| 1 | A bill to be entitled |
| 2 | An act relating to protective injunctions; amending s. |
| 3 | 784.046, F.S.; limiting the application of an evidentiary |
| 4 | requirement with respect to injunctions for protection of |
| 5 | minor children; providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Paragraph (a) of subsection (4) of section |
| 10 | 784.046, Florida Statutes, is amended to read: |
| 11 | 784.046 Action by victim of repeat violence, sexual |
| 12 | violence, or dating violence for protective injunction; powers |
| 13 | and duties of court and clerk of court; filing and form of |
| 14 | petition; notice and hearing; temporary injunction; issuance; |
| 15 | statewide verification system; enforcement.-- |
| 16 | (4)(a) The sworn petition shall allege the incidents of |
| 17 | repeat violence, sexual violence, or dating violence and shall |
| 18 | include the specific facts and circumstances that form the basis |
| 19 | upon which relief is sought. With respect to a minor child who |
| 20 | is living at home, when the party against whom the protective |
| 21 | injunction is sought is also a parent, stepparent, or legal |
| 22 | guardian of the minor child, the parent or legal guardian of the |
| 23 | minor child seeking the protective injunction must have been an |
| 24 | eyewitness to, or have direct physical evidence or affidavits |
| 25 | from eyewitnesses of, the specific facts and circumstances which |
| 26 | form the basis upon which relief is sought, or other evidence of |
| 27 | those facts and circumstances having circumstantial guarantees |
| 28 | of trustworthiness. |
| 29 | Section 2. This act shall take effect upon becoming a law. |