Senate Bill sb0512

    Florida Senate - 2005                                   SB 512

    By Senator Aronberg





    27-332-05

  1                      A bill to be entitled

  2         An act relating to protective injunctions;

  3         amending s. 784.046, F.S.; limiting the

  4         application of an evidentiary requirement with

  5         respect to injunctions for protection of minor

  6         children; providing an effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Paragraph (a) of subsection (4) of section

11  784.046, Florida Statutes, is amended to read:

12         784.046  Action by victim of repeat violence, sexual

13  violence, or dating violence for protective injunction; powers

14  and duties of court and clerk of court; filing and form of

15  petition; notice and hearing; temporary injunction; issuance;

16  statewide verification system; enforcement.--

17         (4)(a)  The sworn petition shall allege the incidents

18  of repeat violence, sexual violence, or dating violence and

19  shall include the specific facts and circumstances that form

20  the basis upon which relief is sought. With respect to a minor

21  child who is living at home, if the party against whom the

22  protective injunction is sought is also a parent, stepparent,

23  or legal guardian of the minor child, the parent or legal

24  guardian of the minor child seeking the protective injunction

25  must have been an eyewitness to, or have direct physical

26  evidence or affidavits from eyewitnesses of, the specific

27  facts and circumstances that which form the basis upon which

28  relief is sought.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 2005                                   SB 512
    27-332-05




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 2                          SENATE SUMMARY

 3    Requires that, if a parent or legal guardian files a
      petition for a protective injunction against another
 4    parent, stepparent, or legal guardian on behalf of a
      minor child living at home, the parent or legal guardian
 5    must have direct evidence of the facts and circumstances
      that form the basis for the petition.
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CODING: Words stricken are deletions; words underlined are additions.