| 1 | Representative Gardiner offered the following: |
| 2 |
|
| 3 | Amendment (with directory and title amendments) |
| 4 | Remove lines 336-376 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 | (e) "Threatened violence" means intentional or reckless |
| 13 | engagement in a course of conduct targeted at a specific person |
| 14 | that would cause a reasonable person in the circumstances of the |
| 15 | targeted person to fear for his or her safety, or the safety of |
| 16 | a member of his or her immediate family, and that actually |
| 17 | places the targeted person in such fear. |
| 18 | (2) There is created a cause of action for an injunction |
| 19 | for protection in cases of repeat violence, there is created a |
| 20 | separate cause of action for an injunction for protection in |
| 21 | cases of dating violence, and there is created a separate cause |
| 22 | of action for an injunction for protection in cases of sexual |
| 23 | violence, and there is created a separate cause of action for an |
| 24 | injunction for protection in cases of threatened violence. |
| 25 | (a) Any person who is the victim of repeat violence or the |
| 26 | parent or legal guardian of any minor child who is living at |
| 27 | home and who seeks an injunction for protection against repeat |
| 28 | violence on behalf of the minor child has standing in the |
| 29 | circuit court to file a sworn petition for an injunction for |
| 30 | protection against repeat violence. |
| 31 | (b) Any person who is the victim of dating violence and |
| 32 | has reasonable cause to believe he or she is in imminent danger |
| 33 | of becoming the victim of another act of dating violence, or any |
| 34 | person who has reasonable cause to believe he or she is in |
| 35 | imminent danger of becoming the victim of an act of dating |
| 36 | violence, or the parent or legal guardian of any minor child who |
| 37 | is living at home and who seeks an injunction for protection |
| 38 | against dating violence on behalf of that minor child, has |
| 39 | standing in the circuit court to file a sworn petition for an |
| 40 | injunction for protection against dating violence. |
| 41 | (c) A person who is the victim of sexual violence or the |
| 42 | parent or legal guardian of a minor child who is living at home |
| 43 | who is the victim of sexual violence has standing in the circuit |
| 44 | court to file a sworn petition for an injunction for protection |
| 45 | against sexual violence on his or her own behalf or on behalf of |
| 46 | the minor child if: |
| 47 | 1. The person has reported the sexual violence to a law |
| 48 | enforcement agency and is cooperating in any criminal proceeding |
| 49 | against the respondent, regardless of whether criminal charges |
| 50 | based on the sexual violence have been filed, reduced, or |
| 51 | dismissed by the state attorney; or |
| 52 | 2. The respondent who committed the sexual violence |
| 53 | against the victim or minor child was sentenced to a term of |
| 54 | imprisonment in state prison for the sexual violence and the |
| 55 | respondent's term of imprisonment has expired or is due to |
| 56 | expire within 90 days following the date the petition is filed. |
| 57 | (d) A cause of action for an injunction may be sought |
| 58 | whether or not any other petition, complaint, or cause of action |
| 59 | is currently available or pending between the parties. |
| 60 | (e) A cause of action for an injunction does not require |
| 61 | that the petitioner be represented by an attorney. |
| 62 | (3) |
| 63 | (b) Notwithstanding any other law, the clerk of the court |
| 64 | may not assess a fee for filing a petition for protection |
| 65 | against repeat violence, sexual violence, or dating violence, or |
| 66 | threatened violence. However, subject to legislative |
| 67 | appropriation, the clerk of the court may, each quarter, submit |
| 68 | to the Office of the State Courts Administrator a certified |
| 69 | request for reimbursement for petitions for protection issued by |
| 70 | the court under this section at the rate of $40 per petition. |
| 71 | The request for reimbursement shall be submitted in the form and |
| 72 | manner prescribed by the Office of the State Courts |
| 73 | Administrator. From this reimbursement, the clerk shall pay the |
| 74 | law enforcement agency serving the injunction the fee requested |
| 75 | by the law enforcement agency; however, this fee may not exceed |
| 76 | $20. |
| 77 | (d) The clerk of the court shall provide the petitioner |
| 78 | with a certified copy of any injunction for protection against |
| 79 | repeat violence, sexual violence, or dating violence, or |
| 80 | threatened violence entered by the court. |
| 81 | (4)(a) The sworn petition shall allege the incidents of |
| 82 | repeat violence, sexual violence, or dating violence, or |
| 83 | threatened violence and shall include the specific facts and |
| 84 | circumstances that form the basis upon which relief is sought. |
| 85 | With respect to a minor child who is living at home, the parent |
| 86 | or legal guardian seeking the protective injunction on behalf of |
| 87 | the minor child must: |
| 88 | 1. Have been an eyewitness to, or have direct physical |
| 89 | evidence or affidavits from eyewitnesses of, the specific facts |
| 90 | and circumstances that form the basis upon which relief is |
| 91 | sought, if the party against whom the protective injunction is |
| 92 | sought is also a parent, stepparent, or legal guardian of the |
| 93 | minor child; or |
| 94 | 2. Have reasonable cause to believe that the minor child |
| 95 | is a victim of repeat sexual or dating violence to form the |
| 96 | basis upon which relief is sought, if the party against whom the |
| 97 | protective injunction is sought is a person other than a parent, |
| 98 | stepparent, or legal guardian of the minor child. |
| 99 | (b) The sworn petition must be in substantially the |
| 100 | following form: |
| 101 |
|
| 102 | PETITION FOR INJUNCTION FOR PROTECTION |
| 103 | AGAINST REPEAT VIOLENCE, SEXUAL |
| 104 | VIOLENCE, OR DATING VIOLENCE, OR THREATENED VIOLENCE |
| 105 |
|
| 106 | Before me, the undersigned authority, personally appeared |
| 107 | Petitioner (Name) , who has been sworn and says that the |
| 108 | following statements are true: |
| 109 |
|
| 110 | 1. Petitioner resides at (address) (A petitioner for |
| 111 | an injunction for protection against sexual violence may furnish |
| 112 | an address to the court in a separate confidential filing if, |
| 113 | for safety reasons, the petitioner requires the location of his |
| 114 | or her current residence to be confidential pursuant to s. |
| 115 | 119.071(2)(j), Florida Statutes.) |
| 116 | 2. Respondent resides at (address) . |
| 117 | 3.a. Petitioner has suffered repeat violence as |
| 118 | demonstrated by the fact that the respondent has: |
| 119 | (enumerate incidents of violence) |
| 120 |
|
| 121 | ________________________________________ |
| 122 | ________________________________________ |
| 123 | ________________________________________ |
| 124 |
|
| 125 | b. Petitioner has suffered sexual violence as demonstrated |
| 126 | by the fact that the respondent has: (enumerate incident of |
| 127 | violence and include incident report number from law enforcement |
| 128 | agency or attach notice of inmate release.) |
| 129 |
|
| 130 | ________________________________________ |
| 131 | ________________________________________ |
| 132 | ________________________________________ |
| 133 |
|
| 134 | c. Petitioner is a victim of dating violence and has |
| 135 | reasonable cause to believe that he or she is in imminent danger |
| 136 | of becoming the victim of another act of dating violence or has |
| 137 | reasonable cause to believe that he or she is in imminent danger |
| 138 | of becoming a victim of dating violence, as demonstrated by the |
| 139 | fact that the respondent has: (list the specific incident or |
| 140 | incidents of violence and describe the length of time of the |
| 141 | relationship, whether it has been in existence during the last 6 |
| 142 | months, the nature of the relationship of a romantic or intimate |
| 143 | nature, the frequency and type of interaction, and any other |
| 144 | facts that characterize the relationship.) |
| 145 |
|
| 146 | ________________________________________ |
| 147 | ________________________________________ |
| 148 | ________________________________________ |
| 149 |
|
| 150 | d. Petitioner has suffered threatened violence as |
| 151 | demonstrated by the fact that the respondent has: (enumerate |
| 152 | incidents.) |
| 153 | |
| 154 | ________________________________________ |
| 155 | ________________________________________ |
| 156 | ________________________________________ |
| 157 |
|
| 158 | 4. Petitioner genuinely fears repeat violence by the |
| 159 | respondent. |
| 160 | 5. Petitioner seeks: an immediate injunction against the |
| 161 | respondent, enjoining him or her from committing any further |
| 162 | acts of violence; an injunction enjoining the respondent from |
| 163 | committing any further acts of violence; and an injunction |
| 164 | providing any terms the court deems necessary for the protection |
| 165 | of the petitioner and the petitioner's immediate family, |
| 166 | including any injunctions or directives to law enforcement |
| 167 | agencies. |
| 168 | (7) Upon notice and hearing, the court may grant such |
| 169 | relief as the court deems proper, including an injunction: |
| 170 | (d) A temporary or final judgment on injunction for |
| 171 | protection against repeat violence, sexual violence, or dating |
| 172 | violence, or threatened violence entered pursuant to this |
| 173 | section shall, on its face, indicate that: |
| 174 | 1. The injunction is valid and enforceable in all counties |
| 175 | of the State of Florida. |
| 176 | 2. Law enforcement officers may use their arrest powers |
| 177 | pursuant to s. 901.15(6) to enforce the terms of the injunction. |
| 178 | 3. The court had jurisdiction over the parties and matter |
| 179 | under the laws of Florida and that reasonable notice and |
| 180 | opportunity to be heard was given to the person against whom the |
| 181 | order is sought sufficient to protect that person's right to due |
| 182 | process. |
| 183 | 4. The date that the respondent was served with the |
| 184 | temporary or final order, if obtainable. |
| 185 | (8)(a)1. The clerk of the court shall furnish a copy of |
| 186 | the petition, notice of hearing, and temporary injunction, if |
| 187 | any, to the sheriff or a law enforcement agency of the county |
| 188 | where the respondent resides or can be found, who shall serve it |
| 189 | upon the respondent as soon thereafter as possible on any day of |
| 190 | the week and at any time of the day or night. When requested by |
| 191 | the sheriff, the clerk of court may transmit a facsimile copy of |
| 192 | an injunction that has been certified by the clerk of court, and |
| 193 | this facsimile copy may be served in the same manner as a |
| 194 | certified copy. Upon receiving such a facsimile copy, the |
| 195 | sheriff must verify receipt with the sender before attempting to |
| 196 | serve it upon the respondent. In addition, if the sheriff is in |
| 197 | possession of an injunction for protection that has been |
| 198 | certified by the clerk of court, the sheriff may transmit a |
| 199 | facsimile copy of that injunction to a law enforcement officer |
| 200 | who shall serve it in the same manner as a certified copy. The |
| 201 | clerk of the court shall be responsible for furnishing to the |
| 202 | sheriff such information on the respondent's physical |
| 203 | description and location as is required by the department to |
| 204 | comply with the verification procedures set forth in this |
| 205 | section. Notwithstanding any other provision of law to the |
| 206 | contrary, the chief judge of each circuit, in consultation with |
| 207 | the appropriate sheriff, may authorize a law enforcement agency |
| 208 | within the chief judge's jurisdiction to effect this type of |
| 209 | service and to receive a portion of the service fee. No person |
| 210 | shall be authorized or permitted to serve or execute an |
| 211 | injunction issued under this section unless the person is a law |
| 212 | enforcement officer as defined in chapter 943. |
| 213 | 2. When an injunction is issued, if the petitioner |
| 214 | requests the assistance of a law enforcement agency, the court |
| 215 | may order that an officer from the appropriate law enforcement |
| 216 | agency accompany the petitioner and assist in the execution or |
| 217 | service of the injunction. A law enforcement officer shall |
| 218 | accept a copy of an injunction for protection against repeat |
| 219 | violence, sexual violence, or dating violence, or threatened |
| 220 | violence, certified by the clerk of the court, from the |
| 221 | petitioner and immediately serve it upon a respondent who has |
| 222 | been located but not yet served. |
| 223 | (b) There shall be created a Domestic, Dating, Sexual, and |
| 224 | Repeat, and Threatened Violence Injunction Statewide |
| 225 | Verification System within the Department of Law Enforcement. |
| 226 | The department shall establish, implement, and maintain a |
| 227 | statewide communication system capable of electronically |
| 228 | transmitting information to and between criminal justice |
| 229 | agencies relating to domestic violence injunctions, dating |
| 230 | violence injunctions, sexual violence injunctions, and repeat |
| 231 | violence injunctions, and threatened violence injunctions issued |
| 232 | by the courts throughout the state. Such information must |
| 233 | include, but is not limited to, information as to the existence |
| 234 | and status of any injunction for verification purposes. |
| 235 | (c)1. Within 24 hours after the court issues an injunction |
| 236 | for protection against repeat violence, sexual violence, or |
| 237 | dating violence, or threatened violence or changes or vacates an |
| 238 | injunction for protection against repeat violence, sexual |
| 239 | violence, or dating violence, or threatened violence, the clerk |
| 240 | of the court must forward a copy of the injunction to the |
| 241 | sheriff with jurisdiction over the residence of the petitioner. |
| 242 | 2. Within 24 hours after service of process of an |
| 243 | injunction for protection against repeat violence, sexual |
| 244 | violence, or dating violence, or threatened violence upon a |
| 245 | respondent, the law enforcement officer must forward the written |
| 246 | proof of service of process to the sheriff with jurisdiction |
| 247 | over the residence of the petitioner. |
| 248 | 3. Within 24 hours after the sheriff receives a certified |
| 249 | copy of the injunction for protection against repeat violence, |
| 250 | sexual violence, or dating violence, or threatened violence, the |
| 251 | sheriff must make information relating to the injunction |
| 252 | available to other law enforcement agencies by electronically |
| 253 | transmitting such information to the department. |
| 254 | 4. Within 24 hours after the sheriff or other law |
| 255 | enforcement officer has made service upon the respondent and the |
| 256 | sheriff has been so notified, the sheriff must make information |
| 257 | relating to the service available to other law enforcement |
| 258 | agencies by electronically transmitting such information to the |
| 259 | department. |
| 260 | 5. Within 24 hours after an injunction for protection |
| 261 | against repeat violence, sexual violence, or dating violence, or |
| 262 | threatened violence is lifted, terminated, or otherwise rendered |
| 263 | no longer effective by ruling of the court, the clerk of the |
| 264 | court must notify the sheriff or local law enforcement agency |
| 265 | receiving original notification of the injunction as provided in |
| 266 | subparagraph 2. That agency shall, within 24 hours after |
| 267 | receiving such notification from the clerk of the court, notify |
| 268 | the department of such action of the court. |
| 269 | (9) |
| 270 | (b) If the respondent is arrested by a law enforcement |
| 271 | officer under s. 901.15(6) for committing an act of repeat |
| 272 | violence, sexual violence, or dating violence, or threatened |
| 273 | violence in violation of an injunction for protection, the |
| 274 | respondent shall be held in custody until brought before the |
| 275 | court as expeditiously as possible for the purpose of enforcing |
| 276 | the injunction and for admittance to bail in accordance with |
| 277 | chapter 903 and the applicable rules of criminal procedure, |
| 278 | pending a hearing. |
| 279 |
|
| 280 | ----------------------------------------------------- |
| 281 | D I R E C T O R Y A M E N D M E N T |
| 282 | Remove lines 334-335 and insert: |
| 283 | Section 8. Paragraph (e) is added to subsection (1) of |
| 284 | section 784.046, Florida Statutes, and subsection (2), |
| 285 | paragraphs (b) and (d) of subsection (3), subsection (4), |
| 286 | paragraph (d) of subsection (7), subsection (8), and paragraph |
| 287 | (b) of subsection (9) of that section are amended to read: |
| 288 |
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| 289 |
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| 290 | ----------------------------------------------------- |
| 291 | T I T L E A M E N D M E N T |
| 292 | Remove lines 33-41 and insert: |
| 293 | amending s. 741.30, F.S., relating to service of process in |
| 294 | cases of domestic violence or sexual abuse; authorizing clerks |
| 295 | of court to transmit facsimile copies of previously certified |
| 296 | injunctions to sheriffs upon request; requiring sheriffs to |
| 297 | verify receipt of facsimile copies of injunctions with clerks of |
| 298 | court before attempting service; authorizing law enforcement |
| 299 | officers to serve facsimile copies of injunctions in the same |
| 300 | manner as certified copies; amending s. 784.046, F.S., relating |
| 301 | to service of process in cases of repeat violence, sexual |
| 302 | violence, or dating violence; defining the term "threatened |
| 303 | violence"; providing for injunctions against threatened |
| 304 | violence; authorizing clerks of court to transmit facsimile |
| 305 | copies of previously certified injunctions to sheriffs upon |
| 306 | request; requiring sheriffs to verify receipt of facsimile |
| 307 | copies of injunctions with clerks of court before attempting |
| 308 | service; authorizing law enforcement officers to serve facsimile |
| 309 | copies of injunctions in the same manner as certified copies; |
| 310 | providing an effective date. |