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