| 1 | A bill to be entitled |
| 2 | An act relating to domestic violence; amending s. 741.30, |
| 3 | F.S.; providing that a respondent may be ordered, as part |
| 4 | of a domestic violence injunction, to surrender any weapon |
| 5 | or weapons; providing requirements for such an order; |
| 6 | providing for consequences of failure to comply with such |
| 7 | an order; correcting cross-references; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 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 weapon or weapons owned or |
| 61 | possessed by the respondent or to which the respondent has |
| 62 | access. Such an order shall require that the weapon or weapons |
| 63 | must be surrendered within a specified period of 12 hours or |
| 64 | less following the order to a law enforcement agency as |
| 65 | designated in the order. If the weapon or weapons are not |
| 66 | surrendered as ordered, the respondent shall be subject to |
| 67 | arrest for a violation of s. 790.233 and a search warrant shall |
| 68 | be issued authorizing a search of the respondent's residence, |
| 69 | vehicle, and other appropriate locations, as appropriate, to |
| 70 | locate and seize the weapon or weapons. |
| 71 | 8.7. Ordering such other relief as the court deems |
| 72 | necessary for the protection of a victim of domestic violence, |
| 73 | including injunctions or directives to law enforcement agencies, |
| 74 | as provided in this section. |
| 75 | (c) The terms of an injunction restraining the respondent |
| 76 | under subparagraph (a)1. or ordering other relief for the |
| 77 | protection of the victim under subparagraph (a)8.7. shall remain |
| 78 | in effect until modified or dissolved. Either party may move at |
| 79 | any time to modify or dissolve the injunction. No specific |
| 80 | allegations are required. Such relief may be granted in addition |
| 81 | to other civil or criminal remedies. |
| 82 | Section 2. This act shall take effect July 1, 2009. |