Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 438
       
       
       
       
       
       
                                Barcode 354550                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2011           .                                
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       The Committee on Criminal Justice (Smith) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (8) of section
    6  741.30, Florida Statutes, is amended to read:
    7         741.30 Domestic violence; injunction; powers and duties of
    8  court and clerk; petition; notice and hearing; temporary
    9  injunction; issuance of injunction; statewide verification
   10  system; enforcement.—
   11         (8)
   12         (c)1. Within 24 hours after the court issues an injunction
   13  for protection against domestic violence or changes, continues,
   14  extends, or vacates an injunction for protection against
   15  domestic violence, the clerk of the court must forward a
   16  certified copy of the injunction for service to the sheriff with
   17  jurisdiction over the residence of the petitioner. The
   18  injunction must be served in accordance with this subsection.
   19         2. Within 24 hours after service of process of an
   20  injunction for protection against domestic violence upon a
   21  respondent, the law enforcement officer must forward the written
   22  proof of service of process to the sheriff with jurisdiction
   23  over the residence of the petitioner.
   24         3. Within 24 hours after the sheriff receives a certified
   25  copy of the injunction for protection against domestic violence,
   26  the sheriff must make information relating to the injunction
   27  available to other law enforcement agencies by electronically
   28  transmitting such information to the department.
   29         4. Within 24 hours after the sheriff or other law
   30  enforcement officer has made service upon the respondent and the
   31  sheriff has been so notified, the sheriff must make information
   32  relating to the service available to other law enforcement
   33  agencies by electronically transmitting such information to the
   34  department.
   35         5.Subject to available funding, the Florida Association of
   36  Court Clerks and Comptrollers shall develop an automated process
   37  by which a petitioner may request notification of service of the
   38  injunction for protection against domestic violence and other
   39  court actions related to the injunction for protection. The
   40  automated notice shall be made within 12 hours after the sheriff
   41  or other law enforcement officer serves the injunction upon the
   42  respondent. The notification must include, at a minimum, the
   43  date, time, and location where the injunction for protection
   44  against domestic violence was served. The Florida Association of
   45  Court Clerks and Comptrollers shall apply for any available
   46  grants to fund the development of the automated process.
   47         6.5. Within 24 hours after an injunction for protection
   48  against domestic violence is vacated, terminated, or otherwise
   49  rendered no longer effective by ruling of the court, the clerk
   50  of the court must notify the sheriff receiving original
   51  notification of the injunction as provided in subparagraph 2.
   52  That agency shall, within 24 hours after receiving such
   53  notification from the clerk of the court, notify the department
   54  of such action of the court.
   55         Section 2. Paragraph (c) of subsection (8) of section
   56  784.046, Florida Statutes, is amended to read:
   57         784.046 Action by victim of repeat violence, sexual
   58  violence, or dating violence for protective injunction; dating
   59  violence investigations, notice to victims, and reporting;
   60  pretrial release violations.—
   61         (8)
   62         (c)1. Within 24 hours after the court issues an injunction
   63  for protection against repeat violence, sexual violence, or
   64  dating violence or changes or vacates an injunction for
   65  protection against repeat violence, sexual violence, or dating
   66  violence, the clerk of the court must forward a copy of the
   67  injunction to the sheriff with jurisdiction over the residence
   68  of the petitioner.
   69         2. Within 24 hours after service of process of an
   70  injunction for protection against repeat violence, sexual
   71  violence, or dating violence upon a respondent, the law
   72  enforcement officer must forward the written proof of service of
   73  process to the sheriff with jurisdiction over the residence of
   74  the petitioner.
   75         3. Within 24 hours after the sheriff receives a certified
   76  copy of the injunction for protection against repeat violence,
   77  sexual violence, or dating violence, the sheriff must make
   78  information relating to the injunction available to other law
   79  enforcement agencies by electronically transmitting such
   80  information to the department.
   81         4. Within 24 hours after the sheriff or other law
   82  enforcement officer has made service upon the respondent and the
   83  sheriff has been so notified, the sheriff must make information
   84  relating to the service available to other law enforcement
   85  agencies by electronically transmitting such information to the
   86  department.
   87         5.Subject to available funding, the Florida Association of
   88  Court Clerks and Comptrollers shall develop an automated process
   89  by which a petitioner may request notification of service of the
   90  injunction for protection against repeat violence, sexual
   91  violence, or dating violence and other court actions related to
   92  the injunction for protection. The automated notice shall be
   93  made within 12 hours after the sheriff or other law enforcement
   94  officer serves the injunction upon the respondent. The
   95  notification must include, at a minimum, the date, time, and
   96  location where the injunction for protection against repeat
   97  violence, sexual violence, or dating violence was served. The
   98  Florida Association of Court Clerks and Comptrollers shall apply
   99  for any available grants to fund the development of the
  100  automated process.
  101         6.5. Within 24 hours after an injunction for protection
  102  against repeat violence, sexual violence, or dating violence is
  103  lifted, terminated, or otherwise rendered no longer effective by
  104  ruling of the court, the clerk of the court must notify the
  105  sheriff or local law enforcement agency receiving original
  106  notification of the injunction as provided in subparagraph 2.
  107  That agency shall, within 24 hours after receiving such
  108  notification from the clerk of the court, notify the department
  109  of such action of the court.
  110  Section 3. This act shall take effect July 1, 2011.
  111  
  112  ================= T I T L E  A M E N D M E N T ================
  113         And the title is amended as follows:
  114         Delete everything before the enacting clause
  115  and insert:
  116                        A bill to be entitled                      
  117         An act relating to injunctions for protection against
  118         domestic violence, repeat violence, sexual violence,
  119         or dating violence; amending ss. 741.30 and 784.046,
  120         F.S.; subject to available funding, directing the
  121         Florida Association of Court Clerks and Comptrollers
  122         to develop an automated process by which a petitioner
  123         for an injunction for protection may request
  124         notification of service of the injunction or notice of
  125         other court actions related to the injunction;
  126         requiring that notice be given to the petitioner
  127         within a specified time; providing for the content of
  128         the notice; providing an effective date.