1 | A bill to be entitled |
2 | An act relating to injunctions for protection against |
3 | domestic violence, repeat violence, sexual violence, or |
4 | dating violence; amending ss. 741.30 and 784.046, F.S.; |
5 | requiring the sheriff, after the sheriff or other law |
6 | enforcement officer has served such an injunction upon a |
7 | respondent, to notify the petitioner within a specified |
8 | period that the respondent has been served if the |
9 | petitioner has requested notification and has registered a |
10 | telephone number or e-mail address with the sheriff; |
11 | providing for the content of the notice; providing an |
12 | effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Paragraph (c) of subsection (8) of section |
17 | 741.30, Florida Statutes, is amended to read: |
18 | 741.30 Domestic violence; injunction; powers and duties of |
19 | court and clerk; petition; notice and hearing; temporary |
20 | injunction; issuance of injunction; statewide verification |
21 | system; enforcement.-- |
22 | (8) |
23 | (c)1. Within 24 hours after the court issues an injunction |
24 | for protection against domestic violence or changes, continues, |
25 | extends, or vacates an injunction for protection against |
26 | domestic violence, the clerk of the court must forward a |
27 | certified copy of the injunction for service to the sheriff with |
28 | jurisdiction over the residence of the petitioner. The |
29 | injunction must be served in accordance with this subsection. |
30 | 2. Within 24 hours after service of process of an |
31 | injunction for protection against domestic violence upon a |
32 | respondent, the law enforcement officer must forward the written |
33 | proof of service of process to the sheriff with jurisdiction |
34 | over the residence of the petitioner. |
35 | 3. Within 24 hours after the sheriff receives a certified |
36 | copy of the injunction for protection against domestic violence, |
37 | the sheriff must make information relating to the injunction |
38 | available to other law enforcement agencies by electronically |
39 | transmitting such information to the department. |
40 | 4. Within 24 hours after the sheriff or other law |
41 | enforcement officer has made service upon the respondent and the |
42 | sheriff has been so notified, the sheriff must make information |
43 | relating to the service available to other law enforcement |
44 | agencies by electronically transmitting such information to the |
45 | department. |
46 | 5. If the petitioner has requested notification and has |
47 | registered a telephone number or e-mail address with the |
48 | sheriff, within 12 hours after the sheriff or other law |
49 | enforcement officer has made service upon the respondent and the |
50 | sheriff has been so notified, the sheriff shall notify the |
51 | petitioner that the respondent has been served with the |
52 | injunction for protection against domestic violence. The |
53 | notification must include the date, time, and location where the |
54 | injunction for protection against domestic violence was served. |
55 | 6.5. Within 24 hours after an injunction for protection |
56 | against domestic violence is vacated, terminated, or otherwise |
57 | rendered no longer effective by ruling of the court, the clerk |
58 | of the court must notify the sheriff receiving original |
59 | notification of the injunction as provided in subparagraph 2. |
60 | That agency shall, within 24 hours after receiving such |
61 | notification from the clerk of the court, notify the department |
62 | of such action of the court. |
63 | Section 2. Paragraph (c) of subsection (8) of section |
64 | 784.046, Florida Statutes, is amended to read: |
65 | 784.046 Action by victim of repeat violence, sexual |
66 | violence, or dating violence for protective injunction; dating |
67 | violence investigations, notice to victims, and reporting; |
68 | pretrial release violations.-- |
69 | (8) |
70 | (c)1. Within 24 hours after the court issues an injunction |
71 | for protection against repeat violence, sexual violence, or |
72 | dating violence or changes or vacates an injunction for |
73 | protection against repeat violence, sexual violence, or dating |
74 | violence, the clerk of the court must forward a copy of the |
75 | injunction to the sheriff with jurisdiction over the residence |
76 | of the petitioner. |
77 | 2. Within 24 hours after service of process of an |
78 | injunction for protection against repeat violence, sexual |
79 | violence, or dating violence upon a respondent, the law |
80 | enforcement officer must forward the written proof of service of |
81 | process to the sheriff with jurisdiction over the residence of |
82 | the petitioner. |
83 | 3. Within 24 hours after the sheriff receives a certified |
84 | copy of the injunction for protection against repeat violence, |
85 | sexual violence, or dating violence, the sheriff must make |
86 | information relating to the injunction available to other law |
87 | enforcement agencies by electronically transmitting such |
88 | information to the department. |
89 | 4. Within 24 hours after the sheriff or other law |
90 | enforcement officer has made service upon the respondent and the |
91 | sheriff has been so notified, the sheriff must make information |
92 | relating to the service available to other law enforcement |
93 | agencies by electronically transmitting such information to the |
94 | department. |
95 | 5. If the petitioner has requested notification and has |
96 | registered a telephone number or e-mail address with the |
97 | sheriff, within 12 hours after the sheriff or other law |
98 | enforcement officer has made service upon the respondent and the |
99 | sheriff has been so notified, the sheriff shall notify the |
100 | petitioner that the respondent has been served with the |
101 | injunction for protection against repeat violence, sexual |
102 | violence, or dating violence. The notification must include the |
103 | date, time, and location where the injunction for protection |
104 | against repeat violence, sexual violence, or dating violence was |
105 | served. |
106 | 6.5. Within 24 hours after an injunction for protection |
107 | against repeat violence, sexual violence, or dating violence is |
108 | lifted, terminated, or otherwise rendered no longer effective by |
109 | ruling of the court, the clerk of the court must notify the |
110 | sheriff or local law enforcement agency receiving original |
111 | notification of the injunction as provided in subparagraph 2. |
112 | That agency shall, within 24 hours after receiving such |
113 | notification from the clerk of the court, notify the department |
114 | of such action of the court. |
115 | Section 3. This act shall take effect July 1, 2009. |