| 1 | A bill to be entitled |
| 2 | An act relating to protective injunctions; amending s. |
| 3 | 741.31, F.S.; increasing the criminal penalty for certain |
| 4 | violations of protective injunctions against domestic |
| 5 | violence from a misdemeanor of the first degree to a felony |
| 6 | of the second degree; amending s. 784.047, F.S.; increasing |
| 7 | the criminal penalty for certain violations of protective |
| 8 | injunctions against repeat violence, sexual violence, or |
| 9 | dating violence from a misdemeanor of the first degree to a |
| 10 | felony of the third degree; providing that it is a third- |
| 11 | degree felony to commit a crime against the property of a |
| 12 | petitioner or a protected person in violation of such |
| 13 | protective injunctions; reenacting s. 901.15(6) and (7), |
| 14 | F.S., relating to circumstances under which an arrest |
| 15 | without warrant is lawful, for the purpose of incorporating |
| 16 | the amendments to ss. 741.31 and 784.047, F.S., in |
| 17 | references thereto; providing applicability; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (4) of section 741.31, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 741.31 Violation of an injunction for protection against |
| 25 | domestic violence.-- |
| 26 | (4)(a) A person who willfully violates an injunction for |
| 27 | protection against domestic violence issued pursuant to s. |
| 28 | 741.30, or a foreign protection order accorded full faith and |
| 29 | credit pursuant to s. 741.315, by: |
| 30 | 1. Refusing to vacate the dwelling that the parties share; |
| 31 | 2. Going to, or being within 500 feet of, the petitioner's |
| 32 | residence, school, place of employment, or a specified place |
| 33 | frequented regularly by the petitioner and any named family or |
| 34 | household member; |
| 35 | 3. Committing an act of domestic violence against the |
| 36 | petitioner; |
| 37 | 4. Committing any other violation of the injunction |
| 38 | through an intentional unlawful threat, word, or act to do |
| 39 | violence to the petitioner; |
| 40 | 5. Telephoning, contacting, or otherwise communicating |
| 41 | with the petitioner directly or indirectly, unless the |
| 42 | injunction specifically allows indirect contact through a third |
| 43 | party; |
| 44 | 6. Knowingly and intentionally coming within 100 feet of |
| 45 | the petitioner's motor vehicle, whether or not that vehicle is |
| 46 | occupied; |
| 47 | 7. Defacing or destroying the petitioner's personal |
| 48 | property, including the petitioner's motor vehicle; or |
| 49 | 8. Refusing to surrender firearms or ammunition if ordered |
| 50 | to do so by the court |
| 51 |
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| 52 | commits a felony misdemeanor of the second first degree, |
| 53 | punishable as provided in s. 775.082, or s. 775.083, or s. |
| 54 | 775.084. |
| 55 | (b) A person who willfully violates an injunction for |
| 56 | protection against domestic violence by committing a crime |
| 57 | against the property of the petitioner or other protected person |
| 58 | commits a felony of the third degree, punishable as provided in |
| 59 | s. 775.082, s. 775.083, or s. 775.084. |
| 60 | (c)(b)1. It is a violation of s. 790.233, and a |
| 61 | misdemeanor of the first degree, punishable as provided in s. |
| 62 | 775.082 or s. 775.083, for a person to violate a final |
| 63 | injunction for protection against domestic violence by having in |
| 64 | his or her care, custody, possession, or control any firearm or |
| 65 | ammunition. |
| 66 | 2. It is the intent of the Legislature that the |
| 67 | disabilities regarding possession of firearms and ammunition are |
| 68 | consistent with federal law. Accordingly, this paragraph shall |
| 69 | not apply to a state or local officer as defined in s. |
| 70 | 943.10(14), holding an active certification, who receives or |
| 71 | possesses a firearm or ammunition for use in performing official |
| 72 | duties on behalf of the officer's employing agency, unless |
| 73 | otherwise prohibited by the employing agency. |
| 74 | Section 2. Section 784.047, Florida Statutes, is amended |
| 75 | to read: |
| 76 | 784.047 Penalties for violating protective injunction |
| 77 | against violators.-- |
| 78 | (1) A person who willfully violates an injunction for |
| 79 | protection against repeat violence, sexual violence, or dating |
| 80 | violence, issued pursuant to s. 784.046, or a foreign protection |
| 81 | order accorded full faith and credit pursuant to s. 741.315, by: |
| 82 | (a)(1) Refusing to vacate the dwelling that the parties |
| 83 | share; |
| 84 | (b)(2) Going to the petitioner's residence, school, place |
| 85 | of employment, or a specified place frequented regularly by the |
| 86 | petitioner and any named family or household member; |
| 87 | (c)(3) Committing an act of repeat violence or dating |
| 88 | violence against the petitioner; |
| 89 | (d)(4) Committing any other violation of the injunction |
| 90 | through an intentional unlawful threat, word, or act to do |
| 91 | violence to the petitioner; or |
| 92 | (e)(5) Telephoning, contacting, or otherwise communicating |
| 93 | with the petitioner directly or indirectly, unless the |
| 94 | injunction specifically allows indirect contact through a third |
| 95 | party,; |
| 96 |
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| 97 | commits a felony misdemeanor of the second first degree, |
| 98 | punishable as provided in s. 775.082, or s. 775.083, or s. |
| 99 | 775.084. |
| 100 | (2) A person who willfully violates an injunction for |
| 101 | protection against repeat violence, sexual violence, or dating |
| 102 | violence by committing a crime against the property of the |
| 103 | petitioner or other protected person commits a felony of the |
| 104 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 105 | or s. 775.084. |
| 106 | Section 3. For the purpose of incorporating the amendments |
| 107 | to sections 741.31 and 784.047, Florida Statutes, in references |
| 108 | thereto, subsections (6) and (7) of section 901.15, Florida |
| 109 | Statutes, are reenacted to read: |
| 110 | 901.15 When arrest by officer without warrant is lawful.-- |
| 111 | A law enforcement officer may arrest a person without a warrant |
| 112 | when: |
| 113 | (6) There is probable cause to believe that the person has |
| 114 | committed a criminal act according to s. 790.233 or according to |
| 115 | s. 741.31 or s. 784.047 which violates an injunction for |
| 116 | protection entered pursuant to s. 741.30 or s. 784.046, or a |
| 117 | foreign protection order accorded full faith and credit pursuant |
| 118 | to s. 741.315, over the objection of the petitioner, if |
| 119 | necessary. |
| 120 | (7) There is probable cause to believe that the person has |
| 121 | committed an act of domestic violence, as defined in s. 741.28. |
| 122 | The decision to arrest shall not require consent of the victim |
| 123 | or consideration of the relationship of the parties. It is the |
| 124 | public policy of this state to strongly discourage arrest and |
| 125 | charges of both parties for domestic violence on each other and |
| 126 | to encourage training of law enforcement and prosecutors in this |
| 127 | area. A law enforcement officer who acts in good faith and |
| 128 | exercises due care in making an arrest under this subsection, |
| 129 | under s. 741.31(4) or s. 784.047, or pursuant to a foreign order |
| 130 | of protection accorded full faith and credit pursuant to s. |
| 131 | 741.315, is immune from civil liability that otherwise might |
| 132 | result by reason of his or her action. |
| 133 | Section 4. This act shall take effect July 1, 2004, and |
| 134 | shall apply to offenses committed on or after that date. |