Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 348
Barcode 163006
CHAMBER ACTION
Senate House
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04/21/2005 04:57 PM .
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11 Senator Crist moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 31, between lines 20 and 21,
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16 insert:
17 Section 13. Paragraph (a) of subsection (2) and
18 paragraph (a) of subsection (4) of section 784.046, Florida
19 Statutes, are amended to read:
20 784.046 Action by victim of repeat violence, sexual
21 violence, or dating violence for protective injunction; powers
22 and duties of court and clerk of court; filing and form of
23 petition; notice and hearing; temporary injunction; issuance;
24 statewide verification system; enforcement.--
25 (2) There is created a cause of action for an
26 injunction for protection in cases of repeat violence, there
27 is created a separate cause of action for an injunction for
28 protection in cases of dating violence, and there is created a
29 separate cause of action for an injunction for protection in
30 cases of sexual violence.
31 (a) Any person who is the victim of repeat violence or
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 348
Barcode 163006
1 the parent or legal guardian of any minor child who is living
2 at home and who seeks an injunction for protection against
3 repeat violence on behalf of the minor child or any
4 governmental employer of any person who is the victim of
5 repeat violence in a public workplace who seeks an injunction
6 for protection against repeat violence on behalf of the
7 employee has standing in the circuit court to file a sworn
8 petition for an injunction for protection against repeat
9 violence.
10 (4)(a) The sworn petition shall allege the incidents
11 of repeat violence, sexual violence, or dating violence and
12 shall include the specific facts and circumstances that form
13 the basis upon which relief is sought. With respect to a minor
14 child who is living at home, the parent or legal guardian
15 seeking the protective injunction on behalf of the minor child
16 must:
17 1. Have been an eyewitness to, or have direct physical
18 evidence or affidavits from eyewitnesses of, the specific
19 facts and circumstances which form the basis upon which relief
20 is sought, if the party against whom the protective injunction
21 is sought is also a parent, stepparent, or legal guardian of
22 the minor child; or
23 2. Have reasonable cause to believe that the minor
24 child is a victim of repeat, sexual, or dating violence to
25 form the basis upon which relief is sought, if the party
26 against whom the protective injunction is sought is a person
27 other than a parent, stepparent, or legal guardian of the
28 minor child.
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30 (Redesignate subsequent sections.)
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 348
Barcode 163006
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 2, delete that line
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5 and insert:
6 An act relating to judicial proceedings;
7 amending s. 784.046, F.S.; providing standing
8 for a governmental employer to seek an
9 injunction for protection against repeat
10 violence on behalf of an employee; revising the
11 application of evidentiary requirements with
12 respect to injunctions for protection of minor
13 children;
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