1 | The Committee on Public Safety & Crime Prevention recommends the |
2 | following: |
3 |
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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 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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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 |
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41 | PETITION FOR INJUNCTION FOR PROTECTION |
42 | AGAINST REPEAT VIOLENCE, SEXUAL |
43 | VIOLENCE, OR DATING VIOLENCE |
44 |
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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 |
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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 |
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61 | ________________________________________ |
62 | ________________________________________ |
63 | ________________________________________ |
64 |
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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 |
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70 | ________________________________________ |
71 | ________________________________________ |
72 | ________________________________________ |
73 |
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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 |
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86 | ________________________________________ |
87 | ________________________________________ |
88 | ________________________________________ |
89 |
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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 |
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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. |