Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 654
Ì913776LÎ913776
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
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. The clerk of the court shall furnish a copy of the
6 petition, financial affidavit, Uniform Child Custody
7 Jurisdiction and Enforcement Act affidavit, if any, notice of
8 hearing, and temporary injunction, if any, to the sheriff or a
9 law enforcement agency of the county where the respondent
10 resides or can be found, who shall serve it upon the respondent
11 as soon thereafter as possible on any day of the week and at any
12 time of the day or night. If the respondent resides in the
13 county in which the petition is filed, the clerk of the court,
14 with the consent of the sheriff, may electronically transmit the
15 documents to the sheriff. However, if the respondent resides or
16 can be found outside the county in which the petition is filed,
17 the clerk of the court must electronically transmit a certified
18 copy of such documents to the sheriff where the respondent
19 resides or can be found. An electronically transmitted document
20 When requested by the sheriff, the clerk of the court may
21 transmit a facsimile copy of an injunction must be that has been
22 certified by the clerk of the court, and the electronic this
23 facsimile copy must may be served in the same manner as a
24 certified copy. Upon receiving an electronic a facsimile copy of
25 the injunction, the sheriff must verify receipt with the sender
26 before attempting to serve it upon the respondent. In addition,
27 if the sheriff is in possession of an injunction for protection
28 that has been certified by the clerk of the court, the sheriff
29 may electronically transmit a facsimile copy of that injunction
30 to a law enforcement officer who shall serve it in the same
31 manner as a certified copy. The clerk of the court is shall be
32 responsible for furnishing to the sheriff such information on
33 the respondent’s physical description and location as is
34 required by the department to comply with the verification
35 procedures set forth in this section. Notwithstanding any other
36 provision of law to the contrary, the chief judge of each
37 circuit, in consultation with the appropriate sheriff, may
38 authorize a law enforcement agency within the jurisdiction to
39 effect service. A law enforcement agency serving injunctions
40 pursuant to this section must shall use service and verification
41 procedures consistent with those of the sheriff.
42 2. When an injunction is issued, if the petitioner requests
43 the assistance of a law enforcement agency, the court may order
44 that an officer from the appropriate law enforcement agency
45 accompany the petitioner and assist in placing the petitioner in
46 possession of the dwelling or residence, or otherwise assist in
47 the execution or service of the injunction. A law enforcement
48 officer must shall accept a copy of an injunction for protection
49 against domestic violence, certified by the clerk of the court,
50 from the petitioner and immediately serve it upon a respondent
51 who has been located but not yet served.
52 3. All orders issued, changed, continued, extended, or
53 vacated subsequent to the original service of documents
54 enumerated under subparagraph 1. must, shall be certified by the
55 clerk of the court and delivered to the parties at the time of
56 the entry of the order. The parties may acknowledge receipt of
57 such order in writing on the face of the original order. In the
58 event a party fails or refuses to acknowledge the receipt of a
59 certified copy of an order, the clerk must shall note on the
60 original order that service was effected. If delivery at the
61 hearing is not possible, the clerk must shall mail certified
62 copies of the order to the parties at the last known address of
63 each party. Service by mail is complete upon mailing. When an
64 order is served pursuant to this subsection, the clerk shall
65 prepare a written certification to be placed in the court file
66 specifying the time, date, and method of service and shall
67 notify the sheriff.
68
69 If the respondent has been served previously with the temporary
70 injunction and has failed to appear at the initial hearing on
71 the temporary injunction, any subsequent petition for injunction
72 seeking an extension of time may be served on the respondent by
73 the clerk of the court by certified mail in lieu of personal
74 service by a law enforcement officer.
75 (b) There shall be created A Domestic and Repeat Violence
76 Injunction Statewide Verification System is created within the
77 Department of Law Enforcement. The department shall establish,
78 implement, and maintain a statewide communication system capable
79 of electronically transmitting information to and between
80 criminal justice agencies relating to domestic violence
81 injunctions and repeat violence injunctions issued by the courts
82 throughout this the state. Such information must include, but is
83 not limited to, information as to the existence and status of
84 any injunction for verification purposes.
85 (c)1. Within 24 hours after the court issues an injunction
86 for protection against domestic violence or changes, continues,
87 extends, or vacates an injunction for protection against
88 domestic violence, the clerk of the court must forward a
89 certified copy of the injunction for service to the sheriff with
90 jurisdiction over the residence of the petitioner. The
91 injunction must be served in accordance with this subsection.
92 2. Within 24 hours after service of process of an
93 injunction for protection against domestic violence upon a
94 respondent, the law enforcement officer must forward the written
95 proof of service of process to the sheriff with jurisdiction
96 over the residence of the petitioner. The sheriff having
97 jurisdiction over the residence of the petitioner may authorize
98 the law enforcement officer serving the injunction to
99 electronically transmit the proof of service.
100 3. Within 24 hours after the sheriff receives a certified
101 copy of the injunction for protection against domestic violence,
102 the sheriff must make information relating to the injunction
103 available to other law enforcement agencies by electronically
104 transmitting such information to the department.
105 4. Within 24 hours after the sheriff or other law
106 enforcement officer has made service upon the respondent and the
107 sheriff has been so notified, the sheriff must make information
108 relating to the service available to other law enforcement
109 agencies by electronically transmitting such information to the
110 department.
111 5. Subject to available funding, the Florida Association of
112 Court Clerks and Comptrollers shall develop an automated process
113 by which a petitioner may request notification of service of the
114 injunction for protection against domestic violence and other
115 court actions related to the injunction for protection. The
116 automated notice must shall be made within 12 hours after the
117 sheriff or other law enforcement officer serves the injunction
118 upon the respondent. The notification must include, at a
119 minimum, the date, time, and location where the injunction for
120 protection against domestic violence was served. The Florida
121 Association of Court Clerks and Comptrollers may apply for any
122 available grants to fund the development of the automated
123 process.
124 6. Within 24 hours after an injunction for protection
125 against domestic violence is vacated, terminated, or otherwise
126 rendered no longer effective by ruling of the court, the clerk
127 of the court must notify the sheriff receiving original
128 notification of the injunction as provided in subparagraph 2.
129 That agency shall, within 24 hours after receiving such
130 notification from the clerk of the court, notify the department
131 of such action of the court.
132 Section 2. Subsection (8) of section 784.046, Florida
133 Statutes, is amended to read:
134 784.046 Action by victim of repeat violence, sexual
135 violence, or dating violence for protective injunction; dating
136 violence investigations, notice to victims, and reporting;
137 pretrial release violations; public records exemption.—
138 (8)(a)1. The clerk of the court shall furnish a copy of the
139 petition, notice of hearing, and temporary injunction, if any,
140 to the sheriff or a law enforcement agency of the county where
141 the respondent resides or can be found, who shall serve it upon
142 the respondent as soon thereafter as possible on any day of the
143 week and at any time of the day or night. If the respondent
144 resides in the county in which the petition is filed, the clerk
145 of the court, with the consent of the sheriff, may
146 electronically transmit the documents to the sheriff. However,
147 if the respondent resides or can be found outside the county in
148 which the petition is filed, the clerk of the court must
149 electronically transmit a certified copy of such documents to
150 the sheriff where the respondent resides or can be found. An
151 electronically transmitted document When requested by the
152 sheriff, the clerk of the court may transmit a facsimile copy of
153 an injunction that has been certified by the clerk of the court,
154 and this facsimile copy may be served in the same manner as a
155 certified copy. Upon receiving an electronic a facsimile copy of
156 the injunction, the sheriff must verify receipt with the sender
157 before attempting to serve it upon the respondent. In addition,
158 if the sheriff is in possession of an injunction for protection
159 that has been certified by the clerk of the court, the sheriff
160 may electronically transmit a facsimile copy of that injunction
161 to a law enforcement officer who shall serve it in the same
162 manner as a certified copy. The clerk of the court is shall be
163 responsible for furnishing to the sheriff such information on
164 the respondent’s physical description and location as is
165 required by the department to comply with the verification
166 procedures set forth in this section. Notwithstanding any other
167 provision of law to the contrary, the chief judge of each
168 circuit, in consultation with the appropriate sheriff, may
169 authorize a law enforcement agency within the chief judge’s
170 jurisdiction to effect this type of service and to receive a
171 portion of the service fee. A No person may not shall be
172 authorized or permitted to serve or execute an injunction issued
173 under this section unless the person is a law enforcement
174 officer as defined in chapter 943.
175 2. When an injunction is issued, if the petitioner requests
176 the assistance of a law enforcement agency, the court may order
177 that an officer from the appropriate law enforcement agency
178 accompany the petitioner and assist in the execution or service
179 of the injunction. A law enforcement officer must shall accept a
180 copy of an injunction for protection against repeat violence,
181 sexual violence, or dating violence, certified by the clerk of
182 the court, from the petitioner and immediately serve it upon a
183 respondent who has been located but not yet served.
184 (b) There shall be created A Domestic, Dating, Sexual, and
185 Repeat Violence Injunction Statewide Verification System is
186 created within the Department of Law Enforcement. The department
187 shall establish, implement, and maintain a statewide
188 communication system capable of electronically transmitting
189 information to and between criminal justice agencies relating to
190 domestic violence injunctions, dating violence injunctions,
191 sexual violence injunctions, and repeat violence injunctions
192 issued by the courts throughout this the state. Such information
193 must include, but is not limited to, information as to the
194 existence and status of any injunction for verification
195 purposes.
196 (c)1. Within 24 hours after the court issues an injunction
197 for protection against repeat violence, sexual violence, or
198 dating violence or changes or vacates an injunction for
199 protection against repeat violence, sexual violence, or dating
200 violence, the clerk of the court must forward a copy of the
201 injunction to the sheriff with jurisdiction over the residence
202 of the petitioner.
203 2. Within 24 hours after service of process of an
204 injunction for protection against repeat violence, sexual
205 violence, or dating violence upon a respondent, the law
206 enforcement officer must forward the written proof of service of
207 process to the sheriff with jurisdiction over the residence of
208 the petitioner. The sheriff having jurisdiction over the
209 residence of the petitioner may authorize the law enforcement
210 officer serving the injunction to electronically transmit the
211 proof of service.
212 3. Within 24 hours after the sheriff receives a certified
213 copy of the injunction for protection against repeat violence,
214 sexual violence, or dating violence, the sheriff must make
215 information relating to the injunction available to other law
216 enforcement agencies by electronically transmitting such
217 information to the department.
218 4. Within 24 hours after the sheriff or other law
219 enforcement officer has made service upon the respondent and the
220 sheriff has been so notified, the sheriff must make information
221 relating to the service available to other law enforcement
222 agencies by electronically transmitting such information to the
223 department.
224 5. Subject to available funding, the Florida Association of
225 Court Clerks and Comptrollers shall develop an automated process
226 by which a petitioner may request notification of service of the
227 injunction for protection against repeat violence, sexual
228 violence, or dating violence and other court actions related to
229 the injunction for protection. The automated notice must shall
230 be made within 12 hours after the sheriff or other law
231 enforcement officer serves the injunction upon the respondent.
232 The notification must include, at a minimum, the date, time, and
233 location where the injunction for protection against repeat
234 violence, sexual violence, or dating violence was served. The
235 Florida Association of Court Clerks and Comptrollers may apply
236 for any available grants to fund the development of the
237 automated process.
238 6. Within 24 hours after an injunction for protection
239 against repeat violence, sexual violence, or dating violence is
240 lifted, terminated, or otherwise rendered no longer effective by
241 ruling of the court, the clerk of the court must notify the
242 sheriff or local law enforcement agency receiving original
243 notification of the injunction as provided in subparagraph 2.
244 That agency shall, within 24 hours after receiving such
245 notification from the clerk of the court, notify the department
246 of such action of the court.
247 Section 3. Subsection (8) of section 784.0485, Florida
248 Statutes, is amended to read:
249 784.0485 Stalking; injunction; powers and duties of court
250 and clerk; petition; notice and hearing; temporary injunction;
251 issuance of injunction; statewide verification system;
252 enforcement.—
253 (8)(a)1. The clerk of the court shall furnish a copy of the
254 petition, notice of hearing, and temporary injunction, if any,
255 to the sheriff or a law enforcement agency of the county where
256 the respondent resides or can be found, who shall serve it upon
257 the respondent as soon thereafter as possible on any day of the
258 week and at any time of the day or night. If the respondent
259 resides in the county in which the petition is filed, the clerk
260 of the court, with the consent of the sheriff, may
261 electronically transmit the documents to the sheriff. However,
262 if the respondent resides or can be found outside the county in
263 which the petition is filed, the clerk of the court must
264 electronically transmit a certified copy of such documents to
265 the sheriff where the respondent resides or can be found. An
266 electronically transmitted document When requested by the
267 sheriff, the clerk of the court may transmit a facsimile copy of
268 an injunction that has been certified by the clerk of the court,
269 and this facsimile copy may be served in the same manner as a
270 certified copy. Upon receiving an electronic a facsimile copy of
271 the injunction, the sheriff must verify receipt with the sender
272 before attempting to serve it on the respondent. In addition, if
273 the sheriff is in possession of an injunction for protection
274 that has been certified by the clerk of the court, the sheriff
275 may electronically transmit a facsimile copy of that injunction
276 to a law enforcement officer who shall serve it in the same
277 manner as a certified copy. The clerk of the court shall furnish
278 to the sheriff such information concerning the respondent’s
279 physical description and location as is required by the
280 Department of Law Enforcement to comply with the verification
281 procedures set forth in this section. Notwithstanding any other
282 law, the chief judge of each circuit, in consultation with the
283 appropriate sheriff, may authorize a law enforcement agency
284 within the jurisdiction to effect service. A law enforcement
285 agency serving injunctions pursuant to this section must shall
286 use service and verification procedures consistent with those of
287 the sheriff.
288 2. If an injunction is issued and the petitioner requests
289 the assistance of a law enforcement agency, the court may order
290 that an officer from the appropriate law enforcement agency
291 accompany the petitioner to assist in the execution or service
292 of the injunction. A law enforcement officer must shall accept a
293 copy of an injunction for protection against stalking, certified
294 by the clerk of the court, from the petitioner and immediately
295 serve it upon a respondent who has been located but not yet
296 served.
297 3. An order issued, changed, continued, extended, or
298 vacated subsequent to the original service of documents
299 enumerated under subparagraph 1. must shall be certified by the
300 clerk of the court and delivered to the parties at the time of
301 the entry of the order. The parties may acknowledge receipt of
302 such order in writing on the face of the original order. If a
303 party fails or refuses to acknowledge the receipt of a certified
304 copy of an order, the clerk must shall note on the original
305 order that service was effected. If delivery at the hearing is
306 not possible, the clerk must shall mail certified copies of the
307 order to the parties at the last known address of each party.
308 Service by mail is complete upon mailing. When an order is
309 served pursuant to this subsection, the clerk shall prepare a
310 written certification to be placed in the court file specifying
311 the time, date, and method of service and shall notify the
312 sheriff.
313 4. If the respondent has been served previously with a
314 temporary injunction and has failed to appear at the initial
315 hearing on the temporary injunction, any subsequent petition for
316 injunction seeking an extension of time may be served on the
317 respondent by the clerk of the court by certified mail in lieu
318 of personal service by a law enforcement officer.
319 (b)1. Within 24 hours after the court issues an injunction
320 for protection against stalking or changes, continues, extends,
321 or vacates an injunction for protection against stalking, the
322 clerk of the court must forward a certified copy of the
323 injunction for service to the sheriff having jurisdiction over
324 the residence of the petitioner. The injunction must be served
325 in accordance with this subsection.
326 2. Within 24 hours after service of process of an
327 injunction for protection against stalking upon a respondent,
328 the law enforcement officer must forward the written proof of
329 service of process to the sheriff having jurisdiction over the
330 residence of the petitioner. The sheriff having jurisdiction
331 over the residence of the petitioner may authorize the law
332 enforcement officer serving the injunction to electronically
333 transmit the proof of service.
334 3. Within 24 hours after the sheriff receives a certified
335 copy of the injunction for protection against stalking, the
336 sheriff must make information relating to the injunction
337 available to other law enforcement agencies by electronically
338 transmitting such information to the Department of Law
339 Enforcement.
340 4. Within 24 hours after the sheriff or other law
341 enforcement officer has made service upon the respondent and the
342 sheriff has been so notified, the sheriff must make information
343 relating to the service available to other law enforcement
344 agencies by electronically transmitting such information to the
345 Department of Law Enforcement.
346 5. Within 24 hours after an injunction for protection
347 against stalking is vacated, terminated, or otherwise rendered
348 no longer effective by ruling of the court, the clerk of the
349 court must notify the sheriff receiving original notification of
350 the injunction as provided in subparagraph 2. That agency shall,
351 within 24 hours after receiving such notification from the clerk
352 of the court, notify the Department of Law Enforcement of such
353 action of the court.
354 Section 4. The Florida Sheriffs Association and the Florida
355 Association of Court Clerks and Comptrollers shall establish a
356 joint workgroup that includes clerks of the court and sheriffs
357 to discuss and coordinate new procedures specified within this
358 act. The workgroup shall begin convening immediately upon this
359 act becoming a law. This section shall take effect upon becoming
360 a law.
361 Section 5. Except as otherwise expressly provided in this
362 act and except for this section, which shall take effect upon
363 this act becoming a law, this act shall take effect January 1,
364 2023.
365
366 ================= T I T L E A M E N D M E N T ================
367 And the title is amended as follows:
368 Delete lines 3 - 29
369 and insert:
370 741.30, F.S.; deleting an obsolete date; authorizing
371 clerks of the court to electronically transmit certain
372 documents relating to an injunction for protection
373 against domestic violence under certain circumstances;
374 requiring the clerks of the court to electronically
375 transmit such documents under certain circumstances;
376 providing that electronically transmitted documents
377 may be served in the same manner as certified copies;
378 providing that sheriffs may authorize law enforcement
379 officers to electronically transmit proof of service
380 under certain circumstances; making conforming and
381 technical changes; amending ss. 784.046 and 784.0485,
382 F.S.; authorizing clerks of the court to
383 electronically transmit certain documents relating to
384 injunctions for protection against repeat violence,
385 sexual violence, or dating violence and against
386 stalking, respectively, under certain circumstances;
387 requiring them to electronically transmit such
388 documents under certain circumstances; providing that
389 sheriffs may authorize law enforcement officers to
390 electronically transmit proof of service under certain
391 circumstances; making conforming and technical
392 changes; requiring the Florida Sheriffs Association
393 and the Florida Association of Court Clerks and
394 Comptrollers to establish a joint workgroup for a
395 specified purpose; specifying the timeframe by which
396 the workgroup must convene; providing effective dates.