Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 950
Barcode 653478
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/25/2012 .
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The Committee on Criminal Justice (Hays) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 784.048, Florida Statutes, is amended to
6 read:
7 784.048 Stalking; definitions; penalties.—
8 (1) As used in this section, the term:
9 (a) “Harass” means to engage in a course of conduct
10 directed at a specific person which that causes substantial
11 emotional distress to that in such person and serves no
12 legitimate purpose.
13 (b) “Course of conduct” means a pattern of conduct composed
14 of a series of acts over a period of time, however short, which
15 evidence evidencing a continuity of purpose. The term does not
16 include constitutionally protected activity such as is not
17 included within the meaning of “course of conduct.” Such
18 constitutionally protected activity includes picketing or other
19 organized protests.
20 (c) “Credible threat” means a verbal or nonverbal threat,
21 including a threat delivered by electronic communication or a
22 threat implied by a pattern of conduct, or a combination of the
23 two, which places the person who is the target of the threat in
24 reasonable fear for his or her safety or the safety of his or
25 her immediate family or household member, as defined in s.
26 741.28, and which is made with the apparent ability to carry out
27 the threat to cause such harm. It is not necessary to prove that
28 the person making the threat had the intent to actually carry
29 out the threat. The present incarceration of the person making
30 the threat is not a bar to prosecution under this section made
31 with the intent to cause the person who is the target of the
32 threat to reasonably fear for his or her safety. The threat must
33 be against the life of, or a threat to cause bodily injury to, a
34 person.
35 (d) “Cyberstalk” means to engage in a course of conduct to
36 communicate, or to cause to be communicated, words, images, or
37 language by or through the use of electronic mail or electronic
38 communication, directed at a specific person, causing
39 substantial emotional distress to that person and serving no
40 legitimate purpose.
41 (e) “Immediate family” means a person’s spouse, parent,
42 child, grandparent, or sibling.
43 (2) A Any person who willfully, maliciously, and repeatedly
44 follows, harasses, or cyberstalks another person commits the
45 offense of stalking, a misdemeanor of the first degree,
46 punishable as provided in s. 775.082 or s. 775.083.
47 (3) A Any person who willfully, maliciously, and repeatedly
48 follows, harasses, or cyberstalks another person, and makes a
49 credible threat to that person with the intent to place that
50 person in reasonable fear of death or bodily injury of the
51 person, or the person’s child, sibling, spouse, parent, or
52 dependent, commits the offense of aggravated stalking, a felony
53 of the third degree, punishable as provided in s. 775.082, s.
54 775.083, or s. 775.084.
55 (4) A Any person who, after an injunction for protection
56 against repeat violence, sexual violence, or dating violence
57 pursuant to s. 784.046, or an injunction for protection against
58 domestic violence pursuant to s. 741.30, or after any other
59 court-imposed prohibition of conduct toward the subject person
60 or that person’s property, knowingly, willfully, maliciously,
61 and repeatedly follows, harasses, or cyberstalks another person
62 commits the offense of aggravated stalking, a felony of the
63 second third degree, punishable as provided in s. 775.082, s.
64 775.083, or s. 775.084.
65 (5) A Any person who willfully, maliciously, and repeatedly
66 follows, harasses, or cyberstalks a child minor under 16 years
67 of age commits the offense of aggravated stalking, a felony of
68 the first third degree, punishable as provided in s. 775.082, s.
69 775.083, or s. 775.084.
70 (6) A Any law enforcement officer may arrest, without a
71 warrant, any person that he or she has probable cause to believe
72 has violated the provisions of this section.
73 (7) A Any person who, after having been sentenced for a
74 violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
75 prohibited from contacting the victim of the offense under s.
76 921.244, willfully, maliciously, and repeatedly follows,
77 harasses, or cyberstalks the victim commits the offense of
78 aggravated stalking, a felony of the first third degree,
79 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
80 (8) The punishment imposed under this section shall run
81 consecutive to any former sentence imposed for a conviction for
82 any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
83 (9)(a) The sentencing court shall consider, as a part of
84 any sentence, issuing an injunction restraining the defendant
85 from any contact with the victim, which may be valid for up to
86 10 years, as determined by the court. It is the intent of the
87 Legislature that the length of any such restraining order be
88 based upon the seriousness of the facts before the court, the
89 probability of future violations by the perpetrator, and the
90 safety of the victim and his or her immediate family.
91 (b) The injunction may be issued by the court even if the
92 defendant is sentenced to a state prison or a county jail or
93 even if the imposition of the sentence is suspended and the
94 defendant is placed on probation.
95 (10) If the court finds the defendant guilty of stalking or
96 aggravated stalking under this section, the court shall order
97 the defendant to attend a batterers’ intervention program
98 pursuant to s. 741.281.
99 Section 2. Section 784.0485, Florida Statutes, is created
100 to read:
101 784.0485 Stalking or cyberstalking; injunction; powers and
102 duties of court and clerk; petition; notice and hearing;
103 temporary injunction; issuance of injunction; statewide
104 verification system; enforcement.—
105 (1) There is created a cause of action for an injunction
106 for protection against stalking or cyberstalking.
107 (a) A person who is the victim of stalking or cyberstalking
108 or who has reasonable cause to believe that he or she is in
109 imminent danger of becoming the victim of an act of stalking or
110 cyberstalking has standing in the circuit court to file a sworn
111 petition for an injunction for protection against stalking or
112 cyberstalking.
113 (b) The cause of action for an injunction for protection
114 may be sought regardless of whether any other cause of action is
115 currently pending between the parties. However, the pendency of
116 any such cause of action shall be alleged in the petition.
117 (c) The cause of action for an injunction may be sought by
118 any affected person.
119 (d) The cause of action for an injunction does not require
120 either party to be represented by an attorney.
121 (e) The court may not issue mutual orders of protection;
122 however, the court is not precluded from issuing separate
123 injunctions for protection against stalking or cyberstalking if
124 each party has complied with this section. Compliance with this
125 section may not be waived.
126 (f) Notwithstanding chapter 47, a petition for an
127 injunction for protection against stalking or cyberstalking may
128 be filed in the circuit where the petitioner currently or
129 temporarily resides, where the respondent resides, or where the
130 stalking or cyberstalking occurred. There is no minimum
131 requirement of residency to petition for an injunction for
132 protection.
133 (2)(a) Notwithstanding any other law, the clerk of court
134 may not assess a filing fee to file a petition for protection
135 against stalking or cyberstalking. However, subject to
136 legislative appropriation, the clerk of the circuit court may,
137 on a quarterly basis, submit to the Office of the State Courts
138 Administrator a certified request for reimbursement for
139 petitions for protection against stalking or cyberstalking
140 issued by the court, at the rate of $40 per petition. The
141 request for reimbursement shall be submitted in the form and
142 manner prescribed by the Office of the State Courts
143 Administrator. From this reimbursement, the clerk shall pay any
144 law enforcement agency serving the injunction the fee requested
145 by the law enforcement agency; however, this fee may not exceed
146 $20.
147 (b) A bond is not required by the court for the entry of an
148 injunction.
149 (c)1. The clerk of the court shall assist petitioners in
150 seeking both injunctions for protection against stalking and
151 enforcement of a violation thereof as specified in this section.
152 2. All offices of the clerk of the court shall provide
153 simplified petition forms for the injunction and any
154 modifications to and the enforcement thereof, including
155 instructions for completion.
156 3. The clerk of the court shall ensure the petitioner’s
157 privacy to the extent practicable while completing the forms for
158 an injunction for protection against stalking or cyberstalking.
159 4. The clerk of the court shall provide a petitioner with a
160 minimum of two certified copies of the order of injunction, one
161 of which is serviceable and will inform the petitioner of the
162 process for service and enforcement.
163 5. The clerk of court and appropriate staff in each county
164 shall receive training in the effective assistance of
165 petitioners as provided or approved by the Florida Association
166 of Court Clerks.
167 6. The clerk of the court in each county shall make
168 available informational brochures on stalking when such a
169 brochure is provided by the local certified violence center.
170 7. The clerk of the court in each county shall distribute a
171 statewide uniform informational brochure to petitioners at the
172 time of filing for an injunction for protection against stalking
173 or cyberstalking when such brochures become available. The
174 brochure must include information about the effect of giving the
175 court false information.
176 (3)(a) The sworn petition shall allege the existence of
177 such stalking or cyberstalking and shall include the specific
178 facts and circumstances for which relief is sought.
179 (b) The sworn petition shall be in substantially the
180 following form:
181
182 PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING
183
184 Before me, the undersigned authority, personally appeared
185 Petitioner....(Name)...., who has been sworn and says that
186 the following statements are true:
187
188 1. Petitioner resides at:....(address)....
189 (Petitioner may furnish the address to the court in a
190 separate confidential filing if, for safety reasons,
191 the petitioner requires the location of the current
192 residence to be confidential.)
193 2. Respondent resides at:....(last known address)....
194 3. Respondent’s last known place of employment:....(name
195 of business and address)....
196 4. Physical description of respondent:....
197 5. Race....
198 6. Sex....
199 7. Date of birth....
200 8. Height....
201 9. Weight....
202 10. Eye color....
203 11. Hair color....
204 12. Distinguishing marks or scars....
205 13. Aliases of respondent:....
206
207 (c) The petitioner shall describe any other cause of action
208 currently pending between the petitioner and respondent. The
209 petitioner shall also describe any previous attempt by the
210 petitioner to obtain an injunction for protection against
211 stalking or cyberstalking in this or any other circuit, and the
212 result of that attempt. (Case numbers should be included, if
213 available.)
214 (d) The petition must provide space for the petitioner to
215 specifically allege that he or she is a victim of stalking or
216 cyberstalking or has reasonable cause to believe he or she is in
217 imminent danger of becoming a victim of stalking or
218 cyberstalking because respondent has:
219
220 (Mark all sections that apply and describe in the spaces below
221 the incidents of stalking or cyberstalking or threats to stalk
222 or cyberstalk, specifying when and where they occurred,
223 including, but not limited to, locations such as a home, school,
224 or place of employment.)
225
226 .... Committed or threatened to commit stalking.
227 .... Previously threatened, harassed, stalked,
228 cyberstalked, or physically abused the petitioner.
229 .... Threatened to harm the petitioner or family members or
230 individuals closely associated with the petitioner.
231 .... Intentionally injured or killed a family pet.
232 .... Used, or has threatened to use, against the petitioner
233 any weapons such as guns or knives.
234 .... A criminal history involving violence or the threat of
235 violence (if known).
236 .... Another order of protection issued against him or her
237 previously or from another jurisdiction, if known.
238 .... Destroyed personal property, including, but not
239 limited to, telephones or other communication equipment,
240 clothing, or other items belonging to the petitioner.
241 .... Engaged in any other behavior or conduct that leads
242 the petitioner to have reasonable cause to believe that he or
243 she is in imminent danger of becoming a victim of stalking or
244 cyberstalking.
245 (e) The petitioner seeks an injunction: (Mark appropriate
246 section or sections.)
247 .... Immediately restraining the respondent from committing
248 any acts of stalking or cyberstalking.
249 .... Restraining the respondent from committing any acts of
250 stalking or cyberstalking.
251 .... Directing the respondent to participate in a
252 batterers’ intervention program or other treatment pursuant to
253 s. 39.901.
254 .... Providing any terms the court deems necessary for the
255 protection of a victim of stalking or cyberstalking, including
256 any injunctions or directives to law enforcement agencies.
257 (f) Every petition for an injunction against stalking or
258 cyberstalking must contain, directly above the signature line, a
259 statement in all capital letters and bold type not smaller than
260 the surrounding text, as follows:
261
262 I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
263 EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
264 THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
265 UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
266 SECTION 837.02, FLORIDA STATUTES.
267
268 ....(initials)....
269
270 (4) Upon the filing of the petition, the court shall set a
271 hearing to be held at the earliest possible time. The respondent
272 shall be personally served with a copy of the petition, notice
273 of hearing, and temporary injunction, if any, before the
274 hearing.
275 (5)(a) If it appears to the court that an immediate and
276 present danger of stalking or cyberstalking exists, the court
277 may grant a temporary injunction ex parte, pending a full
278 hearing, and may grant such relief as the court deems proper,
279 including an injunction restraining the respondent from
280 committing any act of stalking or cyberstalking.
281 (b) In a hearing ex parte for the purpose of obtaining such
282 ex parte temporary injunction, evidence other than verified
283 pleadings or affidavits may not be used as evidence, unless the
284 respondent appears at the hearing or has received reasonable
285 notice of the hearing. A denial of a petition for an ex parte
286 injunction shall be by written order noting the legal grounds
287 for denial. If the only ground for denial is no appearance of an
288 immediate and present danger of stalking or cyberstalking, the
289 court shall set a full hearing on the petition for injunction
290 with notice at the earliest possible time. This paragraph does
291 not affect a petitioner’s right to promptly amend any petition,
292 or otherwise be heard in person on any petition consistent with
293 the Florida Rules of Civil Procedure.
294 (c) Any such ex parte temporary injunction is effective for
295 a fixed period not to exceed 15 days. A full hearing, as
296 provided in this section, shall be set for a date no later than
297 the date when the temporary injunction ceases to be effective.
298 The court may grant a continuance of the hearing before or
299 during a hearing for good cause shown by any party, which shall
300 include a continuance to obtain service of process. An
301 injunction shall be extended if necessary to remain in full
302 force and effect during any period of continuance.
303 (6)(a) Upon notice and hearing, when it appears to the
304 court that the petitioner is the victim of stalking or
305 cyberstalking or has reasonable cause to believe that he or she
306 is in imminent danger of becoming a victim of stalking or
307 cyberstalking, the court may grant such relief as the court
308 deems proper, including an injunction:
309 1. Restraining the respondent from committing any act of
310 stalking or cyberstalking.
311 2. Ordering the respondent to participate in treatment,
312 intervention, or counseling services to be paid for by the
313 respondent.
314 3. Referring a petitioner to a certified domestic violence
315 center. The court must provide the petitioner with a list of
316 certified domestic violence centers in the circuit which the
317 petitioner may contact.
318 4. Ordering such other relief as the court deems necessary
319 for the protection of a victim of stalking or cyberstalking,
320 including injunctions or directives to law enforcement agencies,
321 as provided in this section.
322 (b) When determining whether a petitioner has reasonable
323 cause to believe that there is a credible threat that he or she
324 is in imminent danger of becoming a victim of stalking or
325 cyberstalking, the court shall consider and evaluate all
326 relevant factors alleged in the petition, including, but not
327 limited to:
328 1. The history between the petitioner and the respondent,
329 including threats, harassment, stalking or cyberstalking, and
330 physical abuse.
331 2. Whether the respondent has attempted to harm the
332 petitioner or family members or individuals closely associated
333 with the petitioner.
334 3. Whether the respondent has intentionally injured or
335 killed a family pet.
336 4. Whether the respondent has used, or has threatened to
337 use, against the petitioner any weapons such as guns or knives.
338 5. Whether the respondent has a criminal history involving
339 violence or the threat of violence.
340 6. The existence of a verifiable order of protection issued
341 previously or from another jurisdiction.
342 7. Whether the respondent has destroyed personal property,
343 including, but not limited to, telephones or other
344 communications equipment, clothing, or other items belonging to
345 the petitioner.
346 8. Whether the respondent engaged in any other behavior or
347 conduct that leads the petitioner to have reasonable cause to
348 believe that he or she is in imminent danger of becoming a
349 victim of stalking or cyberstalking.
350
351 In making its determination under this paragraph, the court is
352 not limited to those factors enumerated in subparagraphs 1.-8.
353 (c) The terms of an injunction restraining the respondent
354 under subparagraph (a)1. or ordering other relief for the
355 protection of the victim under subparagraph (a)4. shall remain
356 in effect until modified or dissolved. Either party may move at
357 any time to modify or dissolve the injunction. Specific
358 allegations are not required. Such relief may be granted in
359 addition to other civil or criminal remedies.
360 (d) A temporary or final judgment on injunction for
361 protection against stalking or cyberstalking entered pursuant to
362 this section shall, on its face, indicate that:
363 1. The injunction is valid and enforceable in all counties
364 of this state.
365 2. Law enforcement officers may use their arrest powers
366 pursuant to s. 901.15(6) to enforce the terms of the injunction.
367 3. The court has jurisdiction over the parties and matter
368 under the laws of this state and that reasonable notice and
369 opportunity to be heard was given to the person against whom the
370 order is sought sufficient to protect that person’s right to due
371 process.
372 4. The date that the respondent was served with the
373 temporary or final order, if obtainable.
374 (e) An injunction for protection against stalking or
375 cyberstalking entered pursuant to this section, on its face, may
376 order that the respondent attend a batterers’ intervention
377 program as a condition of the injunction.
378 (f) The fact that a separate order of protection is granted
379 to each opposing party is not legally sufficient to deny any
380 remedy to either party or to prove that the parties are equally
381 at fault or equally endangered.
382 (g) A final judgment on an injunction for protection
383 against stalking or cyberstalking entered pursuant to this
384 section must, on its face, indicate that it is a violation of s.
385 790.233 and a misdemeanor of the first degree for the respondent
386 to have in his or her care, custody, possession, or control any
387 firearm or ammunition.
388 (h) All proceedings under this subsection shall be
389 recorded. Recording may be by electronic means as provided by
390 the Rules of Judicial Administration.
391 (7) The court shall allow an advocate from a state
392 attorney’s office, a law enforcement agency, or a certified
393 violence center who is registered under s. 39.905 to be present
394 with the petitioner or respondent during any court proceedings
395 or hearings related to the injunction for protection if the
396 petitioner or respondent has made such a request and the
397 advocate is able to be present.
398 (8)(a)1. The clerk of the court shall furnish a copy of the
399 petition, notice of hearing, and temporary injunction, if any,
400 to the sheriff or a law enforcement agency of the county where
401 the respondent resides or can be found, who shall serve it upon
402 the respondent as soon thereafter as possible on any day of the
403 week and at any time of the day or night. When requested by the
404 sheriff, the clerk of the court may transmit a facsimile copy of
405 an injunction that has been certified by the clerk of the court,
406 and this facsimile copy may be served in the same manner as a
407 certified copy. Upon receiving a facsimile copy, the sheriff
408 must verify receipt with the sender before attempting to serve
409 it on the respondent. In addition, if the sheriff is in
410 possession of an injunction for protection which has been
411 certified by the clerk of the court, the sheriff may transmit a
412 facsimile copy of that injunction to a law enforcement officer
413 who shall serve it in the same manner as a certified copy. The
414 clerk of the court shall furnish to the sheriff such information
415 concerning the respondent’s physical description and location as
416 is required by the department to comply with the verification
417 procedures set forth in this section. Notwithstanding any other
418 law, the chief judge of each circuit, in consultation with the
419 appropriate sheriff, may authorize a law enforcement agency
420 within the jurisdiction to effect service. A law enforcement
421 agency serving injunctions pursuant to this section shall use
422 service and verification procedures consistent with those of the
423 sheriff.
424 2. If an injunction is issued and the petitioner requests
425 the assistance of a law enforcement agency, the court may order
426 that an officer from the appropriate law enforcement agency
427 accompany the petitioner to assist in the execution or service
428 of the injunction. A law enforcement officer shall accept a copy
429 of an injunction for protection against stalking, certified by
430 the clerk of the court, from the petitioner and immediately
431 serve it upon a respondent who has been located but not yet
432 served.
433 3. An order issued, changed, continued, extended, or
434 vacated subsequent to the original service of documents
435 enumerated under subparagraph 1. shall be certified by the clerk
436 of the court and delivered to the parties at the time of the
437 entry of the order. The parties may acknowledge receipt of such
438 order in writing on the face of the original order. If a party
439 fails or refuses to acknowledge the receipt of a certified copy
440 of an order, the clerk shall note on the original order that
441 service was effected. If delivery at the hearing is not
442 possible, the clerk shall mail certified copies of the order to
443 the parties at the last known address of each party. Service by
444 mail is complete upon mailing. When an order is served pursuant
445 to this subsection, the clerk shall prepare a written
446 certification to be placed in the court file specifying the
447 time, date, and method of service and shall notify the sheriff.
448 4. If the respondent has been served previously with a
449 temporary injunction and has failed to appear at the initial
450 hearing on the temporary injunction, any subsequent petition for
451 injunction seeking an extension of time may be served on the
452 respondent by the clerk of the court by certified mail in lieu
453 of personal service by a law enforcement officer.
454 (b)1. Within 24 hours after the court issues an injunction
455 for protection against stalking or cyberstalking or changes,
456 continues, extends, or vacates an injunction for protection
457 against stalking or cyberstalking, the clerk of the court must
458 forward a certified copy of the injunction for service to the
459 sheriff having jurisdiction over the residence of the
460 petitioner. The injunction must be served in accordance with
461 this subsection.
462 2. Within 24 hours after service of process of an
463 injunction for protection against stalking or cyberstalking upon
464 a respondent, the law enforcement officer must forward the
465 written proof of service of process to the sheriff having
466 jurisdiction over the residence of the petitioner.
467 3. Within 24 hours after the sheriff receives a certified
468 copy of the injunction for protection against stalking or
469 cyberstalking, the sheriff must make information relating to the
470 injunction available to other law enforcement agencies by
471 electronically transmitting such information to the Department
472 of Law Enforcement.
473 4. Within 24 hours after the sheriff or other law
474 enforcement officer has made service upon the respondent and the
475 sheriff has been so notified, the sheriff must make information
476 relating to the service available to other law enforcement
477 agencies by electronically transmitting such information to the
478 Department of Law Enforcement.
479 5. Within 24 hours after an injunction for protection
480 against stalking or cyberstalking is vacated, terminated, or
481 otherwise rendered no longer effective by ruling of the court,
482 the clerk of the court must notify the sheriff receiving
483 original notification of the injunction as provided in
484 subparagraph 2. That agency shall, within 24 hours after
485 receiving such notification from the clerk of the court, notify
486 the Department of Law Enforcement of such action of the court.
487 (9)(a) The court may enforce a violation of an injunction
488 for protection against stalking or cyberstalking through a civil
489 or criminal contempt proceeding, or the state attorney may
490 prosecute it as a criminal violation under s. 784.0487. The
491 court may enforce the respondent’s compliance with the
492 injunction through any appropriate civil and criminal remedies,
493 including, but not limited to, a monetary assessment or a fine.
494 The clerk of the court shall collect and receive such
495 assessments or fines. On a monthly basis, the clerk shall
496 transfer the moneys collected pursuant to this paragraph to the
497 State Treasury for deposit into the Domestic Violence Trust
498 Fund.
499 (b) If the respondent is arrested by a law enforcement
500 officer under s. 901.15(6) or for a violation of s. 741.31, the
501 respondent shall be held in custody until brought before the
502 court as expeditiously as possible for the purpose of enforcing
503 the injunction and for admittance to bail in accordance with
504 chapter 903 and the applicable rules of criminal procedure,
505 pending a hearing.
506 (10) The petitioner or the respondent may move the court to
507 modify or dissolve an injunction at any time.
508 Section 3. Section 784.0487, Florida Statutes, is created
509 to read:
510 784.0487 Violation of an injunction for protection against
511 stalking or cyberstalking.—
512 (1) If the injunction for protection against stalking or
513 cyberstalking has been violated and the respondent has not been
514 arrested, the petitioner may contact the clerk of the circuit
515 court of the county in which the violation is alleged to have
516 occurred. The clerk shall assist the petitioner in preparing an
517 affidavit in support of reporting the violation or directing the
518 petitioner to the office operated by the court that has been
519 designated by the chief judge of that circuit as the central
520 intake point for violations of injunctions for protection where
521 the petitioner can receive assistance in the preparation of the
522 affidavit in support of the violation.
523 (2) The affidavit shall be immediately forwarded by the
524 office assisting the petitioner to the state attorney of that
525 circuit and to such judge as the chief judge determines to be
526 the recipient of affidavits of violations of an injunction. If
527 the affidavit alleges that a crime has been committed, the
528 office assisting the petitioner shall also forward a copy of the
529 petitioner’s affidavit to the appropriate law enforcement agency
530 for investigation. No later than 20 days after receiving the
531 initial report, the local law enforcement agency shall complete
532 its investigation and forward a report to the state attorney.
533 The policy adopted by the state attorney in each circuit under
534 s. 741.2901(2) shall include a policy regarding intake of
535 alleged violations of injunctions for protection against
536 stalking or cyberstalking under this section. The intake shall
537 be supervised by a state attorney who has been designated and
538 assigned to handle stalking or cyberstalking cases. The state
539 attorney shall determine within 30 working days whether his or
540 her office will file criminal charges or prepare a motion for an
541 order to show cause as to why the respondent should not be held
542 in criminal contempt, or prepare both as alternative findings,
543 or file notice that the case remains under investigation or is
544 pending subject to some other action.
545 (3) If the court has knowledge that the petitioner or
546 another person is in immediate danger if the court does not act
547 before the decision of the state attorney to proceed, the court
548 shall immediately issue an order of appointment of the state
549 attorney to file a motion for an order to show cause as to why
550 the respondent should not be held in contempt. If the court does
551 not issue an order of appointment of the state attorney, it
552 shall immediately notify the state attorney that the court is
553 proceeding to enforce the violation through criminal contempt.
554 (4)(a) A person who willfully violates an injunction for
555 protection against stalking or cyberstalking issued pursuant to
556 s. 784.0485, or a foreign protection order accorded full faith
557 and credit pursuant to s. 741.315, by:
558 1. Going to, or being within 500 feet of, the petitioner’s
559 residence, school, place of employment, or a specified place
560 frequented regularly by the petitioner and any named family or
561 household member;
562 2. Committing an act of stalking or cyberstalking against
563 the petitioner;
564 3. Committing any other violation of the injunction through
565 an intentional unlawful threat, word, or act to do violence to
566 the petitioner;
567 4. Telephoning, contacting, or otherwise communicating with
568 the petitioner, directly or indirectly, unless the injunction
569 specifically allows indirect contact through a third party;
570 5. Knowingly and intentionally coming within 100 feet of
571 the petitioner’s motor vehicle, whether or not that vehicle is
572 occupied;
573 6. Defacing or destroying the petitioner’s personal
574 property, including the petitioner’s motor vehicle; or
575 7. Refusing to surrender firearms or ammunition if ordered
576 to do so by the court,
577
578 commits a misdemeanor of the first degree, punishable as
579 provided in s. 775.082 or s. 775.083.
580 (b)1. A respondent violates s. 790.233, and commits a
581 misdemeanor of the first degree, punishable as provided in s.
582 775.082 or s. 775.083, if he or she violates a temporary or
583 final injunction for protection against stalking or
584 cyberstalking by having in his or her care, custody, possession,
585 or control a firearm or ammunition.
586 2. It is the intent of the Legislature that the prohibition
587 regarding possession of a firearm or ammunition is consistent
588 with federal law. Accordingly, this paragraph does not apply to
589 a state or local officer, as defined in s. 943.10(14), who holds
590 an active certification and who receives or possesses a firearm
591 or ammunition for use in performing official duties on behalf of
592 the officer’s employing agency, unless otherwise prohibited by
593 the employing agency.
594 (5) A person who suffers an injury or loss as a result of a
595 violation of an injunction for protection against stalking or
596 cyberstalking may be awarded economic damages for that injury or
597 loss by the court issuing the injunction. Damages includes costs
598 and attorney fees for enforcement of the injunction.
599 Section 4. Paragraphs (f) and (g) of subsection (3) of
600 section 921.0022, Florida Statutes, are amended to read:
601 921.0022 Criminal Punishment Code; offense severity ranking
602 chart.—
603 (3) OFFENSE SEVERITY RANKING CHART
604 (f) LEVEL 6
605 FloridaStatute FelonyDegree Description
606 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
607 499.0051(3) 2nd Knowing forgery of pedigree papers.
608 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
609 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
610 775.0875(1) 3rd Taking firearm from law enforcement officer.
611 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
612 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
613 784.041 3rd Felony battery; domestic battery by strangulation.
614 784.048(3) 3rd Aggravated stalking; credible threat.
615 784.048(5) 1st 3rd Aggravated stalking of person under 16.
616 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
617 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
618 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
619 784.081(2) 2nd Aggravated assault on specified official or employee.
620 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
621 784.083(2) 2nd Aggravated assault on code inspector.
622 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
623 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
624 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
625 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
626 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
627 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
628 794.05(1) 2nd Unlawful sexual activity with specified minor.
629 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
630 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
631 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
632 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
633 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
634 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
635 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
636 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
637 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
638 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
639 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
640 825.102(1) 3rd Abuse of an elderly person or disabled adult.
641 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
642 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
643 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
644 827.03(1) 3rd Abuse of a child.
645 827.03(3)(c) 3rd Neglect of a child.
646 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
647 836.05 2nd Threats; extortion.
648 836.10 2nd Written threats to kill or do bodily injury.
649 843.12 3rd Aids or assists person to escape.
650 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
651 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
652 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
653 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
654 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
655 944.40 2nd Escapes.
656 944.46 3rd Harboring, concealing, aiding escaped prisoners.
657 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
658 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
659 (g) LEVEL 7
660 FloridaStatute FelonyDegree Description
661 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
662 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
663 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
664 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
665 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
666 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
667 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
668 456.065(2) 3rd Practicing a health care profession without a license.
669 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
670 458.327(1) 3rd Practicing medicine without a license.
671 459.013(1) 3rd Practicing osteopathic medicine without a license.
672 460.411(1) 3rd Practicing chiropractic medicine without a license.
673 461.012(1) 3rd Practicing podiatric medicine without a license.
674 462.17 3rd Practicing naturopathy without a license.
675 463.015(1) 3rd Practicing optometry without a license.
676 464.016(1) 3rd Practicing nursing without a license.
677 465.015(2) 3rd Practicing pharmacy without a license.
678 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
679 467.201 3rd Practicing midwifery without a license.
680 468.366 3rd Delivering respiratory care services without a license.
681 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
682 483.901(9) 3rd Practicing medical physics without a license.
683 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
684 484.053 3rd Dispensing hearing aids without a license.
685 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
686 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
687 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
688 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
689 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
690 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
691 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
692 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
693 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
694 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
695 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
696 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
697 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
698 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
699 784.048(4) 2nd3rd Aggravated stalking; violation of injunction or court order.
700 784.048(7) 2nd3rd Aggravated stalking; violation of court order.
701 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
702 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
703 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
704 784.081(1) 1st Aggravated battery on specified official or employee.
705 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
706 784.083(1) 1st Aggravated battery on code inspector.
707 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
708 790.16(1) 1st Discharge of a machine gun under specified circumstances.
709 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
710 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
711 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
712 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
713 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
714 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
715 796.03 2nd Procuring any person under 16 years for prostitution.
716 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
717 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
718 806.01(2) 2nd Maliciously damage structure by fire or explosive.
719 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
720 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
721 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
722 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
723 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
724 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
725 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
726 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
727 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
728 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
729 812.131(2)(a) 2nd Robbery by sudden snatching.
730 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
731 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
732 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
733 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
734 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
735 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
736 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
737 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
738 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
739 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
740 838.015 2nd Bribery.
741 838.016 2nd Unlawful compensation or reward for official behavior.
742 838.021(3)(a) 2nd Unlawful harm to a public servant.
743 838.22 2nd Bid tampering.
744 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
745 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
746 872.06 2nd Abuse of a dead human body.
747 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
748 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
749 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
750 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
751 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
752 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
753 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
754 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
755 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
756 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
757 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
758 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
759 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
760 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
761 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
762 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
763 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
764 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
765 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
766 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
767 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
768 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
769 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
770 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
771 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
772 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
773 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
774 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
775 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
776 Section 5. This act shall take effect October 1, 2012.
777
778 ================= T I T L E A M E N D M E N T ================
779 And the title is amended as follows:
780
781 Delete everything before the enacting clause
782 and insert:
783 A bill to be entitled
784 An act relating to stalking and aggravated stalking;
785 amending s. 784.048, F.S.; redefining the terms
786 “course of conduct” and “credible threat” and defining
787 the term “immediate family”; providing that a person
788 who makes a threat with the intent to place another
789 person in reasonable fear for his or her safety or the
790 safety of his or her immediate family commits the
791 offense of aggravated stalking under certain
792 circumstances; increasing the criminal penalties for
793 certain offenses of aggravated stalking; requiring
794 that the sentencing court consider issuing an
795 injunction that restrains a defendant from any contact
796 with the victim for up to 10 years; providing
797 legislative intent regarding the length of any such
798 restraining order; requiring that the court order the
799 defendant to attend a batterers’ intervention program
800 if the court finds the defendant guilty of stalking or
801 aggravated stalking; creating s. 784.0485, F.S.;
802 creating a civil cause of action for an injunction for
803 protection against stalking or cyberstalking;
804 providing that the victim of stalking or
805 cyberstalking, or one who has reasonable cause to
806 believe that he or she is in imminent danger of
807 becoming a victim of stalking or cyberstalking, has
808 standing in the circuit court to file a sworn petition
809 for an injunction for protection against stalking or
810 cyberstalking; prohibiting a court from issuing mutual
811 orders of protection, but authorizing the court to
812 issue a separate injunction for protection against
813 stalking or cyberstalking if each party has complied
814 with the provisions of law; providing for venue of the
815 cause of action; prohibiting the clerk of court from
816 assessing a filing fee; providing an exception;
817 providing that a petitioner is not required to post a
818 bond; requiring the clerks of court to assist
819 petitioners in filing petitions with the court;
820 requiring the clerk of the court in each county to
821 make available informational brochures; providing a
822 sample petition for an injunction for protection
823 against stalking or cyberstalking; authorizing the
824 court to grant a temporary injunction ex parte,
825 pending a full hearing, under certain circumstances;
826 authorizing the court to grant such relief as the
827 court deems necessary and proper; providing procedures
828 for an ex parte injunction hearing; setting forth the
829 relief the court may grant if it finds that the
830 petitioner is in imminent danger of becoming a victim
831 of stalking or cyberstalking; setting forth the
832 criteria the court must consider at the hearing;
833 requiring the court to allow an advocate from a state
834 attorney’s office, law enforcement agency, or
835 certified violence center to be present with the
836 petitioner or respondent during any court proceeding;
837 requiring the clerk of the court to furnish a copy of
838 the petition, notice of hearing, and temporary
839 injunction, if any, to the sheriff or a law
840 enforcement agency of the county where the respondent
841 resides or can be found, who shall serve it upon the
842 respondent as soon thereafter as possible on any day
843 of the week and at any time of the day or night;
844 authorizing the court to order a law enforcement
845 officer to accompany the petitioner; authorizing the
846 court to enforce a violation of an injunction for
847 protection against stalking or cyberstalking through a
848 civil or criminal contempt proceeding; authorizing a
849 state attorney to use criminal procedures for a
850 violation of an injunction for protection; creating s.
851 784.0487, F.S.; providing procedures to follow when
852 the respondent has violated the injunction for
853 protection; providing legislative intent; providing
854 criminal penalties; providing that a court may award a
855 person who suffers an injury or loss as a result of a
856 violation of an injunction for protection against
857 stalking or cyberstalking economic damages for that
858 injury or loss, including costs and attorney fees for
859 enforcement of the injunction; amending s. 921.0022,
860 F.S., relating to the offense severity ranking chart
861 of the Criminal Punishment Code; revising provisions
862 to conform to changes made by the act; providing an
863 effective date.