Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 130 Ì559728UÎ559728 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/15/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Berman) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 156 - 161 4 and insert: 5 Section 3. Paragraph (b) of subsection (3) and paragraph 6 (b) of subsection (6) of section 741.30, Florida Statutes, are 7 amended to read: 8 741.30 Domestic violence; injunction; powers and duties of 9 court and clerk; petition; notice and hearing; temporary 10 injunction; issuance of injunction; statewide verification 11 system; enforcement; public records exemption.— 12 (3) 13 (b) The sworn petition shall be in substantially the 14 following form: 15 16 PETITION FOR 17 INJUNCTION FOR PROTECTION 18 AGAINST DOMESTIC VIOLENCE 19 20 Before me, the undersigned authority, personally appeared 21 Petitioner ...(Name)..., who has been sworn and says that the 22 following statements are true: 23 (a) Petitioner resides at: ...(address)... 24 (Petitioner may furnish address to the court in a separate 25 confidential filing if, for safety reasons, the petitioner 26 requires the location of the current residence to be 27 confidential.) 28 (b) Respondent resides at: ...(last known address)... 29 (c) Respondent’s last known place of employment: ...(name 30 of business and address)... 31 (d) Physical description of respondent:.................. 32 Race........ 33 Sex........ 34 Date of birth........ 35 Height........ 36 Weight........ 37 Eye color........ 38 Hair color........ 39 Distinguishing marks or scars........ 40 (e) Aliases of respondent:............................... 41 (f) Respondent is the spouse or former spouse of the 42 petitioner or is any other person related by blood or marriage 43 to the petitioner or is any other person who is or was residing 44 within a single dwelling unit with the petitioner, as if a 45 family, or is a person with whom the petitioner has a child in 46 common, regardless of whether the petitioner and respondent are 47 or were married or residing together, as if a family. 48 (g) The following describes any other cause of action 49 currently pending between the petitioner and respondent:........ 50 ................................................................ 51 The petitioner should also describe any previous or pending 52 attempts by the petitioner to obtain an injunction for 53 protection against domestic violence in this or any other 54 circuit, and the results of that attempt:....................... 55 ................................................................ 56 Case numbers should be included if available. 57 (h) Petitioner is either a victim of domestic violence or 58 has reasonable cause to believe he or she is in imminent danger 59 of becoming a victim of domestic violence because respondent 60 has: ...(mark all sections that apply and describe in the spaces 61 below the incidents of violence or threats of violence, 62 specifying when and where they occurred, including, but not 63 limited to, locations such as a home, school, place of 64 employment, or visitation exchange)... 65 ......................................................... 66 ......................................................... 67 ....committed or threatened to commit domestic violence 68 defined in s. 741.28, Florida Statutes, as any assault, 69 aggravated assault, battery, aggravated battery, sexual assault, 70 sexual battery, stalking, aggravated stalking, kidnapping, false 71 imprisonment, or any criminal offense resulting in physical 72 injury or death of one family or household member by another. 73 With the exception of persons who are parents of a child in 74 common, the family or household members must be currently 75 residing or have in the past resided together in the same single 76 dwelling unit. 77 ....previously threatened, harassed, stalked, or physically 78 abused the petitioner. 79 ....attempted to harm the petitioner or family members or 80 individuals closely associated with the petitioner. 81 ....threatened to conceal, kidnap, or harm the petitioner’s 82 child or children. 83 ....intentionally injured or killed a family pet. 84 ....used, or has threatened to use, against the petitioner 85 any weapons such as guns or knives. 86 ....physically restrained the petitioner from leaving the 87 home or calling law enforcement. 88 ....a criminal history involving violence or the threat of 89 violence (if known). 90 ....another order of protection issued against him or her 91 previously or from another jurisdiction (if known). 92 ....destroyed personal property, including, but not limited 93 to, telephones or other communication equipment, clothing, or 94 other items belonging to the petitioner. 95 ....engaged in a pattern of abusive, threatening, 96 intimidating, or controlling behavior composed of a series of 97 acts over a period of time, however short. 98 ....engaged in any other behavior or conduct that leads the 99 petitioner to have reasonable cause to believe he or she is in 100 imminent danger of becoming a victim of domestic violence. 101 (i) Petitioner alleges the following additional specific 102 facts: ...(mark appropriate sections)... 103 ....A minor child or minor children reside with the 104 petitioner whose names and ages are as follows: 105 106 ....Petitioner needs the exclusive use and possession of 107 the dwelling that the parties share. 108 ....Petitioner is unable to obtain safe alternative housing 109 because: 110 111 ....Petitioner genuinely fears that respondent imminently 112 will abuse, remove, or hide the minor child or children from 113 petitioner because: 114 115 (j) Petitioner genuinely fears imminent domestic violence 116 by respondent. 117 (k) Petitioner seeks an injunction: ...(mark appropriate 118 section or sections)... 119 ....Immediately restraining the respondent from committing 120 any acts of domestic violence. 121 ....Restraining the respondent from committing any acts of 122 domestic violence. 123 ....Awarding to the petitioner the temporary exclusive use 124 and possession of the dwelling that the parties share or 125 excluding the respondent from the residence of the petitioner. 126 ....Providing a temporary parenting plan, including a 127 temporary time-sharing schedule, with regard to the minor child 128 or children of the parties which might involve prohibiting or 129 limiting time-sharing or requiring that it be supervised by a 130 third party. 131 ....Establishing temporary support for the minor child or 132 children or the petitioner. 133 ....Directing the respondent to participate in a batterers’ 134 intervention program. 135 ....Providing any terms the court deems necessary for the 136 protection of a victim of domestic violence, or any minor 137 children of the victim, including any injunctions or directives 138 to law enforcement agencies. 139 140 ================= T I T L E A M E N D M E N T ================ 141 And the title is amended as follows: 142 Delete line 13 143 and insert: 144 violence injunction is in imminent danger; conforming 145 a provision to changes made by the act; providing