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