Florida Senate - 2010 CS for SB 796
By the Committee on Criminal Justice; and Senator Hill
591-03783-10 2010796c1
1 A bill to be entitled
2 An act relating to injunctions for protection against
3 domestic violence, repeat violence, sexual violence,
4 or dating violence; amending ss. 741.30 and 784.046,
5 F.S.; subject to available funding, directing the
6 Florida Association of Court Clerks to develop an
7 automated process by which a petitioner may request
8 notification of service of the injunction for
9 protection; requiring that notice to the petitioner be
10 given to the petitioner within a specified time;
11 providing for the content of the notice; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
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. Subject to available funding, the Florida Association of
47 Court Clerks shall develop an automated process by which a
48 petitioner may request notification of service of the injunction
49 for protection against domestic violence and other court actions
50 related to the injunction against domestic violence. The
51 automated notice shall be made within 12 hours after the sheriff
52 or other law enforcement officer has made service upon the
53 respondent. The notification must include, at a minimum, the
54 date, time, and location where the injunction for protection
55 against domestic violence was served.
56 6.5. Within 24 hours after an injunction for protection
57 against domestic violence is vacated, terminated, or otherwise
58 rendered no longer effective by ruling of the court, the clerk
59 of the court must notify the sheriff receiving original
60 notification of the injunction as provided in subparagraph 2.
61 That agency shall, within 24 hours after receiving such
62 notification from the clerk of the court, notify the department
63 of such action of the court.
64 Section 2. Paragraph (c) of subsection (8) of section
65 784.046, Florida Statutes, is amended to read:
66 784.046 Action by victim of repeat violence, sexual
67 violence, or dating violence for protective injunction; dating
68 violence investigations, notice to victims, and reporting;
69 pretrial release violations.—
70 (8)
71 (c)1. Within 24 hours after the court issues an injunction
72 for protection against repeat violence, sexual violence, or
73 dating violence or changes or vacates an injunction for
74 protection against repeat violence, sexual violence, or dating
75 violence, the clerk of the court must forward a copy of the
76 injunction to the sheriff with jurisdiction over the residence
77 of the petitioner.
78 2. Within 24 hours after service of process of an
79 injunction for protection against repeat violence, sexual
80 violence, or dating violence upon a respondent, the law
81 enforcement officer must forward the written proof of service of
82 process to the sheriff with jurisdiction over the residence of
83 the petitioner.
84 3. Within 24 hours after the sheriff receives a certified
85 copy of the injunction for protection against repeat violence,
86 sexual violence, or dating violence, the sheriff must make
87 information relating to the injunction available to other law
88 enforcement agencies by electronically transmitting such
89 information to the department.
90 4. Within 24 hours after the sheriff or other law
91 enforcement officer has made service upon the respondent and the
92 sheriff has been so notified, the sheriff must make information
93 relating to the service available to other law enforcement
94 agencies by electronically transmitting such information to the
95 department.
96 5. Subject to available funding, the Florida Association of
97 Court Clerks shall develop an automated process by which a
98 petitioner may request notification of service of the injunction
99 for protection against repeat violence, sexual violence, or
100 dating violence and other court actions related to the
101 injunction against repeat violence, sexual violence, or dating
102 violence. The automated notice shall be made within 12 hours
103 after the sheriff or other law enforcement officer has made
104 service upon the respondent. The notification must include, at a
105 minimum, the date, time, and location where the injunction for
106 protection against repeat violence, sexual violence, or dating
107 violence was served.
108 6.5. Within 24 hours after an injunction for protection
109 against repeat violence, sexual violence, or dating violence is
110 lifted, terminated, or otherwise rendered no longer effective by
111 ruling of the court, the clerk of the court must notify the
112 sheriff or local law enforcement agency receiving original
113 notification of the injunction as provided in subparagraph 2.
114 That agency shall, within 24 hours after receiving such
115 notification from the clerk of the court, notify the department
116 of such action of the court.
117 Section 3. This act shall take effect July 1, 2010.