Florida Senate - 2021                                     SB 606
       By Senator Bean
       4-00322-21                                             2021606__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence; amending s.
    3         39.901, F.S.; revising legislative findings; amending
    4         s. 39.905, F.S.; adding nonresidential outreach
    5         services to the list of services certified domestic
    6         violence centers must provide; revising requirements
    7         for receipt of state funds; authorizing certified
    8         domestic violence centers to carry forward unexpended
    9         state funds in a specified amount from one fiscal year
   10         to the next during the contract period; providing
   11         limitations on and reporting requirements for the use
   12         of such funds; requiring centers to return to the
   13         department any remaining unexpended funds at the end
   14         of the contract period; authorizing certain centers to
   15         carry forward unexpended funds through contract
   16         renewals; amending s. 741.32, F.S.; revising
   17         legislative findings; amending s. 741.325, F.S.;
   18         revising the program content requirements for
   19         batterers’ intervention programs; reviving,
   20         reenacting, and amending s. 741.327, F.S., relating to
   21         the certification and monitoring of batterers’
   22         intervention programs; requiring the Department of
   23         Children and Families to certify and monitor
   24         batterers’ intervention programs; requiring the
   25         department to adopt certain rules; amending s. 741.30,
   26         F.S.; conforming a provision to changes made by the
   27         act; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 39.901, Florida Statutes, is amended to
   32  read:
   33         (Substantial rewording of section. See s. 39.901,
   34         F.S., for present text.)
   35         39.901 Domestic violence centers; legislative findings;
   36  requirements.—
   37         (1)The Legislature recognizes that the perpetration of
   38  violence by persons against their intimate partners, spouses,
   39  ex-spouses, or those with whom they share a child in common
   40  poses a significant public health threat that has adverse
   41  physical, emotional, and financial impacts on families and
   42  communities in this state. The Legislature further finds that it
   43  is critical that victims of domestic violence and their
   44  dependents have access to safe emergency shelter, advocacy, and
   45  crisis intervention services to assist them with the resources
   46  necessary to be safe and live free of violence.
   47         (2)To ensure statewide consistency in the provision of
   48  confidential, comprehensive, and effective services to victims
   49  of domestic violence and their families, the Department of
   50  Children and Families shall certify and monitor domestic
   51  violence centers. The department and certified domestic violence
   52  centers shall serve as partners and together provide a
   53  coordinated response to address victim safety, hold batterers
   54  accountable, and prevent future violence in this state.
   55         Section 2. Paragraph (c) of subsection (1) and paragraph
   56  (b) of subsection (6) of section 39.905, Florida Statutes, are
   57  amended, and subsection (8) is added to that section, to read:
   58         39.905 Domestic violence centers.—
   59         (1) Domestic violence centers certified under this part
   60  must:
   61         (c) Provide minimum services that include, but are not
   62  limited to, information and referral services, counseling and
   63  case management services, temporary emergency shelter for more
   64  than 24 hours, a 24-hour hotline, nonresidential outreach
   65  services, training for law enforcement personnel, assessment and
   66  appropriate referral of resident children, and educational
   67  services for community awareness relative to the incidence of
   68  domestic violence, the prevention of such violence, and the
   69  services available for persons engaged in or subject to domestic
   70  violence. If a 24-hour hotline, professional training, or
   71  community education is already provided by a certified domestic
   72  violence center within its designated service area, the
   73  department may exempt such certification requirements for a new
   74  center serving the same service area in order to avoid
   75  duplication of services.
   76         (6) In order to receive state funds, a center must:
   77         (b) Obtain public or private Receive at least 25 percent of
   78  its funding from one or more local, municipal, or county
   79  sources, public or private in an amount that equals at least 25
   80  percent of the amount of funding the center receives from the
   81  Domestic Violence Trust Fund established in s. 741.01.
   82  Contributions in kind, whether materials, commodities,
   83  transportation, office space, other types of facilities, or
   84  personal services, may be evaluated and counted as part of the
   85  required local funding.
   86         (8)A certified domestic violence center may carry forward
   87  from one fiscal year to the next during the contract period
   88  documented unexpended state funds in a cumulative amount that
   89  does not exceed 8 percent of its total contract with the
   90  department.
   91         (a)The funds carried forward may not be used in a manner
   92  that would increase future recurring obligations or for any
   93  program or service that is not authorized by the existing
   94  contract.
   95         (b)Expenditures of funds carried forward must be
   96  separately reported to the department.
   97         (c)Any unexpended funds that remain at the end of the
   98  contract period must be returned to the department.
   99         (d)Funds carried forward under this subsection may be
  100  retained through any contract renewals as long as the same
  101  certified domestic violence center is retained by the
  102  department.
  103         Section 3. Section 741.32, Florida Statutes, is amended to
  104  read:
  105         741.32 Batterers’ intervention programs.—The Legislature
  106  finds that the incidence of domestic violence in this state is
  107  disturbingly high and that, despite the efforts of many to curb
  108  this violence, one person dies at the hands of a spouse, ex
  109  spouse, or cohabitant approximately every 3 days. Further, a
  110  child who witnesses the perpetration of this violence becomes a
  111  victim as he or she hears or sees it occurring. This child is at
  112  high risk of also being the victim of physical abuse by the
  113  parent who is perpetrating the violence and, to a lesser extent,
  114  by the parent who is the victim. These children are also at a
  115  high risk of perpetrating violent crimes as juveniles and,
  116  later, becoming perpetrators of the same violence that they
  117  witnessed as children. The Legislature finds that there should
  118  be standardized programming available to the justice system to
  119  protect victims and their children and to hold the perpetrators
  120  of domestic violence accountable for their acts. To ensure
  121  statewide consistency in such programming, the Department of
  122  Children and Families shall certify and monitor batterers’
  123  intervention programs to be used by the justice system. Finally,
  124  the Legislature recognizes that in order for batterers’
  125  intervention programs to be successful in protecting victims and
  126  their children, all participants in the justice system as well
  127  as social service agencies and local and state governments must
  128  coordinate their efforts at the community level.
  129         Section 4. Paragraph (d) of subsection (1) of section
  130  741.325, Florida Statutes, is amended to read:
  131         741.325 Requirements for batterers’ intervention programs.—
  132         (1) A batterers’ intervention program must meet the
  133  following requirements:
  134         (d) The program content shall be based on a cognitive
  135  behavioral therapy model or psychoeducational model that
  136  addresses tactics of power and control by one person over
  137  another.
  138         Section 5. Notwithstanding the repeal of section 741.327,
  139  Florida Statutes, in section 14 of chapter 2012-147, Laws of
  140  Florida, that section is revived, reenacted, and amended to
  141  read:
  142         741.327 Certification and monitoring of batterers’
  143  intervention programs; rules fees.—
  144         (1) Pursuant to s. 741.32, the Department of Children and
  145  Families shall Family Services is authorized to certify and
  146  monitor batterers’ intervention programs assess and collect:
  147         (a)An annual certification fee not to exceed $300 for the
  148  certification and monitoring of batterers’ intervention
  149  programs.
  150         (b)An annual certification fee not to exceed $200 for the
  151  certification and monitoring of assessment personnel providing
  152  direct services to persons who:
  153         1.Are ordered by the court to participate in a domestic
  154  violence prevention program;
  155         2.Are adjudged to have committed an act of domestic
  156  violence as defined in s. 741.28;
  157         3.Have an injunction entered for protection against
  158  domestic violence; or
  159         4.Agree to attend a program as part of a diversion or
  160  pretrial intervention agreement by the offender with the state
  161  attorney.
  162         (2) The department shall adopt by rule procedures to
  163  administer this section, including, but not limited to,
  164  procedures related to the development of criteria for the
  165  approval, suspension, or rejection of certification of
  166  batterers’ intervention programs All persons required by the
  167  court to attend domestic violence programs certified by the
  168  Department of Children and Family Services’ Office for
  169  Certification and Monitoring of Batterers’ Intervention Programs
  170  shall pay an additional $30 fee for each 29-week program to the
  171  Department of Children and Family Services.
  172         (3)The fees assessed and collected under this section
  173  shall be deposited in the Executive Office of the Governor’s
  174  Domestic Violence Trust Fund established in s. 741.01 and
  175  directed to the Department of Children and Family Services to
  176  fund the cost of certifying and monitoring batterers’
  177  intervention programs.
  178         Section 6. Subsection (3) of section 741.30, Florida
  179  Statutes, is amended to read:
  180         741.30 Domestic violence; injunction; powers and duties of
  181  court and clerk; petition; notice and hearing; temporary
  182  injunction; issuance of injunction; statewide verification
  183  system; enforcement; public records exemption.—
  184         (3)(a) The sworn petition must shall allege the existence
  185  of such domestic violence and must shall include the specific
  186  facts and circumstances upon the basis of which relief is
  187  sought.
  188         (b) The sworn petition shall be in substantially the
  189  following form:
  191                            PETITION FOR                           
  192                      INJUNCTION FOR PROTECTION                    
  193                      AGAINST DOMESTIC VIOLENCE                    
  195  Before me, the undersigned authority, personally appeared
  196  Petitioner ...(Name)..., who has been sworn and says that the
  197  following statements are true:
  198         (a) Petitioner resides at: ...(address)...
  199         (Petitioner may furnish address to the court in a separate
  200  confidential filing if, for safety reasons, the petitioner
  201  requires the location of the current residence to be
  202  confidential.)
  203         (b) Respondent resides at: ...(last known address)...
  204         (c) Respondent’s last known place of employment: ...(name
  205  of business and address)...
  206         (d) Physical description of respondent:....
  207         Race....
  208         Sex....
  209         Date of birth....
  210         Height....
  211         Weight....
  212         Eye color....
  213         Hair color....
  214         Distinguishing marks or scars....
  215         (e) Aliases of respondent:....
  216         (f) Respondent is the spouse or former spouse of the
  217  petitioner or is any other person related by blood or marriage
  218  to the petitioner or is any other person who is or was residing
  219  within a single dwelling unit with the petitioner, as if a
  220  family, or is a person with whom the petitioner has a child in
  221  common, regardless of whether the petitioner and respondent are
  222  or were married or residing together, as if a family.
  223         (g) The following describes any other cause of action
  224  currently pending between the petitioner and respondent:
  226         The petitioner should also describe any previous or pending
  227  attempts by the petitioner to obtain an injunction for
  228  protection against domestic violence in this or any other
  229  circuit, and the results of that attempt:
  231  Case numbers should be included if available.
  232         (h) Petitioner is either a victim of domestic violence or
  233  has reasonable cause to believe he or she is in imminent danger
  234  of becoming a victim of domestic violence because respondent
  235  has: (mark all sections that apply and describe in the spaces
  236  below the incidents of violence or threats of violence,
  237  specifying when and where they occurred, including, but not
  238  limited to, locations such as a home, school, place of
  239  employment, or visitation exchange)
  241         ....committed or threatened to commit domestic violence
  242  defined in s. 741.28, Florida Statutes, as any assault,
  243  aggravated assault, battery, aggravated battery, sexual assault,
  244  sexual battery, stalking, aggravated stalking, kidnapping, false
  245  imprisonment, or any criminal offense resulting in physical
  246  injury or death of one family or household member by another.
  247  With the exception of persons who are parents of a child in
  248  common, the family or household members must be currently
  249  residing or have in the past resided together in the same single
  250  dwelling unit.
  251         ....previously threatened, harassed, stalked, or physically
  252  abused the petitioner.
  253         ....attempted to harm the petitioner or family members or
  254  individuals closely associated with the petitioner.
  255         ....threatened to conceal, kidnap, or harm the petitioner’s
  256  child or children.
  257         ....intentionally injured or killed a family pet.
  258         ....used, or has threatened to use, against the petitioner
  259  any weapons such as guns or knives.
  260         ....physically restrained the petitioner from leaving the
  261  home or calling law enforcement.
  262         ....a criminal history involving violence or the threat of
  263  violence (if known).
  264         ....another order of protection issued against him or her
  265  previously or from another jurisdiction (if known).
  266         ....destroyed personal property, including, but not limited
  267  to, telephones or other communication equipment, clothing, or
  268  other items belonging to the petitioner.
  269         ....engaged in any other behavior or conduct that leads the
  270  petitioner to have reasonable cause to believe he or she is in
  271  imminent danger of becoming a victim of domestic violence.
  272         (i) Petitioner alleges the following additional specific
  273  facts: (mark appropriate sections)
  274         ....A minor child or minor children reside with the
  275  petitioner whose names and ages are as follows:
  277         ....Petitioner needs the exclusive use and possession of
  278  the dwelling that the parties share.
  279         ....Petitioner is unable to obtain safe alternative housing
  280  because:
  281         ....Petitioner genuinely fears that respondent imminently
  282  will abuse, remove, or hide the minor child or children from
  283  petitioner because:
  285         (j) Petitioner genuinely fears imminent domestic violence
  286  by respondent.
  287         (k) Petitioner seeks an injunction: (mark appropriate
  288  section or sections)
  289         ....Immediately restraining the respondent from committing
  290  any acts of domestic violence.
  291         ....Restraining the respondent from committing any acts of
  292  domestic violence.
  293         ....Awarding to the petitioner the temporary exclusive use
  294  and possession of the dwelling that the parties share or
  295  excluding the respondent from the residence of the petitioner.
  296         ....Providing a temporary parenting plan, including a
  297  temporary time-sharing schedule, with regard to the minor child
  298  or children of the parties which might involve prohibiting or
  299  limiting time-sharing or requiring that it be supervised by a
  300  third party.
  301         ....Establishing temporary support for the minor child or
  302  children or the petitioner.
  303         ....Directing the respondent to participate in a batterers’
  304  intervention program or other treatment pursuant to s. 39.901,
  305  Florida Statutes.
  306         ....Providing any terms the court deems necessary for the
  307  protection of a victim of domestic violence, or any minor
  308  children of the victim, including any injunctions or directives
  309  to law enforcement agencies.
  310         (c) 
  311         Every petition for an injunction against domestic violence
  312  must shall contain, directly above the signature line, a
  313  statement in all capital letters and bold type not smaller than
  314  the surrounding text, as follows:
  320         SECTION 837.02, FLORIDA STATUTES.
  321  ...(initials)...
  322         (d) If the sworn petition seeks to determine a parenting
  323  plan and time-sharing schedule with regard to the minor child or
  324  children of the parties, the sworn petition must shall be
  325  accompanied by or must shall incorporate the allegations
  326  required by s. 61.522 of the Uniform Child Custody Jurisdiction
  327  and Enforcement Act.
  328         Section 7. This act shall take effect July 1, 2021.