HB 0495 2004
1	A bill to be entitled
2	An act relating to protective injunctions from repeat,
3	sexual, and dating violence; amending s. 784.046, F.S.;
4	providing for the confidential filing of certain
5	information in support of a petition for a protective
6	injunction from repeat, sexual, or dating violence when
7	such information is otherwise confidential and exempt;
8	revising requirements relating to documents filed in
9	support of such petition; amending ss. 784.047, and
10	784.08, F.S; clarifying cross references to conform;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Paragraph (b) of subsection (4) of section
16	784.046, Florida Statutes, is amended to read:
17	784.046 Action by victim of repeat violence, sexual
18	violence, or dating violence for protective injunction; powers
19	and duties of court and clerk of court; filing and form of
20	petition; notice and hearing; temporary injunction; issuance;
21	statewide verification system; enforcement.--
22	(4)
23	(b) The sworn petition must be in substantially the
24	following form:
25
26	PETITION FOR INJUNCTION FOR PROTECTION
27	AGAINST REPEAT VIOLENCE, SEXUAL
28	VIOLENCE, OR DATING VIOLENCE
29
30	Before me, the undersigned authority, personally appeared
31	Petitioner ... (Name) ..., who has been sworn and says that
32	the following statements are true:
33
34	1. Petitioner resides at ... (address) ... (petitioner
35	may furnish an address to the court in a separate confidential
36	filing if such information is otherwise confidential and exempt
37	from the provisions of chapter 119 and s. 24, Art. I of the
38	State Constitution) ...
39	2. Respondent resides at ... (address) ...
40	3.a. Petitioner has suffered repeat violence as
41	demonstrated by the fact that the respondent has:
42	... (enumerate incidents of violence) ...
43
44	________________________________________
45	________________________________________
46	________________________________________
47
48	b. Petitioner has suffered sexual violence as demonstrated
49	by the fact that the respondent has: (enumerate incident of
50	violence and include attach incident report number from bylaw
51	enforcement agency or attachnotice of inmate release.)
52
53	________________________________________
54	________________________________________
55	________________________________________
56
57	c. Petitioner is a victim of dating violence and has
58	reasonable cause to believe that he or she is in imminent danger
59	of becoming the victim of another act of dating violence or has
60	reasonable cause to believe that he or she is in imminent danger
61	of becoming a victim of dating violence, as demonstrated by the
62	fact that the respondent has: ... (list the specific incident
63	or incidents of violence and describe the length of time of the
64	relationship, whether it has been in existence during the last 6
65	months, the nature of the relationship of a romantic or intimate
66	nature, the frequency and type of interaction, and any other
67	facts that characterize the relationship.) ...
68
69	________________________________________
70	________________________________________
71	________________________________________
72
73	4. Petitioner genuinely fears repeat violence by the
74	respondent.
75	5. Petitioner seeks: an immediate injunction against the
76	respondent, enjoining him or her from committing any further
77	acts of violence; an injunction enjoining the respondent from
78	committing any further acts of violence; and an injunction
79	providing any terms the court deems necessary for the protection
80	of the petitioner and the petitioner's immediate family,
81	including any injunctions or directives to law enforcement
82	agencies.
83	Section 2. Section 784.047, Florida Statutes, is amended
84	to read:
85	784.047 Penalties for violating protective injunction
86	against violators.--A person who willfully violates an
87	injunction for protection against repeat violence, sexual
88	violence,or dating violence, issued pursuant to s. 784.046, or
89	a foreign protection order accorded full faith and credit
90	pursuant to s. 741.315 by:
91	(1) Refusing to vacate the dwelling that the parties
92	share;
93	(2) Going to the petitioner's residence, school, place of
94	employment, or a specified place frequented regularly by the
95	petitioner and any named family or household member;
96	(3) Committing an act of repeat violence, sexual violence,
97	or dating violence against the petitioner;
98	(4) Committing any other violation of the injunction
99	through an intentional unlawful threat, word, or act to do
100	violence to the petitioner; or
101	(5) Telephoning, contacting, or otherwise communicating
102	with the petitioner directly or indirectly, unless the
103	injunction specifically allows indirect contact through a third
104	party;
105
106	commits a misdemeanor of the first degree, punishable as
107	provided in s. 775.082 or s. 775.083.
108	Section 3. Subsection (4) of section 784.048, Florida
109	Statutes, is amended to read:
110	784.048 Stalking; definitions; penalties.--
111	(4) Any person who, after an injunction for protection
112	against repeat violence, sexual violence,or dating violence
113	pursuant to s. 784.046, or an injunction for protection against
114	domestic violence pursuant to s. 741.30, or after any other
115	court-imposed prohibition of conduct toward the subject person
116	or that person's property, knowingly, willfully, maliciously,
117	and repeatedly follows, harasses, or cyberstalks another person
118	commits the offense of aggravated stalking, a felony of the
119	third degree, punishable as provided in s. 775.082, s. 775.083,
120	or s. 775.084.
121	Section 4. This act shall take effect July 1, 2004.