| 1 | Representative Gardiner offered the following: |
| 2 |
|
| 3 | Amendment (with directory and title amendments) |
| 4 | Remove lines 254-295 and insert: |
| 5 | 784.046 Actions Action by victims victim of certain forms |
| 6 | of repeat violence, sexual violence, or dating violence for |
| 7 | protective injunction; powers and duties of court and court |
| 8 | clerk of court; filing and form of petition; notice and hearing; |
| 9 | temporary injunction; issuance; statewide verification system; |
| 10 | enforcement.-- |
| 11 | (1) As used in this section, the term: |
| 12 | (a) "Violence" means any assault, aggravated assault, |
| 13 | battery, aggravated battery, sexual assault, sexual battery, |
| 14 | stalking, aggravated stalking, kidnapping, or false |
| 15 | imprisonment, or any criminal offense resulting in physical |
| 16 | injury or death, by a person against any other person. |
| 17 | (b) "Repeat violence" means two incidents of violence or |
| 18 | stalking committed by the respondent, one of which must have |
| 19 | been within 6 months of the filing of the petition, which are |
| 20 | directed against the petitioner or the petitioner's immediate |
| 21 | family member. |
| 22 | (c) "Sexual violence" means any one incident of: |
| 23 | 1. Sexual battery, as defined in chapter 794; |
| 24 | 2. A lewd or lascivious act, as defined in chapter 800, |
| 25 | committed upon or in the presence of a person younger than 16 |
| 26 | years of age; |
| 27 | 3. Luring or enticing a child, as described in chapter |
| 28 | 787; |
| 29 | 4. Sexual performance by a child, as described in chapter |
| 30 | 827; or |
| 31 | 5. Any other forcible felony wherein a sexual act is |
| 32 | committed or attempted, |
| 33 |
|
| 34 | regardless of whether criminal charges based on the incident |
| 35 | were filed, reduced, or dismissed by the state attorney. |
| 36 | (d) "Dating violence" means violence between individuals |
| 37 | who have or have had a continuing and significant relationship |
| 38 | of a romantic or intimate nature. The existence of such a |
| 39 | relationship shall be determined based on the consideration of |
| 40 | the following factors: |
| 41 | 1. A dating relationship must have existed within the past |
| 42 | 6 months; |
| 43 | 2. The nature of the relationship must have been |
| 44 | characterized by the expectation of affection or sexual |
| 45 | involvement between the parties; and |
| 46 | 3. The frequency and type of interaction between the |
| 47 | persons involved in the relationship must have included that the |
| 48 | persons have been involved over time and on a continuous basis |
| 49 | during the course of the relationship. |
| 50 |
|
| 51 | The term does not include violence in a casual acquaintanceship |
| 52 | or violence between individuals who only have engaged in |
| 53 | ordinary fraternization in a business or social context. |
| 54 | (e) "Threatened violence" means intentional or reckless |
| 55 | engagement in a course of conduct targeted at a specific person |
| 56 | that would cause a reasonable person in the circumstances of the |
| 57 | targeted person to fear for his or her safety, or the safety of |
| 58 | a member of his or her immediate family, and that actually |
| 59 | places the targeted person in such fear. |
| 60 | (2) There is created a cause of action for an injunction |
| 61 | for protection in cases of repeat violence, there is created a |
| 62 | separate cause of action for an injunction for protection in |
| 63 | cases of dating violence, and there is created a separate cause |
| 64 | of action for an injunction for protection in cases of sexual |
| 65 | violence, and there is created a separate cause of action for an |
| 66 | injunction for protection in cases of threatened violence. |
| 67 | (a) Any person who is the victim of repeat violence or the |
| 68 | parent or legal guardian of any minor child who is living at |
| 69 | home and who seeks an injunction for protection against repeat |
| 70 | violence on behalf of the minor child has standing in the |
| 71 | circuit court to file a sworn petition for an injunction for |
| 72 | protection against repeat violence. |
| 73 | (b) Any person who is the victim of dating violence and |
| 74 | has reasonable cause to believe he or she is in imminent danger |
| 75 | of becoming the victim of another act of dating violence, or any |
| 76 | person who has reasonable cause to believe he or she is in |
| 77 | imminent danger of becoming the victim of an act of dating |
| 78 | violence, or the parent or legal guardian of any minor child who |
| 79 | is living at home and who seeks an injunction for protection |
| 80 | against dating violence on behalf of that minor child, has |
| 81 | standing in the circuit court to file a sworn petition for an |
| 82 | injunction for protection against dating violence. |
| 83 | (c) A person who is the victim of sexual violence or the |
| 84 | parent or legal guardian of a minor child who is living at home |
| 85 | who is the victim of sexual violence has standing in the circuit |
| 86 | court to file a sworn petition for an injunction for protection |
| 87 | against sexual violence on his or her own behalf or on behalf of |
| 88 | the minor child if: |
| 89 | 1. The person has reported the sexual violence to a law |
| 90 | enforcement agency and is cooperating in any criminal proceeding |
| 91 | against the respondent, regardless of whether criminal charges |
| 92 | based on the sexual violence have been filed, reduced, or |
| 93 | dismissed by the state attorney; or |
| 94 | 2. The respondent who committed the sexual violence |
| 95 | against the victim or minor child was sentenced to a term of |
| 96 | imprisonment in state prison for the sexual violence and the |
| 97 | respondent's term of imprisonment has expired or is due to |
| 98 | expire within 90 days following the date the petition is filed. |
| 99 | (d) A cause of action for an injunction may be sought |
| 100 | whether or not any other petition, complaint, or cause of action |
| 101 | is currently available or pending between the parties. |
| 102 | (e) A cause of action for an injunction does not require |
| 103 | that the petitioner be represented by an attorney. |
| 104 | (3)(a) The clerk of the court shall provide a copy of this |
| 105 | section, simplified forms, and clerical assistance for the |
| 106 | preparation and filing of such a petition by any person who is |
| 107 | not represented by counsel. |
| 108 | (b) Notwithstanding any other law, the clerk of the court |
| 109 | may not assess a fee for filing a petition for protection |
| 110 | against repeat violence, sexual violence, or dating violence, or |
| 111 | threatened violence. However, subject to legislative |
| 112 | appropriation, the clerk of the court may, each quarter, submit |
| 113 | to the Office of the State Courts Administrator a certified |
| 114 | request for reimbursement for petitions for protection issued by |
| 115 | the court under this section at the rate of $40 per petition. |
| 116 | The request for reimbursement shall be submitted in the form and |
| 117 | manner prescribed by the Office of the State Courts |
| 118 | Administrator. From this reimbursement, the clerk shall pay the |
| 119 | law enforcement agency serving the injunction the fee requested |
| 120 | by the law enforcement agency; however, this fee may not exceed |
| 121 | $20. |
| 122 | (c) No bond shall be required by the court for the entry |
| 123 | of an injunction. |
| 124 | (d) The clerk of the court shall provide the petitioner |
| 125 | with a certified copy of any injunction for protection against |
| 126 | repeat violence, sexual violence, or dating violence, or |
| 127 | threatened violence entered by the court. |
| 128 | (4)(a) The sworn petition shall allege the incidents of |
| 129 | repeat violence, sexual violence, or dating violence, or |
| 130 | threatened violence and shall include the specific facts and |
| 131 | circumstances that form the basis upon which relief is sought. |
| 132 | With respect to a minor child who is living at home, the parent |
| 133 | or legal guardian seeking the protective injunction on behalf of |
| 134 | the minor child must: |
| 135 | 1. Have been an eyewitness to, or have direct physical |
| 136 | evidence or affidavits from eyewitnesses of, the specific facts |
| 137 | and circumstances that form the basis upon which relief is |
| 138 | sought, if the party against whom the protective injunction is |
| 139 | sought is also a parent, stepparent, or legal guardian of the |
| 140 | minor child; or |
| 141 | 2. Have reasonable cause to believe that the minor child |
| 142 | is a victim of repeat sexual or dating violence to form the |
| 143 | basis upon which relief is sought, if the party against whom the |
| 144 | protective injunction is sought is a person other than a parent, |
| 145 | stepparent, or legal guardian of the minor child. |
| 146 | (b) The sworn petition must be in substantially the |
| 147 | following form: |
| 148 |
|
| 149 | PETITION FOR INJUNCTION FOR PROTECTION |
| 150 | AGAINST REPEAT VIOLENCE, SEXUAL |
| 151 | VIOLENCE, OR DATING VIOLENCE, OR THREATENED VIOLENCE |
| 152 |
|
| 153 | Before me, the undersigned authority, personally appeared |
| 154 | Petitioner (Name) , who has been sworn and says that the |
| 155 | following statements are true: |
| 156 |
|
| 157 | 1. Petitioner resides at (address) (A petitioner for |
| 158 | an injunction for protection against sexual violence may furnish |
| 159 | an address to the court in a separate confidential filing if, |
| 160 | for safety reasons, the petitioner requires the location of his |
| 161 | or her current residence to be confidential pursuant to s. |
| 162 | 119.071(2)(j), Florida Statutes.) |
| 163 | 2. Respondent resides at (address) . |
| 164 | 3.a. Petitioner has suffered repeat violence as |
| 165 | demonstrated by the fact that the respondent has: |
| 166 | (enumerate incidents of violence) |
| 167 |
|
| 168 | ________________________________________ |
| 169 | ________________________________________ |
| 170 | ________________________________________ |
| 171 |
|
| 172 | b. Petitioner has suffered sexual violence as demonstrated |
| 173 | by the fact that the respondent has: (enumerate incident of |
| 174 | violence and include incident report number from law enforcement |
| 175 | agency or attach notice of inmate release.) |
| 176 |
|
| 177 | ________________________________________ |
| 178 | ________________________________________ |
| 179 | ________________________________________ |
| 180 |
|
| 181 | c. Petitioner is a victim of dating violence and has |
| 182 | reasonable cause to believe that he or she is in imminent danger |
| 183 | of becoming the victim of another act of dating violence or has |
| 184 | reasonable cause to believe that he or she is in imminent danger |
| 185 | of becoming a victim of dating violence, as demonstrated by the |
| 186 | fact that the respondent has: (list the specific incident or |
| 187 | incidents of violence and describe the length of time of the |
| 188 | relationship, whether it has been in existence during the last 6 |
| 189 | months, the nature of the relationship of a romantic or intimate |
| 190 | nature, the frequency and type of interaction, and any other |
| 191 | facts that characterize the relationship.) |
| 192 |
|
| 193 | ________________________________________ |
| 194 | ________________________________________ |
| 195 | ________________________________________ |
| 196 |
|
| 197 | d. Petitioner has suffered threatened violence as |
| 198 | demonstrated by the fact that the respondent has: (enumerate |
| 199 | incidents.) |
| 200 | |
| 201 | ________________________________________ |
| 202 | ________________________________________ |
| 203 | ________________________________________ |
| 204 |
|
| 205 | 4. Petitioner genuinely fears repeat violence by the |
| 206 | respondent. |
| 207 | 5. Petitioner seeks: an immediate injunction against the |
| 208 | respondent, enjoining him or her from committing any further |
| 209 | acts of violence; an injunction enjoining the respondent from |
| 210 | committing any further acts of violence; and an injunction |
| 211 | providing any terms the court deems necessary for the protection |
| 212 | of the petitioner and the petitioner's immediate family, |
| 213 | including any injunctions or directives to law enforcement |
| 214 | agencies. |
| 215 | (5) Upon the filing of the petition, the court shall set a |
| 216 | hearing to be held at the earliest possible time. The respondent |
| 217 | shall be personally served with a copy of the petition, notice |
| 218 | of hearing, and temporary injunction, if any, prior to the |
| 219 | hearing. |
| 220 | (6)(a) When it appears to the court that an immediate and |
| 221 | present danger of violence exists, the court may grant a |
| 222 | temporary injunction which may be granted in an ex parte |
| 223 | hearing, pending a full hearing, and may grant such relief as |
| 224 | the court deems proper, including an injunction enjoining the |
| 225 | respondent from committing any acts of violence. |
| 226 | (b) In a hearing ex parte for the purpose of obtaining |
| 227 | such temporary injunction, no evidence other than the verified |
| 228 | pleading or affidavit shall be used as evidence, unless the |
| 229 | respondent appears at the hearing or has received reasonable |
| 230 | notice of the hearing. |
| 231 | (c) Any such ex parte temporary injunction shall be |
| 232 | effective for a fixed period not to exceed 15 days. However, an |
| 233 | ex parte temporary injunction granted under subparagraph |
| 234 | (2)(c)2. is effective for 15 days following the date the |
| 235 | respondent is released from incarceration. A full hearing, as |
| 236 | provided by this section, shall be set for a date no later than |
| 237 | the date when the temporary injunction ceases to be effective. |
| 238 | The court may grant a continuance of the ex parte injunction and |
| 239 | the full hearing before or during a hearing, for good cause |
| 240 | shown by any party. |
| 241 | (7) Upon notice and hearing, the court may grant such |
| 242 | relief as the court deems proper, including an injunction: |
| 243 | (a) Enjoining the respondent from committing any acts of |
| 244 | violence. |
| 245 | (b) Ordering such other relief as the court deems |
| 246 | necessary for the protection of the petitioner, including |
| 247 | injunctions or directives to law enforcement agencies, as |
| 248 | provided in this section. |
| 249 | (c) The terms of the injunction shall remain in full force |
| 250 | and effect until modified or dissolved. Either party may move at |
| 251 | any time to modify or dissolve the injunction. Such relief may |
| 252 | be granted in addition to other civil or criminal remedies. |
| 253 | (d) A temporary or final judgment on injunction for |
| 254 | protection against repeat violence, sexual violence, or dating |
| 255 | violence, or threatened violence entered pursuant to this |
| 256 | section shall, on its face, indicate that: |
| 257 | 1. The injunction is valid and enforceable in all counties |
| 258 | of the State of Florida. |
| 259 | 2. Law enforcement officers may use their arrest powers |
| 260 | pursuant to s. 901.15(6) to enforce the terms of the injunction. |
| 261 | 3. The court had jurisdiction over the parties and matter |
| 262 | under the laws of Florida and that reasonable notice and |
| 263 | opportunity to be heard was given to the person against whom the |
| 264 | order is sought sufficient to protect that person's right to due |
| 265 | process. |
| 266 | 4. The date that the respondent was served with the |
| 267 | temporary or final order, if obtainable. |
| 268 | (8)(a)1. The clerk of the court shall furnish a copy of |
| 269 | the petition, notice of hearing, and temporary injunction, if |
| 270 | any, to the sheriff or a law enforcement agency of the county |
| 271 | where the respondent resides or can be found, who shall serve it |
| 272 | upon the respondent as soon thereafter as possible on any day of |
| 273 | the week and at any time of the day or night. When requested by |
| 274 | the sheriff, the clerk of court may transmit a facsimile copy of |
| 275 | an injunction that has been certified by the clerk of court, and |
| 276 | this facsimile copy may be served in the same manner as a |
| 277 | certified copy. Upon receiving such a facsimile copy, the |
| 278 | sheriff must verify receipt with the sender before attempting to |
| 279 | serve it upon the respondent. In addition, if the sheriff is in |
| 280 | possession of an injunction for protection that has been |
| 281 | certified by the clerk of court, the sheriff may transmit a |
| 282 | facsimile copy of that injunction to a law enforcement officer |
| 283 | who shall serve it in the same manner as a certified copy. The |
| 284 | clerk of the court shall be responsible for furnishing to the |
| 285 | sheriff such information on the respondent's physical |
| 286 | description and location as is required by the department to |
| 287 | comply with the verification procedures set forth in this |
| 288 | section. Notwithstanding any other provision of law to the |
| 289 | contrary, the chief judge of each circuit, in consultation with |
| 290 | the appropriate sheriff, may authorize a law enforcement agency |
| 291 | within the chief judge's jurisdiction to effect this type of |
| 292 | service and to receive a portion of the service fee. No person |
| 293 | shall be authorized or permitted to serve or execute an |
| 294 | injunction issued under this section unless the person is a law |
| 295 | enforcement officer as defined in chapter 943. |
| 296 | 2. When an injunction is issued, if the petitioner |
| 297 | requests the assistance of a law enforcement agency, the court |
| 298 | may order that an officer from the appropriate law enforcement |
| 299 | agency accompany the petitioner and assist in the execution or |
| 300 | service of the injunction. A law enforcement officer shall |
| 301 | accept a copy of an injunction for protection against repeat |
| 302 | violence, sexual violence, or dating violence, or threatened |
| 303 | violence, certified by the clerk of the court, from the |
| 304 | petitioner and immediately serve it upon a respondent who has |
| 305 | been located but not yet served. |
| 306 | (b) There shall be created a Domestic, Dating, Sexual, and |
| 307 | Repeat, and Threatened Violence Injunction Statewide |
| 308 | Verification System within the Department of Law Enforcement. |
| 309 | The department shall establish, implement, and maintain a |
| 310 | statewide communication system capable of electronically |
| 311 | transmitting information to and between criminal justice |
| 312 | agencies relating to domestic violence injunctions, dating |
| 313 | violence injunctions, sexual violence injunctions, and repeat |
| 314 | violence injunctions, and threatened violence injunctions issued |
| 315 | by the courts throughout the state. Such information must |
| 316 | include, but is not limited to, information as to the existence |
| 317 | and status of any injunction for verification purposes. |
| 318 | (c)1. Within 24 hours after the court issues an injunction |
| 319 | for protection against repeat violence, sexual violence, or |
| 320 | dating violence, or threatened violence or changes or vacates an |
| 321 | injunction for protection against repeat violence, sexual |
| 322 | violence, or dating violence, or threatened violence, the clerk |
| 323 | of the court must forward a copy of the injunction to the |
| 324 | sheriff with jurisdiction over the residence of the petitioner. |
| 325 | 2. Within 24 hours after service of process of an |
| 326 | injunction for protection against repeat violence, sexual |
| 327 | violence, or dating violence, or threatened violence upon a |
| 328 | respondent, the law enforcement officer must forward the written |
| 329 | proof of service of process to the sheriff with jurisdiction |
| 330 | over the residence of the petitioner. |
| 331 | 3. Within 24 hours after the sheriff receives a certified |
| 332 | copy of the injunction for protection against repeat violence, |
| 333 | sexual violence, or dating violence, or threatened violence, the |
| 334 | sheriff must make information relating to the injunction |
| 335 | available to other law enforcement agencies by electronically |
| 336 | transmitting such information to the department. |
| 337 | 4. Within 24 hours after the sheriff or other law |
| 338 | enforcement officer has made service upon the respondent and the |
| 339 | sheriff has been so notified, the sheriff must make information |
| 340 | relating to the service available to other law enforcement |
| 341 | agencies by electronically transmitting such information to the |
| 342 | department. |
| 343 | 5. Within 24 hours after an injunction for protection |
| 344 | against repeat violence, sexual violence, or dating violence, or |
| 345 | threatened violence is lifted, terminated, or otherwise rendered |
| 346 | no longer effective by ruling of the court, the clerk of the |
| 347 | court must notify the sheriff or local law enforcement agency |
| 348 | receiving original notification of the injunction as provided in |
| 349 | subparagraph 2. That agency shall, within 24 hours after |
| 350 | receiving such notification from the clerk of the court, notify |
| 351 | the department of such action of the court. |
| 352 | (9)(a) The court shall enforce, through a civil or |
| 353 | criminal contempt proceeding, a violation of an injunction for |
| 354 | protection. The court may enforce the respondent's compliance |
| 355 | with the injunction by imposing a monetary assessment. The clerk |
| 356 | of the court shall collect and receive such assessments. On a |
| 357 | monthly basis, the clerk shall transfer the moneys collected |
| 358 | pursuant to this paragraph to the State Treasury for deposit in |
| 359 | the Crimes Compensation Trust Fund established in s. 960.21. |
| 360 | (b) If the respondent is arrested by a law enforcement |
| 361 | officer under s. 901.15(6) for committing an act of repeat |
| 362 | violence, sexual violence, or dating violence, or threatened |
| 363 | violence in violation of an injunction for protection, the |
| 364 | respondent shall be held in custody until brought before the |
| 365 | court as expeditiously as possible for the purpose of enforcing |
| 366 | the injunction and for admittance to bail in accordance with |
| 367 | chapter 903 and the applicable rules of criminal procedure, |
| 368 | pending a hearing. |
| 369 | (10) The petitioner or the respondent may move the court |
| 370 | to modify or dissolve an injunction at any time. |
| 371 | (11) A law enforcement officer acting in good faith under |
| 372 | this section and the officer's employing agency shall be immune |
| 373 | from all liability, civil or criminal, that might otherwise be |
| 374 | incurred or imposed by reason of the officer's or agency's |
| 375 | actions in carrying out the provisions of this section. |
| 376 |
|
| 377 | ----------------------------------------------------- |
| 378 | D I R E C T O R Y A M E N D M E N T |
| 379 | Remove lines 252-253 and insert: |
| 380 | Section 7. Section 784.046, Florida Statutes, is amended |
| 381 | to read: |
| 382 |
|
| 383 | ----------------------------------------------------- |
| 384 | ----------------------------------------------------- |
| 385 | T I T L E A M E N D M E N T |
| 386 | Remove lines 23-31 and insert: |
| 387 | amending s. 741.30, F.S., relating to service of process |
| 388 | in cases of domestic violence; authorizing clerks of court |
| 389 | to transmit facsimile copies of previously certified |
| 390 | injunctions to sheriffs upon request; requiring sheriffs |
| 391 | to verify receipt of facsimile copies of injunctions with |
| 392 | clerks of court before attempting service; authorizing law |
| 393 | enforcement officers to serve facsimile copies of |
| 394 | injunctions in the same manner as certified copies; |
| 395 | amending s. 784.046, F.S., relating to service of process |
| 396 | in cases of repeat violence, sexual violence, or dating |
| 397 | violence; defining the term "threatened violence"; |
| 398 | providing for injunctions against threatened violence; |
| 399 | authorizing clerks of court to transmit facsimile copies |
| 400 | of previously certified injunctions to sheriffs upon |
| 401 | request; requiring sheriffs to verify receipt of facsimile |
| 402 | copies of injunctions with clerks of court before |
| 403 | attempting service; authorizing law enforcement officers |
| 404 | to serve facsimile copies of injunctions in the same |
| 405 | manner as certified copies; providing an effective date. |