Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 950
Barcode 363276
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/19/2012 .
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The Committee on Criminal Justice (Hays) recommended the
following:
1 Senate Amendment (with title amendment)
2
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 784.048, Florida Statutes, is amended to
7 read:
8 784.048 Stalking; definitions; penalties.—
9 (1) As used in this section, the term:
10 (a) “Harass” means to engage in a course of conduct
11 directed at a specific person which that causes substantial
12 emotional distress to that in such person and serves no
13 legitimate purpose.
14 (b) “Course of conduct” means a pattern of conduct composed
15 of a series of acts over a period of time, however short, which
16 evidence evidencing a continuity of purpose. The term does not
17 include constitutionally protected activity such as is not
18 included within the meaning of “course of conduct.” Such
19 constitutionally protected activity includes picketing or other
20 organized protests.
21 (c) “Credible threat” means a verbal or nonverbal threat,
22 including a threat delivered by electronic communication or a
23 threat implied by a pattern of conduct, or a combination of the
24 two, which places the person who is the target of the threat in
25 reasonable fear for his or her safety or the safety of his or
26 her immediate family or household member, as defined in s.
27 741.28, and which is made with the apparent ability to carry out
28 the threat to cause such harm. It is not necessary to prove that
29 the person making the threat had the intent to actually carry
30 out the threat. The present incarceration of the person making
31 the threat is not a bar to prosecution under this section made
32 with the intent to cause the person who is the target of the
33 threat to reasonably fear for his or her safety. The threat must
34 be against the life of, or a threat to cause bodily injury to, a
35 person.
36 (d) “Cyberstalk” means to engage in a course of conduct to
37 communicate, or to cause to be communicated, words, images, or
38 language by or through the use of electronic mail or electronic
39 communication, directed at a specific person, causing
40 substantial emotional distress to that person and serving no
41 legitimate purpose.
42 (e) “Immediate family” means a person’s spouse, parent,
43 child, grandparent, or sibling.
44 (2) A Any person who willfully, maliciously, and repeatedly
45 follows, harasses, or cyberstalks another person commits the
46 offense of stalking, a misdemeanor of the first degree,
47 punishable as provided in s. 775.082 or s. 775.083.
48 (3) A Any person who willfully, maliciously, and repeatedly
49 follows, harasses, or cyberstalks another person, and makes a
50 credible threat to that person with the intent to place that
51 person in reasonable fear of death or bodily injury of the
52 person, or the person’s child, sibling, spouse, parent, or
53 dependent, commits the offense of aggravated stalking, a felony
54 of the third degree, punishable as provided in s. 775.082, s.
55 775.083, or s. 775.084.
56 (4) A Any person who, after an injunction for protection
57 against repeat violence, sexual violence, or dating violence
58 pursuant to s. 784.046, or an injunction for protection against
59 domestic violence pursuant to s. 741.30, or after any other
60 court-imposed prohibition of conduct toward the subject person
61 or that person’s property, knowingly, willfully, maliciously,
62 and repeatedly follows, harasses, or cyberstalks another person
63 commits the offense of aggravated stalking, a felony of the
64 third degree, punishable as provided in s. 775.082, s. 775.083,
65 or s. 775.084.
66 (5) A Any person who willfully, maliciously, and repeatedly
67 follows, harasses, or cyberstalks a child minor under 16 years
68 of age commits the offense of aggravated stalking, a felony of
69 the third degree, punishable as provided in s. 775.082, s.
70 775.083, or s. 775.084.
71 (6) A Any law enforcement officer may arrest, without a
72 warrant, any person that he or she has probable cause to believe
73 has violated the provisions of this section.
74 (7) A Any person who, after having been sentenced for a
75 violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
76 prohibited from contacting the victim of the offense under s.
77 921.244, willfully, maliciously, and repeatedly follows,
78 harasses, or cyberstalks the victim commits the offense of
79 aggravated stalking, a felony of the third degree, punishable as
80 provided in s. 775.082, s. 775.083, or s. 775.084.
81 (8) The punishment imposed under this section shall run
82 consecutive to any former sentence imposed for a conviction for
83 any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
84 (9)(a) The sentencing court shall consider, as a part of
85 any sentence, issuing an injunction restraining the defendant
86 from any contact with the victim, which may be valid for up to
87 10 years, as determined by the court. It is the intent of the
88 Legislature that the length of any such restraining order be
89 based upon the seriousness of the facts before the court, the
90 probability of future violations by the perpetrator, and the
91 safety of the victim and his or her immediate family.
92 (b) The injunction may be issued by the court even if the
93 defendant is sentenced to a state prison or a county jail or
94 even if the imposition of the sentence is suspended and the
95 defendant is placed on probation.
96 Section 2. Section 784.0485, Florida Statutes, is created
97 to read:
98 784.0485 Stalking or cyberstalking; injunction; powers and
99 duties of court and clerk; petition; notice and hearing;
100 temporary injunction; issuance of injunction; statewide
101 verification system; enforcement.—
102 (1) There is created a cause of action for an injunction
103 for protection against stalking or cyberstalking.
104 (a) A person who is the victim of stalking or cyberstalking
105 has standing in the circuit court to file a sworn petition for
106 an injunction for protection against stalking or cyberstalking.
107 (b) The cause of action for an injunction for protection
108 may be sought regardless of whether any other cause of action is
109 currently pending between the parties. However, the pendency of
110 any such cause of action shall be alleged in the petition.
111 (c) The cause of action for an injunction may be sought by
112 any affected person.
113 (d) The cause of action for an injunction does not require
114 either party to be represented by an attorney.
115 (e) The court may not issue mutual orders of protection;
116 however, the court is not precluded from issuing separate
117 injunctions for protection against stalking or cyberstalking if
118 each party has complied with this section. Compliance with this
119 section may not be waived.
120 (f) Notwithstanding chapter 47, a petition for an
121 injunction for protection against stalking or cyberstalking may
122 be filed in the circuit where the petitioner currently or
123 temporarily resides, where the respondent resides, or where the
124 stalking or cyberstalking occurred. There is no minimum
125 requirement of residency to petition for an injunction for
126 protection.
127 (2)(a) A bond is not required by the court for the entry of
128 an injunction.
129 (b)1. The clerk of the court shall assist petitioners in
130 seeking both injunctions for protection against stalking and
131 enforcement of a violation thereof as specified in this section.
132 2. All offices of the clerk of the court shall provide
133 simplified petition forms for the injunction and any
134 modifications to and the enforcement thereof, including
135 instructions for completion.
136 3. The clerk of the court shall ensure the petitioner’s
137 privacy to the extent practicable while completing the forms for
138 an injunction for protection against stalking or cyberstalking.
139 4. The clerk of the court shall provide a petitioner with a
140 minimum of two certified copies of the order of injunction, one
141 of which is serviceable and will inform the petitioner of the
142 process for service and enforcement.
143 5. The clerk of court and appropriate staff in each county
144 shall receive training in the effective assistance of
145 petitioners as provided or approved by the Florida Association
146 of Court Clerks.
147 6. The clerk of the court in each county shall make
148 available informational brochures on stalking when such a
149 brochure is provided by the local certified violence center.
150 7. The clerk of the court in each county shall distribute a
151 statewide uniform informational brochure to petitioners at the
152 time of filing for an injunction for protection against stalking
153 or cyberstalking when such brochures become available. The
154 brochure must include information about the effect of giving the
155 court false information.
156 (3)(a) The sworn petition shall allege the existence of
157 such stalking or cyberstalking and shall include the specific
158 facts and circumstances for which relief is sought.
159 (b) The sworn petition shall be in substantially the
160 following form:
161
162 PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING
163
164 Before me, the undersigned authority, personally appeared
165 Petitioner....(Name)...., who has been sworn and says that
166 the following statements are true:
167
168 1. Petitioner resides at:....(address)....
169 (Petitioner may furnish the address to the court in a
170 separate confidential filing if, for safety reasons,
171 the petitioner requires the location of the current
172 residence to be confidential.)
173 2. Respondent resides at:....(last known address)....
174 3. Respondent’s last known place of employment:....(name
175 of business and address)....
176 4. Physical description of respondent:....
177 5. Race....
178 6. Sex....
179 7. Date of birth....
180 8. Height....
181 9. Weight....
182 10. Eye color....
183 11. Hair color....
184 12. Distinguishing marks or scars....
185 13. Aliases of respondent:....
186
187 (c) The petitioner shall describe any other cause of action
188 currently pending between the petitioner and respondent. The
189 petitioner shall also describe any previous attempt by the
190 petitioner to obtain an injunction for protection against
191 stalking or cyberstalking in this or any other circuit, and the
192 result of that attempt. (Case numbers should be included, if
193 available.)
194 (d) The petition must provide space for the petitioner to
195 specifically allege that he or she is a victim of stalking or
196 cyberstalking because respondent has:
197
198 (Mark all sections that apply and describe in the spaces below
199 the incidents of stalking or cyberstalking specifying when and
200 where they occurred, including, but not limited to, locations
201 such as a home, school, or place of employment.)
202
203 .... Committed or threatened to commit stalking.
204 .... Previously threatened, harassed, stalked,
205 cyberstalked, or physically abused the petitioner.
206 .... Threatened to harm the petitioner or family members or
207 individuals closely associated with the petitioner.
208 .... Intentionally injured or killed a family pet.
209 .... Used, or has threatened to use, against the petitioner
210 any weapons such as guns or knives.
211 .... A criminal history involving violence or the threat of
212 violence (if known).
213 .... Another order of protection issued against him or her
214 previously or from another jurisdiction, if known.
215 .... Destroyed personal property, including, but not
216 limited to, telephones or other communication equipment,
217 clothing, or other items belonging to the petitioner.
218 (e) The petitioner seeks an injunction: (Mark appropriate
219 section or sections.)
220 .... Immediately restraining the respondent from committing
221 any acts of stalking or cyberstalking.
222 .... Restraining the respondent from committing any acts of
223 stalking or cyberstalking.
224 .... Providing any terms the court deems necessary for the
225 protection of a victim of stalking or cyberstalking, including
226 any injunctions or directives to law enforcement agencies.
227 (f) Every petition for an injunction against stalking or
228 cyberstalking must contain, directly above the signature line, a
229 statement in all capital letters and bold type not smaller than
230 the surrounding text, as follows:
231
232 I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
233 EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
234 THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
235 UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
236 SECTION 837.02, FLORIDA STATUTES.
237
238 ....(initials)....
239
240 (4) Upon the filing of the petition, the court shall set a
241 hearing to be held at the earliest possible time. The respondent
242 shall be personally served with a copy of the petition, notice
243 of hearing, and temporary injunction, if any, before the
244 hearing.
245 (5)(a) If it appears to the court that an immediate and
246 present danger of stalking or cyberstalking exists, the court
247 may grant a temporary injunction ex parte, pending a full
248 hearing, and may grant such relief as the court deems proper,
249 including an injunction restraining the respondent from
250 committing any act of stalking or cyberstalking.
251 (b) In a hearing ex parte for the purpose of obtaining such
252 ex parte temporary injunction, evidence other than verified
253 pleadings or affidavits may not be used as evidence, unless the
254 respondent appears at the hearing or has received reasonable
255 notice of the hearing. A denial of a petition for an ex parte
256 injunction shall be by written order noting the legal grounds
257 for denial. If the only ground for denial is no appearance of an
258 immediate and present danger of stalking or cyberstalking, the
259 court shall set a full hearing on the petition for injunction
260 with notice at the earliest possible time. This paragraph does
261 not affect a petitioner’s right to promptly amend any petition,
262 or otherwise be heard in person on any petition consistent with
263 the Florida Rules of Civil Procedure.
264 (c) Any such ex parte temporary injunction is effective for
265 a fixed period not to exceed 15 days. A full hearing, as
266 provided in this section, shall be set for a date no later than
267 the date when the temporary injunction ceases to be effective.
268 The court may grant a continuance of the hearing before or
269 during a hearing for good cause shown by any party, which shall
270 include a continuance to obtain service of process. An
271 injunction shall be extended if necessary to remain in full
272 force and effect during any period of continuance.
273 (6)(a) Upon notice and hearing, when it appears to the
274 court that the petitioner is the victim of stalking or
275 cyberstalking, the court may grant such relief as the court
276 deems proper, including an injunction:
277 1. Restraining the respondent from committing any act of
278 stalking or cyberstalking.
279 2. Ordering the respondent to participate in treatment,
280 intervention, or counseling services to be paid for by the
281 respondent.
282 3. Referring a petitioner to a certified domestic violence
283 center. The court must provide the petitioner with a list of
284 certified domestic violence centers in the circuit which the
285 petitioner may contact.
286 4. Ordering such other relief as the court deems necessary
287 for the protection of a victim of stalking or cyberstalking,
288 including injunctions or directives to law enforcement agencies,
289 as provided in this section.
290 (b) When determining whether a petitioner has reasonable
291 cause to believe that there is a credible threat that he or she
292 is in imminent danger of becoming a victim of stalking or
293 cyberstalking, the court shall consider and evaluate all
294 relevant factors alleged in the petition, including, but not
295 limited to:
296 1. The history between the petitioner and the respondent,
297 including threats, harassment, stalking or cyberstalking, and
298 physical abuse.
299 2. Whether the respondent has attempted to harm the
300 petitioner or family members or individuals closely associated
301 with the petitioner.
302 3. Whether the respondent has intentionally injured or
303 killed a family pet.
304 4. Whether the respondent has used, or has threatened to
305 use, against the petitioner any weapons such as guns or knives.
306 5. Whether the respondent has a criminal history involving
307 violence or the threat of violence.
308 6. The existence of a verifiable order of protection issued
309 previously or from another jurisdiction.
310 7. Whether the respondent has destroyed personal property,
311 including, but not limited to, telephones or other
312 communications equipment, clothing, or other items belonging to
313 the petitioner.
314
315 In making its determination under this paragraph, the court is
316 not limited to those factors enumerated in subparagraphs 1.-7.
317 (c) The terms of an injunction restraining the respondent
318 under subparagraph (a)1. or ordering other relief for the
319 protection of the victim under subparagraph (a)4. shall remain
320 in effect until modified or dissolved. Either party may move at
321 any time to modify or dissolve the injunction. Specific
322 allegations are not required. Such relief may be granted in
323 addition to other civil or criminal remedies.
324 (d) A temporary or final judgment on injunction for
325 protection against stalking or cyberstalking entered pursuant to
326 this section shall, on its face, indicate that:
327 1. The injunction is valid and enforceable in all counties
328 of this state.
329 2. Law enforcement officers may use their arrest powers
330 pursuant to s. 901.15(6) to enforce the terms of the injunction.
331 3. The court has jurisdiction over the parties and matter
332 under the laws of this state and that reasonable notice and
333 opportunity to be heard was given to the person against whom the
334 order is sought sufficient to protect that person’s right to due
335 process.
336 4. The date that the respondent was served with the
337 temporary or final order, if obtainable.
338 (e) The fact that a separate order of protection is granted
339 to each opposing party is not legally sufficient to deny any
340 remedy to either party or to prove that the parties are equally
341 at fault or equally endangered.
342 (f) A final judgment on an injunction for protection
343 against stalking or cyberstalking entered pursuant to this
344 section may, on its face, provide that it is a violation of s.
345 790.233 and a misdemeanor of the first degree for the respondent
346 to have in his or her care, custody, possession, or control any
347 firearm or ammunition.
348 (g) All proceedings under this subsection shall be
349 recorded. Recording may be by electronic means as provided by
350 the Rules of Judicial Administration.
351 (7) The court shall allow an advocate from a state
352 attorney’s office, a law enforcement agency, or a certified
353 violence center who is registered under s. 39.905 to be present
354 with the petitioner or respondent during any court proceedings
355 or hearings related to the injunction for protection if the
356 petitioner or respondent has made such a request and the
357 advocate is able to be present.
358 (8)(a)1. The clerk of the court shall furnish a copy of the
359 petition, notice of hearing, and temporary injunction, if any,
360 to the sheriff or a law enforcement agency of the county where
361 the respondent resides or can be found, who shall serve it upon
362 the respondent as soon thereafter as possible on any day of the
363 week and at any time of the day or night. When requested by the
364 sheriff, the clerk of the court may transmit a facsimile copy of
365 an injunction that has been certified by the clerk of the court,
366 and this facsimile copy may be served in the same manner as a
367 certified copy. Upon receiving a facsimile copy, the sheriff
368 must verify receipt with the sender before attempting to serve
369 it on the respondent. In addition, if the sheriff is in
370 possession of an injunction for protection which has been
371 certified by the clerk of the court, the sheriff may transmit a
372 facsimile copy of that injunction to a law enforcement officer
373 who shall serve it in the same manner as a certified copy. The
374 clerk of the court shall furnish to the sheriff such information
375 concerning the respondent’s physical description and location as
376 is required by the department to comply with the verification
377 procedures set forth in this section. Notwithstanding any other
378 law, the chief judge of each circuit, in consultation with the
379 appropriate sheriff, may authorize a law enforcement agency
380 within the jurisdiction to effect service. A law enforcement
381 agency serving injunctions pursuant to this section shall use
382 service and verification procedures consistent with those of the
383 sheriff.
384 2. If an injunction is issued and the petitioner requests
385 the assistance of a law enforcement agency, the court may order
386 that an officer from the appropriate law enforcement agency
387 accompany the petitioner to assist in the execution or service
388 of the injunction. A law enforcement officer shall accept a copy
389 of an injunction for protection against stalking, certified by
390 the clerk of the court, from the petitioner and immediately
391 serve it upon a respondent who has been located but not yet
392 served.
393 3. An order issued, changed, continued, extended, or
394 vacated subsequent to the original service of documents
395 enumerated under subparagraph 1. shall be certified by the clerk
396 of the court and delivered to the parties at the time of the
397 entry of the order. The parties may acknowledge receipt of such
398 order in writing on the face of the original order. If a party
399 fails or refuses to acknowledge the receipt of a certified copy
400 of an order, the clerk shall note on the original order that
401 service was effected. If delivery at the hearing is not
402 possible, the clerk shall mail certified copies of the order to
403 the parties at the last known address of each party. Service by
404 mail is complete upon mailing. When an order is served pursuant
405 to this subsection, the clerk shall prepare a written
406 certification to be placed in the court file specifying the
407 time, date, and method of service and shall notify the sheriff.
408 4. If the respondent has been served previously with a
409 temporary injunction and has failed to appear at the initial
410 hearing on the temporary injunction, any subsequent petition for
411 injunction seeking an extension of time may be served on the
412 respondent by the clerk of the court by certified mail in lieu
413 of personal service by a law enforcement officer.
414 (b)1. Within 24 hours after the court issues an injunction
415 for protection against stalking or cyberstalking or changes,
416 continues, extends, or vacates an injunction for protection
417 against stalking or cyberstalking, the clerk of the court must
418 forward a certified copy of the injunction for service to the
419 sheriff having jurisdiction over the residence of the
420 petitioner. The injunction must be served in accordance with
421 this subsection.
422 2. Within 24 hours after service of process of an
423 injunction for protection against stalking or cyberstalking upon
424 a respondent, the law enforcement officer must forward the
425 written proof of service of process to the sheriff having
426 jurisdiction over the residence of the petitioner.
427 3. Within 24 hours after the sheriff receives a certified
428 copy of the injunction for protection against stalking or
429 cyberstalking, the sheriff must make information relating to the
430 injunction available to other law enforcement agencies by
431 electronically transmitting such information to the Department
432 of Law Enforcement.
433 4. Within 24 hours after the sheriff or other law
434 enforcement officer has made service upon the respondent and the
435 sheriff has been so notified, the sheriff must make information
436 relating to the service available to other law enforcement
437 agencies by electronically transmitting such information to the
438 Department of Law Enforcement.
439 5. Within 24 hours after an injunction for protection
440 against stalking or cyberstalking is vacated, terminated, or
441 otherwise rendered no longer effective by ruling of the court,
442 the clerk of the court must notify the sheriff receiving
443 original notification of the injunction as provided in
444 subparagraph 2. That agency shall, within 24 hours after
445 receiving such notification from the clerk of the court, notify
446 the Department of Law Enforcement of such action of the court.
447 (9)(a) The court may enforce a violation of an injunction
448 for protection against stalking or cyberstalking through a civil
449 or criminal contempt proceeding, or the state attorney may
450 prosecute it as a criminal violation under s. 784.0487. The
451 court may enforce the respondent’s compliance with the
452 injunction through any appropriate civil and criminal remedies,
453 including, but not limited to, a monetary assessment or a fine.
454 The clerk of the court shall collect and receive such
455 assessments or fines. On a monthly basis, the clerk shall
456 transfer the moneys collected pursuant to this paragraph to the
457 State Treasury for deposit into the Domestic Violence Trust
458 Fund.
459 (b) If the respondent is arrested by a law enforcement
460 officer under s. 901.15(6) or for a violation of s. 784.0487,
461 the respondent shall be held in custody until brought before the
462 court as expeditiously as possible for the purpose of enforcing
463 the injunction and for admittance to bail in accordance with
464 chapter 903 and the applicable rules of criminal procedure,
465 pending a hearing.
466 (10) The petitioner or the respondent may move the court to
467 modify or dissolve an injunction at any time.
468 Section 3. Section 784.0487, Florida Statutes, is created
469 to read:
470 784.0487 Violation of an injunction for protection against
471 stalking or cyberstalking.—
472 (1) If the injunction for protection against stalking or
473 cyberstalking has been violated and the respondent has not been
474 arrested, the petitioner may contact the clerk of the circuit
475 court of the county in which the violation is alleged to have
476 occurred. The clerk shall assist the petitioner in preparing an
477 affidavit in support of reporting the violation or directing the
478 petitioner to the office operated by the court that has been
479 designated by the chief judge of that circuit as the central
480 intake point for violations of injunctions for protection where
481 the petitioner can receive assistance in the preparation of the
482 affidavit in support of the violation.
483 (2) The affidavit shall be immediately forwarded by the
484 office assisting the petitioner to the state attorney of that
485 circuit and to such judge as the chief judge determines to be
486 the recipient of affidavits of violations of an injunction. If
487 the affidavit alleges that a crime has been committed, the
488 office assisting the petitioner shall also forward a copy of the
489 petitioner’s affidavit to the appropriate law enforcement agency
490 for investigation. No later than 20 days after receiving the
491 initial report, the local law enforcement agency shall complete
492 its investigation and forward a report to the state attorney.
493 The policy adopted by the state attorney in each circuit under
494 s. 741.2901(2) shall include a policy regarding intake of
495 alleged violations of injunctions for protection against
496 stalking or cyberstalking under this section. The intake shall
497 be supervised by a state attorney who has been designated and
498 assigned to handle stalking or cyberstalking cases. The state
499 attorney shall determine within 30 working days whether his or
500 her office will file criminal charges or prepare a motion for an
501 order to show cause as to why the respondent should not be held
502 in criminal contempt, or prepare both as alternative findings,
503 or file notice that the case remains under investigation or is
504 pending subject to some other action.
505 (3) If the court has knowledge that the petitioner or
506 another person is in immediate danger if the court does not act
507 before the decision of the state attorney to proceed, the court
508 shall immediately issue an order of appointment of the state
509 attorney to file a motion for an order to show cause as to why
510 the respondent should not be held in contempt. If the court does
511 not issue an order of appointment of the state attorney, it
512 shall immediately notify the state attorney that the court is
513 proceeding to enforce the violation through criminal contempt.
514 (4) A person who willfully violates an injunction for
515 protection against stalking or cyberstalking issued pursuant to
516 s. 784.0485, or a foreign protection order accorded full faith
517 and credit pursuant to s. 741.315, by:
518 (a) Going to, or being within 500 feet of, the petitioner’s
519 residence, school, place of employment, or a specified place
520 frequented regularly by the petitioner and any named family or
521 household member;
522 (b) Committing an act of stalking or cyberstalking against
523 the petitioner;
524 (c) Committing any other violation of the injunction
525 through an intentional unlawful threat, word, or act to do
526 violence to the petitioner;
527 (d) Telephoning, contacting, or otherwise communicating
528 with the petitioner, directly or indirectly, unless the
529 injunction specifically allows indirect contact through a third
530 party;
531 (e) Knowingly and intentionally coming within 100 feet of
532 the petitioner’s motor vehicle, whether or not that vehicle is
533 occupied;
534 (f) Defacing or destroying the petitioner’s personal
535 property, including the petitioner’s motor vehicle; or
536 (g) Refusing to surrender firearms or ammunition if ordered
537 to do so by the court,
538
539 commits a misdemeanor of the first degree, punishable as
540 provided in s. 775.082 or s. 775.083.
541 (5) A person who suffers an injury or loss as a result of a
542 violation of an injunction for protection against stalking or
543 cyberstalking may be awarded economic damages for that injury or
544 loss by the court issuing the injunction. Damages includes costs
545 and attorney fees for enforcement of the injunction.
546 Section 4. This act shall take effect October 1, 2012.
547
548 ================= T I T L E A M E N D M E N T ================
549 And the title is amended as follows:
550 Delete everything before the enacting clause
551 and insert:
552 A bill to be entitled
553 An act relating to stalking and aggravated stalking;
554 amending s. 784.048, F.S.; redefining the terms
555 “course of conduct” and “credible threat” and defining
556 the term “immediate family”; providing that a person
557 who makes a threat which places another person in
558 reasonable fear for his or her safety or the safety of
559 his or her immediate family commits the offense of
560 aggravated stalking under certain circumstances;
561 requiring that the sentencing court consider issuing
562 an injunction that restrains a defendant from any
563 contact with the victim for up to 10 years; providing
564 legislative intent regarding the length of any such
565 restraining order; creating s. 784.0485, F.S.;
566 creating a civil cause of action for an injunction for
567 protection against stalking or cyberstalking;
568 providing that the victim of stalking or
569 cyberstalking, has standing in the circuit court to
570 file a sworn petition for an injunction for protection
571 against stalking or cyberstalking; prohibiting a court
572 from issuing mutual orders of protection, but
573 authorizing the court to issue a separate injunction
574 for protection against stalking or cyberstalking if
575 each party has complied with the provisions of law;
576 providing for venue of the cause of action; providing
577 that a petitioner is not required to post a bond;
578 requiring the clerks of court to assist petitioners in
579 filing petitions with the court; requiring the clerk
580 of the court in each county to make available
581 informational brochures; providing a sample petition
582 for an injunction for protection against stalking or
583 cyberstalking; authorizing the court to grant a
584 temporary injunction ex parte, pending a full hearing,
585 under certain circumstances; authorizing the court to
586 grant such relief as the court deems necessary and
587 proper; providing procedures for an ex parte
588 injunction hearing; setting forth the relief the court
589 may grant if it finds that the petitioner is in
590 imminent danger of becoming a victim of stalking or
591 cyberstalking; setting forth the criteria the court
592 must consider at the hearing; requiring the court to
593 allow an advocate from a state attorney’s office, law
594 enforcement agency, or certified violence center to be
595 present with the petitioner or respondent during any
596 court proceeding; requiring the clerk of the court to
597 furnish a copy of the petition, notice of hearing, and
598 temporary injunction, if any, to the sheriff or a law
599 enforcement agency of the county where the respondent
600 resides or can be found, who shall serve it upon the
601 respondent as soon thereafter as possible on any day
602 of the week and at any time of the day or night;
603 authorizing the court to order a law enforcement
604 officer to accompany the petitioner; authorizing the
605 court to enforce a violation of an injunction for
606 protection against stalking or cyberstalking through a
607 civil or criminal contempt proceeding; authorizing a
608 state attorney to use criminal procedures for a
609 violation of an injunction for protection; creating s.
610 784.0487, F.S.; providing procedures to follow when
611 the respondent has violated the injunction for
612 protection; providing legislative intent; providing
613 criminal penalties; providing that a court may award a
614 person who suffers an injury or loss as a result of a
615 violation of an injunction for protection against
616 stalking or cyberstalking economic damages for that
617 injury or loss, including costs and attorney fees for
618 enforcement of the injunction; providing an effective
619 date.