HB 1897

1
A bill to be entitled
2An act relating to protective injunctions; amending s.
3784.046, F.S.; limiting the application of an evidentiary
4requirement with respect to injunctions for protection of
5minor children; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Paragraph (a) of subsection (4) of section
10784.046, Florida Statutes, is amended to read:
11     784.046  Action by victim of repeat violence, sexual
12violence, or dating violence for protective injunction; powers
13and duties of court and clerk of court; filing and form of
14petition; notice and hearing; temporary injunction; issuance;
15statewide verification system; enforcement.--
16     (4)(a)  The sworn petition shall allege the incidents of
17repeat violence, sexual violence, or dating violence and shall
18include the specific facts and circumstances that form the basis
19upon which relief is sought. With respect to a minor child who
20is living at home, where the party against whom the protective
21injunction is sought is also a parent, stepparent or legal
22guardian of the minor child, the parent or legal guardian of the
23minor child seeking the protective injunction must have been an
24eyewitness to, or have direct physical evidence or affidavits
25from eyewitnesses of, the specific facts and circumstances which
26form the basis upon which relief is sought, or other evidence of
27those facts and circumstances having circumstantial guarantees
28of trustworthiness.
29     Section 2.  This act shall take effect upon becoming a law.


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