.

 3         (10)  A licensed importer, licensed manufacturer, or

 4  licensed dealer is not required to comply with the

 5  requirements of this section in the event of:

 6         (a)  Unavailability of telephone service at the

 7  licensed premises due to the failure of the entity which

 8  provides telephone service in the state, region, or other

 9  geographical area in which the licensee is located to provide

10  telephone service to the premises of the licensee due to the

11  location of said premises; or the interruption of telephone

12  service by reason of hurricane, tornado, flood, natural

13  disaster, or other act of God, war, invasion, insurrection,

14  riot, or other bona fide emergency, or other reason beyond the

15  control of the licensee; or

16         (b)  Failure of the Department of Law Enforcement to

17  comply with the requirements of subsections (2) and (3).

18         (11)  Compliance with the provisions of this chapter

19  shall be a complete defense to any claim or cause of action

20  under the laws of any state for liability for damages arising

21  from the importation or manufacture, or the subsequent sale or

22  transfer to any person who has been convicted in any court of

23  a crime punishable by imprisonment for a term exceeding 1

24  year, of any firearm which has been shipped or transported in

25  interstate or foreign commerce.  The Department of Law

26  Enforcement, its agents and employees shall not be liable for

27  any claim or cause of action under the laws of any state for

28  liability for damages arising from its actions in lawful

29  compliance with this section.

30         (12)(a)  Any potential buyer or transferee who

31  willfully and knowingly provides false information or false or

                                  38

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  fraudulent identification commits a felony of the third degree

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

 3         (b)  Any licensed importer, licensed manufacturer, or

 4  licensed dealer who violates the provisions of subsection (1)

 5  commits a felony of the third degree punishable as provided in

 6  s. 775.082 or s. 775.083.

 7         (c)  Any employee or agency of a licensed importer,

 8  licensed manufacturer, or licensed dealer who violates the

 9  provisions of subsection (1) commits a felony of the third

10  degree punishable as provided in s. 775.082 or s. 775.083.

11         (d)  Any person who knowingly acquires a firearm

12  through purchase or transfer intended for the use of a person

13  who is prohibited by state or federal law from possessing or

14  receiving a firearm commits a felony of the third degree,

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

16         (13)  This section does not apply to employees of

17  sheriff's offices, municipal police departments, correctional

18  facilities or agencies, or other criminal justice or

19  governmental agencies when the purchases or transfers are made

20  on behalf of an employing agency for official law enforcement

21  purposes.

22         (14)  This section is repealed effective June 1, 2004.

23         Section 14.  Section 901.15, Florida Statutes, is

24  amended to read:

25         901.15  When arrest by officer without warrant is

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

27  a warrant when:

28         (1)  The person has committed a felony or misdemeanor

29  or violated a municipal or county ordinance in the presence of

30  the officer.  An arrest for the commission of a misdemeanor or

31  

                                  39

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  the violation of a municipal or county ordinance shall be made

 2  immediately or in fresh pursuit.

 3         (2)  A felony has been committed and he or she

 4  reasonably believes that the person committed it.

 5         (3)  He or she reasonably believes that a felony has

 6  been or is being committed and that the person to be arrested

 7  has committed or is committing it.

 8         (4)  A warrant for the arrest has been issued and is

 9  held by another peace officer for execution.

10         (5)  A violation of chapter 316 has been committed in

11  the presence of the officer.  Such an arrest may be made

12  immediately or in fresh pursuit. Any law enforcement officer,

13  upon receiving information relayed to him or her from a fellow

14  officer stationed on the ground or in the air that a driver of

15  a vehicle has violated chapter 316, may arrest the driver for

16  violation of those laws when reasonable and proper

17  identification of the vehicle and the violation has been

18  communicated to the arresting officer.

19         (6)  There is probable cause to believe that the person

20  has committed a criminal act according to s. 790.233 or

21  according to s. 741.31 or s. 784.047 which violates an

22  injunction for protection entered pursuant to s. 741.30 or s.

23  784.046, or a foreign protection order accorded full faith and

24  credit pursuant to s. 741.315, over the objection of the

25  petitioner, if necessary.

26         (7)  There is probable cause to believe that the person

27  has committed an act of domestic violence, as defined in s.

28  741.28. The decision to arrest shall not require consent of

29  the victim or consideration of the relationship of the

30  parties. It is the public policy of this state to strongly

31  discourage arrest and charges of both parties for domestic

                                  40

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  violence on each other and to encourage training of law

 2  enforcement and prosecutors in this area. A law enforcement

 3  officer who acts in good faith and exercises due care in

 4  making an arrest under this subsection, under s. 741.31(4) or

 5  s. 784.047, or pursuant to a foreign order of protection

 6  accorded full faith and credit pursuant to s. 741.315, is

 7  immune from civil liability that otherwise might result by

 8  reason of his or her action.

 9         (8)  There is probable cause to believe that the person

10  has committed child abuse, as defined in s. 827.03. The

11  decision to arrest shall not require consent of the victim or

12  consideration of the relationship of the parties. It is the

13  public policy of this state to protect abused children by

14  strongly encouraging the arrest and prosecution of persons who

15  commit child abuse. A law enforcement officer who acts in good

16  faith and exercises due care in making an arrest under this

17  subsection is immune from civil liability that otherwise might

18  result by reason of his or her action.

19         (9)  There is probable cause to believe that the person

20  has committed:

21         (a)  Any battery upon another person, as defined in s.

22  784.03.

23         (b)  An act of criminal mischief or a graffiti-related

24  offense as described in s. 806.13.

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

26  the person has knowingly committed an act of repeat violence,

27  dating violence, or sexual violence in violation of an

28  injunction for protection from repeat violence entered

29  pursuant to s. 784.046 or a foreign protection order accorded

30  full faith and credit pursuant to s. 741.315.

31  

                                  41

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         (11)  The officer has determined that he or she has

 2  probable cause to believe that a misdemeanor has been

 3  committed, based upon a signed affidavit provided to the

 4  officer by a law enforcement officer of the United States

 5  Government, recognized as such by United States statute, or a

 6  United States military law enforcement officer, recognized as

 7  such by the Uniform Code of Military Justice or the United

 8  States Department of Defense Regulations, when the misdemeanor

 9  was committed in the presence of the United States law

10  enforcement officer or the United States military law

11  enforcement officer on federal military property over which

12  the state has maintained exclusive jurisdiction for such a

13  misdemeanor.

14         (12)(a)  A law enforcement officer of the Florida

15  National Guard, recognized as such by the Uniform Code of

16  Military Justice or the United States Department of Defense

17  Regulations, has probable cause to believe a felony was

18  committed on state military property or when a felony or

19  misdemeanor was committed in his or her presence on such

20  property.

21         (b)  All law enforcement officers of the Florida

22  National Guard shall promptly surrender all persons arrested

23  and charged with a felony to the sheriff of the county within

24  which the state military property is located, and all persons

25  arrested and charged with misdemeanors shall be surrendered to

26  the applicable authority as may be provided by law, but

27  otherwise to the sheriff of the county in which the state

28  military property is located.  The Florida National Guard

29  shall promptly notify the applicable law enforcement agency of

30  an arrest and the location of the prisoner.

31  

                                  42

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1         (c)  The Adjutant General, in consultation with the

 2  Criminal Justice Standards and Training Commission, shall

 3  prescribe minimum training standards for such law enforcement

 4  officers of the Florida National Guard.

 5         (13)  He or she is employed by the State of Florida as

 6  a law enforcement officer as defined in s. 943.10(1) or

 7  part-time law enforcement officer as defined in s. 943.10(6),

 8  and:

 9         (a)  He or she reasonably believes that a felony

10  involving violence has been or is being committed and that the

11  person to be arrested has committed or is committing the

12  felony;

13         (b)  While engaged in the exercise of his or her state

14  law enforcement duties, the officer reasonably believes that a

15  felony has been or is being committed; or

16         (c)  A felony warrant for the arrest has been issued

17  and is being held for execution by another peace officer.

18  

19  Notwithstanding any other provision of law, the authority of

20  an officer pursuant to this subsection is statewide.  This

21  subsection does not limit the arrest authority conferred on

22  such officer by any other provision of law.

23         (14)  There is probable cause to believe that the

24  person has committed an act that violates a condition of

25  pretrial release provided in s. 903.047 when the original

26  arrest was for an act of domestic violence as defined in s.

27  741.28 or, repeat violence, dating violence, or sexual

28  violence as defined in s. 784.046.

29         (15)  There is probable cause to believe that the

30  person has committed trespass in a secure area of an airport

31  when signs are posted in conspicuous areas of the airport

                                  43

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  which notify that unauthorized entry into such areas

 2  constitutes a trespass and specify the methods for gaining

 3  authorized access to such areas.  An arrest under this

 4  subsection may be made on or off airport premises.  A law

 5  enforcement officer who acts in good faith and exercises due

 6  care in making an arrest under this subsection is immune from

 7  civil liability that otherwise might result by reason of the

 8  law enforcement officer's action.

 9         (16)  There is probable cause to believe that the

10  person has committed assault upon a law enforcement officer, a

11  firefighter, an emergency medical care provider, public

12  transit employees or agents, or other specified officers as

13  set forth in s. 784.07 or has committed assault or battery

14  upon any employee of a receiving facility as defined in s.

15  394.455 who is engaged in the lawful performance of his or her

16  duties.

17         Section 15.  For the purpose of incorporating the

18  amendments made by this act to section 784.048, Florida

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

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

21  read:

22         921.0022  Criminal Punishment Code; offense severity

23  ranking chart.--

24         (3)  OFFENSE SEVERITY RANKING CHART

25  

26  Florida           Felony

27  Statute           Degree             Description

28  

29    

30                              (g)  LEVEL 7

31  

                                  44

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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  

                                  45

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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  

                                  46

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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.

                                  47

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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  

                                  48

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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  

                                  49

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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  

                                  50

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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  

                                  51

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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  

                                  52

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 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 16.  Paragraph (e) of section (2) of section

 7  943.05, Florida Statutes, is amended to read:

 8         943.05  Criminal Justice Information Program; duties;

 9  crime reports.--

10         (2)  The program shall:

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

12  Repeat Violence Injunction Statewide Verification System

13  capable of electronically transmitting information to and

14  between criminal justice agencies relating to injunctions

15  against domestic violence, repeat violence, dating violence,

16  and sexual violence domestic violence injunctions and repeat

17  violence injunctions issued by the courts throughout the

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

19  information as to the existence and status of any such

20  injunction for verification purposes.

21         Section 17.  This act shall take effect July 1, 2003.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  53

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 294

 3                                 

 4  
    Amends section 61.1825, F.S., to add injunctions against
 5  dating violence and sexual violence to the types of violence
    injunctions that require the placement of a family violence
 6  indicator on Title-IV child support cases in the state case
    registry. It also reflects the redesignation of the Domestic
 7  Violence and Repeat Injunction Statewide Verification System
    as the "Violence Injunction Statewide Verification System."
 8  
    Reenacts section 61.1827, F.S., to incorporate and conform to
 9  the changes made to ss.61.1825, 741.31 and 784.046.

10  Amends section 741.2901(3), F.S., to add injunctions against
    dating violence and sexual violence to the types of violence
11  injunctions for which the state attorney in a domestic
    violence investigation is obligated to check into a
12  defendant's history.

13  Amends section 741.30, F.S., to reflect the new name of the
    "Violence Injunction Statewide Verification System." Reenacts
14  741.31, F.S., relating to violations of injunctions against
    domestic violence, to incorporate and conform to the changes
15  made to s.741.2901 and 741.315, F.S.

16  Amends section 775.315, F.S., to clarify that repeat violence
    injunctions, dating violence injunctions, and the newly
17  created sexual violence injunctions entered by a court of a
    foreign state are to be accorded full faith and credit as are
18  currently accorded injunctions against domestic violence.

19  Amends section 775.084(1), F.S., to reflect the addition of
    the violence of an injunction against sexual violence as an
20  underlying element for the offense of aggravated stalking
    which subjects an offender to enhanced penalties and mandatory
21  minimum prison terms for habitual offenders and violence
    career criminals.
22  
    Amends section 784.047, F.S., to create a first-degree
23  misdemeanor for violation of an injunction against sexual
    violence is currently the case for violation of an injunction
24  against dating violence or repeat violence as granted under s.
    784.046, F.S.
25  
    Amends section 784.048, F.S., to add that violation of a
26  sexual violence injunction constitutes an underlying element
    of aggravated stalking when the person knowingly, willfully,
27  maliciously, and repeatedly follows or harasses another person
    after such injunction is issued.
28  
    Amends section 790.06, F.S., to reflect that the existence of
29  a dating violence injunction and a sexual violence injunction
    may be the basis for denying or suspending a license or
30  application for a firearm which is currently the case for
    domestic violence injunctions and repeat violence injunctions.
31  
    Amends section 790.065, F.S., to require criminal background
                                  54

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






    Florida Senate - 2003                            CS for SB 294
    308-1965-03




 1  checks during the sale and delivery of firearms to include a
    review of records for entry of an injunction against sexual
 2  violence which is currently the case for injunctions against
    dating violence, domestic violence or repeat violence.
 3  
    Amends section 901.15, F.S., to allow law enforcement to
 4  arrest a person without a warrant under specified
    circumstances when there is probable cause to believe that the
 5  person has violated an injunction against sexual violence
    which authority is already granted in statute for violation of
 6  injunctions against repeat violence and dating violence or a
    foreign protection order accorded full faith and credit under
 7  s. 741.315, F.S.

 8  Reenacts section  921.0022(3)(g), F.S., relating to the
    offense severity ranking chart for sentencing under the
 9  criminal punishment code, to incorporate and conform to the
    changes made to s. 784.048(4), F.S., which adds dating
10  violence and sexual violence as an underlying element for the
    third-degree felony offense of aggravated stalking.
11  
    Amends section 943.05(2), F.S., to require reporting of
12  injunctions against sexual violence and dating violence to the
    list of injunctions to be reported to the statewide
13  verification system of the Criminal Justice Information
    Program  and renames injunction statewide verification system.
14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  55

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