HB 0495

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to protective injunctions from repeat,
8	sexual, and dating violence; amending s. 784.046, F.S.;
9	providing that a petitioner for an injunction for
10	protection against sexual violence may list the address of
11	his or her current residence in a separate confidential
12	filing in certain circumstances; revising requirements
13	relating to documents filed in support of such petition;
14	deleting a provision providing for service of the
15	petition, notice of hearing, and any temporary injunction
16	in circumstances where the respondent is in the custody of
17	the Department of Corrections; deleting a provision
18	authorizing service by a correctional officer and
19	specifying the circumstances of such service; revising a
20	cross reference to conform; amending ss. 784.047, and
21	784.08, F.S; clarifying cross references to conform;
22	amending s. 901.15, F.S.; deleting a provision authorizing
23	an officer to make an arrest without a warrant in certain
24	circumstances; amending s. 20.165, F.S.; revising a cross
25	reference to conform; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Paragraph (b) of subsection (4), paragraph (a)
30	of subsection (8), and paragraph (b) of subsection (9) of
31	section 784.046, Florida Statutes, are amended to read:
32	784.046  Action by victim of repeat violence, sexual
33	violence, or dating violence for protective injunction; powers
34	and duties of court and clerk of court; filing and form of
35	petition; notice and hearing; temporary injunction; issuance;
36	statewide verification system; enforcement.--
37	(4)
38	(b)  The sworn petition must be in substantially the
39	following form:
40
41	PETITION FOR INJUNCTION FOR PROTECTION
42	AGAINST REPEAT VIOLENCE, SEXUAL
43	VIOLENCE, OR DATING VIOLENCE
44
45	Before me, the undersigned authority, personally appeared
46	Petitioner ...  (Name)  ..., who has been sworn and says that
47	the following statements are true:
48
49	1.  Petitioner resides at ...  (address)  ...  (A
50	petitioner for an injunction for protection against sexual
51	violence may furnish an address to the court in a separate
52	confidential filing if, for safety reasons, the petitioner
53	requires the location of his or her current residence to be
54	confidential pursuant to s. 119.07(3)(s), Florida Statutes.)
55	...
56	2.  Respondent resides at ...  (address)  ...
57	3.a.  Petitioner has suffered repeat violence as
58	demonstrated by the fact that the respondent has:
59	...  (enumerate incidents of violence)  ...
60
61	________________________________________
62	________________________________________
63	________________________________________
64
65	b.  Petitioner has suffered sexual violence as demonstrated
66	by the fact that the respondent has: (enumerate incident of
67	violence and include attach incident report number from by law
68	enforcement agency or attach notice of inmate release.)
69
70	________________________________________
71	________________________________________
72	________________________________________
73
74	c.  Petitioner is a victim of dating violence and has
75	reasonable cause to believe that he or she is in imminent danger
76	of becoming the victim of another act of dating violence or has
77	reasonable cause to believe that he or she is in imminent danger
78	of becoming a victim of dating violence, as demonstrated by the
79	fact that the respondent has: ...  (list the specific incident
80	or incidents of violence and describe the length of time of the
81	relationship, whether it has been in existence during the last 6
82	months, the nature of the relationship of a romantic or intimate
83	nature, the frequency and type of interaction, and any other
84	facts that characterize the relationship.)  ...
85
86	________________________________________
87	________________________________________
88	________________________________________
89
90	4.  Petitioner genuinely fears repeat violence by the
91	respondent.
92	5.  Petitioner seeks: an immediate injunction against the
93	respondent, enjoining him or her from committing any further
94	acts of violence; an injunction enjoining the respondent from
95	committing any further acts of violence; and an injunction
96	providing any terms the court deems necessary for the protection
97	of the petitioner and the petitioner's immediate family,
98	including any injunctions or directives to law enforcement
99	agencies.
100	(8)(a)1.  The clerk of the court shall furnish a copy of
101	the petition, notice of hearing, and temporary injunction, if
102	any, to the sheriff or a law enforcement agency of the county
103	where the respondent resides or can be found, who shall serve it
104	upon the respondent as soon thereafter as possible on any day of
105	the week and at any time of the day or night. The clerk of the
106	court shall be responsible for furnishing to the sheriff such
107	information on the respondent's physical description and
108	location as is required by the department to comply with the
109	verification procedures set forth in this section.
110	Notwithstanding any other provision of law to the contrary, the
111	chief judge of each circuit, in consultation with the
112	appropriate sheriff, may authorize a law enforcement agency
113	within the chief judge's jurisdiction to effect this type of
114	service and to receive a portion of the service fee. No person
115	shall be authorized or permitted to serve or execute an
116	injunction issued under this section unless the person is a law
117	enforcement officer as defined in chapter 943.
118	2.  If the respondent is in the custody of the Department
119	of Corrections and the petition for an injunction has been filed
120	as provided in subparagraph (2)(c)2., the clerk of the court
121	shall furnish a copy of the petition, notice of hearing, and
122	temporary injunction, if any, to the Department of Corrections
123	and copies shall be served upon the respondent as soon
124	thereafter as possible on any day of the week and at any time of
125	the day or night. The petition, notice of hearing, or temporary
126	injunction may be served in a state prison by a correctional
127	officer as defined in chapter 943. If the respondent in custody
128	is not served before his or her release, a copy of the petition,
129	notice of hearing, and temporary injunction, if any, shall be
130	forwarded to the sheriff of the county specified in the
131	respondent's release plan for service as provided in
132	subparagraph 1.
133	2.3.  When an injunction is issued, if the petitioner
134	requests the assistance of a law enforcement agency, the court
135	may order that an officer from the appropriate law enforcement
136	agency accompany the petitioner and assist in the execution or
137	service of the injunction. A law enforcement officer shall
138	accept a copy of an injunction for protection against repeat
139	violence, sexual violence, or dating violence, certified by the
140	clerk of the court, from the petitioner and immediately serve it
141	upon a respondent who has been located but not yet served.
142	(9)
143	(b)  If the respondent is arrested by a law enforcement
144	officer under s. 901.15(6)(10) for committing an act of repeat
145	violence, sexual violence, or dating violence in violation of an
146	injunction for protection, the respondent shall be held in
147	custody until brought before the court as expeditiously as
148	possible for the purpose of enforcing the injunction and for
149	admittance to bail in accordance with chapter 903 and the
150	applicable rules of criminal procedure, pending a hearing.
151	Section 2.  Section 784.047, Florida Statutes, is amended
152	to read:
153	784.047  Penalties for violating protective injunction
154	against violators.--A person who willfully violates an
155	injunction for protection against repeat violence, sexual
156	violence, or dating violence, issued pursuant to s. 784.046, or
157	a foreign protection order accorded full faith and credit
158	pursuant to s. 741.315 by:
159	(1)  Refusing to vacate the dwelling that the parties
160	share;
161	(2)  Going to the petitioner's residence, school, place of
162	employment, or a specified place frequented regularly by the
163	petitioner and any named family or household member;
164	(3)  Committing an act of repeat violence, sexual violence,
165	or dating violence against the petitioner;
166	(4)  Committing any other violation of the injunction
167	through an intentional unlawful threat, word, or act to do
168	violence to the petitioner; or
169	(5)  Telephoning, contacting, or otherwise communicating
170	with the petitioner directly or indirectly, unless the
171	injunction specifically allows indirect contact through a third
172	party;
173
174	commits a misdemeanor of the first degree, punishable as
175	provided in s. 775.082 or s. 775.083.
176	Section 3.  Subsection (4) of section 784.048, Florida
177	Statutes, is amended to read:
178	784.048  Stalking; definitions; penalties.--
179	(4)  Any person who, after an injunction for protection
180	against repeat violence, sexual violence, or dating violence
181	pursuant to s. 784.046, or an injunction for protection against
182	domestic violence pursuant to s. 741.30, or after any other
183	court-imposed prohibition of conduct toward the subject person
184	or that person's property, knowingly, willfully, maliciously,
185	and repeatedly follows, harasses, or cyberstalks another person
186	commits the offense of aggravated stalking, a felony of the
187	third degree, punishable as provided in s. 775.082, s. 775.083,
188	or s. 775.084.
189	Section 4.  Subsection (10) of section 901.15, Florida
190	Statutes, is amended, and present subsections (11) through (16)
191	are redesignated as subsections (10) through (15), respectively,
192	to read:
193	901.15  When arrest by officer without warrant is lawful.--
194	A law enforcement officer may arrest a person without a warrant
195	when:
196	(10)  The officer has probable cause to believe that the
197	person has knowingly committed an act of repeat violence in
198	violation of an injunction for protection from repeat violence
199	entered pursuant to s. 784.046 or a foreign protection order
200	accorded full faith and credit pursuant to s. 741.315.
201	Section 5.  Paragraph (b) of subsection (9) of section
202	20.165, Florida Statutes, is amended to read:
203	20.165  Department of Business and Professional
204	Regulation.--There is created a Department of Business and
205	Professional Regulation.
206	(9)
207	(b)  All employees certified under chapter 943 as law
208	enforcement officers shall have felony arrest powers under s.
209	901.15(10)(11) and shall have all the powers of deputy sheriffs
210	to:
211	1.  Investigate, enforce, and prosecute, throughout the
212	state, violations and violators of:
213	a.  Parts I and II of chapter 210; part VII of chapter 559;
214	and chapters 561-569; and the rules promulgated thereunder, as
215	well as other state laws which the division, all state law
216	enforcement officers, or beverage enforcement agents are
217	specifically authorized to enforce.
218	b.  All other state laws, provided that the employee
219	exercises the powers of a deputy sheriff, only after
220	consultation and in coordination with the appropriate local
221	sheriff's office, and only if the violation could result in an
222	administrative proceeding against a license or permit issued by
223	the division.
224	2.  Enforce all criminal laws of the state within specified
225	jurisdictions when the division is a party to a written mutual
226	aid agreement with a state agency, sheriff, or municipal police
227	department, or when the division participates in the Florida
228	Mutual Aid Plan during a declared state emergency.
229	Section 6.  This act shall take effect July 1, 2004.

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