Florida Senate - 2016 SB 380
By Senator Abruzzo
25-00301A-16 2016380__
1 A bill to be entitled
2 An act relating to violation of an injunction for
3 protection; amending ss. 741.31, 784.047, and
4 784.0487, F.S.; providing enhanced criminal penalties
5 for a third or subsequent violation of an injunction
6 for protection against specified acts of violence or a
7 foreign protection order issued under specified
8 provisions; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (4) of section 741.31, Florida
13 Statutes, is amended to read:
14 741.31 Violation of an injunction for protection against
15 domestic violence.—
16 (4)(a) A person who willfully violates an injunction for
17 protection against domestic violence issued pursuant to s.
18 741.30, or a foreign protection order accorded full faith and
19 credit pursuant to s. 741.315, by:
20 1. Refusing to vacate the dwelling that the parties share;
21 2. Going to, or being within 500 feet of, the petitioner’s
22 residence, school, place of employment, or a specified place
23 frequented regularly by the petitioner and any named family or
24 household member;
25 3. Committing an act of domestic violence against the
26 petitioner;
27 4. Committing any other violation of the injunction through
28 an intentional unlawful threat, word, or act to do violence to
29 the petitioner;
30 5. Telephoning, contacting, or otherwise communicating with
31 the petitioner directly or indirectly, unless the injunction
32 specifically allows indirect contact through a third party;
33 6. Knowingly and intentionally coming within 100 feet of
34 the petitioner’s motor vehicle, whether or not that vehicle is
35 occupied;
36 7. Defacing or destroying the petitioner’s personal
37 property, including the petitioner’s motor vehicle; or
38 8. Refusing to surrender firearms or ammunition if ordered
39 to do so by the court
40
41 commits a misdemeanor of the first degree, punishable as
42 provided in s. 775.082 or s. 775.083, except as provided in
43 paragraph (c).
44 (b)1. It is a violation of s. 790.233, and a misdemeanor of
45 the first degree, punishable as provided in s. 775.082 or s.
46 775.083, for a person to violate a final injunction for
47 protection against domestic violence by having in his or her
48 care, custody, possession, or control any firearm or ammunition.
49 2. It is the intent of the Legislature that the
50 disabilities regarding possession of firearms and ammunition are
51 consistent with federal law. Accordingly, this paragraph shall
52 not apply to a state or local officer as defined in s.
53 943.10(14), holding an active certification, who receives or
54 possesses a firearm or ammunition for use in performing official
55 duties on behalf of the officer’s employing agency, unless
56 otherwise prohibited by the employing agency.
57 (c) A person who has two or more prior convictions for
58 violation of an injunction and who commits any third or
59 subsequent violation commits a felony of the third degree,
60 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
61 For purposes of this paragraph, the term “conviction” means a
62 determination of guilt that is the result of a plea or a trial,
63 regardless of whether adjudication is withheld or a plea of nolo
64 contendere is entered.
65 Section 2. Section 784.047, Florida Statutes, is amended to
66 read:
67 784.047 Penalties for violating protective injunction
68 against violators.—
69 (1) A person who willfully violates an injunction for
70 protection against repeat violence, sexual violence, or dating
71 violence, issued pursuant to s. 784.046, or a foreign protection
72 order accorded full faith and credit pursuant to s. 741.315 by:
73 (a)(1) Refusing to vacate the dwelling that the parties
74 share;
75 (b)(2) Going to, or being within 500 feet of, the
76 petitioner’s residence, school, place of employment, or a
77 specified place frequented regularly by the petitioner and any
78 named family or household member;
79 (c)(3) Committing an act of repeat violence, sexual
80 violence, or dating violence against the petitioner;
81 (d)(4) Committing any other violation of the injunction
82 through an intentional unlawful threat, word, or act to do
83 violence to the petitioner;
84 (e)(5) Telephoning, contacting, or otherwise communicating
85 with the petitioner directly or indirectly, unless the
86 injunction specifically allows indirect contact through a third
87 party;
88 (f)(6) Knowingly and intentionally coming within 100 feet
89 of the petitioner’s motor vehicle, whether or not that vehicle
90 is occupied;
91 (g)(7) Defacing or destroying the petitioner’s personal
92 property, including the petitioner’s motor vehicle; or
93 (h)(8) Refusing to surrender firearms or ammunition if
94 ordered to do so by the court,
95
96 commits a misdemeanor of the first degree, punishable as
97 provided in s. 775.082 or s. 775.083, except as provided in
98 subsection (2).
99 (2) A person who has two or more prior convictions for
100 violation of an injunction and who commits any third or
101 subsequent violation commits a felony of the third degree,
102 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
103 For purposes of this subsection, the term “conviction” means a
104 determination of guilt that is the result of a plea or a trial,
105 regardless of whether adjudication is withheld or a plea of nolo
106 contendere is entered.
107 Section 3. Subsection (4) of section 784.0487, Florida
108 Statutes, is amended to read:
109 784.0487 Violation of an injunction for protection against
110 stalking or cyberstalking.—
111 (4)(a) A person who willfully violates an injunction for
112 protection against stalking or cyberstalking issued pursuant to
113 s. 784.0485, or a foreign protection order accorded full faith
114 and credit pursuant to s. 741.315, by:
115 1.(a) Going to, or being within 500 feet of, the
116 petitioner’s residence, school, place of employment, or a
117 specified place frequented regularly by the petitioner and any
118 named family members or individuals closely associated with the
119 petitioner;
120 2.(b) Committing an act of stalking against the petitioner;
121 3.(c) Committing any other violation of the injunction
122 through an intentional unlawful threat, word, or act to do
123 violence to the petitioner;
124 4.(d) Telephoning, contacting, or otherwise communicating
125 with the petitioner, directly or indirectly, unless the
126 injunction specifically allows indirect contact through a third
127 party;
128 5.(e) Knowingly and intentionally coming within 100 feet of
129 the petitioner’s motor vehicle, whether or not that vehicle is
130 occupied;
131 6.(f) Defacing or destroying the petitioner’s personal
132 property, including the petitioner’s motor vehicle; or
133 7.(g) Refusing to surrender firearms or ammunition if
134 ordered to do so by the court,
135
136 commits a misdemeanor of the first degree, punishable as
137 provided in s. 775.082 or s. 775.083, except as provided in
138 paragraph (b).
139 (b) A person who has two or more prior convictions for
140 violation of an injunction and who commits any third or
141 subsequent violation commits a felony of the third degree,
142 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
143 For purposes of this paragraph, the term “conviction” means a
144 determination of guilt that is the result of a plea or a trial,
145 regardless of whether adjudication is withheld or a plea of nolo
146 contendere is entered.
147 Section 4. This act shall take effect October 1, 2016.