Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 920
       
       
       
       
       
       
                                Ì503996XÎ503996                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/20/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       following:
       
    1         Senate Amendment to Amendment (863916) 
    2  
    3         Delete lines 5 - 67
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (5) of section
    6  741.30, Florida Statutes, is amended, and paragraph (d) is added
    7  to that subsection, to read:
    8         741.30 Domestic violence; injunction; powers and duties of
    9  court and clerk; petition; notice and hearing; temporary
   10  injunction; issuance of injunction; statewide verification
   11  system; enforcement; public records exemption.—
   12         (5)
   13         (c) Any such ex parte temporary injunction is shall be
   14  effective for a fixed period not to exceed 15 days unless after
   15  a full hearing, a final injunction is issued on the same case.
   16  In that instance, the temporary injunction remains in full force
   17  and effect until the final injunction is served upon the
   18  respondent.
   19         (d) A full hearing, as provided by this section, shall be
   20  set for a date no later than the date when the ex parte
   21  temporary injunction ceases to be effective. The court may grant
   22  a continuance of the hearing before or during a hearing for good
   23  cause shown by any party. The need to obtain service of process
   24  constitutes good cause. A temporary, which shall include a
   25  continuance to obtain service of process. Any injunction that is
   26  already served must shall be extended, if necessary, so that it
   27  remains to remain in full force and effect during any period of
   28  continuance.
   29         Section 2. Paragraph (c) of subsection (6) of section
   30  784.046, Florida Statutes, is amended, and paragraph (d) is
   31  added to that subsection, to read:
   32         784.046 Action by victim of repeat violence, sexual
   33  violence, or dating violence for protective injunction; dating
   34  violence investigations, notice to victims, and reporting;
   35  pretrial release violations; public records exemption.—
   36         (6)
   37         (c) Any such ex parte temporary injunction is shall be
   38  effective for a fixed period not to exceed 15 days, and.
   39  However, an ex parte temporary injunction granted under
   40  subparagraph (2)(c)2. is effective for 15 days following the
   41  date the respondent is released from incarceration unless after
   42  a full hearing, a final injunction is issued on the same case.
   43  In that instance, the temporary injunction remains in full force
   44  and effect until the final injunction is served upon the
   45  respondent.
   46         (d) A full hearing, as provided by this section, shall be
   47  set for a date no later than the date when the ex parte
   48  temporary injunction ceases to be effective. The court may grant
   49  a continuance of the ex parte injunction and the full hearing
   50  before or during the a hearing, for good cause shown by any
   51  party. The need to obtain service of process constitutes good
   52  cause. A temporary injunction that is already served must be
   53  extended, if necessary, so that it remains in full force and
   54  effect during any period of continuance.
   55         Section 3. Paragraph (c) of subsection (5) of section
   56  784.0485, Florida Statutes, is amended, and paragraph (d) is
   57  added to that subsection, to read:
   58         784.0485 Stalking; injunction; powers and duties of court
   59  and clerk; petition; notice and hearing; temporary injunction;
   60  issuance of injunction; statewide verification system;
   61  enforcement.—
   62         (5)
   63         (c) Any such ex parte temporary injunction is effective for
   64  a fixed period not to exceed 15 days unless after a full
   65  hearing, a final injunction is issued on the same case. In that
   66  instance, the temporary injunction remains in full force and
   67  effect until the final injunction is served upon the respondent.
   68         (d) A full hearing, as provided in this section, shall be
   69  set for a date no later than the date when the ex parte
   70  temporary injunction ceases to be effective. The court may grant
   71  a continuance of the hearing before or during the a hearing for
   72  good cause shown by any party. The need to obtain service of
   73  process constitutes good cause. A temporary, which shall include
   74  a continuance to obtain service of process. An injunction that
   75  is already served must shall be extended, if necessary, so that
   76  it remains to remain in full force and effect during any period
   77  of continuance.