HB 1105 full text · Session Watch

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 file a designation of his

21 or her mailing or e-mail address with the clerk of the

22 court for subsequent service; revising the

23 circumstances under which the clerk of the court must

24 mail or e-mail certified copies of certain orders to

25 the parties; specifying that service by e-mail is

26 complete upon e-mailing; revising the name of the

27 Domestic and Repeat Violence Injunction Statewide

28 Verification System created within the Department of

29 Law Enforcement to the Statewide Injunction

30 Verification System; revising the injunctions required

31 to be maintained in the system; revising the

32 circumstances under which the clerk of the court must

33 mail or e-mail certified copies of certain orders to

34 the parties; requiring the court, upon the filing of a

35 petition, to review the petition ex parte and set a

36 final hearing at the earliest possible time under

37 certain circumstances; making technical and conforming

38 changes; amending s. 784.046, F.S.; prohibiting a

39 court from issuing mutual orders of protection;

40 revising the required forms, motions, and information

41 the clerks of the court must provide to assist

42 petitioners unrepresented by counsel; requiring that a

43 respondent be personally served by a law enforcement

44 officer if a final hearing is set; requiring that a

45 court's denial of a petition for an ex parte temporary

46 injunction be by certain written order; specifying

47 that good cause for a continuance includes obtaining

48 service of process by any party; requiring that all

49 specified proceedings be recorded; requiring a

50 respondent, within 1 business day after being served,

51 to file a designation of his or her mailing or e-mail

52 address with the clerk of the court for subsequent

53 service; revising the circumstances under which the

54 clerk of the court must mail or e-mail certified

55 copies of certain orders to the parties; specifying

56 that service by mail or e-mail is complete upon

57 mailing or e-mailing; requiring the clerk of the court

58 to prepare a certain written certification when a

59 certain order is served by the clerk; revising the

60 name of the Domestic and Repeat Violence Injunction

61 Statewide Verification System created within the

62 Department of Law Enforcement to the Statewide

63 Injunction Verification System; revising the

64 injunctions required to be maintained in the system;

65 specifying the circumstances under which the clerk of

66 the court must mail or e-mail certified copies of

67 certain injunction orders to the parties; specifying

68 that service by mail or e-mail is complete upon

69 mailing or e-mailing; providing requirements regarding

70 service of process; making technical and conforming

71 changes; amending s. 784.0485, F.S.; revising the

72 required forms, motions, and information all clerk of

73 the court offices must provide to assist petitioners;

74 requiring the court, upon the filing of a petition for

75 an injunction for protection against stalking, to

76 review the petition ex parte and set a final hearing

77 at the earliest possible time under certain

78 circumstances; requiring that a respondent be

79 personally served by a law enforcement officer if a

80 final hearing is set; revising what the clerk of the

81 court, within a specified timeframe after the court

82 sets the case for a final hearing, is required to

83 transmit to the sheriff or a law enforcement agency

84 for service; requiring a respondent, within 1 business

85 day after being served, to file a designation of his

86 or her mailing or e-mail address with the clerk of the

87 court for subsequent service; revising the

88 circumstances under which the clerk of the court must

89 mail or e-mail certified copies of certain orders to

90 the parties; specifying that service by e-mail is

91 complete upon e-mailing; specifying the circumstances

92 under which the clerk of the court must mail or e-mail

93 certified copies of certain orders to the parties;

94 specifying that service by mail or e-mail is complete

95 upon mailing or e-mailing; requiring the clerk of the

96 court to prepare a certain written certification when

97 a certain order is served by the clerk; making

98 technical and conforming changes; amending ss. 61.1825

99 and 943.05, F.S.; conforming provisions to changes

100 made by the act; reenacting ss. 39.504(5),

101 44.407(3)(b), 61.125(4)(b), and 741.29(1), F.S.,

102 relating to injunctions and penalties, the elder-

103 focused dispute resolution process, parenting

104 coordination, and investigation of domestic violence

105 incidents, respectively, to incorporate the amendment

106 made to s. 741.30, F.S., in references thereto;

107 providing an effective date.

109 Be It Enacted by the Legislature of the State of Florida:

111 Section 1. Section 741.30, Florida Statutes, is amended to

112 read:

113 741.30 Domestic violence; injunction; powers and duties of

114 court and clerk; petition; notice and hearing; temporary

115 injunction; issuance of injunction; Statewide Injunction

116 Verification System; enforcement; public records exemption.—

117 (1) There is created a cause of action for an injunction

118 for protection against domestic violence.

119 (a) Any person described in paragraph (e), who is either

120 the victim of domestic violence as defined in s. 741.28 or has

121 reasonable cause to believe he or she is in imminent danger of

122 becoming the victim of any act of domestic violence, has

123 standing in the circuit court to file a verified petition for an

124 injunction for protection against domestic violence.

125 (b) This cause of action for an injunction may be sought

126 whether or not any other cause of action is currently pending

127 between the parties. However, the pendency of any such cause of

128 action shall be alleged in the petition.

129 (c) In the event a subsequent cause of action is filed

130 under chapter 61, any orders entered therein shall take

131 precedence over any inconsistent provisions of an injunction

132 issued under this section which addresses matters governed by

133 chapter 61.

134 (d) A person's right to petition for an injunction shall

135 not be affected by such person having left a residence or

136 household to avoid domestic violence.

137 (e) This cause of action for an injunction may be sought

138 by family or household members. No person shall be precluded

139 from seeking injunctive relief pursuant to this chapter solely

140 on the basis that such person is not a spouse.

141 (f) This cause of action for an injunction shall not

142 require that either party be represented by an attorney.

143 (g) Any person, including an officer of the court, who

144 offers evidence or recommendations relating to the cause of

145 action must either present the evidence or recommendations in

146 writing to the court with copies to each party and their

147 attorney, or must present the evidence under oath at a hearing

148 at which all parties are present.

149 (h) Nothing in this section shall affect the title to any

150 real estate.

151 (i) The court is prohibited from issuing mutual orders of

152 protection. This does not preclude the court from issuing

153 separate injunctions for protection against domestic violence

154 where each party has complied with the provisions of this

155 section. Compliance with the provisions of this section cannot

156 be waived.

157 (j) Notwithstanding any provision of chapter 47, a

158 petition for an injunction for protection against domestic

159 violence may be filed in the circuit where the petitioner

160 currently or temporarily resides, where the respondent resides,

161 or where the domestic violence occurred. There is no minimum

162 requirement of residency to petition for an injunction for

163 protection.

164 (2)(a) Notwithstanding any other law, the assessment of a

165 filing fee for a petition for protection against domestic

166 violence is prohibited. However, subject to legislative

167 appropriation, the clerk of the circuit court may, on a

168 quarterly basis, submit to the Justice Administrative Commission

169 a certified request for reimbursement for petitions for

170 protection against domestic violence issued by the court, at the

171 rate of $40 per petition. The request for reimbursement must be

172 submitted in the form and manner prescribed by the Justice

173 Administrative Commission. From this reimbursement, the clerk

174 shall pay any law enforcement agency serving the injunction the

175 fee requested by the law enforcement agency; however, this fee

176 may not exceed $20.

177 (b) No bond shall be required by the court for the entry

178 of an injunction.

179 (c)1. The clerk of the court shall assist petitioners in

180 seeking both injunctions for protection against domestic

181 violence and enforcement for a violation thereof as specified in

182 this section.

183 2. All clerks' offices shall provide simplified petition

184 forms for the injunction, any motion for modifications, any

185 motion for ~~and~~ the enforcement thereof, and a designation of

186 mailing and e-mail addresses for service, including instructions

187 for completion.

188 3. The clerk of the court shall advise petitioners of the

189 opportunity to apply for a certificate of indigence in lieu of

190 prepayment for the cost of the filing fee, as provided in

191 paragraph (a).

192 4. The clerk of the court shall ensure the petitioner's

193 privacy to the extent practical while completing the forms for

194 injunctions for protection against domestic violence.

195 5. The clerk of the court shall provide petitioners with a

196 minimum of two certified copies of the order of the temporary

197 injunction, one of which is serviceable and will inform the

198 petitioner of the process for service and enforcement.

199 6. Clerks of court and appropriate staff in each county

200 shall receive training in the effective assistance of

201 petitioners as provided or approved by the Florida Association

202 of Court Clerks.

203 7. The clerk of the court in each county shall make

204 available informational brochures on domestic violence when such

205 brochures are provided by local certified domestic violence

206 centers.

207 8. The clerk of the court in each county shall distribute

208 a statewide uniform informational brochure to petitioners at the

209 time of filing for an injunction for protection against domestic

210 ~~or repeat~~ violence when such brochures become available. The

211 brochure must include information about the effect of giving the

212 court false information about domestic violence.

213 (3)(a) The verified petition must allege the existence of

214 such domestic violence and must include the specific facts and

215 circumstances upon the basis of which relief is sought.

216 (b) The verified petition shall be in substantially the

217 following form:

219 PETITION FOR

220 INJUNCTION FOR PROTECTION

221 AGAINST DOMESTIC VIOLENCE

223 The undersigned petitioner ...(name)... declares under penalties

224 of perjury that the following statements are true:

225 (a) Petitioner resides at: ...(address)...

226 (Petitioner may furnish address to the court in a separate

227 confidential filing if, for safety reasons, the petitioner

228 requires the location of the current residence to be

229 confidential.)

230 (b) Respondent resides at: ...(last known address)...

231 (c) Respondent's last known place of employment: ...(name

232 of business and address)...

233 (d) Physical description of respondent:...............

234 Race........

235 Sex........

236 Date of birth........

237 Height........

238 Weight........

239 Eye color........

240 Hair color........

241 Distinguishing marks or scars........

242 (e) Aliases of respondent:............................

243 (f) Respondent is the spouse or former spouse of the

244 petitioner or is any other person related by blood or marriage

245 to the petitioner or is any other person who is or was residing

246 within a single dwelling unit with the petitioner, as if a

247 family, or is a person with whom the petitioner has a child in

248 common, regardless of whether the petitioner and respondent are

249 or were married or residing together, as if a family.

250 (g) The following describes any other cause of action

251 currently pending between the petitioner and respondent:....

253 The petitioner should also describe any previous or pending

254 attempts by the petitioner to obtain an injunction for

255 protection against domestic violence in this or any other

256 circuit, and the results of that attempt:...................

258 Case numbers should be included if available.

259 (h) Petitioner is either a victim of domestic violence or

260 has reasonable cause to believe he or she is in imminent danger

261 of becoming a victim of domestic violence because respondent

262 has: ...(mark all sections that apply and describe in the spaces

263 below the incidents of violence or threats of violence,

264 specifying when and where they occurred, including, but not

265 limited to, locations such as a home, school, place of

266 employment, or visitation exchange)...

267 ................................................................

268 ................................................................

269 ....committed or threatened to commit domestic violence

270 defined in s. 741.28, Florida Statutes, as any assault,

271 aggravated assault, battery, aggravated battery, sexual assault,

272 sexual battery, stalking, aggravated stalking, kidnapping, false

273 imprisonment, or any criminal offense resulting in physical

274 injury or death of one family or household member by another.

275 With the exception of persons who are parents of a child in

276 common, the family or household members must be currently

277 residing or have in the past resided together in the same single

278 dwelling unit.

279 ....previously threatened, harassed, stalked, or physically

280 abused the petitioner.

281 ....attempted to harm the petitioner or family members or

282 individuals closely associated with the petitioner.

283 ....threatened to conceal, kidnap, or harm the petitioner's

284 child or children.

285 ....intentionally injured or killed a family pet.

286 ....used, or has threatened to use, against the petitioner

287 any weapons such as guns or knives.

288 ....physically restrained the petitioner from leaving the

289 home or calling law enforcement.

290 ....a criminal history involving violence or the threat of

291 violence (if known).

292 ....another order of protection issued against him or her

293 previously or from another jurisdiction (if known).

294 ....destroyed personal property, including, but not limited

295 to, telephones or other communication equipment, clothing, or

296 other items belonging to the petitioner.

297 ....engaged in a pattern of abusive, threatening,

298 intimidating, or controlling behavior composed of a series of

299 acts over a period of time, however short.

300 ....engaged in any other behavior or conduct that leads the

301 petitioner to have reasonable cause to believe he or she is in

302 imminent danger of becoming a victim of domestic violence.

303 (i) Petitioner alleges the following additional specific

304 facts: ...(mark appropriate sections)...

305 ....A minor child or minor children reside with the

306 petitioner whose names and ages are as follows:

308 ....Petitioner needs the exclusive use and possession of

309 the dwelling that the parties share.

310 ....Petitioner is unable to obtain safe alternative housing

311 because:

313 ....Petitioner genuinely fears that respondent imminently

314 will abuse, remove, or hide the minor child or children from

315 petitioner because:

317 (j) Petitioner genuinely fears imminent domestic violence

318 by respondent.

319 (k) Petitioner seeks an injunction: ...(mark appropriate

320 section or sections)...

321 ....Immediately restraining the respondent from committing

322 any acts of domestic violence.

323 ....Restraining the respondent from committing any acts of

324 domestic violence.

325 ....Awarding to the petitioner the temporary exclusive use

326 and possession of the dwelling that the parties share or

327 excluding the respondent from the residence of the petitioner.

328 ....Providing a temporary parenting plan, including a

329 temporary time-sharing schedule, with regard to the minor child

330 or children of the parties which might involve prohibiting or

331 limiting time-sharing or requiring that it be supervised by a

332 third party.

333 ....Designating that the exchange of the minor child or

334 children of the parties must occur at a neutral safe exchange

335 location as provided in s. 125.01(8) or a location authorized by

336 a supervised visitation program as defined in s. 753.01 if

337 temporary time-sharing of the child is awarded to the

338 respondent.

339 ....Establishing temporary support for the minor child or

340 children or the petitioner.

341 ....Directing the respondent to participate in a batterers'

342 intervention program.

343 ....Providing any terms the court deems necessary for the

344 protection of a victim of domestic violence, or any minor

345 children of the victim, including any injunctions or directives

346 to law enforcement agencies.

348 (c) Every petition for an injunction against domestic

349 violence must contain, directly above the signature line, a

350 statement in all capital letters and bold type not smaller than

351 the surrounding text, as follows:

353 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ

354 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT

355 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN

356 THIS PETITION ARE BEING MADE UNDER PENALTIES OF

357 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,

358 FLORIDA STATUTES.

360 ...(initials)...

362 (d) If the verified petition seeks to determine a

363 parenting plan and time-sharing schedule with regard to the

364 minor child or children of the parties, the verified petition

365 must be accompanied by or must incorporate the allegations

366 required by s. 61.522 of the Uniform Child Custody Jurisdiction

367 and Enforcement Act.

368 (4) Upon the filing of the petition, the court shall

369 review the petition ex parte. The court must set a final hearing

370 to be held at the earliest possible time if it appears the

371 petitioner is a victim of domestic violence or has reasonable

372 cause to believe he or she is in imminent danger of becoming a

373 victim of domestic violence. If a final hearing is set, the

374 respondent must ~~shall~~ be personally served by a law enforcement

375 officer with a copy of the petition, financial affidavit,

376 Uniform Child Custody Jurisdiction and Enforcement Act

377 affidavit, if any, notice of final hearing, and temporary

378 injunction, if any, before ~~prior to~~ the final hearing.

379 (5)(a) Upon review of the petition, if it appears to the

380 court that an immediate and present danger of domestic violence

381 exists, the court may grant a temporary injunction ex parte,

382 pending a final ~~full~~ hearing, and may grant such relief as the

383 court deems proper, including an injunction:

384 1. Restraining the respondent from committing any acts of

385 domestic violence.

386 2. Awarding to the petitioner the temporary exclusive use

387 and possession of the dwelling that the parties share or

388 excluding the respondent from the residence of the petitioner.

389 3. On the same basis as provided in s. 61.13, providing

390 the petitioner a temporary parenting plan, including a time-

391 sharing schedule, which may award the petitioner up to 100

392 percent of the time-sharing. If temporary time-sharing is

393 awarded to the respondent, the exchange of the child must occur

394 at a neutral safe exchange location as provided in s. 125.01(8)

395 or a location authorized by a supervised visitation program as

396 defined in s. 753.01 if the court determines it is in the best

397 interests of the child after consideration of all of the factors

398 specified in s. 61.13(3). The temporary parenting plan remains

399 in effect until the order expires or an order is entered by a

400 court of competent jurisdiction in a pending or subsequent civil

401 action or proceeding affecting the placement of, access to,

402 parental time with, adoption of, or parental rights and

403 responsibilities for the minor child.

404 4. If the petitioner and respondent have an existing

405 parenting plan or time-sharing schedule under another court

406 order, designating that the exchange of the minor child or

407 children of the parties must occur at a neutral safe exchange

408 location as provided in s. 125.01(8) or a location authorized by

409 a supervised visitation program as defined in s. 753.01 if the

410 court determines it is in the best interests of the child after

411 consideration of all of the factors specified in s. 61.13(3).

412 5. Awarding to the petitioner the temporary exclusive

413 care, possession, or control of an animal that is owned,

414 possessed, harbored, kept, or held by the petitioner, the

415 respondent, or a minor child residing in the residence or

416 household of the petitioner or respondent. The court may order

417 the respondent to temporarily have no contact with the animal

418 and prohibit the respondent from taking, transferring,

419 encumbering, concealing, harming, or otherwise disposing of the

420 animal. This subparagraph does not apply to an animal owned

421 primarily for a bona fide agricultural purpose, as defined under

422 s. 193.461, or to a service animal, as defined under s. 413.08,

423 if the respondent is the service animal's handler.

424 (b) Except as provided in s. 90.204, in an ex parte review

425 or an ~~a hearing~~ ex parte hearing for the purpose of obtaining

426 such ex parte temporary injunction, no evidence other than

427 verified pleadings or affidavits shall be used as evidence,

428 unless the respondent appears at the hearing or has received

429 reasonable notice of the hearing. A denial of a petition for an

430 ex parte temporary injunction shall be by written order noting

431 the legal grounds for denial. When the only ground for denial is

432 no appearance of an immediate and present danger of domestic

433 violence, the court shall set a final ~~full~~ hearing on the

434 petition for injunction with notice at the earliest possible

435 time. Nothing herein affects a petitioner's right to promptly

436 amend any petition, or otherwise be heard in person on any

437 petition consistent with the Florida Rules of Civil Procedure.

438 (c) Any such ex parte temporary injunction shall be

439 effective for a fixed period not to exceed 15 days. A final ~~full~~

440 hearing, as provided by this section, shall be set for a date no

441 later than the date when the temporary injunction ceases to be

442 effective. The court may grant a continuance of the hearing

443 before or during a hearing for good cause shown by any party,

444 which shall include a continuance to obtain service of process.

445 Any injunction shall be extended if necessary to remain in full

446 force and effect during any period of continuance.

447 (6)(a) Upon notice and final hearing, when it appears to

448 the court that the petitioner is either the victim of domestic

449 violence as defined by s. 741.28 or has reasonable cause to

450 believe he or she is in imminent danger of becoming a victim of

451 domestic violence, the court may grant such relief as the court

452 deems proper, including an injunction:

453 1. Restraining the respondent from committing any acts of

454 domestic violence.

455 2. Awarding to the petitioner the exclusive use and

456 possession of the dwelling that the parties share or excluding

457 the respondent from the residence of the petitioner.

458 3. On the same basis as provided in chapter 61, providing

459 the petitioner with 100 percent of the time-sharing in a

460 temporary parenting plan that remains in effect until the order

461 expires or an order is entered by a court of competent

462 jurisdiction in a pending or subsequent civil action or

463 proceeding affecting the placement of, access to, parental time

464 with, adoption of, or parental rights and responsibilities for

465 the minor child.

466 4. If the petitioner and respondent have an existing

467 parenting plan or time-sharing schedule under another court

468 order, designating that the exchange of the minor child or

469 children of the parties must occur at a neutral safe exchange

470 location as provided in s. 125.01(8) or a location authorized by

471 a supervised visitation program as defined in s. 753.01 if the

472 court determines it is in the best interests of the child after

473 consideration of all of the factors specified in s. 61.13(3).

474 5. On the same basis as provided in chapter 61,

475 establishing temporary support for a minor child or children or

476 the petitioner. An order of temporary support remains in effect

477 until the order expires or an order is entered by a court of

478 competent jurisdiction in a pending or subsequent civil action

479 or proceeding affecting child support.

480 6. Ordering the respondent to participate in treatment,

481 intervention, or counseling services to be paid for by the

482 respondent. When the court orders the respondent to participate

483 in a batterers' intervention program, the court, or any entity

484 designated by the court, must provide the respondent with a list

485 of batterers' intervention programs from which the respondent

486 must choose a program in which to participate.

487 7. Referring a petitioner to a certified domestic violence

488 center. The court must provide the petitioner with a list of

489 certified domestic violence centers in the circuit which the

490 petitioner may contact.

491 8. Awarding to the petitioner the exclusive care,

492 possession, or control of an animal that is owned, possessed,

493 harbored, kept, or held by the petitioner, the respondent, or a

494 minor child residing in the residence or household of the

495 petitioner or respondent. The court may order the respondent to

496 have no contact with the animal and prohibit the respondent from

497 taking, transferring, encumbering, concealing, harming, or

498 otherwise disposing of the animal. This subparagraph does not

499 apply to an animal owned primarily for a bona fide agricultural

500 purpose, as defined under s. 193.461, or to a service animal, as

501 defined under s. 413.08, if the respondent is the service

502 animal's handler.

503 9. Ordering such other relief as the court deems necessary

504 for the protection of a victim of domestic violence, including

505 injunctions or directives to law enforcement agencies, as

506 provided in this section.

507 (b) In determining whether a petitioner has reasonable

508 cause to believe he or she is in imminent danger of becoming a

509 victim of domestic violence, the court shall consider and

510 evaluate all relevant factors alleged in the petition,

511 including, but not limited to:

512 1. The history between the petitioner and the respondent,

513 including threats, harassment, stalking, strangulation, or other

514 ~~and~~ physical abuse.

515 2. Whether the respondent has attempted to harm the

516 petitioner or family members or individuals closely associated

517 with the petitioner.

518 3. Whether the respondent has threatened to conceal,

519 kidnap, or harm the petitioner's child or children.

520 4. Whether the respondent has intentionally injured or

521 killed a family pet.

522 5. Whether the respondent has used, or has threatened to

523 use, against the petitioner any weapons such as guns or knives.

524 6. Whether the respondent has physically restrained the

525 petitioner from leaving the home or calling law enforcement.

526 7. Whether the respondent has a criminal history involving

527 violence or the threat of violence.

528 8. The existence of a verifiable order of protection

529 issued previously or from another jurisdiction.

530 9. Whether the respondent has destroyed personal property,

531 including, but not limited to, telephones or other

532 communications equipment, clothing, or other items belonging to

533 the petitioner.

534 10. Whether the respondent has or had engaged in a pattern

535 of abusive, threatening, intimidating, or controlling behavior

536 composed of a series of acts over a period of time, however

537 short, which evidences a continuity of purpose and which

538 reasonably causes the petitioner to believe that the petitioner

539 or his or her minor child or children are in imminent danger of

540 becoming victims of any act of domestic violence.

541 11. Whether the respondent engaged in any other behavior

542 or conduct that leads the petitioner to have reasonable cause to

543 believe that he or she is in imminent danger of becoming a

544 victim of domestic violence.

546 In making its determination under this paragraph, the court is

547 not limited to those factors enumerated in subparagraphs 1.-11.

548 (c) The terms of an injunction restraining the respondent

549 under subparagraph (a)1. or ordering other relief for the

550 protection of the victim under subparagraph (a)9. shall remain

551 in effect until modified or dissolved. Either party may move at

552 any time to modify or dissolve the injunction. No specific

553 allegations are required. Such relief may be granted in addition

554 to other civil or criminal remedies.

555 (d) A temporary or final ~~judgment on~~ injunction for

556 protection against domestic violence entered under this section

557 shall, on its face, indicate that:

558 1. The injunction is valid and enforceable in all counties

559 of the State of Florida.

560 2. Law enforcement officers may use their arrest powers

561 under s. 901.15(6) to enforce the terms of the injunction.

562 3. The court had jurisdiction over the parties and matter

563 under the laws of Florida and that reasonable notice and

564 opportunity to be heard was given to the person against whom the

565 order is sought sufficient to protect that person's right to due

566 process.

567 4. The date the respondent was served with the temporary

568 or final order, if obtainable.

569 (e) An injunction for protection against domestic violence

570 entered under this section, on its face, may order that the

571 respondent attend a batterers' intervention program as a

572 condition of the injunction. Unless the court makes written

573 factual findings in its judgment or order which are based on

574 substantial evidence, stating why batterers' intervention

575 programs would be inappropriate, the court shall order the

576 respondent to attend a batterers' intervention program if:

577 1. It finds that the respondent willfully violated the

578 temporary ex parte injunction;

579 2. The respondent, in this state or any other state, has

580 been convicted of, had adjudication withheld on, or pled nolo

581 contendere to a crime involving violence or a threat of

582 violence; or

583 3. The respondent, in this state or any other state, has

584 had at any time a prior injunction for protection entered

585 against the respondent after a hearing with notice.

586 (f) The fact that a separate order of protection is

587 granted to each opposing party is not legally sufficient to deny

588 any remedy to either party or to prove that the parties are

589 equally at fault or equally endangered.

590 (g) A final ~~judgment on~~ injunction for protection against

591 domestic violence entered under this section must, on its face,

592 indicate that it is a violation of s. 790.233, and a first

593 degree misdemeanor, for the respondent to have in his or her

594 care, custody, possession, or control any firearm or ammunition.

595 (h) All proceedings under this subsection shall be

596 recorded. Recording may be by electronic means as provided by

597 the Rules of General Practice and Judicial Administration.

598 (7) The court shall allow an advocate from a state

599 attorney's office, an advocate from a law enforcement agency, or

600 an advocate from a certified domestic violence center who is

601 registered under s. 39.905 to be present with the petitioner or

602 respondent during any court proceedings or hearings related to

603 the injunction for protection, provided the petitioner or

604 respondent has made such a request and the advocate is able to

605 be present.

606 (8)(a)1. Within 24 hours after the court sets the case for

607 a final hearing ~~issues an injunction for protection against~~

608 ~~domestic violence,~~ the clerk of the court shall electronically

609 transmit a copy of the petition, designation of mailing and e-

610 mail addresses for service, financial affidavit, Uniform Child

611 Custody Jurisdiction and Enforcement Act affidavit, if any,

612 notice of hearing, and temporary injunction, if any, to the

613 sheriff or a law enforcement agency of the county where the

614 respondent resides or can be found, who shall serve it upon the

615 respondent as soon thereafter as possible on any day of the week

616 and at any time of the day or night. The respondent shall file a

617 designation of mailing and e-mail addresses with the clerk of

618 the court for subsequent service within 1 business day after the

619 respondent has been personally served. An electronic copy of the

620 temporary an injunction must be certified by the clerk of the

621 court, and the electronic copy must be served in the same manner

622 as a certified copy. Upon receiving an electronic copy of the

623 temporary injunction, the sheriff must verify receipt with the

624 sender before attempting to serve it upon the respondent. In

625 addition, if the sheriff is in possession of a temporary an

626 injunction for protection that has been certified by the clerk

627 of the court, the sheriff may electronically transmit a copy of

628 that temporary injunction to a law enforcement officer who shall

629 serve it in the same manner as a certified copy. The clerk of

630 the court is responsible for furnishing to the sheriff such

631 information on the respondent's physical description and

632 location as is required by the department to comply with the

633 verification procedures set forth in this section.

634 Notwithstanding any other law to the contrary, the chief judge

635 of each circuit, in consultation with the appropriate sheriff,

636 may authorize a law enforcement agency within the jurisdiction

637 to effect service. A law enforcement agency serving injunctions

638 pursuant to this section must use service and verification

639 procedures consistent with those of the sheriff.

640 2. When an injunction is issued, if the petitioner

641 requests the assistance of a law enforcement agency, the court

642 may order that an officer from the appropriate law enforcement

643 agency accompany the petitioner and assist in placing the

644 petitioner in possession of the dwelling or residence, or

645 otherwise assist in the execution or service of the temporary or

646 final injunction. A law enforcement officer must accept a copy

647 of the temporary or final an injunction for protection against

648 domestic violence, certified by the clerk of the court, from the

649 petitioner and immediately serve it upon a respondent who has

650 been located but not yet served.

651 3. All orders issued, changed, continued, extended, or

652 vacated subsequent to the original service of documents

653 enumerated under subparagraph 1. must be certified by the clerk

654 of the court and delivered to the parties at the time of the

655 entry of the subsequent order, if a party is physically present

656 before the court. The parties may acknowledge receipt of such

657 order in writing on the face of the original order. If ~~In the~~

658 ~~event~~ a party fails or refuses to acknowledge the receipt of a

659 certified copy of an order, the clerk shall note on the original

660 order that service was effected. If delivery at the hearing is

661 not possible or the parties have appeared through audio-video

662 communication technology, the clerk must ~~shall~~ mail or e-mail

663 certified copies of the order to the parties at the last known

664 physical or e-mail address of each party. Service by mail or e-

665 mail is complete upon mailing or e-mailing. When an order is

666 served by the clerk of the court pursuant to this subsection,

667 the clerk shall prepare a written certification to be placed in

668 the court file specifying the time, date, and method of service

669 and shall notify the sheriff.

671 If the respondent has been served by a law enforcement officer

672 ~~previously~~ with the temporary injunction or a notice of hearing

673 on a ~~and has failed to appear at the initial hearing on the~~

674 temporary injunction, any subsequent petition for injunction

675 seeking an extension of time, any subsequent temporary or final

676 injunction, or any subsequent order may be served on the

677 respondent by the clerk of the court by certified mail or e-mail

678 in lieu of personal service by a law enforcement officer.

679 (b) A ~~Domestic and Repeat Violence Injunction~~ Statewide

680 Injunction Verification System is created within the Department

681 of Law Enforcement. The department shall establish, implement,

682 and maintain a statewide communication system capable of

683 electronically transmitting information to and between criminal

684 justice agencies relating to domestic violence injunctions,

685 dating violence injunctions, sexual violence injunctions, ~~and~~

686 repeat violence injunctions, and stalking injunctions issued by

687 the courts throughout the state. Such information must include,

688 but is not limited to, information as to the existence and

689 status of any injunction for verification purposes.

690 (c)1. Within 24 hours after the court issues a temporary

691 an injunction for protection against domestic violence or

692 ~~changes, continues, extends, or vacates an injunction for~~

693 ~~protection against domestic violence,~~ the clerk of the court

694 must electronically transmit a certified copy of the injunction

695 for service to the sheriff with jurisdiction over the residence

696 of the petitioner. The injunction must be served in accordance

697 with this subsection.

698 2. Within 24 hours after service of process of an

699 injunction for protection against domestic violence upon a

700 respondent, the law enforcement officer must electronically

701 transmit the written proof of service of process to the sheriff

702 with jurisdiction over the residence of the petitioner.

703 3. Within 24 hours after the sheriff receives a certified

704 copy of the injunction for protection against domestic violence,

705 the sheriff must make information relating to the injunction

706 available to other law enforcement agencies by electronically

707 transmitting such information to the department.

708 4. Within 24 hours after the sheriff or other law

709 enforcement officer has made service upon the respondent and the

710 sheriff has been so notified, the sheriff must make information

711 relating to the service available to other law enforcement

712 agencies by electronically transmitting such information to the

713 department.

714 5. Within 24 hours after the court issues a final

715 injunction for protection after a hearing or changes, continues,

716 extends, or vacates an injunction for protection against

717 domestic violence, the clerk must mail or e-mail certified

718 copies of the injunction order to the last known physical or e-

719 mail address of each party. Service by mail or e-mail is

720 complete upon mailing or e-mailing. When an order is served

721 pursuant to this subsection by the clerk of the court, the clerk

722 shall prepare a written certification to be placed in the court

723 file specifying the time, date, and method of service. The clerk

724 of the court must electronically transmit a certified copy of

725 the injunction to the sheriff with jurisdiction over the

726 residence of the petitioner. Within 24 hours after the sheriff

727 receives a certified copy of the injunction for protection

728 against domestic violence under this subsection, the sheriff

729 must make information relating to the injunction available to

730 other law enforcement agencies by electronically transmitting

731 such information to the department.

732 6. Subject to available funding, the Florida Association

733 of Court Clerks and Comptrollers shall develop an automated

734 process by which a petitioner may request notification of

735 service of the injunction for protection against domestic

736 violence and other court actions related to the injunction for

737 protection. The automated notice must be made within 12 hours

738 after the sheriff or other law enforcement officer serves the

739 injunction upon the respondent. The notification must include,

740 at a minimum, the date, time, and location where the injunction

741 for protection against domestic violence was served. The Florida

742 Association of Court Clerks and Comptrollers may apply for any

743 available grants to fund the development of the automated

744 process.

745 7.6. Within 24 hours after an injunction for protection

746 against domestic violence is vacated, terminated, or otherwise

747 rendered no longer effective by ruling of the court, the clerk

748 of the court must notify the sheriff receiving original

749 notification of the injunction as provided in subparagraph 2.

750 That agency shall, within 24 hours after receiving such

751 notification from the clerk of the court, notify the department

752 of such action of the court.

753 (d) The petitioner may request a Hope Card under s.

754 741.311 after the court has issued a final injunction ~~order of~~

755 ~~protection.~~

756 (9)(a) The court may enforce a violation of an injunction

757 for protection against domestic violence through a civil or

758 criminal contempt proceeding, or the state attorney may

759 prosecute it as a criminal violation under s. 741.31. The court

760 may enforce the respondent's compliance with the injunction

761 through any appropriate civil and criminal remedies, including,

762 but not limited to, a monetary assessment or a fine. The clerk

763 of the court shall collect and receive such assessments or

764 fines. On a monthly basis, the clerk shall transfer the moneys

765 collected pursuant to this paragraph to the State Treasury for

766 deposit in the Domestic Violence Trust Fund established in s.

767 741.01.

768 (b) If the respondent is arrested by a law enforcement

769 officer under s. 901.15(6) or for a violation of s. 741.31, the

770 respondent shall be held in custody until brought before the

771 court as expeditiously as possible for the purpose of enforcing

772 the injunction and for admittance to bail in accordance with

773 chapter 903 and the applicable rules of criminal procedure,

774 pending a hearing.

775 (10) The petitioner or the respondent may move the court

776 to modify or dissolve an injunction at any time.

777 Section 2. Paragraph (a) of subsection (3), paragraph (b)

778 of subsection (4), and subsections (5) through (9) of section

779 784.046, Florida Statutes, are amended, and paragraph (f) is added to subsection (2) of that section, to read:

781 784.046 Action by victim of repeat violence, sexual

782 violence, or dating violence for protective injunction; dating

783 violence investigations, notice to victims, and reporting;

784 pretrial release violations; public records exemption.—

785 (2) There is created a cause of action for an injunction

786 for protection in cases of repeat violence, there is created a

787 separate cause of action for an injunction for protection in

788 cases of dating violence, and there is created a separate cause

789 of action for an injunction for protection in cases of sexual

790 violence.

791 (f) The court is prohibited from issuing mutual orders of

792 protection. This does not preclude the court from issuing

793 separate injunctions for protection against repeat violence,

794 sexual violence, or dating violence if each party has complied

795 with this section. Compliance with this section may not be

796 waived.

797 (3)(a) The clerk of the court shall provide a copy of this

798 section, simplified forms for the injunction, a designation of

799 mailing and e-mail addresses for service, and clerical

800 assistance for the preparation and filing of such a petition by

801 any person who is not represented by counsel.

802 (4)

803 (b) The verified petition must be in substantially the

804 following form:

806 PETITION FOR INJUNCTION FOR PROTECTION

807 AGAINST REPEAT VIOLENCE, SEXUAL

808 VIOLENCE, OR DATING VIOLENCE

810 The undersigned petitioner ...(name)... declares under

811 penalties of perjury that the following statements are true:

813 1. Petitioner resides at ...(address)... (A petitioner for

814 an injunction for protection against repeat violence, sexual

815 violence, or dating violence may furnish an address to the court

816 in a separate confidential filing if, for safety reasons, the

817 petitioner requires the location of his or her current residence

818 to be confidential pursuant to s. 119.071(2)(j), Florida

819 Statutes.)

820 2. Respondent resides at ...(address)....

821 3.a. Petitioner has suffered repeat violence as

822 demonstrated by the fact that the respondent has: ...(enumerate

823 incidents of violence)...

824 ................................................................

825 ................................................................

826 ................................................................

827 b. Petitioner has suffered sexual violence as demonstrated

828 by the fact that the respondent has: ...(enumerate incident of

829 violence and include incident report number from law enforcement

830 agency or attach notice of inmate release)...

831 ................................................................

832 ................................................................

833 ................................................................

834 c. Petitioner is a victim of dating violence and has

835 reasonable cause to believe that he or she is in imminent danger

836 of becoming the victim of another act of dating violence or has

837 reasonable cause to believe that he or she is in imminent danger

838 of becoming a victim of dating violence, as demonstrated by the

839 fact that the respondent has: ...(list the specific incident or

840 incidents of violence and describe the length of time of the

841 relationship, whether it has been in existence during the last 6

842 months, the nature of the relationship of a romantic or intimate

843 nature, the frequency and type of interaction, and any other

844 facts that characterize the relationship)...

845 ................................................................

846 ................................................................

847 ................................................................

848 4. Petitioner genuinely fears repeat violence by the

849 respondent.

850 5. Petitioner seeks: an immediate injunction against the

851 respondent, enjoining him or her from committing any further

852 acts of violence; an injunction enjoining the respondent from

853 committing any further acts of violence; and an injunction

854 providing any terms the court deems necessary for the protection

855 of the petitioner and the petitioner's immediate family,

856 including any injunctions or directives to law enforcement

857 agencies.

859 (5) Upon the filing of the petition, the court shall

860 review the petition ex parte. The court must set a final hearing

861 to be held at the earliest possible time if it appears that the

862 petitioner meets the criteria of paragraph (2)(a), paragraph

863 (2)(b), or paragraph (2)(c). If a final hearing is set, the

864 respondent must ~~shall~~ be personally served by a law enforcement

865 officer with a copy of the petition, designation of mailing and

866 e-mail addresses, notice of final hearing, and temporary

867 injunction, if any, before ~~prior to~~ the final hearing.

868 (6)(a) Upon review of the petition, if ~~When~~ it appears to

869 the court that an immediate and present danger of violence

870 exists, the court may grant a temporary injunction ex parte

871 ~~which may be granted in an ex parte hearing,~~ pending a final

872 ~~full~~ hearing, and may grant such relief as the court deems

873 proper, including an injunction enjoining the respondent from

874 committing any acts of violence.

875 (b) Except as provided in s. 90.204, in an ~~a hearing~~ ex

876 parte review or hearing for the purpose of obtaining such

877 temporary injunction, no evidence other than the verified

878 pleadings or affidavits may not ~~pleading or affidavit shall~~ be

879 used as evidence, unless the respondent appears at the hearing

880 or has received reasonable notice of the hearing. A court's

881 denial of a petition for an ex parte temporary injunction must

882 be by written order noting the legal grounds for the denial.

883 When the only grounds for denial is no appearance of an

884 immediate and present danger of violence, the court may set a

885 final hearing on the petition without issuing a temporary

886 injunction with notice at the earliest possible time. This

887 paragraph does not affect a petitioner's right to promptly

888 dismiss a petition, amend a petition, or otherwise be heard in

889 person on a petition consistent with the Florida Rules of Civil

890 Procedure.

891 (c) Any such ex parte temporary injunction shall be

892 effective for a fixed period not to exceed 15 days. However, an

893 ex parte temporary injunction granted under subparagraph

894 (2)(c)2. is effective for 15 days following the date the

895 respondent is released from incarceration. If a final ~~A full~~

896 hearing is set, it must ~~as provided by this section, shall~~ be

897 set for a date no later than the date when the temporary

898 injunction ceases to be effective. The court may grant a

899 continuance of the temporary ~~ex parte~~ injunction before or

900 during the final ~~and the full hearing before or during a~~

901 hearing, for good cause shown by any party, which includes a

902 continuance to obtain service of process. Any injunction must be

903 extended if necessary to remain in full force and effect during

904 any period of continuance.

905 (7) Upon notice and final hearing, the court may grant

906 such relief as the court deems proper, including an injunction:

907 (a) Enjoining the respondent from committing any acts of

908 violence.

909 (b) Ordering such other relief as the court deems

910 necessary for the protection of the petitioner, including

911 injunctions or directives to law enforcement agencies, as

912 provided in this section.

913 (c) The terms of the injunction shall remain in full force

914 and effect until modified or dissolved. Either party may move at

915 any time to modify or dissolve the injunction. Such relief may

916 be granted in addition to other civil or criminal remedies.

917 (d) A temporary or final ~~judgment on~~ injunction for

918 protection against repeat violence, sexual violence, or dating

919 violence entered pursuant to this section shall, on its face,

920 indicate that:

921 1. The injunction is valid and enforceable in all counties

922 of the State of Florida.

923 2. Law enforcement officers may use their arrest powers

924 pursuant to s. 901.15(6) to enforce the terms of the injunction.

925 3. The court had jurisdiction over the parties and matter

926 under the laws of Florida and that reasonable notice and

927 opportunity to be heard was given to the person against whom the

928 order is sought sufficient to protect that person's right to due

929 process.

930 4. The date that the respondent was served with the

931 temporary or final order, if obtainable.

932 5. All proceedings under this paragraph must be recorded.

933 Recording may be by electronic means as provided by the Rules of

934 General Practice and Judicial Administration.

935 (8)(a)1. Within 24 hours after the court sets the case for

936 a final hearing ~~issues an injunction for protection against~~

937 ~~repeat violence, sexual violence, or dating violence,~~ the clerk

938 of the court shall electronically transmit a copy of the

939 petition, designation of mailing and e-mail addresses for

940 service, notice of hearing, and temporary injunction, if any, to

941 the sheriff or a law enforcement agency of the county where the

942 respondent resides or can be found, who shall serve it upon the

943 respondent as soon thereafter as possible on any day of the week

944 and at any time of the day or night. The respondent shall file a

945 designation of mailing or e-mail addresses with the clerk of the

946 court for subsequent service within 1 business day after the

947 respondent has been personally served. An electronic copy of the

948 temporary an injunction must be certified by the clerk of the

949 court, and the electronic copy must be served in the same manner

950 as a certified copy. Upon receiving an electronic copy of the

951 temporary injunction, the sheriff must verify receipt with the

952 sender before attempting to serve it upon the respondent. In

953 addition, if the sheriff is in possession of the temporary an

954 injunction for protection that has been certified by the clerk

955 of the court, the sheriff may electronically transmit a copy of

956 that temporary injunction to a law enforcement officer who shall

957 serve it in the same manner as a certified copy. The clerk of

958 the court is responsible for furnishing to the sheriff such

959 information on the respondent's physical description and

960 location as is required by the department to comply with the

961 verification procedures set forth in this section.

962 Notwithstanding any other law to the contrary, the chief judge

963 of each circuit, in consultation with the appropriate sheriff,

964 may authorize a law enforcement agency within the chief judge's

965 jurisdiction to effect this type of service and to receive a

966 portion of the service fee. A person may not serve or execute a

967 temporary an injunction issued under this section unless the

968 person is a law enforcement officer as defined in chapter 943.

969 2. When an injunction is issued, if the petitioner

970 requests the assistance of a law enforcement agency, the court

971 may order that an officer from the appropriate law enforcement

972 agency accompany the petitioner and assist in the execution or

973 service of the temporary or final injunction. A law enforcement

974 officer must accept a copy of the temporary or final an

975 injunction for protection against repeat violence, sexual

976 violence, or dating violence, certified by the clerk of the

977 court, from the petitioner and immediately serve it upon a

978 respondent who has been located but not yet served.

979 3. All orders issued, changed, continued, extended, or

980 vacated subsequent to the original service of documents

981 enumerated under subparagraph 1. must be certified by the clerk

982 of the court and delivered to the parties at the time of the

983 entry of the subsequent order if a party is physically present

984 before the court. The parties may acknowledge receipt of such

985 order in writing on the face of the original order. If a party

986 fails or refuses to acknowledge the receipt of a certified copy

987 of an order, the clerk must note on the original order that

988 service was effected. If delivery at the hearing is not

989 possible, or the parties have appeared through audio-video

990 communication technology, the clerk must mail or e-mail

991 certified copies of the order to the parties at the last known

992 physical or e-mail address of each party. Service by mail or e-

993 mail is complete upon mailing or e-mailing. When an order is

994 served by the clerk of the court pursuant to this subsection,

995 the clerk shall prepare a written certification to be placed in

996 the court file specifying the time, date, and method of service

997 and shall notify the sheriff.

999 If the respondent has been served by a law enforcement officer

1000 with the temporary injunction or a notice of hearing on a

1001 temporary injunction, any subsequent petition for injunction

1002 seeking an extension of time, or any subsequent temporary

1003 injunction, final injunction, or order, may be served on the

1004 respondent by the clerk of the court by certified mail or e-

1005 mail, in lieu of personal service by a law enforcement officer.

1006 (b) A ~~Domestic, Dating, Sexual, and Repeat Violence~~

1007 ~~Injunction~~ Statewide Injunction Verification System is created

1008 within the Department of Law Enforcement. The department shall

1009 establish, implement, and maintain a statewide communication

1010 system capable of electronically transmitting information to and

1011 between criminal justice agencies relating to domestic violence

1012 injunctions, dating violence injunctions, sexual violence

1013 injunctions, ~~and~~ repeat violence injunctions, and stalking

1014 injunctions issued by the courts throughout the state. Such

1015 information must include, but is not limited to, information as

1016 to the existence and status of any injunction for verification

1017 purposes.

1018 (c)1. Within 24 hours after the court issues an injunction

1019 for protection against repeat violence, sexual violence, or

1020 dating violence or changes or vacates an injunction for

1021 protection against repeat violence, sexual violence, or dating

1022 violence, the clerk of the court must electronically transmit a

1023 copy of the injunction to the sheriff with jurisdiction over the

1024 residence of the petitioner.

1025 2. Within 24 hours after service of process of an

1026 injunction for protection against repeat violence, sexual

1027 violence, or dating violence upon a respondent, the law

1028 enforcement officer must electronically transmit the written

1029 proof of service of process to the sheriff with jurisdiction

1030 over the residence of the petitioner.

1031 3. Within 24 hours after the sheriff receives a certified

1032 copy of the injunction for protection against repeat violence,

1033 sexual violence, or dating violence, the sheriff must make

1034 information relating to the injunction available to other law

1035 enforcement agencies by electronically transmitting such

1036 information to the department.

1037 4. Within 24 hours after the sheriff or other law

1038 enforcement officer has made service upon the respondent and the

1039 sheriff has been so notified, the sheriff must make information

1040 relating to the service available to other law enforcement

1041 agencies by electronically transmitting such information to the

1042 department.

1043 5. Within 24 hours after the court issues a final

1044 injunction for protection after a hearing or changes, continues,

1045 extends, or vacates an injunction for protection against repeat,

1046 sexual, or dating violence, the clerk must mail or e-mail

1047 certified copies of the injunction order to the last known

1048 physical or e-mail address of each party. Service by mail or e-

1049 mail is complete upon mailing or e-mailing. When an order is

1050 served pursuant to this subsection, the clerk shall prepare a

1051 written certification to be placed in the court file specifying

1052 the time, date, and method of service. The clerk of the court

1053 shall electronically transmit a certified copy of the injunction

1054 to the sheriff with jurisdiction over the residence of the

1055 petitioner. Within 24 hours after the sheriff receives a

1056 certified copy of the injunction for protection against domestic

1057 violence under this subsection, the sheriff must make

1058 information relating to the injunction available to other law

1059 enforcement agencies by electronically transmitting such

1060 information to the department.

1061 6. Subject to available funding, the Florida Association

1062 of Court Clerks and Comptrollers shall develop an automated

1063 process by which a petitioner may request notification of

1064 service of the injunction for protection against repeat

1065 violence, sexual violence, or dating violence and other court

1066 actions related to the injunction for protection. The automated

1067 notice must be made within 12 hours after the sheriff or other

1068 law enforcement officer serves the injunction upon the

1069 respondent. The notification must include, at a minimum, the

1070 date, time, and location where the injunction for protection

1071 against repeat violence, sexual violence, or dating violence was

1072 served. The Florida Association of Court Clerks and Comptrollers

1073 may apply for any available grants to fund the development of

1074 the automated process.

1075 7.6. Within 24 hours after an injunction for protection

1076 against repeat violence, sexual violence, or dating violence is

1077 lifted, terminated, or otherwise rendered no longer effective by

1078 ruling of the court, the clerk of the court must notify the

1079 sheriff or local law enforcement agency receiving original

1080 notification of the injunction as provided in subparagraph 2.

1081 That agency shall, within 24 hours after receiving such

1082 notification from the clerk of the court, notify the department

1083 of such action of the court.

1084 (d) The petitioner may request a Hope Card under s.

1085 741.311 after the court has issued a final injunction ~~order of~~

1086 ~~protection.~~

1087 (9)(a) The court shall enforce, through a civil or

1088 criminal contempt proceeding, a violation of the temporary or

1089 final an injunction for protection. The court may enforce the

1090 respondent's compliance with the injunction by imposing a

1091 monetary assessment. The clerk of the court shall collect and

1092 receive such assessments. On a monthly basis, the clerk shall

1093 transfer the moneys collected pursuant to this paragraph to the

1094 State Treasury for deposit in the Crimes Compensation Trust Fund

1095 established in s. 960.21.

1096 (b) If the respondent is arrested by a law enforcement

1097 officer under s. 901.15(6) for committing an act of repeat

1098 violence, sexual violence, or dating violence in violation of a

1099 temporary or final an injunction for protection, the respondent

1100 shall be held in custody until brought before the court as

1101 expeditiously as possible for the purpose of enforcing the

1102 injunction and for admittance to bail in accordance with chapter

1103 903 and the applicable rules of criminal procedure, pending a

1104 hearing.

1105 Section 3. Section 784.0485, Florida Statutes, is amended

1106 to read:

1107 784.0485 Stalking; injunction; powers and duties of court

1108 and clerk; petition; notice and hearing; temporary injunction;

1109 issuance of injunction; Statewide Injunction Verification

1110 System; enforcement.—

1111 (1) There is created a cause of action for an injunction

1112 for protection against stalking. For the purposes of injunctions

1113 for protection against stalking under this section, the offense

1114 of stalking shall include the offense of cyberstalking.

1115 (a) A person who is the victim of stalking or the parent

1116 or legal guardian of a minor child who is living at home who

1117 seeks an injunction for protection against stalking on behalf of

1118 the minor child has standing in the circuit court to file a

1119 verified petition for an injunction for protection against

1120 stalking.

1121 (b) The cause of action for an injunction for protection

1122 may be sought regardless of whether any other cause of action is

1123 currently pending between the parties. However, the pendency of

1124 any such cause of action shall be alleged in the petition.

1125 (c) The cause of action for an injunction may be sought by

1126 any affected person.

1127 (d) The cause of action for an injunction does not require

1128 either party to be represented by an attorney.

1129 (e) The court may not issue mutual orders of protection;

1130 however, the court is not precluded from issuing separate

1131 injunctions for protection against stalking if each party has

1132 complied with this section. Compliance with this section may not

1133 be waived.

1134 (f) Notwithstanding chapter 47, a petition for an

1135 injunction for protection against stalking may be filed in the

1136 circuit where the petitioner currently or temporarily resides,

1137 where the respondent resides, or where the stalking occurred.

1138 There is no minimum requirement of residency to petition for an

1139 injunction for protection.

1140 (2)(a) Notwithstanding any other law, the clerk of court

1141 may not assess a filing fee to file a petition for protection

1142 against stalking. However, subject to legislative appropriation,

1143 the clerk of the circuit court may, on a quarterly basis, submit

1144 to the Justice Administrative Commission a certified request for

1145 reimbursement for petitions for protection against stalking

1146 issued by the court, at the rate of $40 per petition. The

1147 request for reimbursement must be submitted in the form and

1148 manner prescribed by the Justice Administrative Commission. From

1149 this reimbursement, the clerk shall pay any law enforcement

1150 agency serving the injunction the fee requested by the law

1151 enforcement agency; however, this fee may not exceed $20.

1152 (b) A bond is not required by the court for the entry of

1153 an injunction.

1154 (c)1. The clerk of the court shall assist petitioners in

1155 seeking both injunctions for protection against stalking and

1156 enforcement of a violation thereof as specified in this section.

1157 2. All offices of the clerk of the court shall provide

1158 simplified petition forms for the injunction and any

1159 modifications to and the enforcement thereof, and a designation

1160 of mailing and e-mail addresses for service, including

1161 instructions for completion.

1162 3. The clerk of the court shall ensure the petitioner's

1163 privacy to the extent practicable while completing the forms for

1164 an injunction for protection against stalking.

1165 4. The clerk of the court shall provide a petitioner with

1166 a minimum of two certified copies of the order of injunction,

1167 one of which is serviceable and will inform the petitioner of

1168 the process for service and enforcement.

1169 5. The clerk of the court and appropriate staff in each

1170 county shall receive training in the effective assistance of

1171 petitioners as provided or approved by the Florida Association

1172 of Court Clerks and Comptrollers.

1173 6. The clerk of the court in each county shall make

1174 available informational brochures on stalking when such a

1175 brochure is provided by the local certified domestic violence

1176 center or certified rape crisis center.

1177 7. The clerk of the court in each county shall distribute

1178 a statewide uniform informational brochure to petitioners at the

1179 time of filing for an injunction for protection against stalking

1180 when such brochures become available. The brochure must include

1181 information about the effect of giving the court false

1182 information.

1183 (3)(a) The verified petition shall allege the existence of

1184 such stalking and shall include the specific facts and

1185 circumstances for which relief is sought.

1186 (b) The verified petition shall be in substantially the

1187 following form:

1189 PETITION FOR INJUNCTION

1190 FOR PROTECTION AGAINST STALKING

1192 The undersigned petitioner ...(name)... declares under

1193 penalties of perjury that the following statements are

1194 true:

1196 1. Petitioner resides at: ...(address)...

1197 (Petitioner may furnish the address to the court in a

1198 separate confidential filing if, for safety reasons,

1199 the petitioner requires the location of the current

1200 residence to be confidential.)

1201 2. Respondent resides at: ...(last known address)...

1202 3. Respondent's last known place of employment:

1203 ...(name of business and address)...

1204 4. Physical description of respondent: ....

1205 5. Race: ....

1206 6. Sex: ....

1207 7. Date of birth: ....

1208 8. Height: ....

1209 9. Weight: ....

1210 10. Eye color: ....

1211 11. Hair color: ....

1212 12. Distinguishing marks or scars: ....

1213 13. Aliases of respondent: ....

1215 (c) The petitioner shall describe any other cause of

1216 action currently pending between the petitioner and respondent.

1217 The petitioner shall also describe any previous attempt by the

1218 petitioner to obtain an injunction for protection against

1219 stalking in this or any other circuit, and the result of that

1220 attempt. (Case numbers should be included, if available.)

1221 (d) The petition must provide space for the petitioner to

1222 specifically allege that he or she is a victim of stalking

1223 because respondent has:

1225 (Mark all sections that apply and describe in the

1226 spaces below the incidents of stalking specifying when

1227 and where they occurred, including, but not limited

1228 to, locations such as a home, school, or place of

1229 employment.)

1231 .... Committed stalking.

1232 .... Previously threatened, harassed, stalked,

1233 cyberstalked, or physically abused the petitioner.

1234 .... Threatened to harm the petitioner or family members or

1235 individuals closely associated with the petitioner.

1236 .... Intentionally injured or killed a family pet.

1237 .... Used, or threatened to use, against the petitioner any

1238 weapons such as guns or knives.

1239 .... A criminal history involving violence or the threat of

1240 violence, if known.

1241 .... Another order of protection issued against him or her

1242 previously or from another jurisdiction, if known.

1243 .... Destroyed personal property, including, but not

1244 limited to, telephones or other communication equipment,

1245 clothing, or other items belonging to the petitioner.

1247 (e) The petitioner seeks an injunction:

1249 (Mark appropriate section or sections.)

1251 .... Immediately restraining the respondent from committing

1252 any acts of stalking.

1253 .... Restraining the respondent from committing any acts of

1254 stalking.

1255 .... Providing any terms the court deems necessary for the

1256 protection of a victim of stalking, including any injunctions or

1257 directives to law enforcement agencies.

1259 (f) Every petition for an injunction against stalking must

1260 contain, directly above the signature line, a statement in all

1261 capital letters and bold type not smaller than the surrounding

1262 text, as follows:

1264 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ

1265 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT

1266 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN

1267 THIS PETITION ARE BEING MADE UNDER PENALTIES OF

1268 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,

1269 FLORIDA STATUTES.

1271 ...(initials)...

1273 (4) Upon the filing of the petition, the court shall

1274 review the petition ex parte. The court must set a final hearing

1275 to be held at the earliest possible time if it appears that the

1276 petitioner is a victim of stalking. If a final hearing is set,

1277 the respondent must ~~shall~~ be personally served by a law

1278 enforcement officer with a copy of the petition, notice of

1279 hearing, and temporary injunction, if any, before the final

1280 hearing.

1281 (5)(a) Upon review of the petition, if it appears to the

1282 court that stalking exists, the court may grant a temporary

1283 injunction ex parte, pending a final ~~full~~ hearing, and may grant

1284 such relief as the court deems proper, including an injunction

1285 restraining the respondent from committing any act of stalking.

1286 (b) Except as provided in s. 90.204, in an ex parte review

1287 or an ~~a hearing~~ ex parte hearing for the purpose of obtaining

1288 such ex parte temporary injunction, evidence other than verified

1289 pleadings or affidavits may not be used as evidence, unless the

1290 respondent appears at the hearing or has received reasonable

1291 notice of the hearing. A denial of a petition for an ex parte

1292 temporary injunction shall be by written order noting the legal

1293 grounds for denial. If the only ground for denial is no

1294 appearance of an immediate and present danger of stalking, the

1295 court shall set a final ~~full~~ hearing on the petition for

1296 injunction with notice at the earliest possible time. This

1297 paragraph does not affect a petitioner's right to promptly amend

1298 any petition, or otherwise be heard in person on any petition

1299 consistent with the Florida Rules of Civil Procedure.

1300 (c) Any such ex parte temporary injunction is effective

1301 for a fixed period not to exceed 15 days. If a final ~~full~~

1302 hearing is set, as provided in this section, the hearing shall

1303 be set for a date no later than the date when the temporary

1304 injunction ceases to be effective. The court may grant a

1305 continuance of the hearing before or during the final a hearing

1306 for good cause shown by any party, which shall include a

1307 continuance to obtain service of process. An injunction shall be

1308 extended if necessary to remain in full force and effect during

1309 any period of continuance.

1310 (6)(a) Upon notice and final hearing, when it appears to

1311 the court that the petitioner is the victim of stalking, the

1312 court may grant such relief as the court deems proper, including

1313 an injunction:

1314 1. Restraining the respondent from committing any act of

1315 stalking.

1316 2. Ordering the respondent to participate in treatment,

1317 intervention, or counseling services to be paid for by the

1318 respondent.

1319 3. Referring a petitioner to appropriate services. The

1320 court may provide the petitioner with a list of certified

1321 domestic violence centers, certified rape crisis centers, and

1322 other appropriate referrals in the circuit which the petitioner

1323 may contact.

1324 4. Ordering such other relief as the court deems necessary

1325 for the protection of a victim of stalking, including

1326 injunctions or directives to law enforcement agencies, as

1327 provided in this section.

1328 (b) The terms of an injunction restraining the respondent

1329 under subparagraph (a)1. or ordering other relief for the

1330 protection of the victim under subparagraph (a)4. shall remain

1331 in effect until modified or dissolved. Either party may move at

1332 any time to modify or dissolve the injunction. Specific

1333 allegations are not required. Such relief may be granted in

1334 addition to other civil or criminal remedies.

1335 (c) A temporary or final ~~judgment on~~ injunction for

1336 protection against stalking entered pursuant to this section

1337 shall, on its face, indicate:

1338 1. That the injunction is valid and enforceable in all

1339 counties of this state.

1340 2. That law enforcement officers may use their arrest

1341 powers pursuant to s. 901.15(6) to enforce the terms of the

1342 injunction.

1343 3. That the court has jurisdiction over the parties and

1344 matter under the laws of this state and that reasonable notice

1345 and opportunity to be heard was given to the person against whom

1346 the order is sought sufficient to protect that person's right to

1347 due process.

1348 4. The date that the respondent was served with the

1349 temporary or final injunction ~~order,~~ if obtainable.

1350 (d) The fact that a separate injunction ~~order of~~

1351 ~~protection~~ is granted to each opposing party is not legally

1352 sufficient to deny any remedy to either party or to prove that

1353 the parties are equally at fault or equally endangered.

1354 (e) A final ~~judgment on an~~ injunction for protection

1355 against stalking entered pursuant to this section must, on its

1356 face, provide that it is a violation of s. 790.233 and a

1357 misdemeanor of the first degree for the respondent to have in

1358 his or her care, custody, possession, or control any firearm or

1359 ammunition.

1360 (f) All proceedings under this subsection shall be

1361 recorded. Recording may be by electronic means as provided by

1362 the Rules of General Practice and Judicial Administration.

1363 (7) The court shall allow an advocate from a state

1364 attorney's office, a law enforcement agency, a certified rape

1365 crisis center, or a certified domestic violence center who is

1366 registered under s. 39.905 to be present with the petitioner or

1367 respondent during any court proceedings or hearings related to

1368 the injunction for protection if the petitioner or respondent

1369 has made such a request and the advocate is able to be present.

1370 (8)(a)1. Within 24 hours after the court sets the case for

1371 a final hearing ~~issues an injunction for protection against~~

1372 ~~stalking,~~ the clerk of the court shall electronically transmit a

1373 copy of the petition, designation of mailing and e-mail

1374 addresses, notice of hearing, and temporary injunction, if any,

1375 to the sheriff or a law enforcement agency of the county where

1376 the respondent resides or can be found, who shall serve it upon

1377 the respondent as soon thereafter as possible on any day of the

1378 week and at any time of the day or night. The respondent shall

1379 file a designation of mailing or e-mail addresses with the clerk

1380 of the court for subsequent service within 1 business day after

1381 the respondent has been personally served. An electronic copy of

1382 the temporary an injunction must be certified by the clerk of

1383 the court, and the electronic copy must be served in the same

1384 manner as a certified copy. Upon receiving an electronic copy of

1385 the temporary injunction, the sheriff must verify receipt with

1386 the sender before attempting to serve it on the respondent. In

1387 addition, if the sheriff is in possession of a temporary an

1388 injunction for protection that has been certified by the clerk

1389 of the court, the sheriff may electronically transmit a copy of

1390 that temporary injunction to a law enforcement officer who shall

1391 serve it in the same manner as a certified copy. The clerk of

1392 the court shall furnish to the sheriff such information

1393 concerning the respondent's physical description and location as

1394 is required by the Department of Law Enforcement to comply with

1395 the verification procedures set forth in this section.

1396 Notwithstanding any other law, the chief judge of each circuit,

1397 in consultation with the appropriate sheriff, may authorize a

1398 law enforcement agency within the jurisdiction to effect

1399 service. A law enforcement agency serving injunctions pursuant

1400 to this section must use service and verification procedures

1401 consistent with those of the sheriff.

1402 2. If an injunction is issued and the petitioner requests

1403 the assistance of a law enforcement agency, the court may order

1404 that an officer from the appropriate law enforcement agency

1405 accompany the petitioner to assist in the execution or service

1406 of the temporary or final injunction. A law enforcement officer

1407 must accept a copy of a temporary or final an injunction for

1408 protection against stalking, certified by the clerk of the

1409 court, from the petitioner and immediately serve it upon a

1410 respondent who has been located but not yet served.

1411 3. An order issued, changed, continued, extended, or

1412 vacated subsequent to the original service of documents

1413 enumerated under subparagraph 1. must be certified by the clerk

1414 of the court and delivered to the parties at the time of the

1415 entry of the subsequent order if a party is physically present

1416 before the court. The parties may acknowledge receipt of such

1417 order in writing on the face of the original order. In the event

1418 If a party fails or refuses to acknowledge the receipt of a

1419 certified copy of an order, the clerk must ~~shall~~ note on the

1420 original order that service was effected. If delivery at the

1421 hearing is not possible, or the parties have appeared through

1422 audio-video communication technology, the clerk must ~~shall~~ mail

1423 or e-mail certified copies of the order to the parties at the

1424 last known physical or e-mail address of each party. Service by

1425 mail or e-mail is complete upon mailing or e-mailing. When an

1426 order is served by the clerk of the court pursuant to this

1427 subsection, the clerk shall prepare a written certification to

1428 be placed in the court file specifying the time, date, and

1429 method of service and shall notify the sheriff.

1430 4. If the respondent has been served by a law enforcement

1431 officer ~~previously~~ with the a temporary injunction or a notice

1432 of hearing on a ~~and has failed to appear at the initial hearing~~

1433 ~~on the~~ temporary injunction, any subsequent petition for

1434 injunction seeking an extension of time and any subsequent

1435 temporary injunction, final injunction, or order may be served

1436 on the respondent by the clerk of the court by certified mail or

1437 e-mail in lieu of personal service by a law enforcement officer.

1438 5. A Statewide Injunction Verification System is created

1439 within the Department of Law Enforcement. The department shall

1440 establish, implement, and maintain a statewide communication

1441 system capable of electronically transmitting information to and

1442 between criminal justice agencies relating to domestic violence

1443 injunctions, dating violence injunctions, sexual violence

1444 injunctions, repeat violence injunctions, and stalking

1445 injunctions issued by the courts throughout this state. Such

1446 information must include, but is not limited to, information as

1447 to the existence and status of any injunction for verification

1448 purposes.

1449 (b)1. Subsequent to the original service of documents in

1450 subparagraph (a)1., the clerk of the court, within 24 hours

1451 after the court issues a final an injunction for protection

1452 against stalking or changes, continues, extends, or vacates a

1453 temporary an injunction for protection against stalking, ~~the~~

1454 ~~clerk of the court~~ must electronically transmit a certified copy

1455 of the injunction for service to the sheriff having jurisdiction

1456 over the residence of the petitioner. The clerk must mail or e-

1457 mail certified copies of the order to the parties to the last

1458 known physical or e-mail address of each party. Service by mail

1459 or e-mail is complete upon mailing or e-mailing. When an order

1460 is served pursuant to this subsection, the clerk shall prepare a

1461 written certification to be placed in the court file specifying

1462 the time, date, and method of service and shall electronically

1463 transmit a certified copy of the order to the sheriff with

1464 jurisdiction over the residence of the petitioner ~~The injunction~~

1465 ~~must be served in accordance with this subsection.~~

1466 2. Within 24 hours after service of process of an

1467 injunction for protection against stalking upon a respondent,

1468 the law enforcement officer must electronically transmit the

1469 written proof of service of process to the sheriff having

1470 jurisdiction over the residence of the petitioner.

1471 3. Within 24 hours after the sheriff receives a certified

1472 copy of the injunction for protection against stalking, the

1473 sheriff must make information relating to the injunction

1474 available to other law enforcement agencies by electronically

1475 transmitting such information to the Department of Law

1476 Enforcement.

1477 4. Within 24 hours after the sheriff or other law

1478 enforcement officer has made service upon the respondent and the

1479 sheriff has been so notified, the sheriff must make information

1480 relating to the service available to other law enforcement

1481 agencies by electronically transmitting such information to the

1482 Department of Law Enforcement.

1483 5. Within 24 hours after the court issues a final

1484 injunction for protection after a hearing or changes, continues,

1485 extends, or vacates an injunction for protection against

1486 stalking ~~is vacated, terminated, or otherwise rendered no longer~~

1487 ~~effective by ruling of the court,~~ the clerk of the court must

1488 mail or e-mail certified copies of the injunction order to the

1489 last known physical or e-mail address of each party. Service by

1490 mail or e-mail is complete upon mailing or e-mailing. When an

1491 order is served pursuant to this subsection, the clerk shall

1492 prepare a written certification to be placed in the court file

1493 specifying the time, date, and method or service. The clerk of

1494 the court must electronically transmit a certified copy of the

1495 injunction to the sheriff with jurisdiction over the residence

1496 of the petitioner. Within 24 hours after the sheriff receives a

1497 certified copy of the injunction for protection against stalking

1498 under this subsection, the sheriff must make information

1499 relating to the injunction available to other law enforcement

1500 agencies by electronically transmitting such information to

1501 ~~notify the sheriff receiving original notification of the~~

1502 ~~injunction as provided in subparagraph 2. That agency shall,~~

1503 ~~within 24 hours after receiving such notification from the clerk~~

1504 ~~of the court, notify~~ the Department of Law Enforcement ~~of such~~

1505 ~~action of the court.~~

1506 (c) The petitioner may request a Hope Card under s.

1507 741.311 after the court has issued a final injunction ~~order of~~

1508 ~~protection.~~

1509 (9)(a) The court may enforce a violation of a temporary or

1510 final an injunction for protection against stalking through a

1511 civil or criminal contempt proceeding, or the state attorney may

1512 prosecute it as a criminal violation under s. 784.0487. Any

1513 assessments or fines ordered by the court enforcing such an

1514 injunction shall be collected by the clerk of the court and

1515 transferred on a monthly basis to the State Treasury for deposit

1516 into the Domestic Violence Trust Fund.

1517 (b) If the respondent is arrested by a law enforcement

1518 officer under s. 901.15(6) or for a violation of s. 784.0487,

1519 the respondent shall be held in custody until brought before the

1520 court as expeditiously as possible for the purpose of enforcing

1521 the injunction and for admittance to bail in accordance with

1522 chapter 903 and the applicable rules of criminal procedure,

1523 pending a hearing.

1524 (10) The petitioner or the respondent may move the court

1525 to modify or dissolve an injunction at any time.

1526 Section 4. Paragraph (a) of subsection (3) of section 61.1825, Florida Statutes, is amended to read:

1528 61.1825 State Case Registry.—

1529 (3)(a) For the purpose of this section, a family violence

1530 indicator must be placed on a record when:

1531 1. A party executes a sworn statement requesting that a

1532 family violence indicator be placed on that party's record which

1533 states that the party has reason to believe that release of

1534 information to the Federal Case Registry may result in physical

1535 or emotional harm to the party or the child; or

1536 2. A temporary or final injunction for protection against

1537 domestic violence has been granted pursuant to s. 741.30(6), an

1538 injunction for protection against domestic violence has been

1539 issued by a court of a foreign state pursuant to s. 741.315, or

1540 a temporary or final injunction for protection against repeat

1541 violence has been granted pursuant to s. 784.046; or

1542 3. The department has received information on a Title IV-D

1543 case from the Statewide ~~Domestic, Dating, Sexual, and Repeat~~

1544 ~~Violence~~ Injunction ~~Statewide~~ Verification System, established

1545 pursuant to s. 784.046(8)(b), that a court has granted a party a

1546 domestic violence or repeat violence injunction.

1547 Section 5. Paragraph (e) of subsection (2) of section

1548 943.05, Florida Statutes, is amended to read:

1549 943.05 Criminal Justice Information Program; duties; crime

1550 reports.—

1551 (2) The program shall:

1552 (e) Establish, implement, and maintain a Statewide

1553 ~~Domestic and Repeat Violence~~ Injunction ~~Statewide~~ Verification

1554 System capable of electronically transmitting information to and

1555 between criminal justice agencies relating to domestic violence

1556 injunctions, injunctions to prevent child abuse issued under

1557 chapter 39, and repeat violence injunctions issued by the courts

1558 throughout the state. Such information must include, but is not

1559 limited to, information as to the existence and status of any

1560 such injunction for verification purposes.

1561 Section 6. For the purpose of incorporating the amendment made by this act to section 741.30, Florida Statutes, in a

1563 reference thereto, subsection (5) of section 39.504, Florida

1564 Statutes, is reenacted to read:

1565 39.504 Injunction; penalty.—

1566 (5) Service of process on the respondent shall be carried

1567 out pursuant to s. 741.30. The department shall deliver a copy

1568 of any injunction issued pursuant to this section to the

1569 protected party or to a parent, caregiver, or individual acting

1570 in the place of a parent who is not the respondent. Law

1571 enforcement officers may exercise their arrest powers as

1572 provided in s. 901.15(6) to enforce the terms of the injunction.

1573 Section 7. For the purpose of incorporating the amendment

1574 made by this act to section 741.30, Florida Statutes, in a

1575 reference thereto, paragraph (b) of subsection (3) of section

1576 44.407, Florida Statutes, is reenacted to read:

1577 44.407 Elder-focused dispute resolution process.—

1578 (3) REFERRAL.—

1579 (b) The court may not refer a party who has a history of

1580 domestic violence or exploitation of an elderly person to

1581 eldercaring coordination unless the elder and other parties in

1582 the action consent to such referral.

1583 1. The court shall offer each party an opportunity to

1584 consult with an attorney or a domestic violence advocate before

1585 accepting consent to such referral. The court shall determine

1586 whether each party has given his or her consent freely and

1587 voluntarily.

1588 2. The court shall consider whether a party has committed

1589 an act of exploitation as defined in s. 415.102, exploitation of

1590 an elderly person or disabled adult as defined in s. 825.103(1),

1591 or domestic violence as defined in s. 741.28 against another

1592 party or any member of another party's family; engaged in a

1593 pattern of behaviors that exert power and control over another

1594 party and that may compromise another party's ability to

1595 negotiate a fair result; or engaged in behavior that leads

1596 another party to have reasonable cause to believe that he or she

1597 is in imminent danger of becoming a victim of domestic violence.

1598 The court shall consider and evaluate all relevant factors,

1599 including, but not limited to, the factors specified in s.

1600 741.30(6)(b).

1601 3. If a party has a history of domestic violence or

1602 exploitation of an elderly person, the court must order

1603 safeguards to protect the safety of the participants and the

1604 elder and the elder's property, including, but not limited to,

1605 adherence to all provisions of an injunction for protection or

1606 conditions of bail, probation, or a sentence arising from

1607 criminal proceedings.

1608 Section 8. For the purpose of incorporating the amendment

1609 made by this act to section 741.30, Florida Statutes, in a

1610 reference thereto, paragraph (b) of subsection (4) of section

1611 61.125, Florida Statutes, is reenacted to read:

1612 61.125 Parenting coordination.—

1613 (4) DOMESTIC VIOLENCE ISSUES.—

1614 (b) In determining whether there has been a history of

1615 domestic violence, the court shall consider whether a party has

1616 committed an act of domestic violence as defined s. 741.28, or

1617 child abuse as defined in s. 39.01, against the other party or

1618 any member of the other party's family; engaged in a pattern of

1619 behaviors that exert power and control over the other party and

1620 that may compromise the other party's ability to negotiate a

1621 fair result; or engaged in behavior that leads the other party

1622 to have reasonable cause to believe he or she is in imminent

1623 danger of becoming a victim of domestic violence. The court

1624 shall consider and evaluate all relevant factors, including, but

1625 not limited to, the factors listed in s. 741.30(6)(b).

1626 Section 9. For the purpose of incorporating the amendment made by this act to section 741.30, Florida Statutes, in a

1628 reference thereto, subsection (1) of section 741.29, Florida

1629 Statutes, is reenacted to read:

1630 741.29 Domestic violence; investigation of incidents;

1631 notice to victims of legal rights and remedies; reporting.—

1632 (1) Any law enforcement officer who investigates an

1633 alleged incident of domestic violence shall:

1634 (a) Assist the victim to obtain medical treatment if such

1635 is required as a result of the alleged incident to which the

1636 officer responds;

1637 (b) Advise the victim of such violence that there is a

1638 domestic violence center from which the victim may receive

1639 services;

1640 (c) Administer a lethality assessment consistent with the

1641 requirements established in subsection (2) if the allegation of

1642 domestic violence is against an intimate partner, regardless of

1643 whether an arrest is made; and

1644 (d) Give the victim immediate notice of the legal rights

1645 and remedies available on a standard form developed and

1646 distributed by the department. As necessary, the department

1647 shall revise the Legal Rights and Remedies Notice to Victims to

1648 include a general summary of s. 741.30 using simple English as

1649 well as Spanish, and shall distribute the notice as a model form

1650 to be used by all law enforcement agencies throughout this

1651 state. The notice must include:

1652 1. The resource listing, including telephone number, for

1653 the area domestic violence center designated by the Department

1654 of Children and Families; and

1655 2. A copy of the following statement:

1657 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may

1658 ask the state attorney to file a criminal complaint.

1659 You also have the right to go to court and file a

1660 petition requesting an injunction for protection from

1661 domestic violence which may include, but need not be

1662 limited to, provisions which restrain the abuser from

1663 further acts of abuse; direct the abuser to leave your

1664 household; prevent the abuser from entering your

1665 residence, school, business, or place of employment;

1666 award you custody of your minor child or children; and

1667 direct the abuser to pay support to you and the minor

1668 children if the abuser has a legal obligation to do

1669 so.

1671 Section 10. This act shall take effect July 1, 2026.