HB 1379

1
A bill to be entitled
2An act relating to domestic violence; amending s. 741.29,
3F.S.; providing for access by the alleged victim to
4certain materials that are part of an active criminal
5investigation of an incident of domestic violence that are
6exempt from disclosure under specified provisions;
7provides for continuing exemption of material from
8disclosure; amending s. 741.30, F.S.; providing for law
9enforcement officers to obtain verbal emergency protection
10orders immediately following incidents of domestic
11violence; providing for officers to reduce such orders to
12writing; providing for expiration of such orders;
13specifying procedures relating to such orders; amending s.
14943.1702, F.S.; requiring collection of statistics on
15noncriminal judicial actions concerning domestic violence;
16providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (2) of section 741.29, Florida
21Statutes, is amended to read:
22     741.29  Domestic violence; investigation of incidents;
23notice to victims of legal rights and remedies; reporting.--
24     (2)  When a law enforcement officer investigates an
25allegation that an incident of domestic violence has occurred,
26the officer shall handle the incident pursuant to the arrest
27policy provided in s. 901.15(7), and as developed in accordance
28with subsections (3), (4), and (5). Whether or not an arrest is
29made, the officer shall make a written police report that is
30complete and clearly indicates the alleged offense was an
31incident of domestic violence. Such report shall be given to the
32officer's supervisor and filed with the law enforcement agency
33in a manner that will permit data on domestic violence cases to
34be compiled. Such report must include:
35     (a)  A description of physical injuries observed, if any.
36     (b)  If a law enforcement officer decides not to make an
37arrest or decides to arrest two or more parties, the officer
38shall include in the report the grounds for not arresting anyone
39or for arresting two or more parties.
40     (c)  A statement which indicates that a copy of the legal
41rights and remedies notice was given to the victim.
42
43Whenever possible, the law enforcement officer shall obtain a
44written statement from the victim and witnesses concerning the
45alleged domestic violence. The officer shall submit the report
46to the supervisor or other person to whom the employer's rules
47or policies require reports of similar allegations of criminal
48activity to be made. The law enforcement agency shall, without
49charge, send a copy of the initial police report, as well as any
50subsequent, supplemental, or related report, which excludes
51victim/witness statements or other materials that are part of an
52active criminal investigation and are exempt from disclosure
53under chapter 119, to the nearest locally certified domestic
54violence center within 24 hours after the agency's receipt of
55the report. The report furnished to the domestic violence center
56must include a narrative description of the domestic violence
57incident. The report furnished to the domestic violence center
58shall also include victim and witness statements or other
59materials that are part of an active criminal investigation and
60are exempt from disclosure under chapter 119; however, such
61statements and materials shall retain their exempt status when
62held by the locally certified domestic violence center and shall
63not be accessed by persons other than the victim.
64     Section 2.  Subsection (5) of section 741.30, Florida
65Statutes, is amended to read:
66     741.30  Domestic violence injunctions; injunction; powers
67and duties of court and clerk; petition; notice and hearing;
68temporary injunction; issuance of injunction; statewide
69verification system; enforcement.--
70     (5)(a)1.a.  In an emergency situation immediately following
71an incident of domestic violence by a household member, an
72emergency protection order may be issued if a law enforcement
73officer states under oath to the court in person, by telephone,
74in writing, or via facsimile the facts he or she believes show
75that an emergency protection order is needed and the court finds
76reasonable grounds to believe that the victim or the victim's
77child is in immediate danger of domestic violence. Such an
78emergency protection order expires 72 hours after issuance or at
79the end of the next judicial day, whichever time is later, or
80upon request of the victim. The time of expiration shall be
81clearly stated on the emergency protection order.
82     b.  Following the judge's issuance of the emergency
83protection order, the law enforcement officer shall:
84     (I)  If the order is verbal, reduce the emergency
85protection order to writing on an approved form provided by the
86court, outline the grounds justifying issuance, and sign and
87date the order.
88     (II)  If possible, serve a signed copy of the order on the
89offender and victim at the scene of the domestic violence
90dispute.
91     (III)  Complete the appropriate affidavit of service and
92file the affidavit with the issuing court by the close of
93business on the next judicial day.
94     (IV)  If the order was reduced to writing and signed by the
95officer, file the original, signed emergency order with the
96issuing court by the close of business on the next judicial day.
97     2.  In a nonemergency situation, but when it appears to the
98court that an immediate and present danger of domestic violence
99exists, the court may grant a temporary injunction ex parte,
100pending a full hearing.
101     (b)  In either an emergency protection order or an ex parte
102temporary injunction order, the court , and may grant such
103relief as it the court deems proper, including an injunction:
104     1.  Restraining the respondent from committing any acts of
105domestic violence.
106     2.  Awarding to the petitioner the temporary exclusive use
107and possession of the dwelling that the parties share or
108excluding the respondent from the residence of the petitioner.
109     3.  On the same basis as provided in s. 61.13, granting to
110the petitioner temporary custody of a minor child. An order of
111temporary custody remains in effect until the order expires or
112an order is entered by a court of competent jurisdiction in a
113pending or subsequent civil action or proceeding affecting the
114placement of, access to, parental time with, adoption of, or
115parental rights and responsibilities for the minor child.
116     (c)(b)  In a hearing ex parte for the purpose of obtaining
117an such ex parte temporary injunction, no evidence other than
118verified pleadings or affidavits shall be used as evidence,
119unless the respondent appears at the hearing or has received
120reasonable notice of the hearing. A denial of a petition for an
121ex parte injunction shall be by written order noting the legal
122grounds for denial. When the only ground for denial is no
123appearance of an immediate and present danger of domestic
124violence, the court shall set a full hearing on the petition for
125injunction with notice at the earliest possible time. Nothing
126herein affects a petitioner's right to promptly amend any
127petition, or otherwise be heard in person on any petition
128consistent with the Florida Rules of Civil Procedure.
129     (d)(c)  Except for emergency protection orders issued under
130subparagraph (a)1., an Any such ex parte temporary injunction
131shall be effective for a fixed period not to exceed 15 days. A
132full hearing, as provided by this section, shall be set for a
133date no later than the date when the emergency protection order
134or ex parte temporary injunction ceases to be effective. The
135court may grant a continuance of the hearing before or during a
136hearing for good cause shown by any party, which shall include a
137continuance to obtain service of process. Any emergency
138protection order or ex parte temporary injunction shall be
139extended if necessary to remain in full force and effect during
140any period of continuance.
141     Section 3.  Subsection (2) of section 943.1702, Florida
142Statutes, is amended to read:
143     943.1702  Collection of statistics on domestic violence.--
144     (2)  Each agency in the state that which is involved with
145the enforcement, monitoring, or prosecution of crimes of
146domestic violence or, as to noncriminal actions related to
147domestic violence, including petitions seeking injunctions for
148protection, the judicial branch, shall collect and maintain
149records of each domestic violence incident for access by
150investigators preparing for bond hearings and prosecutions for
151acts of domestic violence. This information shall be provided to
152the court at first appearance hearings and all subsequent
153hearings.
154     Section 4.  This act shall take effect October 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.