Florida Senate - 2009                                    SB 1376
       
       
       
       By Senator Hill
       
       
       
       
       1-00893-09                                            20091376__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence; amending s.
    3         741.30, F.S.; providing that a respondent may be
    4         ordered, as part of a domestic violence injunction, to
    5         surrender weapons; providing requirements for such an
    6         order; providing for consequences of failure to comply
    7         with such an order; correcting cross-references;
    8         providing an effective date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Paragraphs (a) and (c) of subsection (6) of
   13  section 741.30, Florida Statutes, are amended to read:
   14         741.30 Domestic violence; injunction; powers and duties of
   15  court and clerk; petition; notice and hearing; temporary
   16  injunction; issuance of injunction; statewide verification
   17  system; enforcement.—
   18         (6)(a) Upon notice and hearing, when it appears to the
   19  court that the petitioner is either the victim of domestic
   20  violence as defined by s. 741.28 or has reasonable cause to
   21  believe he or she is in imminent danger of becoming a victim of
   22  domestic violence, the court may grant such relief as the court
   23  deems proper, including an injunction:
   24         1. Restraining the respondent from committing any acts of
   25  domestic violence.
   26         2. Awarding to the petitioner the exclusive use and
   27  possession of the dwelling that the parties share or excluding
   28  the respondent from the residence of the petitioner.
   29         3. On the same basis as provided in chapter 61, providing
   30  the petitioner with 100 percent of the time-sharing in a
   31  temporary parenting plan that shall remain in effect until the
   32  order expires or an order is entered by a court of competent
   33  jurisdiction in a pending or subsequent civil action or
   34  proceeding affecting the placement of, access to, parental time
   35  with, adoption of, or parental rights and responsibilities for
   36  the minor child.
   37         4. On the same basis as provided in chapter 61,
   38  establishing temporary support for a minor child or children or
   39  the petitioner. An order of temporary support remains in effect
   40  until the order expires or an order is entered by a court of
   41  competent jurisdiction in a pending or subsequent civil action
   42  or proceeding affecting child support.
   43         5. Ordering the respondent to participate in treatment,
   44  intervention, or counseling services to be paid for by the
   45  respondent. When the court orders the respondent to participate
   46  in a batterers' intervention program, the court, or any entity
   47  designated by the court, must provide the respondent with a list
   48  of all certified batterers' intervention programs and all
   49  programs which have submitted an application to the Department
   50  of Children and Family Services to become certified under s.
   51  741.32, from which the respondent must choose a program in which
   52  to participate. If there are no certified batterers'
   53  intervention programs in the circuit, the court shall provide a
   54  list of acceptable programs from which the respondent must
   55  choose a program in which to participate.
   56         6. Referring a petitioner to a certified domestic violence
   57  center. The court must provide the petitioner with a list of
   58  certified domestic violence centers in the circuit which the
   59  petitioner may contact.
   60         7. Requiring surrender of any weapons possessed by the
   61  respondent. Such an order shall require that the weapons must be
   62  surrendered within a specified period of 12 hours or less
   63  following the order to a law enforcement agency as designated in
   64  the order. If the weapons are not surrendered as ordered, the
   65  respondent is subject to arrest for a violation of s. 790.233
   66  and a search warrant may be issued authorizing a search of the
   67  respondent's residence, vehicle, and other locations, as
   68  appropriate, to locate and seize the weapons.
   69         8.7. Ordering such other relief as the court deems
   70  necessary for the protection of a victim of domestic violence,
   71  including injunctions or directives to law enforcement agencies,
   72  as provided in this section.
   73         (c) The terms of an injunction restraining the respondent
   74  under subparagraph (a)1. or ordering other relief for the
   75  protection of the victim under subparagraph (a)8. (a)7. shall
   76  remain in effect until modified or dissolved. Either party may
   77  move at any time to modify or dissolve the injunction. No
   78  specific allegations are required. Such relief may be granted in
   79  addition to other civil or criminal remedies.
   80         Section 2. This act shall take effect July 1, 2009.