| 1 | The Civil Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to protective injunctions; amending s. |
| 7 | 784.046, F.S.; limiting the application of an evidentiary |
| 8 | requirement with respect to injunctions for protection of |
| 9 | minor children; providing an effective date. |
| 10 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 13 | Section 1. Paragraph (a) of subsection (4) of section |
| 14 | 784.046, Florida Statutes, is amended to read: |
| 15 | 784.046 Action by victim of repeat violence, sexual |
| 16 | violence, or dating violence for protective injunction; powers |
| 17 | and duties of court and clerk of court; filing and form of |
| 18 | petition; notice and hearing; temporary injunction; issuance; |
| 19 | statewide verification system; enforcement.-- |
| 20 | (4)(a) The sworn petition shall allege the incidents of |
| 21 | repeat violence, sexual violence, or dating violence and shall |
| 22 | include the specific facts and circumstances that form the basis |
| 23 | upon which relief is sought. With respect to a minor child who |
| 24 | is living at home, the parent or legal guardian seeking the |
| 25 | protective injunction on behalf of the minor child must: |
| 26 | 1. Have been an eyewitness to, or have direct physical |
| 27 | evidence or affidavits from eyewitnesses of, the specific facts |
| 28 | and circumstances that which form the basis upon which relief is |
| 29 | sought, if the party against whom the protective injunction is |
| 30 | sought is also a parent, stepparent, or legal guardian of the |
| 31 | minor child; or |
| 32 | 2. Have reasonable cause to believe that the minor child |
| 33 | is a victim of repeat, sexual, or dating violence to form the |
| 34 | basis upon which relief is sought, if the party against whom the |
| 35 | protective injunction is sought is a person other than a parent, |
| 36 | stepparent, or legal guardian of the minor child. |
| 37 | Section 2. This act shall take effect upon becoming a law. |