Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 654
Ì449906DÎ449906
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/15/2022 .
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The Committee on Rules (Cruz) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 53 - 393
4 and insert:
5 (8)(a)1. When the court issues an injunction for protection
6 against domestic violence, the clerk of the court shall furnish
7 a copy of the petition, financial affidavit, Uniform Child
8 Custody Jurisdiction and Enforcement Act affidavit, if any,
9 notice of hearing, and temporary injunction, if any, to the
10 sheriff or a law enforcement agency of the county where the
11 respondent resides or can be found, who shall serve it upon the
12 respondent as soon thereafter as possible on any day of the week
13 and at any time of the day or night. If the respondent resides
14 in the county in which the petition is filed, the clerk of the
15 court, with the consent of the sheriff, may electronically
16 transmit the documents to the sheriff. However, if the
17 respondent resides or can be found outside the county in which
18 the petition is filed, the clerk of the court must
19 electronically transmit a certified copy of such documents to
20 the sheriff where the respondent resides or can be found. An
21 electronically transmitted document When requested by the
22 sheriff, the clerk of the court may transmit a facsimile copy of
23 an injunction must be that has been certified by the clerk of
24 the court, and the electronic this facsimile copy must may be
25 served in the same manner as a certified copy. Upon receiving an
26 electronic a facsimile copy of the injunction, the sheriff must
27 verify receipt with the sender before attempting to serve it
28 upon the respondent. In addition, if the sheriff is in
29 possession of an injunction for protection that has been
30 certified by the clerk of the court, the sheriff may
31 electronically transmit a facsimile copy of that injunction to a
32 law enforcement officer who shall serve it in the same manner as
33 a certified copy. The clerk of the court is shall be responsible
34 for furnishing to the sheriff such information on the
35 respondent’s physical description and location as is required by
36 the department to comply with the verification procedures set
37 forth in this section. Notwithstanding any other provision of
38 law to the contrary, the chief judge of each circuit, in
39 consultation with the appropriate sheriff, may authorize a law
40 enforcement agency within the jurisdiction to effect service. A
41 law enforcement agency serving injunctions pursuant to this
42 section must shall use service and verification procedures
43 consistent with those of the sheriff.
44 2. When an injunction is issued, if the petitioner requests
45 the assistance of a law enforcement agency, the court may order
46 that an officer from the appropriate law enforcement agency
47 accompany the petitioner and assist in placing the petitioner in
48 possession of the dwelling or residence, or otherwise assist in
49 the execution or service of the injunction. A law enforcement
50 officer must shall accept a copy of an injunction for protection
51 against domestic violence, certified by the clerk of the court,
52 from the petitioner and immediately serve it upon a respondent
53 who has been located but not yet served.
54 3. All orders issued, changed, continued, extended, or
55 vacated subsequent to the original service of documents
56 enumerated under subparagraph 1. must, shall be certified by the
57 clerk of the court and delivered to the parties at the time of
58 the entry of the order. The parties may acknowledge receipt of
59 such order in writing on the face of the original order. In the
60 event a party fails or refuses to acknowledge the receipt of a
61 certified copy of an order, the clerk must shall note on the
62 original order that service was effected. If delivery at the
63 hearing is not possible, the clerk must shall mail certified
64 copies of the order to the parties at the last known address of
65 each party. Service by mail is complete upon mailing. When an
66 order is served pursuant to this subsection, the clerk shall
67 prepare a written certification to be placed in the court file
68 specifying the time, date, and method of service and shall
69 notify the sheriff.
70
71 If the respondent has been served previously with the temporary
72 injunction and has failed to appear at the initial hearing on
73 the temporary injunction, any subsequent petition for injunction
74 seeking an extension of time may be served on the respondent by
75 the clerk of the court by certified mail in lieu of personal
76 service by a law enforcement officer.
77 (b) There shall be created A Domestic and Repeat Violence
78 Injunction Statewide Verification System is created within the
79 Department of Law Enforcement. The department shall establish,
80 implement, and maintain a statewide communication system capable
81 of electronically transmitting information to and between
82 criminal justice agencies relating to domestic violence
83 injunctions and repeat violence injunctions issued by the courts
84 throughout this the state. Such information must include, but is
85 not limited to, information as to the existence and status of
86 any injunction for verification purposes.
87 (c)1. Within 24 hours after the court issues an injunction
88 for protection against domestic violence or changes, continues,
89 extends, or vacates an injunction for protection against
90 domestic violence, the clerk of the court must forward a
91 certified copy of the injunction for service to the sheriff with
92 jurisdiction over the residence of the petitioner. The
93 injunction must be served in accordance with this subsection.
94 2. Within 24 hours after service of process of an
95 injunction for protection against domestic violence upon a
96 respondent, the law enforcement officer must forward the written
97 proof of service of process to the sheriff with jurisdiction
98 over the residence of the petitioner. The sheriff having
99 jurisdiction over the residence of the petitioner may authorize
100 the law enforcement officer serving the injunction to
101 electronically transmit the proof of service.
102 3. Within 24 hours after the sheriff receives a certified
103 copy of the injunction for protection against domestic violence,
104 the sheriff must make information relating to the injunction
105 available to other law enforcement agencies by electronically
106 transmitting such information to the department.
107 4. Within 24 hours after the sheriff or other law
108 enforcement officer has made service upon the respondent and the
109 sheriff has been so notified, the sheriff must make information
110 relating to the service available to other law enforcement
111 agencies by electronically transmitting such information to the
112 department.
113 5. Subject to available funding, the Florida Association of
114 Court Clerks and Comptrollers shall develop an automated process
115 by which a petitioner may request notification of service of the
116 injunction for protection against domestic violence and other
117 court actions related to the injunction for protection. The
118 automated notice must shall be made within 12 hours after the
119 sheriff or other law enforcement officer serves the injunction
120 upon the respondent. The notification must include, at a
121 minimum, the date, time, and location where the injunction for
122 protection against domestic violence was served. The Florida
123 Association of Court Clerks and Comptrollers may apply for any
124 available grants to fund the development of the automated
125 process.
126 6. Within 24 hours after an injunction for protection
127 against domestic violence is vacated, terminated, or otherwise
128 rendered no longer effective by ruling of the court, the clerk
129 of the court must notify the sheriff receiving original
130 notification of the injunction as provided in subparagraph 2.
131 That agency shall, within 24 hours after receiving such
132 notification from the clerk of the court, notify the department
133 of such action of the court.
134 Section 2. Subsection (8) of section 784.046, Florida
135 Statutes, is amended to read:
136 784.046 Action by victim of repeat violence, sexual
137 violence, or dating violence for protective injunction; dating
138 violence investigations, notice to victims, and reporting;
139 pretrial release violations; public records exemption.—
140 (8)(a)1. When the court issues an injunction for protection
141 against repeat violence, sexual violence, or dating violence,
142 the clerk of the court shall furnish a copy of the petition,
143 notice of hearing, and temporary injunction, if any, to the
144 sheriff or a law enforcement agency of the county where the
145 respondent resides or can be found, who shall serve it upon the
146 respondent as soon thereafter as possible on any day of the week
147 and at any time of the day or night. If the respondent resides
148 in the county in which the petition is filed, the clerk of the
149 court, with the consent of the sheriff, may electronically
150 transmit the documents to the sheriff. However, if the
151 respondent resides or can be found outside the county in which
152 the petition is filed, the clerk of the court must
153 electronically transmit a certified copy of such documents to
154 the sheriff where the respondent resides or can be found. An
155 electronically transmitted document When requested by the
156 sheriff, the clerk of the court may transmit a facsimile copy of
157 an injunction that has been certified by the clerk of the court,
158 and this facsimile copy may be served in the same manner as a
159 certified copy. Upon receiving an electronic a facsimile copy of
160 the injunction, the sheriff must verify receipt with the sender
161 before attempting to serve it upon the respondent. In addition,
162 if the sheriff is in possession of an injunction for protection
163 that has been certified by the clerk of the court, the sheriff
164 may electronically transmit a facsimile copy of that injunction
165 to a law enforcement officer who shall serve it in the same
166 manner as a certified copy. The clerk of the court is shall be
167 responsible for furnishing to the sheriff such information on
168 the respondent’s physical description and location as is
169 required by the department to comply with the verification
170 procedures set forth in this section. Notwithstanding any other
171 provision of law to the contrary, the chief judge of each
172 circuit, in consultation with the appropriate sheriff, may
173 authorize a law enforcement agency within the chief judge’s
174 jurisdiction to effect this type of service and to receive a
175 portion of the service fee. A No person may not shall be
176 authorized or permitted to serve or execute an injunction issued
177 under this section unless the person is a law enforcement
178 officer as defined in chapter 943.
179 2. When an injunction is issued, if the petitioner requests
180 the assistance of a law enforcement agency, the court may order
181 that an officer from the appropriate law enforcement agency
182 accompany the petitioner and assist in the execution or service
183 of the injunction. A law enforcement officer must shall accept a
184 copy of an injunction for protection against repeat violence,
185 sexual violence, or dating violence, certified by the clerk of
186 the court, from the petitioner and immediately serve it upon a
187 respondent who has been located but not yet served.
188 (b) There shall be created A Domestic, Dating, Sexual, and
189 Repeat Violence Injunction Statewide Verification System is
190 created within the Department of Law Enforcement. The department
191 shall establish, implement, and maintain a statewide
192 communication system capable of electronically transmitting
193 information to and between criminal justice agencies relating to
194 domestic violence injunctions, dating violence injunctions,
195 sexual violence injunctions, and repeat violence injunctions
196 issued by the courts throughout this the state. Such information
197 must include, but is not limited to, information as to the
198 existence and status of any injunction for verification
199 purposes.
200 (c)1. Within 24 hours after the court issues an injunction
201 for protection against repeat violence, sexual violence, or
202 dating violence or changes or vacates an injunction for
203 protection against repeat violence, sexual violence, or dating
204 violence, the clerk of the court must forward a copy of the
205 injunction to the sheriff with jurisdiction over the residence
206 of the petitioner.
207 2. Within 24 hours after service of process of an
208 injunction for protection against repeat violence, sexual
209 violence, or dating violence upon a respondent, the law
210 enforcement officer must forward the written proof of service of
211 process to the sheriff with jurisdiction over the residence of
212 the petitioner. The sheriff having jurisdiction over the
213 residence of the petitioner may authorize the law enforcement
214 officer serving the injunction to electronically transmit the
215 proof of service.
216 3. Within 24 hours after the sheriff receives a certified
217 copy of the injunction for protection against repeat violence,
218 sexual violence, or dating violence, the sheriff must make
219 information relating to the injunction available to other law
220 enforcement agencies by electronically transmitting such
221 information to the department.
222 4. Within 24 hours after the sheriff or other law
223 enforcement officer has made service upon the respondent and the
224 sheriff has been so notified, the sheriff must make information
225 relating to the service available to other law enforcement
226 agencies by electronically transmitting such information to the
227 department.
228 5. Subject to available funding, the Florida Association of
229 Court Clerks and Comptrollers shall develop an automated process
230 by which a petitioner may request notification of service of the
231 injunction for protection against repeat violence, sexual
232 violence, or dating violence and other court actions related to
233 the injunction for protection. The automated notice must shall
234 be made within 12 hours after the sheriff or other law
235 enforcement officer serves the injunction upon the respondent.
236 The notification must include, at a minimum, the date, time, and
237 location where the injunction for protection against repeat
238 violence, sexual violence, or dating violence was served. The
239 Florida Association of Court Clerks and Comptrollers may apply
240 for any available grants to fund the development of the
241 automated process.
242 6. Within 24 hours after an injunction for protection
243 against repeat violence, sexual violence, or dating violence is
244 lifted, terminated, or otherwise rendered no longer effective by
245 ruling of the court, the clerk of the court must notify the
246 sheriff or local law enforcement agency receiving original
247 notification of the injunction as provided in subparagraph 2.
248 That agency shall, within 24 hours after receiving such
249 notification from the clerk of the court, notify the department
250 of such action of the court.
251 Section 3. Subsection (8) of section 784.0485, Florida
252 Statutes, is amended to read:
253 784.0485 Stalking; injunction; powers and duties of court
254 and clerk; petition; notice and hearing; temporary injunction;
255 issuance of injunction; statewide verification system;
256 enforcement.—
257 (8)(a)1. When the court issues an injunction for protection
258 against stalking, the clerk of the court shall furnish a copy of
259 the petition, notice of hearing, and temporary injunction, if
260 any, to the sheriff or a law enforcement agency of the county
261 where the respondent resides or can be found, who shall serve it
262 upon the respondent as soon thereafter as possible on any day of
263 the week and at any time of the day or night. If the respondent
264 resides in the county in which the petition is filed, the clerk
265 of the court, with the consent of the sheriff, may
266 electronically transmit the documents to the sheriff. However,
267 if the respondent resides or can be found outside the county in
268 which the petition is filed, the clerk of the court must
269 electronically transmit a certified copy of such documents to
270 the sheriff where the respondent resides or can be found. An
271 electronically transmitted document When requested by the
272 sheriff, the clerk of the court may transmit a facsimile copy of
273 an injunction that has been certified by the clerk of the court,
274 and this facsimile copy may be served in the same manner as a
275 certified copy. Upon receiving an electronic a facsimile copy of
276 the injunction, the sheriff must verify receipt with the sender
277 before attempting to serve it on the respondent. In addition, if
278 the sheriff is in possession of an injunction for protection
279 that has been certified by the clerk of the court, the sheriff
280 may electronically transmit a facsimile copy of that injunction
281 to a law enforcement officer who shall serve it in the same
282 manner as a certified copy. The clerk of the court shall furnish
283 to the sheriff such information concerning the respondent’s
284 physical description and location as is required by the
285 Department of Law Enforcement to comply with the verification
286 procedures set forth in this section. Notwithstanding any other
287 law, the chief judge of each circuit, in consultation with the
288 appropriate sheriff, may authorize a law enforcement agency
289 within the jurisdiction to effect service. A law enforcement
290 agency serving injunctions pursuant to this section must shall
291 use service and verification procedures consistent with those of
292 the sheriff.
293 2. If an injunction is issued and the petitioner requests
294 the assistance of a law enforcement agency, the court may order
295 that an officer from the appropriate law enforcement agency
296 accompany the petitioner to assist in the execution or service
297 of the injunction. A law enforcement officer must shall accept a
298 copy of an injunction for protection against stalking, certified
299 by the clerk of the court, from the petitioner and immediately
300 serve it upon a respondent who has been located but not yet
301 served.
302 3. An order issued, changed, continued, extended, or
303 vacated subsequent to the original service of documents
304 enumerated under subparagraph 1. must shall be certified by the
305 clerk of the court and delivered to the parties at the time of
306 the entry of the order. The parties may acknowledge receipt of
307 such order in writing on the face of the original order. If a
308 party fails or refuses to acknowledge the receipt of a certified
309 copy of an order, the clerk must shall note on the original
310 order that service was effected. If delivery at the hearing is
311 not possible, the clerk must shall mail certified copies of the
312 order to the parties at the last known address of each party.
313 Service by mail is complete upon mailing. When an order is
314 served pursuant to this subsection, the clerk shall prepare a
315 written certification to be placed in the court file specifying
316 the time, date, and method of service and shall notify the
317 sheriff.
318 4. If the respondent has been served previously with a
319 temporary injunction and has failed to appear at the initial
320 hearing on the temporary injunction, any subsequent petition for
321 injunction seeking an extension of time may be served on the
322 respondent by the clerk of the court by certified mail in lieu
323 of personal service by a law enforcement officer.
324 (b)1. Within 24 hours after the court issues an injunction
325 for protection against stalking or changes, continues, extends,
326 or vacates an injunction for protection against stalking, the
327 clerk of the court must forward a certified copy of the
328 injunction for service to the sheriff having jurisdiction over
329 the residence of the petitioner. The injunction must be served
330 in accordance with this subsection.
331 2. Within 24 hours after service of process of an
332 injunction for protection against stalking upon a respondent,
333 the law enforcement officer must forward the written proof of
334 service of process to the sheriff having jurisdiction over the
335 residence of the petitioner. The sheriff having jurisdiction
336 over the residence of the petitioner may authorize the law
337 enforcement officer serving the injunction to electronically
338 transmit the proof of service.
339 3. Within 24 hours after the sheriff receives a certified
340 copy of the injunction for protection against stalking, the
341 sheriff must make information relating to the injunction
342 available to other law enforcement agencies by electronically
343 transmitting such information to the Department of Law
344 Enforcement.
345 4. Within 24 hours after the sheriff or other law
346 enforcement officer has made service upon the respondent and the
347 sheriff has been so notified, the sheriff must make information
348 relating to the service available to other law enforcement
349 agencies by electronically transmitting such information to the
350 Department of Law Enforcement.
351 5. Within 24 hours after an injunction for protection
352 against stalking is vacated, terminated, or otherwise rendered
353 no longer effective by ruling of the court, the clerk of the
354 court must notify the sheriff receiving original notification of
355 the injunction as provided in subparagraph 2. That agency shall,
356 within 24 hours after receiving such notification from the clerk
357 of the court, notify the Department of Law Enforcement of such
358 action of the court.
359 Section 4. The Florida Sheriffs Association and the Florida
360 Association of Court Clerks and Comptrollers shall establish a
361 joint workgroup that includes clerks of the court and sheriffs
362 to discuss and coordinate new procedures specified within this
363 act. The workgroup shall begin convening immediately upon this
364 act becoming a law. This section shall take effect upon becoming
365 a law.
366 Section 5. Except as otherwise expressly provided in this
367 act and except for this section, which shall take effect upon
368 this act becoming a law, this act shall take effect January 1,
369 2023.
370
371 ================= T I T L E A M E N D M E N T ================
372 And the title is amended as follows:
373 Delete lines 3 - 29
374 and insert:
375 741.30, F.S.; deleting an obsolete date; authorizing
376 clerks of the court to electronically transmit certain
377 documents relating to an injunction for protection
378 against domestic violence under certain circumstances;
379 requiring the clerks of the court to electronically
380 transmit such documents under certain circumstances;
381 providing that electronically transmitted documents
382 may be served in the same manner as certified copies;
383 providing that sheriffs may authorize law enforcement
384 officers to electronically transmit proof of service
385 under certain circumstances; making conforming and
386 technical changes; amending ss. 784.046 and 784.0485,
387 F.S.; authorizing clerks of the court to
388 electronically transmit certain documents relating to
389 injunctions for protection against repeat violence,
390 sexual violence, or dating violence and against
391 stalking, respectively, under certain circumstances;
392 requiring them to electronically transmit such
393 documents under certain circumstances; providing that
394 sheriffs may authorize law enforcement officers to
395 electronically transmit proof of service under certain
396 circumstances; making conforming and technical
397 changes; requiring the Florida Sheriffs Association
398 and the Florida Association of Court Clerks and
399 Comptrollers to establish a joint workgroup for a
400 specified purpose; specifying the timeframe by which
401 the workgroup must convene; providing effective dates.