Florida Senate - 2026 SB 1644
By Senator McClain
9-01255-26 20261644__
1 A bill to be entitled
2 An act relating to interpersonal violence injunctions;
3 amending s. 741.30, F.S.; revising the required forms,
4 motions, and information all clerk of the court
5 offices must provide to assist petitioners; requiring
6 the court, upon the filing of a domestic violence
7 petition, to review the petition ex parte and set a
8 final hearing at the earliest possible time under
9 certain circumstances; requiring that a respondent be
10 personally served by a law enforcement officer if a
11 final hearing is set; revising the factors the court
12 is required to consider and evaluate in determining
13 whether a petitioner has reasonable cause to believe
14 that he or she is in imminent danger of becoming a
15 victim of domestic violence; revising what the clerk
16 of the court, within a specified timeframe after the
17 court sets the case for a final hearing, is required
18 to transmit to the sheriff or a law enforcement agency
19 for service; requiring a respondent, within 1 business
20 day after being served, to inform the clerk of the
21 court of his or her mailing or e-mail address for
22 subsequent service; revising the circumstances under
23 which the clerk of the court must mail or e-mail
24 certified copies of certain orders to the parties;
25 specifying that service by e-mail is complete upon e
26 mailing; revising the name of the Domestic and Repeat
27 Violence Injunction Statewide Verification System
28 created within the Department of Law Enforcement to
29 the Statewide Injunction Verification System; revising
30 the injunctions required to be maintained in the
31 system; revising the circumstances under which the
32 clerk of the court must mail or e-mail certified
33 copies of certain orders to the parties; requiring the
34 court, upon the filing of a petition, to review the
35 petition ex parte and set a final hearing at the
36 earliest possible time under certain circumstances;
37 making technical and conforming changes; amending s.
38 784.046, F.S.; prohibiting a court from issuing mutual
39 orders of protection; revising the required forms,
40 motions, and information the clerks of the court must
41 provide to assist petitioners unrepresented by
42 counsel; requiring that a respondent be personally
43 served by a law enforcement officer if a final hearing
44 is set; requiring that a court’s denial of a petition
45 for an ex parte temporary injunction be by certain
46 written order; specifying that good cause for a
47 continuance includes obtaining service of process by
48 any party; requiring a respondent, within 1 business
49 day after being served, to inform the clerk of the
50 court of his or her mailing or e-mail address for
51 subsequent service; revising the circumstances under
52 which the clerk of the court must mail or e-mail
53 certified copies of certain orders to the parties;
54 specifying that service by mail or e-mail is complete
55 upon mailing or e-mailing; requiring the clerk of the
56 court to prepare a certain written certification when
57 a certain order is served by the clerk; requiring that
58 all specified proceedings be recorded; revising the
59 name of the Domestic and Repeat Violence Injunction
60 Statewide Verification System created within the
61 Department of Law Enforcement to the Statewide
62 Injunction Verification System; revising the
63 injunctions required to be maintained in the system;
64 specifying the circumstances under which the clerk of
65 the court must mail or e-mail certified copies of
66 certain injunction orders to the parties; specifying
67 that service by mail or e-mail is complete upon
68 mailing or e-mailing; providing requirements regarding
69 service of process; making technical and conforming
70 changes; amending s. 784.0485, F.S.; revising the
71 required forms, motions, and information all clerk of
72 the court offices must provide to assist petitioners;
73 requiring the court, upon the filing of a petition for
74 an injunction for protection against stalking, to
75 review the petition ex parte and set a final hearing
76 at the earliest possible time under certain
77 circumstances; requiring that a respondent be
78 personally served by a law enforcement officer if a
79 final hearing is set; revising what the clerk of the
80 court, within a specified timeframe after the court
81 sets the case for a final hearing, is required to
82 transmit to the sheriff or a law enforcement agency
83 for service; requiring a respondent, within 1 business
84 day after being served, to inform the clerk of the
85 court of his or her mailing or e-mail address for
86 subsequent service; revising the circumstances under
87 which the clerk of the court must mail or e-mail
88 certified copies of certain orders to the parties;
89 specifying that service by e-mail is complete upon e
90 mailing; specifying the circumstances under which the
91 clerk of the court must mail or e-mail certified
92 copies of certain orders to the parties; specifying
93 that service by mail or e-mail is complete upon
94 mailing or e-mailing; requiring the clerk of the court
95 to prepare a certain written certification when a
96 certain order is served by the clerk; making technical
97 and conforming changes; amending ss. 61.1825 and
98 943.05, F.S.; conforming provisions to changes made by
99 the act; reenacting ss. 39.504(5), 44.407(3)(b),
100 61.125(4)(b), and 741.29(1), F.S., relating to
101 injunctions and penalties, the elder-focused dispute
102 resolution process, parenting coordination, and
103 investigation of domestic violence incidents,
104 respectively, to incorporate the amendment made to s.
105 741.30, F.S., in references thereto; providing an
106 effective date.
107
108 Be It Enacted by the Legislature of the State of Florida:
109
110 Section 1. Section 741.30, Florida Statutes, is amended to
111 read:
112 741.30 Domestic violence; injunction; powers and duties of
113 court and clerk; petition; notice and hearing; temporary
114 injunction; issuance of injunction; Statewide Injunction
115 Verification System; enforcement; public records exemption.—
116 (1) There is created a cause of action for an injunction
117 for protection against domestic violence.
118 (a) Any person described in paragraph (e), who is either
119 the victim of domestic violence as defined in s. 741.28 or has
120 reasonable cause to believe he or she is in imminent danger of
121 becoming the victim of any act of domestic violence, has
122 standing in the circuit court to file a verified petition for an
123 injunction for protection against domestic violence.
124 (b) This cause of action for an injunction may be sought
125 whether or not any other cause of action is currently pending
126 between the parties. However, the pendency of any such cause of
127 action shall be alleged in the petition.
128 (c) In the event a subsequent cause of action is filed
129 under chapter 61, any orders entered therein shall take
130 precedence over any inconsistent provisions of an injunction
131 issued under this section which addresses matters governed by
132 chapter 61.
133 (d) A person’s right to petition for an injunction shall
134 not be affected by such person having left a residence or
135 household to avoid domestic violence.
136 (e) This cause of action for an injunction may be sought by
137 family or household members. No person shall be precluded from
138 seeking injunctive relief pursuant to this chapter solely on the
139 basis that such person is not a spouse.
140 (f) This cause of action for an injunction shall not
141 require that either party be represented by an attorney.
142 (g) Any person, including an officer of the court, who
143 offers evidence or recommendations relating to the cause of
144 action must either present the evidence or recommendations in
145 writing to the court with copies to each party and their
146 attorney, or must present the evidence under oath at a hearing
147 at which all parties are present.
148 (h) Nothing in this section shall affect the title to any
149 real estate.
150 (i) The court is prohibited from issuing mutual orders of
151 protection. This does not preclude the court from issuing
152 separate injunctions for protection against domestic violence
153 where each party has complied with the provisions of this
154 section. Compliance with the provisions of this section cannot
155 be waived.
156 (j) Notwithstanding any provision of chapter 47, a petition
157 for an injunction for protection against domestic violence may
158 be filed in the circuit where the petitioner currently or
159 temporarily resides, where the respondent resides, or where the
160 domestic violence occurred. There is no minimum requirement of
161 residency to petition for an injunction for protection.
162 (2)(a) Notwithstanding any other law, the assessment of a
163 filing fee for a petition for protection against domestic
164 violence is prohibited. However, subject to legislative
165 appropriation, the clerk of the circuit court may, on a
166 quarterly basis, submit to the Justice Administrative Commission
167 a certified request for reimbursement for petitions for
168 protection against domestic violence issued by the court, at the
169 rate of $40 per petition. The request for reimbursement must be
170 submitted in the form and manner prescribed by the Justice
171 Administrative Commission. From this reimbursement, the clerk
172 shall pay any law enforcement agency serving the injunction the
173 fee requested by the law enforcement agency; however, this fee
174 may not exceed $20.
175 (b) No bond shall be required by the court for the entry of
176 an injunction.
177 (c)1. The clerk of the court shall assist petitioners in
178 seeking both injunctions for protection against domestic
179 violence and enforcement for a violation thereof as specified in
180 this section.
181 2. All clerks’ offices of the clerk of the court shall
182 provide Supreme Court-approved family law simplified petition
183 forms for the injunction and, any modifications to, and the
184 enforcement thereof, and for a designation of mail and e-mail
185 addresses for service, including instructions for completion.
186 3. The clerk of the court shall advise petitioners of the
187 opportunity to apply for a certificate of indigence in lieu of
188 prepayment for the cost of the filing fee, as provided in
189 paragraph (a).
190 4. The clerk of the court shall ensure the petitioner’s
191 privacy to the extent practical while completing the forms for
192 injunctions for protection against domestic violence.
193 5. The clerk of the court shall provide petitioners with a
194 minimum of two certified copies of the order of the temporary
195 injunction, one of which is serviceable and will inform the
196 petitioner of the process for service and enforcement.
197 6. Clerks of court and appropriate staff in each county
198 shall receive training in the effective assistance of
199 petitioners as provided or approved by the Florida Association
200 of Court Clerks.
201 7. The clerk of the court in each county shall make
202 available informational brochures on domestic violence when such
203 brochures are provided by local certified domestic violence
204 centers.
205 8. The clerk of the court in each county shall distribute a
206 statewide uniform informational brochure to petitioners at the
207 time of filing for an injunction for protection against domestic
208 or repeat violence when such brochures become available. The
209 brochure must include information about the effect of giving the
210 court false information about domestic violence.
211 (3)(a) The verified petition must allege the existence of
212 such domestic violence and must include the specific facts and
213 circumstances upon the basis of which relief is sought.
214 (b) The verified petition shall be in substantially the
215 following form:
216
217 PETITION FOR
218 INJUNCTION FOR PROTECTION
219 AGAINST DOMESTIC VIOLENCE
220
221 The undersigned petitioner ...(name)... declares under penalties
222 of perjury that the following statements are true:
223 (a) Petitioner resides at: ...(address)...
224 (Petitioner may furnish address to the court in a separate
225 confidential filing if, for safety reasons, the petitioner
226 requires the location of the current residence to be
227 confidential.)
228 (b) Respondent resides at: ...(last known address)...
229 (c) Respondent’s last known place of employment: ...(name
230 of business and address)...
231 (d) Physical description of respondent:..................
232 Race........
233 Sex........
234 Date of birth........
235 Height........
236 Weight........
237 Eye color........
238 Hair color........
239 Distinguishing marks or scars........
240 (e) Aliases of respondent:...............................
241 (f) Respondent is the spouse or former spouse of the
242 petitioner or is any other person related by blood or marriage
243 to the petitioner or is any other person who is or was residing
244 within a single dwelling unit with the petitioner, as if a
245 family, or is a person with whom the petitioner has a child in
246 common, regardless of whether the petitioner and respondent are
247 or were married or residing together, as if a family.
248 (g) The following describes any other cause of action
249 currently pending between the petitioner and respondent:........
250 ................................................................
251 The petitioner should also describe any previous or pending
252 attempts by the petitioner to obtain an injunction for
253 protection against domestic violence in this or any other
254 circuit, and the results of that attempt:.......................
255 ................................................................
256 Case numbers should be included if available.
257 (h) Petitioner is either a victim of domestic violence or
258 has reasonable cause to believe he or she is in imminent danger
259 of becoming a victim of domestic violence because respondent
260 has: ...(mark all sections that apply and describe in the spaces
261 below the incidents of violence or threats of violence,
262 specifying when and where they occurred, including, but not
263 limited to, locations such as a home, school, place of
264 employment, or visitation exchange)...
265 .........................................................
266 .........................................................
267 ....committed or threatened to commit domestic violence
268 defined in s. 741.28, Florida Statutes, as any assault,
269 aggravated assault, battery, aggravated battery, sexual assault,
270 sexual battery, stalking, aggravated stalking, kidnapping, false
271 imprisonment, or any criminal offense resulting in physical
272 injury or death of one family or household member by another.
273 With the exception of persons who are parents of a child in
274 common, the family or household members must be currently
275 residing or have in the past resided together in the same single
276 dwelling unit.
277 ....previously threatened, harassed, stalked, or physically
278 abused the petitioner.
279 ....attempted to harm the petitioner or family members or
280 individuals closely associated with the petitioner.
281 ....threatened to conceal, kidnap, or harm the petitioner’s
282 child or children.
283 ....intentionally injured or killed a family pet.
284 ....used, or has threatened to use, against the petitioner
285 any weapons such as guns or knives.
286 ....physically restrained the petitioner from leaving the
287 home or calling law enforcement.
288 ....a criminal history involving violence or the threat of
289 violence (if known).
290 ....another order of protection issued against him or her
291 previously or from another jurisdiction (if known).
292 ....destroyed personal property, including, but not limited
293 to, telephones or other communication equipment, clothing, or
294 other items belonging to the petitioner.
295 ....engaged in a pattern of abusive, threatening,
296 intimidating, or controlling behavior composed of a series of
297 acts over a period of time, however short.
298 ....engaged in any other behavior or conduct that leads the
299 petitioner to have reasonable cause to believe he or she is in
300 imminent danger of becoming a victim of domestic violence.
301 (i) Petitioner alleges the following additional specific
302 facts: ...(mark appropriate sections)...
303 ....A minor child or minor children reside with the
304 petitioner whose names and ages are as follows:
305
306 ....Petitioner needs the exclusive use and possession of
307 the dwelling that the parties share.
308 ....Petitioner is unable to obtain safe alternative housing
309 because:
310
311 ....Petitioner genuinely fears that respondent imminently
312 will abuse, remove, or hide the minor child or children from
313 petitioner because:
314
315 (j) Petitioner genuinely fears imminent domestic violence
316 by respondent.
317 (k) Petitioner seeks an injunction: ...(mark appropriate
318 section or sections)...
319 ....Immediately restraining the respondent from committing
320 any acts of domestic violence.
321 ....Restraining the respondent from committing any acts of
322 domestic violence.
323 ....Awarding to the petitioner the temporary exclusive use
324 and possession of the dwelling that the parties share or
325 excluding the respondent from the residence of the petitioner.
326 ....Providing a temporary parenting plan, including a
327 temporary time-sharing schedule, with regard to the minor child
328 or children of the parties which might involve prohibiting or
329 limiting time-sharing or requiring that it be supervised by a
330 third party.
331 ....Designating that the exchange of the minor child or
332 children of the parties must occur at a neutral safe exchange
333 location as provided in s. 125.01(8) or a location authorized by
334 a supervised visitation program as defined in s. 753.01 if
335 temporary time-sharing of the child is awarded to the
336 respondent.
337 ....Establishing temporary support for the minor child or
338 children or the petitioner.
339 ....Directing the respondent to participate in a batterers’
340 intervention program.
341 ....Providing any terms the court deems necessary for the
342 protection of a victim of domestic violence, or any minor
343 children of the victim, including any injunctions or directives
344 to law enforcement agencies.
345
346 (c) Every petition for an injunction against domestic
347 violence must contain, directly above the signature line, a
348 statement in all capital letters and bold type not smaller than
349 the surrounding text, as follows:
350
351 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ
352 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
353 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN
354 THIS PETITION ARE BEING MADE UNDER PENALTIES OF
355 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,
356 FLORIDA STATUTES.
357
358 ...(initials)...
359
360 (d) If the verified petition seeks to determine a parenting
361 plan and time-sharing schedule with regard to the minor child or
362 children of the parties, the verified petition must be
363 accompanied by or must incorporate the allegations required by
364 s. 61.522 of the Uniform Child Custody Jurisdiction and
365 Enforcement Act.
366 (4) Upon the filing of the petition, the court shall review
367 the petition ex parte and must set a final hearing to be held at
368 the earliest possible time if it appears the petitioner is a
369 victim of domestic violence or has reasonable cause to believe
370 he or she is in imminent danger of becoming a victim of domestic
371 violence. If a final hearing is set, the respondent must shall
372 be personally served by a law enforcement officer with a copy of
373 the petition, financial affidavit, Uniform Child Custody
374 Jurisdiction and Enforcement Act affidavit, if any, notice of
375 final hearing, and temporary injunction, if any, before prior to
376 the final hearing.
377 (5)(a) Upon review of the petition, if it appears to the
378 court that an immediate and present danger of domestic violence
379 exists, the court may grant a temporary injunction ex parte,
380 pending a final full hearing, and may grant such relief as the
381 court deems proper, including an injunction:
382 1. Restraining the respondent from committing any acts of
383 domestic violence.
384 2. Awarding to the petitioner the temporary exclusive use
385 and possession of the dwelling that the parties share or
386 excluding the respondent from the residence of the petitioner.
387 3. On the same basis as provided in s. 61.13, providing the
388 petitioner a temporary parenting plan, including a time-sharing
389 schedule, which may award the petitioner up to 100 percent of
390 the time-sharing. If temporary time-sharing is awarded to the
391 respondent, the exchange of the child must occur at a neutral
392 safe exchange location as provided in s. 125.01(8) or a location
393 authorized by a supervised visitation program as defined in s.
394 753.01 if the court determines it is in the best interests of
395 the child after consideration of all of the factors specified in
396 s. 61.13(3). The temporary parenting plan remains in effect
397 until the order expires or an order is entered by a court of
398 competent jurisdiction in a pending or subsequent civil action
399 or proceeding affecting the placement of, access to, parental
400 time with, adoption of, or parental rights and responsibilities
401 for the minor child.
402 4. If the petitioner and respondent have an existing
403 parenting plan or time-sharing schedule under another court
404 order, designating that the exchange of the minor child or
405 children of the parties must occur at a neutral safe exchange
406 location as provided in s. 125.01(8) or a location authorized by
407 a supervised visitation program as defined in s. 753.01 if the
408 court determines it is in the best interests of the child after
409 consideration of all of the factors specified in s. 61.13(3).
410 5. Awarding to the petitioner the temporary exclusive care,
411 possession, or control of an animal that is owned, possessed,
412 harbored, kept, or held by the petitioner, the respondent, or a
413 minor child residing in the residence or household of the
414 petitioner or respondent. The court may order the respondent to
415 temporarily have no contact with the animal and prohibit the
416 respondent from taking, transferring, encumbering, concealing,
417 harming, or otherwise disposing of the animal. This subparagraph
418 does not apply to an animal owned primarily for a bona fide
419 agricultural purpose, as defined under s. 193.461, or to a
420 service animal, as defined under s. 413.08, if the respondent is
421 the service animal’s handler.
422 (b) Except as provided in s. 90.204, in an ex parte review
423 or an a hearing ex parte hearing for the purpose of obtaining
424 such ex parte temporary injunction, no evidence other than
425 verified pleadings or affidavits shall be used as evidence,
426 unless the respondent appears at the hearing or has received
427 reasonable notice of the hearing. A denial of a petition for an
428 ex parte temporary injunction shall be by written order noting
429 the legal grounds for denial. When the only ground for denial is
430 no appearance of an immediate and present danger of domestic
431 violence, the court shall set a final full hearing on the
432 petition for injunction with notice at the earliest possible
433 time. Nothing herein affects a petitioner’s right to promptly
434 amend any petition, or otherwise be heard in person on any
435 petition consistent with the Florida Rules of Civil Procedure.
436 (c) Any such ex parte temporary injunction shall be
437 effective for a fixed period not to exceed 15 days. A final full
438 hearing, as provided by this section, shall be set for a date no
439 later than the date when the temporary injunction ceases to be
440 effective. The court may grant a continuance of the hearing
441 before or during a hearing for good cause shown by any party,
442 which shall include a continuance to obtain service of process.
443 Any injunction shall be extended if necessary to remain in full
444 force and effect during any period of continuance.
445 (6)(a) Upon notice and final hearing, when it appears to
446 the court that the petitioner is either the victim of domestic
447 violence as defined by s. 741.28 or has reasonable cause to
448 believe he or she is in imminent danger of becoming a victim of
449 domestic violence, the court may grant such relief as the court
450 deems proper, including an injunction:
451 1. Restraining the respondent from committing any acts of
452 domestic violence.
453 2. Awarding to the petitioner the exclusive use and
454 possession of the dwelling that the parties share or excluding
455 the respondent from the residence of the petitioner.
456 3. On the same basis as provided in chapter 61, providing
457 the petitioner with 100 percent of the time-sharing in a
458 temporary parenting plan that remains in effect until the order
459 expires or an order is entered by a court of competent
460 jurisdiction in a pending or subsequent civil action or
461 proceeding affecting the placement of, access to, parental time
462 with, adoption of, or parental rights and responsibilities for
463 the minor child.
464 4. If the petitioner and respondent have an existing
465 parenting plan or time-sharing schedule under another court
466 order, designating that the exchange of the minor child or
467 children of the parties must occur at a neutral safe exchange
468 location as provided in s. 125.01(8) or a location authorized by
469 a supervised visitation program as defined in s. 753.01 if the
470 court determines it is in the best interests of the child after
471 consideration of all of the factors specified in s. 61.13(3).
472 5. On the same basis as provided in chapter 61,
473 establishing temporary support for a minor child or children or
474 the petitioner. An order of temporary support remains in effect
475 until the order expires or an order is entered by a court of
476 competent jurisdiction in a pending or subsequent civil action
477 or proceeding affecting child support.
478 6. Ordering the respondent to participate in treatment,
479 intervention, or counseling services to be paid for by the
480 respondent. When the court orders the respondent to participate
481 in a batterers’ intervention program, the court, or any entity
482 designated by the court, must provide the respondent with a list
483 of batterers’ intervention programs from which the respondent
484 must choose a program in which to participate.
485 7. Referring a petitioner to a certified domestic violence
486 center. The court must provide the petitioner with a list of
487 certified domestic violence centers in the circuit which the
488 petitioner may contact.
489 8. Awarding to the petitioner the exclusive care,
490 possession, or control of an animal that is owned, possessed,
491 harbored, kept, or held by the petitioner, the respondent, or a
492 minor child residing in the residence or household of the
493 petitioner or respondent. The court may order the respondent to
494 have no contact with the animal and prohibit the respondent from
495 taking, transferring, encumbering, concealing, harming, or
496 otherwise disposing of the animal. This subparagraph does not
497 apply to an animal owned primarily for a bona fide agricultural
498 purpose, as defined under s. 193.461, or to a service animal, as
499 defined under s. 413.08, if the respondent is the service
500 animal’s handler.
501 9. Ordering such other relief as the court deems necessary
502 for the protection of a victim of domestic violence, including
503 injunctions or directives to law enforcement agencies, as
504 provided in this section.
505 (b) In determining whether a petitioner has reasonable
506 cause to believe he or she is in imminent danger of becoming a
507 victim of domestic violence, the court shall consider and
508 evaluate all relevant factors alleged in the petition,
509 including, but not limited to:
510 1. The history between the petitioner and the respondent,
511 including threats, harassment, stalking, strangulation, or other
512 and physical abuse.
513 2. Whether the respondent has attempted to harm the
514 petitioner or family members or individuals closely associated
515 with the petitioner.
516 3. Whether the respondent has threatened to conceal,
517 kidnap, or harm the petitioner’s child or children.
518 4. Whether the respondent has intentionally injured or
519 killed a family pet.
520 5. Whether the respondent has used, or has threatened to
521 use, against the petitioner any weapons such as guns or knives.
522 6. Whether the respondent has physically restrained the
523 petitioner from leaving the home or calling law enforcement.
524 7. Whether the respondent has a criminal history involving
525 violence or the threat of violence.
526 8. The existence of a verifiable order of protection issued
527 previously or from another jurisdiction.
528 9. Whether the respondent has destroyed personal property,
529 including, but not limited to, telephones or other
530 communications equipment, clothing, or other items belonging to
531 the petitioner.
532 10. Whether the respondent has or had engaged in a pattern
533 of abusive, threatening, intimidating, or controlling behavior
534 composed of a series of acts over a period of time, however
535 short, which evidences a continuity of purpose and which
536 reasonably causes the petitioner to believe that the petitioner
537 or his or her minor child or children are in imminent danger of
538 becoming victims of any act of domestic violence.
539 11. Whether the respondent engaged in any other behavior or
540 conduct that leads the petitioner to have reasonable cause to
541 believe that he or she is in imminent danger of becoming a
542 victim of domestic violence.
543
544 In making its determination under this paragraph, the court is
545 not limited to those factors enumerated in subparagraphs 1.-11.
546 (c) The terms of an injunction restraining the respondent
547 under subparagraph (a)1. or ordering other relief for the
548 protection of the victim under subparagraph (a)9. shall remain
549 in effect until modified or dissolved. Either party may move at
550 any time to modify or dissolve the injunction. No specific
551 allegations are required. Such relief may be granted in addition
552 to other civil or criminal remedies.
553 (d) A temporary or final judgment on injunction for
554 protection against domestic violence entered under this section
555 shall, on its face, indicate that:
556 1. The injunction is valid and enforceable in all counties
557 of the State of Florida.
558 2. Law enforcement officers may use their arrest powers
559 under s. 901.15(6) to enforce the terms of the injunction.
560 3. The court had jurisdiction over the parties and matter
561 under the laws of Florida and that reasonable notice and
562 opportunity to be heard was given to the person against whom the
563 order is sought sufficient to protect that person’s right to due
564 process.
565 4. The date the respondent was served with the temporary or
566 final order, if obtainable.
567 (e) An injunction for protection against domestic violence
568 entered under this section, on its face, may order that the
569 respondent attend a batterers’ intervention program as a
570 condition of the injunction. Unless the court makes written
571 factual findings in its judgment or order which are based on
572 substantial evidence, stating why batterers’ intervention
573 programs would be inappropriate, the court shall order the
574 respondent to attend a batterers’ intervention program if:
575 1. It finds that the respondent willfully violated the
576 temporary ex parte injunction;
577 2. The respondent, in this state or any other state, has
578 been convicted of, had adjudication withheld on, or pled nolo
579 contendere to a crime involving violence or a threat of
580 violence; or
581 3. The respondent, in this state or any other state, has
582 had at any time a prior injunction for protection entered
583 against the respondent after a hearing with notice.
584 (f) The fact that a separate order of protection is granted
585 to each opposing party is not legally sufficient to deny any
586 remedy to either party or to prove that the parties are equally
587 at fault or equally endangered.
588 (g) A final judgment on injunction for protection against
589 domestic violence entered under this section must, on its face,
590 indicate that it is a violation of s. 790.233, and a first
591 degree misdemeanor, for the respondent to have in his or her
592 care, custody, possession, or control any firearm or ammunition.
593 (h) All proceedings under this subsection shall be
594 recorded. Recording may be by electronic means as provided by
595 the Rules of General Practice and Judicial Administration.
596 (7) The court shall allow an advocate from a state
597 attorney’s office, an advocate from a law enforcement agency, or
598 an advocate from a certified domestic violence center who is
599 registered under s. 39.905 to be present with the petitioner or
600 respondent during any court proceedings or hearings related to
601 the injunction for protection, provided the petitioner or
602 respondent has made such a request and the advocate is able to
603 be present.
604 (8)(a)1. Within 24 hours after the court sets the case for
605 a final hearing issues an injunction for protection against
606 domestic violence, the clerk of the court shall electronically
607 transmit a copy of the petition, a form for the designation of
608 mail and e-mail address for service, financial affidavit,
609 Uniform Child Custody Jurisdiction and Enforcement Act
610 affidavit, if any, notice of hearing, and temporary injunction,
611 if any, to the sheriff or a law enforcement agency of the county
612 where the respondent resides or can be found, who shall serve it
613 upon the respondent as soon thereafter as possible on any day of
614 the week and at any time of the day or night. The respondent
615 shall inform the clerk of the court of the respondent’s
616 designated mail or e-mail address for subsequent service within
617 1 business day after the respondent has been personally served.
618 An electronic copy of the temporary an injunction must be
619 certified by the clerk of the court, and the electronic copy
620 must be served in the same manner as a certified copy. Upon
621 receiving an electronic copy of the temporary injunction, the
622 sheriff must verify receipt with the sender before attempting to
623 serve it upon the respondent. In addition, if the sheriff is in
624 possession of a temporary an injunction for protection that has
625 been certified by the clerk of the court, the sheriff may
626 electronically transmit a copy of that temporary injunction to a
627 law enforcement officer who shall serve it in the same manner as
628 a certified copy. The clerk of the court is responsible for
629 furnishing to the sheriff such information on the respondent’s
630 physical description and location as is required by the
631 department to comply with the verification procedures set forth
632 in this section. Notwithstanding any other law to the contrary,
633 the chief judge of each circuit, in consultation with the
634 appropriate sheriff, may authorize a law enforcement agency
635 within the jurisdiction to effect service. A law enforcement
636 agency serving injunctions pursuant to this section must use
637 service and verification procedures consistent with those of the
638 sheriff.
639 2. When an injunction is issued, if the petitioner requests
640 the assistance of a law enforcement agency, the court may order
641 that an officer from the appropriate law enforcement agency
642 accompany the petitioner and assist in placing the petitioner in
643 possession of the dwelling or residence, or otherwise assist in
644 the execution or service of the temporary or final injunction. A
645 law enforcement officer must accept a copy of the temporary or
646 final an injunction for protection against domestic violence,
647 certified by the clerk of the court, from the petitioner and
648 immediately serve it upon a respondent who has been located but
649 not yet served.
650 3. All orders issued, changed, continued, extended, or
651 vacated subsequent to the original service of documents
652 enumerated under subparagraph 1. must be certified by the clerk
653 of the court and delivered to the parties at the time of the
654 entry of the subsequent order, if a party is physically present
655 before the court. The parties may acknowledge receipt of such
656 order in writing on the face of the original order. If In the
657 event a party fails or refuses to acknowledge the receipt of a
658 certified copy of an order, the clerk shall note on the original
659 order that service was effected. If delivery at the hearing is
660 not possible or the parties have appeared through audio-video
661 communication technology, the clerk must shall mail or e-mail
662 certified copies of the order to the parties at the last known
663 physical or e-mail address of each party. Service by mail or e
664 mail is complete upon mailing or e-mailing. When an order is
665 served by the clerk of the court pursuant to this subsection,
666 the clerk shall prepare a written certification to be placed in
667 the court file specifying the time, date, and method of service
668 and shall notify the sheriff.
669
670 If the respondent has been served by a law enforcement officer
671 previously with the temporary injunction or a notice of hearing
672 on a and has failed to appear at the initial hearing on the
673 temporary injunction, any subsequent petition for injunction
674 seeking an extension of time, any subsequent temporary or final
675 injunction, or any subsequent order may be served on the
676 respondent by the clerk of the court by certified mail or e-mail
677 in lieu of personal service by a law enforcement officer.
678 (b) A Domestic and Repeat Violence Injunction Statewide
679 Injunction Verification System is created within the Department
680 of Law Enforcement. The department shall establish, implement,
681 and maintain a statewide communication system capable of
682 electronically transmitting information to and between criminal
683 justice agencies relating to domestic violence injunctions,
684 dating violence injunctions, sexual violence injunctions, and
685 repeat violence injunctions, and stalking injunctions issued by
686 the courts throughout the state. Such information must include,
687 but is not limited to, information as to the existence and
688 status of any injunction for verification purposes.
689 (c)1. Within 24 hours after the court issues a temporary an
690 injunction for protection against domestic violence or changes,
691 continues, extends, or vacates an injunction for protection
692 against domestic violence, the clerk of the court must
693 electronically transmit a certified copy of the injunction for
694 service to the sheriff with jurisdiction over the residence of
695 the petitioner. The injunction must be served in accordance with
696 this subsection.
697 2. Within 24 hours after service of process of an
698 injunction for protection against domestic violence upon a
699 respondent, the law enforcement officer must electronically
700 transmit the written proof of service of process to the sheriff
701 with jurisdiction over the residence of the petitioner.
702 3. Within 24 hours after the sheriff receives a certified
703 copy of the injunction for protection against domestic violence,
704 the sheriff must make information relating to the injunction
705 available to other law enforcement agencies by electronically
706 transmitting such information to the department.
707 4. Within 24 hours after the sheriff or other law
708 enforcement officer has made service upon the respondent and the
709 sheriff has been so notified, the sheriff must make information
710 relating to the service available to other law enforcement
711 agencies by electronically transmitting such information to the
712 department.
713 5. Within 24 hours after the court issues a final
714 injunction for protection after a hearing or changes, continues,
715 extends, or vacates an injunction for protection against
716 domestic violence, the clerk must mail or e-mail certified
717 copies of the injunction order to the last known physical or e
718 mail address of each party. Service by mail or e-mail is
719 complete upon mailing or e-mailing. When an order is served
720 pursuant to this subsection by the clerk of the court, the clerk
721 shall prepare a written certification to be placed in the court
722 file specifying the time, date, and method of service. The clerk
723 of the court must electronically transmit a certified copy of
724 the injunction to the sheriff with jurisdiction over the
725 residence of the petitioner. Within 24 hours after the sheriff
726 receives a certified copy of the injunction for protection
727 against domestic violence under this subsection, the sheriff
728 must make information relating to the injunction available to
729 other law enforcement agencies by electronically transmitting
730 such information to the department.
731 6. Subject to available funding, the Florida Association of
732 Court Clerks and Comptrollers shall develop an automated process
733 by which a petitioner may request notification of service of the
734 injunction for protection against domestic violence and other
735 court actions related to the injunction for protection. The
736 automated notice must be made within 12 hours after the sheriff
737 or other law enforcement officer serves the injunction upon the
738 respondent. The notification must include, at a minimum, the
739 date, time, and location where the injunction for protection
740 against domestic violence was served. The Florida Association of
741 Court Clerks and Comptrollers may apply for any available grants
742 to fund the development of the automated process.
743 7.6. Within 24 hours after an injunction for protection
744 against domestic violence is vacated, terminated, or otherwise
745 rendered no longer effective by ruling of the court, the clerk
746 of the court must notify the sheriff receiving original
747 notification of the injunction as provided in subparagraph 2.
748 That agency shall, within 24 hours after receiving such
749 notification from the clerk of the court, notify the department
750 of such action of the court.
751 (d) The petitioner may request a Hope Card under s. 741.311
752 after the court has issued a final injunction order of
753 protection.
754 (9)(a) The court may enforce a violation of an injunction
755 for protection against domestic violence through a civil or
756 criminal contempt proceeding, or the state attorney may
757 prosecute it as a criminal violation under s. 741.31. The court
758 may enforce the respondent’s compliance with the injunction
759 through any appropriate civil and criminal remedies, including,
760 but not limited to, a monetary assessment or a fine. The clerk
761 of the court shall collect and receive such assessments or
762 fines. On a monthly basis, the clerk shall transfer the moneys
763 collected pursuant to this paragraph to the State Treasury for
764 deposit in the Domestic Violence Trust Fund established in s.
765 741.01.
766 (b) If the respondent is arrested by a law enforcement
767 officer under s. 901.15(6) or for a violation of s. 741.31, the
768 respondent shall be held in custody until brought before the
769 court as expeditiously as possible for the purpose of enforcing
770 the injunction and for admittance to bail in accordance with
771 chapter 903 and the applicable rules of criminal procedure,
772 pending a hearing.
773 (10) The petitioner or the respondent may move the court to
774 modify or dissolve an injunction at any time.
775 Section 2. Paragraph (a) of subsection (3), paragraph (b)
776 of subsection (4), and subsections (5) through (9) of section
777 784.046, Florida Statutes, are amended, and paragraph (f) is
778 added to subsection (2) of that section, to read:
779 784.046 Action by victim of repeat violence, sexual
780 violence, or dating violence for protective injunction; dating
781 violence investigations, notice to victims, and reporting;
782 pretrial release violations; public records exemption.—
783 (2) There is created a cause of action for an injunction
784 for protection in cases of repeat violence, there is created a
785 separate cause of action for an injunction for protection in
786 cases of dating violence, and there is created a separate cause
787 of action for an injunction for protection in cases of sexual
788 violence.
789 (f) A court may not issue mutual orders of protection;
790 however, the court is not precluded from issuing separate
791 injunctions for protection against repeat violence, sexual
792 violence, or dating violence if each party has complied with
793 this section. Compliance with this section may not be waived.
794 (3)(a) The clerk of the court shall provide a copy of this
795 section, Supreme Court-approved family law forms for the
796 injunction and any modifications to and the enforcement thereof,
797 and for a designation of mail and e-mail address for service
798 simplified forms, and clerical assistance for the preparation
799 and filing of such a petition by any person who is not
800 represented by counsel.
801 (4)
802 (b) The verified petition must be in substantially the
803 following form:
804
805 PETITION FOR INJUNCTION FOR PROTECTION
806 AGAINST REPEAT VIOLENCE, SEXUAL
807 VIOLENCE, OR DATING VIOLENCE
808
809 The undersigned petitioner ...(name)... declares under
810 penalties of perjury that the following statements are true:
811
812 1. Petitioner resides at ...(address)... (A petitioner for
813 an injunction for protection against repeat violence, sexual
814 violence, or dating violence may furnish an address to the court
815 in a separate confidential filing if, for safety reasons, the
816 petitioner requires the location of his or her current residence
817 to be confidential pursuant to s. 119.071(2)(j), Florida
818 Statutes.)
819 2. Respondent resides at ...(address)....
820 3.a. Petitioner has suffered repeat violence as
821 demonstrated by the fact that the respondent has: ...(enumerate
822 incidents of violence)...
823
824
825
826
827
828 b. Petitioner has suffered sexual violence as demonstrated
829 by the fact that the respondent has: ...(enumerate incident of
830 violence and include incident report number from law enforcement
831 agency or attach notice of inmate release)...
832
833
834
835
836
837 c. Petitioner is a victim of dating violence and has
838 reasonable cause to believe that he or she is in imminent danger
839 of becoming the victim of another act of dating violence or has
840 reasonable cause to believe that he or she is in imminent danger
841 of becoming a victim of dating violence, as demonstrated by the
842 fact that the respondent has: ...(list the specific incident or
843 incidents of violence and describe the length of time of the
844 relationship, whether it has been in existence during the last 6
845 months, the nature of the relationship of a romantic or intimate
846 nature, the frequency and type of interaction, and any other
847 facts that characterize the relationship)...
848
849
850
851
852
853 4. Petitioner genuinely fears repeat violence by the
854 respondent.
855 5. Petitioner seeks: an immediate injunction against the
856 respondent, enjoining him or her from committing any further
857 acts of violence; an injunction enjoining the respondent from
858 committing any further acts of violence; and an injunction
859 providing any terms the court deems necessary for the protection
860 of the petitioner and the petitioner’s immediate family,
861 including any injunctions or directives to law enforcement
862 agencies.
863
864 (5) Upon the filing of the petition, the court shall review
865 the petition ex parte and must set a final hearing to be held at
866 the earliest possible time if it appears that the petitioner
867 meets the criteria of paragraph (2)(a), paragraph (2)(b), or
868 paragraph (2)(c). If a final hearing is set, the respondent must
869 shall be personally served by a law enforcement officer with a
870 copy of the petition, a form for the designation of mail and e
871 mail addresses, notice of final hearing, and temporary
872 injunction, if any, before prior to the final hearing.
873 (6)(a) Upon review of the petition, if When it appears to
874 the court that an immediate and present danger of violence
875 exists, the court may grant a temporary injunction ex parte
876 which may be granted in an ex parte hearing, pending a final
877 full hearing, and may grant such relief as the court deems
878 proper, including an injunction enjoining the respondent from
879 committing any acts of violence.
880 (b) Except as provided in s. 90.204, in an a hearing ex
881 parte review or hearing for the purpose of obtaining such
882 temporary injunction, no evidence other than the verified
883 pleadings or affidavits may not pleading or affidavit shall be
884 used as evidence, unless the respondent appears at the hearing
885 or has received reasonable notice of the hearing. A court’s
886 denial of a petition for an ex parte temporary injunction must
887 be by written order noting the legal grounds for the denial.
888 When the only grounds for denial is no appearance of an
889 immediate and present danger of violence, the court may set a
890 final hearing on the petition without issuing a temporary
891 injunction with notice at the earliest possible time. This
892 paragraph does not affect a petitioner’s right to promptly
893 dismiss a petition, amend a petition, or otherwise be heard in
894 person on a petition consistent with the Florida Rules of Civil
895 Procedure.
896 (c) Any such ex parte temporary injunction shall be
897 effective for a fixed period not to exceed 15 days. However, an
898 ex parte temporary injunction granted under subparagraph
899 (2)(c)2. is effective for 15 days following the date the
900 respondent is released from incarceration. If a final A full
901 hearing is set, it must as provided by this section, shall be
902 set for a date no later than the date when the temporary
903 injunction ceases to be effective. The court may grant a
904 continuance of the temporary ex parte injunction before or
905 during the final and the full hearing before or during a
906 hearing, for good cause shown by any party, which includes a
907 continuance to obtain service of process. Any injunction must be
908 extended if necessary to remain in full force and effect during
909 any period of continuance.
910 (7) Upon notice and final hearing, the court may grant such
911 relief as the court deems proper, including an injunction:
912 (a) Enjoining the respondent from committing any acts of
913 violence.
914 (b) Ordering such other relief as the court deems necessary
915 for the protection of the petitioner, including injunctions or
916 directives to law enforcement agencies, as provided in this
917 section.
918 (c) The terms of the injunction shall remain in full force
919 and effect until modified or dissolved. Either party may move at
920 any time to modify or dissolve the injunction. Such relief may
921 be granted in addition to other civil or criminal remedies.
922 (d) A temporary or final judgment on injunction for
923 protection against repeat violence, sexual violence, or dating
924 violence entered pursuant to this section shall, on its face,
925 indicate that:
926 1. The injunction is valid and enforceable in all counties
927 of the State of Florida.
928 2. Law enforcement officers may use their arrest powers
929 pursuant to s. 901.15(6) to enforce the terms of the injunction.
930 3. The court had jurisdiction over the parties and matter
931 under the laws of Florida and that reasonable notice and
932 opportunity to be heard was given to the person against whom the
933 order is sought sufficient to protect that person’s right to due
934 process.
935 4. The date that the respondent was served with the
936 temporary or final order, if obtainable.
937 (8)(a)1. Within 24 hours after the court sets the case for
938 a final hearing issues an injunction for protection against
939 repeat violence, sexual violence, or dating violence, the clerk
940 of the court shall electronically transmit a copy of the
941 petition, notice of hearing, and temporary injunction, if any,
942 to the sheriff or a law enforcement agency of the county where
943 the respondent resides or can be found, who shall serve it upon
944 the respondent as soon thereafter as possible on any day of the
945 week and at any time of the day or night. The respondent shall
946 inform the clerk of the court of the respondent’s designated
947 mail or e-mail address for subsequent service within 1 business
948 day after the respondent has been personally served. An
949 electronic copy of the temporary an injunction must be certified
950 by the clerk of the court, and the electronic copy must be
951 served in the same manner as a certified copy. Upon receiving an
952 electronic copy of the temporary injunction, the sheriff must
953 verify receipt with the sender before attempting to serve it
954 upon the respondent. In addition, if the sheriff is in
955 possession of the temporary an injunction for protection that
956 has been certified by the clerk of the court, the sheriff may
957 electronically transmit a copy of that temporary injunction to a
958 law enforcement officer who shall serve it in the same manner as
959 a certified copy. The clerk of the court is responsible for
960 furnishing to the sheriff such information on the respondent’s
961 physical description and location as is required by the
962 department to comply with the verification procedures set forth
963 in this section. Notwithstanding any other law to the contrary,
964 the chief judge of each circuit, in consultation with the
965 appropriate sheriff, may authorize a law enforcement agency
966 within the chief judge’s jurisdiction to effect this type of
967 service and to receive a portion of the service fee. A person
968 may not serve or execute a temporary an injunction issued under
969 this section unless the person is a law enforcement officer as
970 defined in chapter 943.
971 2. When an injunction is issued, if the petitioner requests
972 the assistance of a law enforcement agency, the court may order
973 that an officer from the appropriate law enforcement agency
974 accompany the petitioner and assist in the execution or service
975 of the temporary or final injunction. A law enforcement officer
976 must accept a copy of the temporary or final an injunction for
977 protection against repeat violence, sexual violence, or dating
978 violence, certified by the clerk of the court, from the
979 petitioner and immediately serve it upon a respondent who has
980 been located but not yet served.
981 3. All orders issued, changed, continued, extended, or
982 vacated subsequent to the original service of documents
983 enumerated under subparagraph 1. must be certified by the clerk
984 of the court and delivered to the parties at the time of the
985 entry of the subsequent order if a party is physically present
986 before the court. The parties may acknowledge receipt of such
987 order in writing on the face of the original order. If a party
988 fails or refuses to acknowledge the receipt of a certified copy
989 of an order, the clerk must note on the original order that
990 service was effected. If delivery at the hearing is not
991 possible, or the parties have appeared through audio-video
992 communication technology, the clerk must mail or e-mail
993 certified copies of the order to the parties at the last known
994 physical or e-mail address of each party. Service by mail or e
995 mail is complete upon mailing or e-mailing. When an order is
996 served by the clerk of the court pursuant to this subsection,
997 the clerk shall prepare a written certification to be placed in
998 the court file specifying the time, date, and method of service
999 and shall notify the sheriff.
1000
1001 If the respondent has been served by a law enforcement officer
1002 with the temporary injunction or a notice of hearing on a
1003 temporary injunction, any subsequent petition for injunction
1004 seeking an extension of time, or any subsequent temporary
1005 injunction, final injunction, or order, may be served on the
1006 respondent by the clerk of the court by certified mail or e
1007 mail, in lieu of personal service by a law enforcement officer.
1008 4. All proceedings under this paragraph must be recorded.
1009 Recording may be by electronic means as provided by the Rules of
1010 General Practice and Judicial Administration.
1011 (b) A Domestic, Dating, Sexual, and Repeat Violence
1012 Injunction Statewide Injunction Verification System is created
1013 within the Department of Law Enforcement. The department shall
1014 establish, implement, and maintain a statewide communication
1015 system capable of electronically transmitting information to and
1016 between criminal justice agencies relating to domestic violence
1017 injunctions, dating violence injunctions, sexual violence
1018 injunctions, and repeat violence injunctions, and stalking
1019 injunctions issued by the courts throughout the state. Such
1020 information must include, but is not limited to, information as
1021 to the existence and status of any injunction for verification
1022 purposes.
1023 (c)1. Within 24 hours after the court issues an injunction
1024 for protection against repeat violence, sexual violence, or
1025 dating violence or changes or vacates an injunction for
1026 protection against repeat violence, sexual violence, or dating
1027 violence, the clerk of the court must electronically transmit a
1028 copy of the injunction to the sheriff with jurisdiction over the
1029 residence of the petitioner.
1030 2. Within 24 hours after service of process of an
1031 injunction for protection against repeat violence, sexual
1032 violence, or dating violence upon a respondent, the law
1033 enforcement officer must electronically transmit the written
1034 proof of service of process to the sheriff with jurisdiction
1035 over the residence of the petitioner.
1036 3. Within 24 hours after the sheriff receives a certified
1037 copy of the injunction for protection against repeat violence,
1038 sexual violence, or dating violence, the sheriff must make
1039 information relating to the injunction available to other law
1040 enforcement agencies by electronically transmitting such
1041 information to the department.
1042 4. Within 24 hours after the sheriff or other law
1043 enforcement officer has made service upon the respondent and the
1044 sheriff has been so notified, the sheriff must make information
1045 relating to the service available to other law enforcement
1046 agencies by electronically transmitting such information to the
1047 department.
1048 5. Within 24 hours after the court issues a final
1049 injunction for protection after a hearing or changes, continues,
1050 extends, or vacates an injunction for protection against repeat,
1051 sexual, or dating violence, the clerk must mail or e-mail
1052 certified copies of the injunction order to the last known
1053 physical or e-mail address of each party. Service by mail or e
1054 mail is complete upon mailing or e-mailing. When an order is
1055 served pursuant to this subsection, the clerk shall prepare a
1056 written certification to be placed in the court file specifying
1057 the time, date, and method of service. The clerk of the court
1058 shall electronically transmit a certified copy of the injunction
1059 to the sheriff with jurisdiction over the residence of the
1060 petitioner. Within 24 hours after the sheriff receives a
1061 certified copy of the injunction for protection against domestic
1062 violence under this subsection, the sheriff must make
1063 information relating to the injunction available to other law
1064 enforcement agencies by electronically transmitting such
1065 information to the department.
1066 6. Subject to available funding, the Florida Association of
1067 Court Clerks and Comptrollers shall develop an automated process
1068 by which a petitioner may request notification of service of the
1069 injunction for protection against repeat violence, sexual
1070 violence, or dating violence and other court actions related to
1071 the injunction for protection. The automated notice must be made
1072 within 12 hours after the sheriff or other law enforcement
1073 officer serves the injunction upon the respondent. The
1074 notification must include, at a minimum, the date, time, and
1075 location where the injunction for protection against repeat
1076 violence, sexual violence, or dating violence was served. The
1077 Florida Association of Court Clerks and Comptrollers may apply
1078 for any available grants to fund the development of the
1079 automated process.
1080 7.6. Within 24 hours after an injunction for protection
1081 against repeat violence, sexual violence, or dating violence is
1082 lifted, terminated, or otherwise rendered no longer effective by
1083 ruling of the court, the clerk of the court must notify the
1084 sheriff or local law enforcement agency receiving original
1085 notification of the injunction as provided in subparagraph 2.
1086 That agency shall, within 24 hours after receiving such
1087 notification from the clerk of the court, notify the department
1088 of such action of the court.
1089 (d) The petitioner may request a Hope Card under s. 741.311
1090 after the court has issued a final injunction order of
1091 protection.
1092 (9)(a) The court shall enforce, through a civil or criminal
1093 contempt proceeding, a violation of the temporary or final an
1094 injunction for protection. The court may enforce the
1095 respondent’s compliance with the injunction by imposing a
1096 monetary assessment. The clerk of the court shall collect and
1097 receive such assessments. On a monthly basis, the clerk shall
1098 transfer the moneys collected pursuant to this paragraph to the
1099 State Treasury for deposit in the Crimes Compensation Trust Fund
1100 established in s. 960.21.
1101 (b) If the respondent is arrested by a law enforcement
1102 officer under s. 901.15(6) for committing an act of repeat
1103 violence, sexual violence, or dating violence in violation of a
1104 temporary or final an injunction for protection, the respondent
1105 shall be held in custody until brought before the court as
1106 expeditiously as possible for the purpose of enforcing the
1107 injunction and for admittance to bail in accordance with chapter
1108 903 and the applicable rules of criminal procedure, pending a
1109 hearing.
1110 Section 3. Section 784.0485, Florida Statutes, is amended
1111 to read:
1112 784.0485 Stalking; injunction; powers and duties of court
1113 and clerk; petition; notice and hearing; temporary injunction;
1114 issuance of injunction; Statewide Injunction Verification
1115 System; enforcement.—
1116 (1) There is created a cause of action for an injunction
1117 for protection against stalking. For the purposes of injunctions
1118 for protection against stalking under this section, the offense
1119 of stalking shall include the offense of cyberstalking.
1120 (a) A person who is the victim of stalking or the parent or
1121 legal guardian of a minor child who is living at home who seeks
1122 an injunction for protection against stalking on behalf of the
1123 minor child has standing in the circuit court to file a verified
1124 petition for an injunction for protection against stalking.
1125 (b) The cause of action for an injunction for protection
1126 may be sought regardless of whether any other cause of action is
1127 currently pending between the parties. However, the pendency of
1128 any such cause of action shall be alleged in the petition.
1129 (c) The cause of action for an injunction may be sought by
1130 any affected person.
1131 (d) The cause of action for an injunction does not require
1132 either party to be represented by an attorney.
1133 (e) The court may not issue mutual orders of protection;
1134 however, the court is not precluded from issuing separate
1135 injunctions for protection against stalking if each party has
1136 complied with this section. Compliance with this section may not
1137 be waived.
1138 (f) Notwithstanding chapter 47, a petition for an
1139 injunction for protection against stalking may be filed in the
1140 circuit where the petitioner currently or temporarily resides,
1141 where the respondent resides, or where the stalking occurred.
1142 There is no minimum requirement of residency to petition for an
1143 injunction for protection.
1144 (2)(a) Notwithstanding any other law, the clerk of court
1145 may not assess a filing fee to file a petition for protection
1146 against stalking. However, subject to legislative appropriation,
1147 the clerk of the circuit court may, on a quarterly basis, submit
1148 to the Justice Administrative Commission a certified request for
1149 reimbursement for petitions for protection against stalking
1150 issued by the court, at the rate of $40 per petition. The
1151 request for reimbursement must be submitted in the form and
1152 manner prescribed by the Justice Administrative Commission. From
1153 this reimbursement, the clerk shall pay any law enforcement
1154 agency serving the injunction the fee requested by the law
1155 enforcement agency; however, this fee may not exceed $20.
1156 (b) A bond is not required by the court for the entry of an
1157 injunction.
1158 (c)1. The clerk of the court shall assist petitioners in
1159 seeking both injunctions for protection against stalking and
1160 enforcement of a violation thereof as specified in this section.
1161 2. All offices of the clerk of the court shall provide
1162 Supreme Court-approved family law simplified petition forms for
1163 the injunction and any modifications to and the enforcement
1164 thereof, and for a designation of mail and e-mail addresses for
1165 service, including instructions for completion.
1166 3. The clerk of the court shall ensure the petitioner’s
1167 privacy to the extent practicable while completing the forms for
1168 an injunction for protection against stalking.
1169 4. The clerk of the court shall provide a petitioner with a
1170 minimum of two certified copies of the order of injunction, one
1171 of which is serviceable and will inform the petitioner of the
1172 process for service and enforcement.
1173 5. The clerk of the court and appropriate staff in each
1174 county shall receive training in the effective assistance of
1175 petitioners as provided or approved by the Florida Association
1176 of Court Clerks and Comptrollers.
1177 6. The clerk of the court in each county shall make
1178 available informational brochures on stalking when such a
1179 brochure is provided by the local certified domestic violence
1180 center or certified rape crisis center.
1181 7. The clerk of the court in each county shall distribute a
1182 statewide uniform informational brochure to petitioners at the
1183 time of filing for an injunction for protection against stalking
1184 when such brochures become available. The brochure must include
1185 information about the effect of giving the court false
1186 information.
1187 (3)(a) The verified petition shall allege the existence of
1188 such stalking and shall include the specific facts and
1189 circumstances for which relief is sought.
1190 (b) The verified petition shall be in substantially the
1191 following form:
1192
1193 PETITION FOR INJUNCTION
1194 FOR PROTECTION AGAINST STALKING
1195
1196 The undersigned petitioner ...(name)... declares under
1197 penalties of perjury that the following statements are
1198 true:
1199
1200 1. Petitioner resides at: ...(address)...
1201 (Petitioner may furnish the address to the court in a
1202 separate confidential filing if, for safety reasons,
1203 the petitioner requires the location of the current
1204 residence to be confidential.)
1205 2. Respondent resides at: ...(last known address)...
1206 3. Respondent’s last known place of employment:
1207 ...(name of business and address)...
1208 4. Physical description of respondent: ....
1209 5. Race: ....
1210 6. Sex: ....
1211 7. Date of birth: ....
1212 8. Height: ....
1213 9. Weight: ....
1214 10. Eye color: ....
1215 11. Hair color: ....
1216 12. Distinguishing marks or scars: ....
1217 13. Aliases of respondent: ....
1218
1219 (c) The petitioner shall describe any other cause of action
1220 currently pending between the petitioner and respondent. The
1221 petitioner shall also describe any previous attempt by the
1222 petitioner to obtain an injunction for protection against
1223 stalking in this or any other circuit, and the result of that
1224 attempt. (Case numbers should be included, if available.)
1225 (d) The petition must provide space for the petitioner to
1226 specifically allege that he or she is a victim of stalking
1227 because respondent has:
1228
1229 (Mark all sections that apply and describe in the
1230 spaces below the incidents of stalking specifying when
1231 and where they occurred, including, but not limited
1232 to, locations such as a home, school, or place of
1233 employment.)
1234
1235 .... Committed stalking.
1236 .... Previously threatened, harassed, stalked,
1237 cyberstalked, or physically abused the petitioner.
1238 .... Threatened to harm the petitioner or family members or
1239 individuals closely associated with the petitioner.
1240 .... Intentionally injured or killed a family pet.
1241 .... Used, or threatened to use, against the petitioner any
1242 weapons such as guns or knives.
1243 .... A criminal history involving violence or the threat of
1244 violence, if known.
1245 .... Another order of protection issued against him or her
1246 previously or from another jurisdiction, if known.
1247 .... Destroyed personal property, including, but not
1248 limited to, telephones or other communication equipment,
1249 clothing, or other items belonging to the petitioner.
1250
1251 (e) The petitioner seeks an injunction:
1252
1253 (Mark appropriate section or sections.)
1254
1255 .... Immediately restraining the respondent from committing
1256 any acts of stalking.
1257 .... Restraining the respondent from committing any acts of
1258 stalking.
1259 .... Providing any terms the court deems necessary for the
1260 protection of a victim of stalking, including any injunctions or
1261 directives to law enforcement agencies.
1262
1263 (f) Every petition for an injunction against stalking must
1264 contain, directly above the signature line, a statement in all
1265 capital letters and bold type not smaller than the surrounding
1266 text, as follows:
1267
1268 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ
1269 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
1270 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN
1271 THIS PETITION ARE BEING MADE UNDER PENALTIES OF
1272 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,
1273 FLORIDA STATUTES.
1274
1275 ...(initials)...
1276
1277 (4) Upon the filing of the petition, the court shall review
1278 the petition ex parte and must set a final hearing to be held at
1279 the earliest possible time if it appears that the petitioner is
1280 a victim of stalking. If a final hearing is set, the respondent
1281 must shall be personally served by a law enforcement officer
1282 with a copy of the petition, notice of hearing, and temporary
1283 injunction, if any, before the final hearing.
1284 (5)(a) Upon review of the petition, if it appears to the
1285 court that stalking exists, the court may grant a temporary
1286 injunction ex parte, pending a final full hearing, and may grant
1287 such relief as the court deems proper, including an injunction
1288 restraining the respondent from committing any act of stalking.
1289 (b) Except as provided in s. 90.204, in an ex parte review
1290 or an a hearing ex parte hearing for the purpose of obtaining
1291 such ex parte temporary injunction, evidence other than verified
1292 pleadings or affidavits may not be used as evidence, unless the
1293 respondent appears at the hearing or has received reasonable
1294 notice of the hearing. A denial of a petition for an ex parte
1295 temporary injunction shall be by written order noting the legal
1296 grounds for denial. If the only ground for denial is no
1297 appearance of an immediate and present danger of stalking, the
1298 court shall set a final full hearing on the petition for
1299 injunction with notice at the earliest possible time. This
1300 paragraph does not affect a petitioner’s right to promptly amend
1301 any petition, or otherwise be heard in person on any petition
1302 consistent with the Florida Rules of Civil Procedure.
1303 (c) Any such ex parte temporary injunction is effective for
1304 a fixed period not to exceed 15 days. If a final full hearing is
1305 set, as provided in this section, the hearing shall be set for a
1306 date no later than the date when the temporary injunction ceases
1307 to be effective. The court may grant a continuance of the
1308 hearing before or during the a hearing for good cause shown by
1309 any party, which shall include a continuance to obtain service
1310 of process. An injunction shall be extended if necessary to
1311 remain in full force and effect during any period of
1312 continuance.
1313 (6)(a) Upon notice and final hearing, when it appears to
1314 the court that the petitioner is the victim of stalking, the
1315 court may grant such relief as the court deems proper, including
1316 an injunction:
1317 1. Restraining the respondent from committing any act of
1318 stalking.
1319 2. Ordering the respondent to participate in treatment,
1320 intervention, or counseling services to be paid for by the
1321 respondent.
1322 3. Referring a petitioner to appropriate services. The
1323 court may provide the petitioner with a list of certified
1324 domestic violence centers, certified rape crisis centers, and
1325 other appropriate referrals in the circuit which the petitioner
1326 may contact.
1327 4. Ordering such other relief as the court deems necessary
1328 for the protection of a victim of stalking, including
1329 injunctions or directives to law enforcement agencies, as
1330 provided in this section.
1331 (b) The terms of an injunction restraining the respondent
1332 under subparagraph (a)1. or ordering other relief for the
1333 protection of the victim under subparagraph (a)4. shall remain
1334 in effect until modified or dissolved. Either party may move at
1335 any time to modify or dissolve the injunction. Specific
1336 allegations are not required. Such relief may be granted in
1337 addition to other civil or criminal remedies.
1338 (c) A temporary or final judgment on injunction for
1339 protection against stalking entered pursuant to this section
1340 shall, on its face, indicate:
1341 1. That the injunction is valid and enforceable in all
1342 counties of this state.
1343 2. That law enforcement officers may use their arrest
1344 powers pursuant to s. 901.15(6) to enforce the terms of the
1345 injunction.
1346 3. That the court has jurisdiction over the parties and
1347 matter under the laws of this state and that reasonable notice
1348 and opportunity to be heard was given to the person against whom
1349 the order is sought sufficient to protect that person’s right to
1350 due process.
1351 4. The date that the respondent was served with the
1352 temporary or final injunction order, if obtainable.
1353 (d) The fact that a separate injunction order of protection
1354 is granted to each opposing party is not legally sufficient to
1355 deny any remedy to either party or to prove that the parties are
1356 equally at fault or equally endangered.
1357 (e) A final judgment on an injunction for protection
1358 against stalking entered pursuant to this section must, on its
1359 face, provide that it is a violation of s. 790.233 and a
1360 misdemeanor of the first degree for the respondent to have in
1361 his or her care, custody, possession, or control any firearm or
1362 ammunition.
1363 (f) All proceedings under this subsection shall be
1364 recorded. Recording may be by electronic means as provided by
1365 the Rules of General Practice and Judicial Administration.
1366 (7) The court shall allow an advocate from a state
1367 attorney’s office, a law enforcement agency, a certified rape
1368 crisis center, or a certified domestic violence center who is
1369 registered under s. 39.905 to be present with the petitioner or
1370 respondent during any court proceedings or hearings related to
1371 the injunction for protection if the petitioner or respondent
1372 has made such a request and the advocate is able to be present.
1373 (8)(a)1. Within 24 hours after the court sets the case for
1374 a final hearing issues an injunction for protection against
1375 stalking, the clerk of the court shall electronically transmit a
1376 copy of the petition, designation of mailing and e-mail address,
1377 notice of hearing, and temporary injunction, if any, to the
1378 sheriff or a law enforcement agency of the county where the
1379 respondent resides or can be found, who shall serve it upon the
1380 respondent as soon thereafter as possible on any day of the week
1381 and at any time of the day or night. The respondent shall inform
1382 the clerk of court of the respondent’s designated mail or e-mail
1383 address for subsequent service within 1 business day after the
1384 respondent has been personally served. An electronic copy of the
1385 temporary an injunction must be certified by the clerk of the
1386 court, and the electronic copy must be served in the same manner
1387 as a certified copy. Upon receiving an electronic copy of the
1388 temporary injunction, the sheriff must verify receipt with the
1389 sender before attempting to serve it on the respondent. In
1390 addition, if the sheriff is in possession of a temporary an
1391 injunction for protection that has been certified by the clerk
1392 of the court, the sheriff may electronically transmit a copy of
1393 that temporary injunction to a law enforcement officer who shall
1394 serve it in the same manner as a certified copy. The clerk of
1395 the court shall furnish to the sheriff such information
1396 concerning the respondent’s physical description and location as
1397 is required by the Department of Law Enforcement to comply with
1398 the verification procedures set forth in this section.
1399 Notwithstanding any other law, the chief judge of each circuit,
1400 in consultation with the appropriate sheriff, may authorize a
1401 law enforcement agency within the jurisdiction to effect
1402 service. A law enforcement agency serving injunctions pursuant
1403 to this section must use service and verification procedures
1404 consistent with those of the sheriff.
1405 2. If an injunction is issued and the petitioner requests
1406 the assistance of a law enforcement agency, the court may order
1407 that an officer from the appropriate law enforcement agency
1408 accompany the petitioner to assist in the execution or service
1409 of the temporary or final injunction. A law enforcement officer
1410 must accept a copy of a temporary or final an injunction for
1411 protection against stalking, certified by the clerk of the
1412 court, from the petitioner and immediately serve it upon a
1413 respondent who has been located but not yet served.
1414 3. An order issued, changed, continued, extended, or
1415 vacated subsequent to the original service of documents
1416 enumerated under subparagraph 1. must be certified by the clerk
1417 of the court and delivered to the parties at the time of the
1418 entry of the order. The parties may acknowledge receipt of such
1419 order in writing on the face of the original order. If a party
1420 fails or refuses to acknowledge the receipt of a certified copy
1421 of an order, the clerk must shall note on the original order
1422 that service was effected. If delivery at the hearing is not
1423 possible, or the parties have appeared through audio-video
1424 communication technology, the clerk shall mail or e-mail
1425 certified copies of the order to the parties at the last known
1426 physical or e-mail address of each party. Service by mail or e
1427 mail is complete upon mailing or e-mailing. When an order is
1428 served by the clerk of the court pursuant to this subsection,
1429 the clerk shall prepare a written certification to be placed in
1430 the court file specifying the time, date, and method of service
1431 and shall notify the sheriff.
1432 4. If the respondent has been served by a law enforcement
1433 officer previously with the a temporary injunction or a notice
1434 of hearing on a and has failed to appear at the initial hearing
1435 on the temporary injunction, any subsequent petition for
1436 injunction seeking an extension of time, any subsequent
1437 temporary or final injunction, or any subsequent order may be
1438 served on the respondent by the clerk of the court by certified
1439 mail or e-mail in lieu of personal service by a law enforcement
1440 officer.
1441 5. A Statewide Injunction Verification System is created
1442 within the Department of Law Enforcement. The department shall
1443 establish, implement, and maintain a statewide communication
1444 system capable of electronically transmitting information to and
1445 between criminal justice agencies relating to domestic violence
1446 injunctions, dating violence injunctions, sexual violence
1447 injunctions, repeat violence injunctions, and stalking
1448 injunctions issued by the courts throughout this state. Such
1449 information must include, but is not limited to, information as
1450 to the existence and status of any injunction for verification
1451 purposes.
1452 (b)1. Subsequent to the original service of documents in
1453 subparagraph (a)1., the clerk of the court, within 24 hours
1454 after the court issues a final an injunction for protection
1455 against stalking or changes, continues, extends, or vacates a
1456 temporary an injunction for protection against stalking, the
1457 clerk of the court must electronically transmit a certified copy
1458 of the injunction for service to the sheriff having jurisdiction
1459 over the residence of the petitioner. The clerk must mail or e
1460 mail certified copies of the order to the parties to the last
1461 known physical or e-mail address of each party. Service by mail
1462 or e-mail is complete upon mailing or e-mailing. When an order
1463 is served pursuant to this subsection, the clerk shall prepare a
1464 written certification to be placed in the court file specifying
1465 the time, date, and method of service and shall electronically
1466 transmit a certified copy of the order to the sheriff with
1467 jurisdiction over the residence of the petitioner The injunction
1468 must be served in accordance with this subsection.
1469 2. Within 24 hours after service of process of an
1470 injunction for protection against stalking upon a respondent,
1471 the law enforcement officer must electronically transmit the
1472 written proof of service of process to the sheriff having
1473 jurisdiction over the residence of the petitioner.
1474 3. Within 24 hours after the sheriff receives a certified
1475 copy of the injunction for protection against stalking, the
1476 sheriff must make information relating to the injunction
1477 available to other law enforcement agencies by electronically
1478 transmitting such information to the Department of Law
1479 Enforcement.
1480 4. Within 24 hours after the sheriff or other law
1481 enforcement officer has made service upon the respondent and the
1482 sheriff has been so notified, the sheriff must make information
1483 relating to the service available to other law enforcement
1484 agencies by electronically transmitting such information to the
1485 Department of Law Enforcement.
1486 5. Within 24 hours after the court issues a final
1487 injunction for protection after a hearing or changes, continues,
1488 extends, or vacates an injunction for protection against
1489 stalking is vacated, terminated, or otherwise rendered no longer
1490 effective by ruling of the court, the clerk of the court must
1491 mail or e-mail certified copies of the injunction order to the
1492 last known physical or e-mail address of each party. Service by
1493 mail or e-mail is complete upon mailing or e-mailing. When an
1494 order is served pursuant to this subsection, the clerk shall
1495 prepare a written certification to be placed in the court file
1496 specifying the time, date, and method or service. The clerk of
1497 the court must electronically transmit a certified copy of the
1498 injunction to the sheriff with jurisdiction over the residence
1499 of the petitioner. Within 24 hours after the sheriff receives a
1500 certified copy of the injunction for protection against stalking
1501 under this subsection, the sheriff must make information
1502 relating to the injunction available to other law enforcement
1503 agencies by electronically transmitting such information to
1504 notify the sheriff receiving original notification of the
1505 injunction as provided in subparagraph 2. That agency shall,
1506 within 24 hours after receiving such notification from the clerk
1507 of the court, notify the Department of Law Enforcement of such
1508 action of the court.
1509 (c) The petitioner may request a Hope Card under s. 741.311
1510 after the court has issued a final injunction order of
1511 protection.
1512 (9)(a) The court may enforce a violation of a temporary or
1513 final an injunction for protection against stalking through a
1514 civil or criminal contempt proceeding, or the state attorney may
1515 prosecute it as a criminal violation under s. 784.0487. Any
1516 assessments or fines ordered by the court enforcing such an
1517 injunction shall be collected by the clerk of the court and
1518 transferred on a monthly basis to the State Treasury for deposit
1519 into the Domestic Violence Trust Fund.
1520 (b) If the respondent is arrested by a law enforcement
1521 officer under s. 901.15(6) or for a violation of s. 784.0487,
1522 the respondent shall be held in custody until brought before the
1523 court as expeditiously as possible for the purpose of enforcing
1524 the injunction and for admittance to bail in accordance with
1525 chapter 903 and the applicable rules of criminal procedure,
1526 pending a hearing.
1527 (10) The petitioner or the respondent may move the court to
1528 modify or dissolve an injunction at any time.
1529 Section 4. Paragraph (a) of subsection (3) of section
1530 61.1825, Florida Statutes, is amended to read:
1531 61.1825 State Case Registry.—
1532 (3)(a) For the purpose of this section, a family violence
1533 indicator must be placed on a record when:
1534 1. A party executes a sworn statement requesting that a
1535 family violence indicator be placed on that party’s record which
1536 states that the party has reason to believe that release of
1537 information to the Federal Case Registry may result in physical
1538 or emotional harm to the party or the child; or
1539 2. A temporary or final injunction for protection against
1540 domestic violence has been granted pursuant to s. 741.30(6), an
1541 injunction for protection against domestic violence has been
1542 issued by a court of a foreign state pursuant to s. 741.315, or
1543 a temporary or final injunction for protection against repeat
1544 violence has been granted pursuant to s. 784.046; or
1545 3. The department has received information on a Title IV-D
1546 case from the Statewide Domestic, Dating, Sexual, and Repeat
1547 Violence Injunction Statewide Verification System, established
1548 pursuant to s. 784.046(8)(b), that a court has granted a party a
1549 domestic violence or repeat violence injunction.
1550 Section 5. Paragraph (e) of subsection (2) of section
1551 943.05, Florida Statutes, is amended to read:
1552 943.05 Criminal Justice Information Program; duties; crime
1553 reports.—
1554 (2) The program shall:
1555 (e) Establish, implement, and maintain a Statewide Domestic
1556 and Repeat Violence Injunction Statewide Verification System
1557 capable of electronically transmitting information to and
1558 between criminal justice agencies relating to domestic violence
1559 injunctions, injunctions to prevent child abuse issued under
1560 chapter 39, and repeat violence injunctions issued by the courts
1561 throughout the state. Such information must include, but is not
1562 limited to, information as to the existence and status of any
1563 such injunction for verification purposes.
1564 Section 6. For the purpose of incorporating the amendment
1565 made by this act to section 741.30, Florida Statutes, in a
1566 reference thereto, subsection (5) of section 39.504, Florida
1567 Statutes, is reenacted to read:
1568 39.504 Injunction; penalty.—
1569 (5) Service of process on the respondent shall be carried
1570 out pursuant to s. 741.30. The department shall deliver a copy
1571 of any injunction issued pursuant to this section to the
1572 protected party or to a parent, caregiver, or individual acting
1573 in the place of a parent who is not the respondent. Law
1574 enforcement officers may exercise their arrest powers as
1575 provided in s. 901.15(6) to enforce the terms of the injunction.
1576 Section 7. For the purpose of incorporating the amendment
1577 made by this act to section 741.30, Florida Statutes, in a
1578 reference thereto, paragraph (b) of subsection (3) of section
1579 44.407, Florida Statutes, is reenacted to read:
1580 44.407 Elder-focused dispute resolution process.—
1581 (3) REFERRAL.—
1582 (b) The court may not refer a party who has a history of
1583 domestic violence or exploitation of an elderly person to
1584 eldercaring coordination unless the elder and other parties in
1585 the action consent to such referral.
1586 1. The court shall offer each party an opportunity to
1587 consult with an attorney or a domestic violence advocate before
1588 accepting consent to such referral. The court shall determine
1589 whether each party has given his or her consent freely and
1590 voluntarily.
1591 2. The court shall consider whether a party has committed
1592 an act of exploitation as defined in s. 415.102, exploitation of
1593 an elderly person or disabled adult as defined in s. 825.103(1),
1594 or domestic violence as defined in s. 741.28 against another
1595 party or any member of another party’s family; engaged in a
1596 pattern of behaviors that exert power and control over another
1597 party and that may compromise another party’s ability to
1598 negotiate a fair result; or engaged in behavior that leads
1599 another party to have reasonable cause to believe that he or she
1600 is in imminent danger of becoming a victim of domestic violence.
1601 The court shall consider and evaluate all relevant factors,
1602 including, but not limited to, the factors specified in s.
1603 741.30(6)(b).
1604 3. If a party has a history of domestic violence or
1605 exploitation of an elderly person, the court must order
1606 safeguards to protect the safety of the participants and the
1607 elder and the elder’s property, including, but not limited to,
1608 adherence to all provisions of an injunction for protection or
1609 conditions of bail, probation, or a sentence arising from
1610 criminal proceedings.
1611 Section 8. For the purpose of incorporating the amendment
1612 made by this act to section 741.30, Florida Statutes, in a
1613 reference thereto, paragraph (b) of subsection (4) of section
1614 61.125, Florida Statutes, is reenacted to read:
1615 61.125 Parenting coordination.—
1616 (4) DOMESTIC VIOLENCE ISSUES.—
1617 (b) In determining whether there has been a history of
1618 domestic violence, the court shall consider whether a party has
1619 committed an act of domestic violence as defined s. 741.28, or
1620 child abuse as defined in s. 39.01, against the other party or
1621 any member of the other party’s family; engaged in a pattern of
1622 behaviors that exert power and control over the other party and
1623 that may compromise the other party’s ability to negotiate a
1624 fair result; or engaged in behavior that leads the other party
1625 to have reasonable cause to believe he or she is in imminent
1626 danger of becoming a victim of domestic violence. The court
1627 shall consider and evaluate all relevant factors, including, but
1628 not limited to, the factors listed in s. 741.30(6)(b).
1629 Section 9. For the purpose of incorporating the amendment
1630 made by this act to section 741.30, Florida Statutes, in a
1631 reference thereto, subsection (1) of section 741.29, Florida
1632 Statutes, is reenacted to read:
1633 741.29 Domestic violence; investigation of incidents;
1634 notice to victims of legal rights and remedies; reporting.—
1635 (1) Any law enforcement officer who investigates an alleged
1636 incident of domestic violence shall:
1637 (a) Assist the victim to obtain medical treatment if such
1638 is required as a result of the alleged incident to which the
1639 officer responds;
1640 (b) Advise the victim of such violence that there is a
1641 domestic violence center from which the victim may receive
1642 services;
1643 (c) Administer a lethality assessment consistent with the
1644 requirements established in subsection (2) if the allegation of
1645 domestic violence is against an intimate partner, regardless of
1646 whether an arrest is made; and
1647 (d) Give the victim immediate notice of the legal rights
1648 and remedies available on a standard form developed and
1649 distributed by the department. As necessary, the department
1650 shall revise the Legal Rights and Remedies Notice to Victims to
1651 include a general summary of s. 741.30 using simple English as
1652 well as Spanish, and shall distribute the notice as a model form
1653 to be used by all law enforcement agencies throughout this
1654 state. The notice must include:
1655 1. The resource listing, including telephone number, for
1656 the area domestic violence center designated by the Department
1657 of Children and Families; and
1658 2. A copy of the following statement:
1659
1660 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may
1661 ask the state attorney to file a criminal complaint.
1662 You also have the right to go to court and file a
1663 petition requesting an injunction for protection from
1664 domestic violence which may include, but need not be
1665 limited to, provisions which restrain the abuser from
1666 further acts of abuse; direct the abuser to leave your
1667 household; prevent the abuser from entering your
1668 residence, school, business, or place of employment;
1669 award you custody of your minor child or children; and
1670 direct the abuser to pay support to you and the minor
1671 children if the abuser has a legal obligation to do
1672 so.
1673
1674 Section 10. This act shall take effect July 1, 2026.