Florida Senate - 2022                       CS for CS for SB 654
       
       
        
       By the Committees on Rules; and Judiciary; and Senators Cruz,
       Gibson, and Jones
       
       
       
       
       595-03055-22                                           2022654c2
    1                        A bill to be entitled                      
    2         An act relating to protective injunctions; amending s.
    3         741.30, F.S.; deleting an obsolete date; authorizing
    4         clerks of the court to electronically transmit certain
    5         documents relating to an injunction for protection
    6         against domestic violence under certain circumstances;
    7         requiring the clerks of the court to electronically
    8         transmit such documents under certain circumstances;
    9         providing that electronically transmitted documents
   10         may be served in the same manner as certified copies;
   11         providing that sheriffs may authorize law enforcement
   12         officers to electronically transmit proof of service
   13         under certain circumstances; making conforming and
   14         technical changes; amending ss. 784.046 and 784.0485,
   15         F.S.; authorizing clerks of the court to
   16         electronically transmit certain documents relating to
   17         injunctions for protection against repeat violence,
   18         sexual violence, or dating violence and against
   19         stalking, respectively, under certain circumstances;
   20         requiring clerks of the court to electronically
   21         transmit such documents under certain circumstances;
   22         providing that sheriffs may authorize law enforcement
   23         officers to electronically transmit proof of service
   24         under certain circumstances; making conforming and
   25         technical changes; requiring the Florida Sheriffs
   26         Association and the Florida Association of Court
   27         Clerks and Comptrollers to establish a joint workgroup
   28         for a specified purpose; specifying the time by which
   29         the workgroup must convene; providing effective dates.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (a) of subsection (2) and subsection
   34  (8) of section 741.30, Florida Statutes, are amended to read:
   35         741.30 Domestic violence; injunction; powers and duties of
   36  court and clerk; petition; notice and hearing; temporary
   37  injunction; issuance of injunction; statewide verification
   38  system; enforcement; public records exemption.—
   39         (2)(a) Notwithstanding any other provision of law, the
   40  assessment of a filing fee for a petition for protection against
   41  domestic violence is prohibited effective October 1, 2002.
   42  However, subject to legislative appropriation, the clerk of the
   43  circuit court may, on a quarterly basis, submit to the Office of
   44  the State Courts Administrator a certified request for
   45  reimbursement for petitions for protection against domestic
   46  violence issued by the court, at the rate of $40 per petition.
   47  The request for reimbursement must shall be submitted in the
   48  form and manner prescribed by the Office of the State Courts
   49  Administrator. From this reimbursement, the clerk shall pay any
   50  law enforcement agency serving the injunction the fee requested
   51  by the law enforcement agency; however, this fee may shall not
   52  exceed $20.
   53         (8)(a)1. The clerk of the court shall furnish a copy of the
   54  petition, financial affidavit, Uniform Child Custody
   55  Jurisdiction and Enforcement Act affidavit, if any, notice of
   56  hearing, and temporary injunction, if any, to the sheriff or a
   57  law enforcement agency of the county where the respondent
   58  resides or can be found, who shall serve it upon the respondent
   59  as soon thereafter as possible on any day of the week and at any
   60  time of the day or night. If the respondent resides in the
   61  county in which the petition is filed, the clerk of the court,
   62  with the consent of the sheriff, may electronically transmit the
   63  documents to the sheriff. However, if the respondent resides or
   64  can be found outside the county in which the petition is filed,
   65  the clerk of the court must electronically transmit a certified
   66  copy of such documents to the sheriff where the respondent
   67  resides or can be found. An electronically transmitted document
   68  When requested by the sheriff, the clerk of the court may
   69  transmit a facsimile copy of an injunction that has been
   70  certified by the clerk of the court, and this facsimile copy may
   71  be served in the same manner as a certified copy. Upon receiving
   72  an electronic a facsimile copy of the injunction, the sheriff
   73  must verify receipt with the sender before attempting to serve
   74  it upon the respondent. In addition, if the sheriff is in
   75  possession of an injunction for protection that has been
   76  certified by the clerk of the court, the sheriff may
   77  electronically transmit a facsimile copy of that injunction to a
   78  law enforcement officer who shall serve it in the same manner as
   79  a certified copy. The clerk of the court is shall be responsible
   80  for furnishing to the sheriff such information on the
   81  respondent’s physical description and location as is required by
   82  the department to comply with the verification procedures set
   83  forth in this section. Notwithstanding any other provision of
   84  law to the contrary, the chief judge of each circuit, in
   85  consultation with the appropriate sheriff, may authorize a law
   86  enforcement agency within the jurisdiction to effect service. A
   87  law enforcement agency serving injunctions pursuant to this
   88  section must shall use service and verification procedures
   89  consistent with those of the sheriff.
   90         2. When an injunction is issued, if the petitioner requests
   91  the assistance of a law enforcement agency, the court may order
   92  that an officer from the appropriate law enforcement agency
   93  accompany the petitioner and assist in placing the petitioner in
   94  possession of the dwelling or residence, or otherwise assist in
   95  the execution or service of the injunction. A law enforcement
   96  officer must shall accept a copy of an injunction for protection
   97  against domestic violence, certified by the clerk of the court,
   98  from the petitioner and immediately serve it upon a respondent
   99  who has been located but not yet served.
  100         3. All orders issued, changed, continued, extended, or
  101  vacated subsequent to the original service of documents
  102  enumerated under subparagraph 1. must, shall be certified by the
  103  clerk of the court and delivered to the parties at the time of
  104  the entry of the order. The parties may acknowledge receipt of
  105  such order in writing on the face of the original order. In the
  106  event a party fails or refuses to acknowledge the receipt of a
  107  certified copy of an order, the clerk must shall note on the
  108  original order that service was effected. If delivery at the
  109  hearing is not possible, the clerk must shall mail certified
  110  copies of the order to the parties at the last known address of
  111  each party. Service by mail is complete upon mailing. When an
  112  order is served pursuant to this subsection, the clerk shall
  113  prepare a written certification to be placed in the court file
  114  specifying the time, date, and method of service and shall
  115  notify the sheriff.
  116  
  117  If the respondent has been served previously with the temporary
  118  injunction and has failed to appear at the initial hearing on
  119  the temporary injunction, any subsequent petition for injunction
  120  seeking an extension of time may be served on the respondent by
  121  the clerk of the court by certified mail in lieu of personal
  122  service by a law enforcement officer.
  123         (b) There shall be created A Domestic and Repeat Violence
  124  Injunction Statewide Verification System is created within the
  125  Department of Law Enforcement. The department shall establish,
  126  implement, and maintain a statewide communication system capable
  127  of electronically transmitting information to and between
  128  criminal justice agencies relating to domestic violence
  129  injunctions and repeat violence injunctions issued by the courts
  130  throughout this the state. Such information must include, but is
  131  not limited to, information as to the existence and status of
  132  any injunction for verification purposes.
  133         (c)1. Within 24 hours after the court issues an injunction
  134  for protection against domestic violence or changes, continues,
  135  extends, or vacates an injunction for protection against
  136  domestic violence, the clerk of the court must forward a
  137  certified copy of the injunction for service to the sheriff with
  138  jurisdiction over the residence of the petitioner. The
  139  injunction must be served in accordance with this subsection.
  140         2. Within 24 hours after service of process of an
  141  injunction for protection against domestic violence upon a
  142  respondent, the law enforcement officer must forward the written
  143  proof of service of process to the sheriff with jurisdiction
  144  over the residence of the petitioner. The sheriff having
  145  jurisdiction over the residence of the petitioner may authorize
  146  the law enforcement officer serving the injunction to
  147  electronically transmit the proof of service.
  148         3. Within 24 hours after the sheriff receives a certified
  149  copy of the injunction for protection against domestic violence,
  150  the sheriff must make information relating to the injunction
  151  available to other law enforcement agencies by electronically
  152  transmitting such information to the department.
  153         4. Within 24 hours after the sheriff or other law
  154  enforcement officer has made service upon the respondent and the
  155  sheriff has been so notified, the sheriff must make information
  156  relating to the service available to other law enforcement
  157  agencies by electronically transmitting such information to the
  158  department.
  159         5. Subject to available funding, the Florida Association of
  160  Court Clerks and Comptrollers shall develop an automated process
  161  by which a petitioner may request notification of service of the
  162  injunction for protection against domestic violence and other
  163  court actions related to the injunction for protection. The
  164  automated notice must shall be made within 12 hours after the
  165  sheriff or other law enforcement officer serves the injunction
  166  upon the respondent. The notification must include, at a
  167  minimum, the date, time, and location where the injunction for
  168  protection against domestic violence was served. The Florida
  169  Association of Court Clerks and Comptrollers may apply for any
  170  available grants to fund the development of the automated
  171  process.
  172         6. Within 24 hours after an injunction for protection
  173  against domestic violence is vacated, terminated, or otherwise
  174  rendered no longer effective by ruling of the court, the clerk
  175  of the court must notify the sheriff receiving original
  176  notification of the injunction as provided in subparagraph 2.
  177  That agency shall, within 24 hours after receiving such
  178  notification from the clerk of the court, notify the department
  179  of such action of the court.
  180         Section 2. Subsection (8) of section 784.046, Florida
  181  Statutes, is amended to read:
  182         784.046 Action by victim of repeat violence, sexual
  183  violence, or dating violence for protective injunction; dating
  184  violence investigations, notice to victims, and reporting;
  185  pretrial release violations; public records exemption.—
  186         (8)(a)1. The clerk of the court shall furnish a copy of the
  187  petition, notice of hearing, and temporary injunction, if any,
  188  to the sheriff or a law enforcement agency of the county where
  189  the respondent resides or can be found, who shall serve it upon
  190  the respondent as soon thereafter as possible on any day of the
  191  week and at any time of the day or night. If the respondent
  192  resides in the county in which the petition is filed, the clerk
  193  of the court, with the consent of the sheriff, may
  194  electronically transmit the documents to the sheriff. However,
  195  if the respondent resides or can be found outside the county in
  196  which the petition is filed, the clerk of the court must
  197  electronically transmit a certified copy of such documents to
  198  the sheriff where the respondent resides or can be found. An
  199  electronically transmitted document When requested by the
  200  sheriff, the clerk of the court may transmit a facsimile copy of
  201  an injunction that has been certified by the clerk of the court,
  202  and this facsimile copy may be served in the same manner as a
  203  certified copy. Upon receiving an electronic a facsimile copy of
  204  the injunction, the sheriff must verify receipt with the sender
  205  before attempting to serve it upon the respondent. In addition,
  206  if the sheriff is in possession of an injunction for protection
  207  that has been certified by the clerk of the court, the sheriff
  208  may electronically transmit a facsimile copy of that injunction
  209  to a law enforcement officer who shall serve it in the same
  210  manner as a certified copy. The clerk of the court is shall be
  211  responsible for furnishing to the sheriff such information on
  212  the respondent’s physical description and location as is
  213  required by the department to comply with the verification
  214  procedures set forth in this section. Notwithstanding any other
  215  provision of law to the contrary, the chief judge of each
  216  circuit, in consultation with the appropriate sheriff, may
  217  authorize a law enforcement agency within the chief judge’s
  218  jurisdiction to effect this type of service and to receive a
  219  portion of the service fee. A No person may not shall be
  220  authorized or permitted to serve or execute an injunction issued
  221  under this section unless the person is a law enforcement
  222  officer as defined in chapter 943.
  223         2. When an injunction is issued, if the petitioner requests
  224  the assistance of a law enforcement agency, the court may order
  225  that an officer from the appropriate law enforcement agency
  226  accompany the petitioner and assist in the execution or service
  227  of the injunction. A law enforcement officer must shall accept a
  228  copy of an injunction for protection against repeat violence,
  229  sexual violence, or dating violence, certified by the clerk of
  230  the court, from the petitioner and immediately serve it upon a
  231  respondent who has been located but not yet served.
  232         (b) There shall be created A Domestic, Dating, Sexual, and
  233  Repeat Violence Injunction Statewide Verification System is
  234  created within the Department of Law Enforcement. The department
  235  shall establish, implement, and maintain a statewide
  236  communication system capable of electronically transmitting
  237  information to and between criminal justice agencies relating to
  238  domestic violence injunctions, dating violence injunctions,
  239  sexual violence injunctions, and repeat violence injunctions
  240  issued by the courts throughout this the state. Such information
  241  must include, but is not limited to, information as to the
  242  existence and status of any injunction for verification
  243  purposes.
  244         (c)1. Within 24 hours after the court issues an injunction
  245  for protection against repeat violence, sexual violence, or
  246  dating violence or changes or vacates an injunction for
  247  protection against repeat violence, sexual violence, or dating
  248  violence, the clerk of the court must forward a copy of the
  249  injunction to the sheriff with jurisdiction over the residence
  250  of the petitioner.
  251         2. Within 24 hours after service of process of an
  252  injunction for protection against repeat violence, sexual
  253  violence, or dating violence upon a respondent, the law
  254  enforcement officer must forward the written proof of service of
  255  process to the sheriff with jurisdiction over the residence of
  256  the petitioner. The sheriff having jurisdiction over the
  257  residence of the petitioner may authorize the law enforcement
  258  officer serving the injunction to electronically transmit the
  259  proof of service.
  260         3. Within 24 hours after the sheriff receives a certified
  261  copy of the injunction for protection against repeat violence,
  262  sexual violence, or dating violence, the sheriff must make
  263  information relating to the injunction available to other law
  264  enforcement agencies by electronically transmitting such
  265  information to the department.
  266         4. Within 24 hours after the sheriff or other law
  267  enforcement officer has made service upon the respondent and the
  268  sheriff has been so notified, the sheriff must make information
  269  relating to the service available to other law enforcement
  270  agencies by electronically transmitting such information to the
  271  department.
  272         5. Subject to available funding, the Florida Association of
  273  Court Clerks and Comptrollers shall develop an automated process
  274  by which a petitioner may request notification of service of the
  275  injunction for protection against repeat violence, sexual
  276  violence, or dating violence and other court actions related to
  277  the injunction for protection. The automated notice must shall
  278  be made within 12 hours after the sheriff or other law
  279  enforcement officer serves the injunction upon the respondent.
  280  The notification must include, at a minimum, the date, time, and
  281  location where the injunction for protection against repeat
  282  violence, sexual violence, or dating violence was served. The
  283  Florida Association of Court Clerks and Comptrollers may apply
  284  for any available grants to fund the development of the
  285  automated process.
  286         6. Within 24 hours after an injunction for protection
  287  against repeat violence, sexual violence, or dating violence is
  288  lifted, terminated, or otherwise rendered no longer effective by
  289  ruling of the court, the clerk of the court must notify the
  290  sheriff or local law enforcement agency receiving original
  291  notification of the injunction as provided in subparagraph 2.
  292  That agency shall, within 24 hours after receiving such
  293  notification from the clerk of the court, notify the department
  294  of such action of the court.
  295         Section 3. Subsection (8) of section 784.0485, Florida
  296  Statutes, is amended to read:
  297         784.0485 Stalking; injunction; powers and duties of court
  298  and clerk; petition; notice and hearing; temporary injunction;
  299  issuance of injunction; statewide verification system;
  300  enforcement.—
  301         (8)(a)1. The clerk of the court shall furnish a copy of the
  302  petition, notice of hearing, and temporary injunction, if any,
  303  to the sheriff or a law enforcement agency of the county where
  304  the respondent resides or can be found, who shall serve it upon
  305  the respondent as soon thereafter as possible on any day of the
  306  week and at any time of the day or night. If the respondent
  307  resides in the county in which the petition is filed, the clerk
  308  of the court, with the consent of the sheriff, may
  309  electronically transmit the documents to the sheriff. However,
  310  if the respondent resides or can be found outside the county in
  311  which the petition is filed, the clerk of the court must
  312  electronically transmit a certified copy of such documents to
  313  the sheriff where the respondent resides or can be found. An
  314  electronically transmitted document When requested by the
  315  sheriff, the clerk of the court may transmit a facsimile copy of
  316  an injunction that has been certified by the clerk of the court,
  317  and this facsimile copy may be served in the same manner as a
  318  certified copy. Upon receiving an electronic a facsimile copy of
  319  the injunction, the sheriff must verify receipt with the sender
  320  before attempting to serve it on the respondent. In addition, if
  321  the sheriff is in possession of an injunction for protection
  322  that has been certified by the clerk of the court, the sheriff
  323  may electronically transmit a facsimile copy of that injunction
  324  to a law enforcement officer who shall serve it in the same
  325  manner as a certified copy. The clerk of the court shall furnish
  326  to the sheriff such information concerning the respondent’s
  327  physical description and location as is required by the
  328  Department of Law Enforcement to comply with the verification
  329  procedures set forth in this section. Notwithstanding any other
  330  law, the chief judge of each circuit, in consultation with the
  331  appropriate sheriff, may authorize a law enforcement agency
  332  within the jurisdiction to effect service. A law enforcement
  333  agency serving injunctions pursuant to this section must shall
  334  use service and verification procedures consistent with those of
  335  the sheriff.
  336         2. If an injunction is issued and the petitioner requests
  337  the assistance of a law enforcement agency, the court may order
  338  that an officer from the appropriate law enforcement agency
  339  accompany the petitioner to assist in the execution or service
  340  of the injunction. A law enforcement officer must shall accept a
  341  copy of an injunction for protection against stalking, certified
  342  by the clerk of the court, from the petitioner and immediately
  343  serve it upon a respondent who has been located but not yet
  344  served.
  345         3. An order issued, changed, continued, extended, or
  346  vacated subsequent to the original service of documents
  347  enumerated under subparagraph 1. must shall be certified by the
  348  clerk of the court and delivered to the parties at the time of
  349  the entry of the order. The parties may acknowledge receipt of
  350  such order in writing on the face of the original order. If a
  351  party fails or refuses to acknowledge the receipt of a certified
  352  copy of an order, the clerk must shall note on the original
  353  order that service was effected. If delivery at the hearing is
  354  not possible, the clerk must shall mail certified copies of the
  355  order to the parties at the last known address of each party.
  356  Service by mail is complete upon mailing. When an order is
  357  served pursuant to this subsection, the clerk shall prepare a
  358  written certification to be placed in the court file specifying
  359  the time, date, and method of service and shall notify the
  360  sheriff.
  361         4. If the respondent has been served previously with a
  362  temporary injunction and has failed to appear at the initial
  363  hearing on the temporary injunction, any subsequent petition for
  364  injunction seeking an extension of time may be served on the
  365  respondent by the clerk of the court by certified mail in lieu
  366  of personal service by a law enforcement officer.
  367         (b)1. Within 24 hours after the court issues an injunction
  368  for protection against stalking or changes, continues, extends,
  369  or vacates an injunction for protection against stalking, the
  370  clerk of the court must forward a certified copy of the
  371  injunction for service to the sheriff having jurisdiction over
  372  the residence of the petitioner. The injunction must be served
  373  in accordance with this subsection.
  374         2. Within 24 hours after service of process of an
  375  injunction for protection against stalking upon a respondent,
  376  the law enforcement officer must forward the written proof of
  377  service of process to the sheriff having jurisdiction over the
  378  residence of the petitioner. The sheriff having jurisdiction
  379  over the residence of the petitioner may authorize the law
  380  enforcement officer serving the injunction to electronically
  381  transmit the proof of service.
  382         3. Within 24 hours after the sheriff receives a certified
  383  copy of the injunction for protection against stalking, the
  384  sheriff must make information relating to the injunction
  385  available to other law enforcement agencies by electronically
  386  transmitting such information to the Department of Law
  387  Enforcement.
  388         4. Within 24 hours after the sheriff or other law
  389  enforcement officer has made service upon the respondent and the
  390  sheriff has been so notified, the sheriff must make information
  391  relating to the service available to other law enforcement
  392  agencies by electronically transmitting such information to the
  393  Department of Law Enforcement.
  394         5. Within 24 hours after an injunction for protection
  395  against stalking is vacated, terminated, or otherwise rendered
  396  no longer effective by ruling of the court, the clerk of the
  397  court must notify the sheriff receiving original notification of
  398  the injunction as provided in subparagraph 2. That agency shall,
  399  within 24 hours after receiving such notification from the clerk
  400  of the court, notify the Department of Law Enforcement of such
  401  action of the court.
  402         Section 4. The Florida Sheriffs Association and the Florida
  403  Association of Court Clerks and Comptrollers shall establish a
  404  joint workgroup that includes clerks of the court and sheriffs
  405  to discuss and coordinate new procedures specified within this
  406  act. The workgroup shall begin convening immediately upon this
  407  act becoming a law. This section shall take effect upon becoming
  408  a law.
  409         Section 5. Except as otherwise expressly provided in this
  410  act and except for this section, which shall take effect upon
  411  this act becoming a law, this act shall take effect January 1,
  412  2023.