Senate Bill sb0512c1
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Florida Senate - 2005 CS for SB 512
By the Committee on Children and Families; and Senator
Aronberg
586-1757-05
1 A bill to be entitled
2 An act relating to protective injunctions;
3 amending s. 784.046, F.S.; providing standing
4 for a governmental employer to seek an
5 injunction for protection against repeat
6 violence on behalf of an employee; revising the
7 application of evidentiary requirements with
8 respect to injunctions for protection of minor
9 children; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraph (a) of subsection (2) and
14 paragraph (a) of subsection (4) of section 784.046, Florida
15 Statutes, are amended to read:
16 784.046 Action by victim of repeat violence, sexual
17 violence, or dating violence for protective injunction; powers
18 and duties of court and clerk of court; filing and form of
19 petition; notice and hearing; temporary injunction; issuance;
20 statewide verification system; enforcement.--
21 (2) There is created a cause of action for an
22 injunction for protection in cases of repeat violence, there
23 is created a separate cause of action for an injunction for
24 protection in cases of dating violence, and there is created a
25 separate cause of action for an injunction for protection in
26 cases of sexual violence.
27 (a) Any person who is the victim of repeat violence or
28 the parent or legal guardian of any minor child who is living
29 at home and who seeks an injunction for protection against
30 repeat violence on behalf of the minor child or any
31 governmental employer of any person who is the victim of
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Florida Senate - 2005 CS for SB 512
586-1757-05
1 repeat violence in a public workplace who seeks an injunction
2 for protection against repeat violence on behalf of the
3 employee has standing in the circuit court to file a sworn
4 petition for an injunction for protection against repeat
5 violence.
6 (4)(a) The sworn petition shall allege the incidents
7 of repeat violence, sexual violence, or dating violence and
8 shall include the specific facts and circumstances that form
9 the basis upon which relief is sought. With respect to a minor
10 child who is living at home, the parent or legal guardian
11 seeking the protective injunction on behalf of the minor child
12 must:
13 1. Have been an eyewitness to, or have direct physical
14 evidence or affidavits from eyewitnesses of, the specific
15 facts and circumstances which form the basis upon which relief
16 is sought, if the party against whom the protective injunction
17 is sought is also a parent, stepparent, or legal guardian of
18 the minor child; or
19 2. Have reasonable cause to believe that the minor
20 child is a victim of repeat, sexual, or dating violence to
21 form the basis upon which relief is sought, if the party
22 against whom the protective injunction is sought is a person
23 other than a parent, stepparent, or legal guardian of the
24 minor child.
25 Section 2. This act shall take effect upon becoming a
26 law.
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Florida Senate - 2005 CS for SB 512
586-1757-05
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 512
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4 Provides standing for a governmental employer to seek an
injunction for protection against repeat violence on behalf of
5 an employee.
6 Clarifies that the restrictive evidentiary requirements of law
with respect to injunctions for protection of minor children
7 apply only when the person against whom the protective
injunction is sought is a parent, stepparent, or legal
8 guardian of the child.
9 Provides that when a protective injunction is sought for a
minor child on the basis that the child is a victim of repeat,
10 sexual, or dating violence and the party against whom the
protective injunction is sought is a person other than a
11 parent, stepparent, or legal guardian of the child, the person
seeking the protective injunction must have reasonable cause
12 to believe that the minor child is a victim of repeat, sexual,
or dating violence.
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