SB 1280 full text · Session Watch

Florida Senate - 2026 SB 1280 By Senator Calatayud 38-00747A-26 20261280__

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 by

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

139 seeking injunctive relief pursuant to this chapter solely on the

140 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 petition

158 for an injunction for protection against domestic violence may

159 be filed in the circuit where the petitioner currently or

160 temporarily resides, where the respondent resides, or where the

161 domestic violence occurred. There is no minimum requirement of

162 residency to petition for an injunction for protection.

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

164 filing fee for a petition for protection against domestic

165 violence is prohibited. However, subject to legislative

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

167 quarterly basis, submit to the Justice Administrative Commission

168 a certified request for reimbursement for petitions for

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

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

171 submitted in the form and manner prescribed by the Justice

172 Administrative Commission. From this reimbursement, the clerk

173 shall pay any law enforcement agency serving the injunction the

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

175 may not exceed $20.

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

177 an injunction.

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

179 seeking both injunctions for protection against domestic

180 violence and enforcement for a violation thereof as specified in

181 this section.

182 2. All clerks’ offices shall provide simplified petition

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

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

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

186 for completion.

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

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

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

190 paragraph (a).

191 4. The clerk of the court shall ensure the petitioner’s

192 privacy to the extent practical while completing the forms for

193 injunctions for protection against domestic violence.

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

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

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

197 petitioner of the process for service and enforcement.

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

199 shall receive training in the effective assistance of

200 petitioners as provided or approved by the Florida Association

201 of Court Clerks.

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

203 available informational brochures on domestic violence when such

204 brochures are provided by local certified domestic violence

205 centers.

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

207 statewide uniform informational brochure to petitioners at the

208 time of filing for an injunction for protection against domestic

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

210 brochure must include information about the effect of giving the

211 court false information about domestic violence.

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

213 such domestic violence and must include the specific facts and

214 circumstances upon the basis of which relief is sought.

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

216 following form:

218 PETITION FOR

219 INJUNCTION FOR PROTECTION

220 AGAINST DOMESTIC VIOLENCE

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

223 of perjury that the following statements are true:

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

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

226 confidential filing if, for safety reasons, the petitioner

227 requires the location of the current residence to be

228 confidential.)

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

230 (c) Respondent’s last known place of employment: ...(name

231 of business and address)...

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

233 Race........

234 Sex........

235 Date of birth........

236 Height........

237 Weight........

238 Eye color........

239 Hair color........

240 Distinguishing marks or scars........

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

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

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

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

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

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

247 common, regardless of whether the petitioner and respondent are

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

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

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

251 ................................................................

252 The petitioner should also describe any previous or pending

253 attempts by the petitioner to obtain an injunction for

254 protection against domestic violence in this or any other

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

256 ................................................................

257 Case numbers should be included if available.

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

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

260 of becoming a victim of domestic violence because respondent

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

262 below the incidents of violence or threats of violence,

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

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

265 employment, or visitation exchange)...

266 .........................................................

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

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

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

270 aggravated assault, battery, aggravated battery, sexual assault,

271 sexual battery, stalking, aggravated stalking, kidnapping, false

272 imprisonment, or any criminal offense resulting in physical

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

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

275 common, the family or household members must be currently

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

277 dwelling unit.

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

279 abused the petitioner.

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

281 individuals closely associated with the petitioner.

282 ....threatened to conceal, kidnap, or harm the petitioner’s

283 child or children.

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

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

286 any weapons such as guns or knives.

287 ....physically restrained the petitioner from leaving the

288 home or calling law enforcement.

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

290 violence (if known).

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

292 previously or from another jurisdiction (if known).

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

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

295 other items belonging to the petitioner.

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

297 intimidating, or controlling behavior composed of a series of

298 acts over a period of time, however short.

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

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

301 imminent danger of becoming a victim of domestic violence.

302 (i) Petitioner alleges the following additional specific

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

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

305 petitioner whose names and ages are as follows:

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

308 the dwelling that the parties share.

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

310 because:

312 ....Petitioner genuinely fears that respondent imminently

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

314 petitioner because:

316 (j) Petitioner genuinely fears imminent domestic violence

317 by respondent.

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

319 section or sections)...

320 ....Immediately restraining the respondent from committing

321 any acts of domestic violence.

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

323 domestic violence.

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

325 and possession of the dwelling that the parties share or

326 excluding the respondent from the residence of the petitioner.

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

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

329 or children of the parties which might involve prohibiting or

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

331 third party.

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

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

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

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

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

337 respondent.

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

339 children or the petitioner.

340 ....Directing the respondent to participate in a batterers’

341 intervention program.

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

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

344 children of the victim, including any injunctions or directives

345 to law enforcement agencies.

347 (c) Every petition for an injunction against domestic

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

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

350 the surrounding text, as follows:

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

353 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT

354 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN

355 THIS PETITION ARE BEING MADE UNDER PENALTIES OF

356 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,

357 FLORIDA STATUTES.

359 ...(initials)...

361 (d) If the verified petition seeks to determine a parenting

362 plan and time-sharing schedule with regard to the minor child or

363 children of the parties, the verified petition must be

364 accompanied by or must incorporate the allegations required by

365 s. 61.522 of the Uniform Child Custody Jurisdiction and

366 Enforcement Act.

367 (4) Upon the filing of the petition, the court shall review

368 the petition ex parte. The court must set a final hearing to be

369 held at the earliest possible time if it appears the petitioner

370 is a victim of domestic violence or has reasonable cause to

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

372 domestic violence . If a final hearing is set, the respondent

373 must ~~shall~~ be personally served by a law enforcement officer

374 with a copy of the petition, financial affidavit, Uniform Child

375 Custody Jurisdiction and Enforcement Act affidavit, if any,

376 notice of final hearing, and temporary injunction, if any,

377 before ~~prior to~~ the final hearing.

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

379 court that an immediate and present danger of domestic violence

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

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

382 court deems proper, including an injunction:

383 1. Restraining the respondent from committing any acts of

384 domestic violence.

385 2. Awarding to the petitioner the temporary exclusive use

386 and possession of the dwelling that the parties share or

387 excluding the respondent from the residence of the petitioner.

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

389 petitioner a temporary parenting plan, including a time-sharing

390 schedule, which may award the petitioner up to 100 percent of

391 the time-sharing. If temporary time-sharing is awarded to the

392 respondent, the exchange of the child must occur at a neutral

393 safe exchange location as provided in s. 125.01(8) or a location

394 authorized by a supervised visitation program as defined in s.

395 753.01 if the court determines it is in the best interests of

396 the child after consideration of all of the factors specified in

397 s. 61.13(3). The temporary parenting plan remains in effect

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

399 competent jurisdiction in a pending or subsequent civil action

400 or proceeding affecting the placement of, access to, parental

401 time with, adoption of, or parental rights and responsibilities

402 for the minor child.

403 4. If the petitioner and respondent have an existing

404 parenting plan or time-sharing schedule under another court

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

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

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

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

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

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

411 5. Awarding to the petitioner the temporary exclusive care,

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

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

414 minor child residing in the residence or household of the

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

416 temporarily have no contact with the animal and prohibit the

417 respondent from taking, transferring, encumbering, concealing,

418 harming, or otherwise disposing of the animal. This subparagraph

419 does not apply to an animal owned primarily for a bona fide

420 agricultural purpose, as defined under s. 193.461, or to a

421 service animal, as defined under s. 413.08, if the respondent is

422 the service animal’s handler.

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

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

425 such ex parte temporary injunction, no evidence other than

426 verified pleadings or affidavits shall be used as evidence,

427 unless the respondent appears at the hearing or has received

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

429 ex parte temporary injunction shall be by written order noting

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

431 no appearance of an immediate and present danger of domestic

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

433 petition for injunction with notice at the earliest possible

434 time. Nothing herein affects a petitioner’s right to promptly

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

436 petition consistent with the Florida Rules of Civil Procedure.

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

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

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

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

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

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

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

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

445 force and effect during any period of continuance.

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

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

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

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

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

451 deems proper, including an injunction:

452 1. Restraining the respondent from committing any acts of

453 domestic violence.

454 2. Awarding to the petitioner the exclusive use and

455 possession of the dwelling that the parties share or excluding

456 the respondent from the residence of the petitioner.

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

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

459 temporary parenting plan that remains in effect until the order

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

461 jurisdiction in a pending or subsequent civil action or

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

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

464 the minor child.

465 4. If the petitioner and respondent have an existing

466 parenting plan or time-sharing schedule under another court

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

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

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

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

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

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

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

474 establishing temporary support for a minor child or children or

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

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

477 competent jurisdiction in a pending or subsequent civil action

478 or proceeding affecting child support.

479 6. Ordering the respondent to participate in treatment,

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

481 respondent. When the court orders the respondent to participate

482 in a batterers’ intervention program, the court, or any entity

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

484 of batterers’ intervention programs from which the respondent

485 must choose a program in which to participate.

486 7. Referring a petitioner to a certified domestic violence

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

488 certified domestic violence centers in the circuit which the

489 petitioner may contact.

490 8. Awarding to the petitioner the exclusive care,

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

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

493 minor child residing in the residence or household of the

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

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

496 taking, transferring, encumbering, concealing, harming, or

497 otherwise disposing of the animal. This subparagraph does not

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

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

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

501 animal’s handler.

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

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

504 injunctions or directives to law enforcement agencies, as

505 provided in this section.

506 (b) In determining whether a petitioner has reasonable

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

508 victim of domestic violence, the court shall consider and

509 evaluate all relevant factors alleged in the petition,

510 including, but not limited to:

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

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

513 ~~and~~ physical abuse.

514 2. Whether the respondent has attempted to harm the

515 petitioner or family members or individuals closely associated

516 with the petitioner.

517 3. Whether the respondent has threatened to conceal,

518 kidnap, or harm the petitioner’s child or children.

519 4. Whether the respondent has intentionally injured or

520 killed a family pet.

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

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

523 6. Whether the respondent has physically restrained the

524 petitioner from leaving the home or calling law enforcement.

525 7. Whether the respondent has a criminal history involving

526 violence or the threat of violence.

527 8. The existence of a verifiable order of protection issued

528 previously or from another jurisdiction.

529 9. Whether the respondent has destroyed personal property,

530 including, but not limited to, telephones or other

531 communications equipment, clothing, or other items belonging to

532 the petitioner.

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

534 of abusive, threatening, intimidating, or controlling behavior

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

536 short, which evidences a continuity of purpose and which

537 reasonably causes the petitioner to believe that the petitioner

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

539 becoming victims of any act of domestic violence.

540 11. Whether the respondent engaged in any other behavior or

541 conduct that leads the petitioner to have reasonable cause to

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

543 victim of domestic violence.

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

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

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

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

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

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

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

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

553 to other civil or criminal remedies.

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

555 protection against domestic violence entered under this section

556 shall, on its face, indicate that:

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

558 of the State of Florida.

559 2. Law enforcement officers may use their arrest powers

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

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

562 under the laws of Florida and that reasonable notice and

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

564 order is sought sufficient to protect that person’s right to due

565 process.

566 4. The date the respondent was served with the temporary or

567 final order, if obtainable.

568 (e) An injunction for protection against domestic violence

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

570 respondent attend a batterers’ intervention program as a

571 condition of the injunction. Unless the court makes written

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

573 substantial evidence, stating why batterers’ intervention

574 programs would be inappropriate, the court shall order the

575 respondent to attend a batterers’ intervention program if:

576 1. It finds that the respondent willfully violated the

577 temporary ex parte injunction;

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

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

580 contendere to a crime involving violence or a threat of

581 violence; or

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

583 had at any time a prior injunction for protection entered

584 against the respondent after a hearing with notice.

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

586 to each opposing party is not legally sufficient to deny any

587 remedy to either party or to prove that the parties are equally

588 at fault or equally endangered.

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

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

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

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

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

594 (h) All proceedings under this subsection shall be

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

596 the Rules of General Practice and Judicial Administration.

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

598 attorney’s office, an advocate from a law enforcement agency, or

599 an advocate from a certified domestic violence center who is

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

601 respondent during any court proceedings or hearings related to

602 the injunction for protection, provided the petitioner or

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

604 be present.

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

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

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

608 transmit a copy of the petition, designation of mailing and e

609 mail addresses for service, financial affidavit, Uniform Child

610 Custody Jurisdiction and Enforcement Act affidavit, if any,

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

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

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

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

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

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

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

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

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

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

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

622 temporary injunction, the sheriff must verify receipt with the

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

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

625 injunction for protection that has been certified by the clerk

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

627 that temporary injunction to a law enforcement officer who shall

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

629 the court is responsible for furnishing to the sheriff such

630 information on the respondent’s physical description and

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

632 verification procedures set forth in this section.

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

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

635 may authorize a law enforcement agency within the jurisdiction

636 to effect service. A law enforcement agency serving injunctions

637 pursuant to this section must use service and verification

638 procedures consistent with those of the sheriff.

639 2. When an injunction is issued, if the petitioner requests

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

641 that an officer from the appropriate law enforcement agency

642 accompany the petitioner and assist in placing the petitioner in

643 possession of the dwelling or residence, or otherwise assist in

644 the execution or service of the temporary or final injunction. A

645 law enforcement officer must accept a copy of the temporary or

646 final an injunction for protection against domestic violence,

647 certified by the clerk of the court, from the petitioner and

648 immediately serve it upon a respondent who has been located but

649 not yet served.

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

651 vacated subsequent to the original service of documents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

668 and shall notify the sheriff.

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

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

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

673 temporary injunction, any subsequent petition for injunction

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

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

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

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

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

679 Injunction Verification System is created within the Department

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

681 and maintain a statewide communication system capable of

682 electronically transmitting information to and between criminal

683 justice agencies relating to domestic violence injunctions ,

684 dating violence injunctions, sexual violence injunctions, ~~and~~

685 repeat violence injunctions , and stalking injunctions issued by

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

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

688 status of any injunction for verification purposes.

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

690 injunction for protection against domestic violence ~~or changes,~~

691 ~~continues, extends, or vacates an injunction for protection~~

692 ~~against domestic violence~~ , the clerk of the court must

693 electronically transmit a certified copy of the injunction for

694 service to the sheriff with jurisdiction over the residence of

695 the petitioner. The injunction must be served in accordance with

696 this subsection.

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

698 injunction for protection against domestic violence upon a

699 respondent, the law enforcement officer must electronically

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

701 with jurisdiction over the residence of the petitioner.

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

703 copy of the injunction for protection against domestic violence,

704 the sheriff must make information relating to the injunction

705 available to other law enforcement agencies by electronically

706 transmitting such information to the department.

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

708 enforcement officer has made service upon the respondent and the

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

710 relating to the service available to other law enforcement

711 agencies by electronically transmitting such information to the

712 department.

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

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

715 extends, or vacates an injunction for protection against

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

717 copies of the injunction order to the last known physical or e

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

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

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

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

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

723 of the court must electronically transmit a certified copy of

724 the injunction to the sheriff with jurisdiction over the

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

726 receives a certified copy of the injunction for protection

727 against domestic violence under this subsection, the sheriff

728 must make information relating to the injunction available to

729 other law enforcement agencies by electronically transmitting

730 such information to the department.

731 6. Subject to available funding, the Florida Association of

732 Court Clerks and Comptrollers shall develop an automated process

733 by which a petitioner may request notification of service of the

734 injunction for protection against domestic violence and other

735 court actions related to the injunction for protection. The

736 automated notice must be made within 12 hours after the sheriff

737 or other law enforcement officer serves the injunction upon the

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

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

740 against domestic violence was served. The Florida Association of

741 Court Clerks and Comptrollers may apply for any available grants

742 to fund the development of the automated process.

743 7. 6. Within 24 hours after an injunction for protection

744 against domestic violence is vacated, terminated, or otherwise

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

746 of the court must notify the sheriff receiving original

747 notification of the injunction as provided in subparagraph 2.

748 That agency shall, within 24 hours after receiving such

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

750 of such action of the court.

751 (d) The petitioner may request a Hope Card under s. 741.311

752 after the court has issued a final injunction ~~order of~~

753 ~~protection~~ .

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

755 for protection against domestic violence through a civil or

756 criminal contempt proceeding, or the state attorney may

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

758 may enforce the respondent’s compliance with the injunction

759 through any appropriate civil and criminal remedies, including,

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

761 of the court shall collect and receive such assessments or

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

763 collected pursuant to this paragraph to the State Treasury for

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

765 741.01.

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

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

768 respondent shall be held in custody until brought before the

769 court as expeditiously as possible for the purpose of enforcing

770 the injunction and for admittance to bail in accordance with

771 chapter 903 and the applicable rules of criminal procedure,

772 pending a hearing.

773 (10) The petitioner or the respondent may move the court to

774 modify or dissolve an injunction at any time.

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

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

777 784.046, Florida Statutes, are amended, and paragraph (f) is

778 added to subsection (2) of that section, to read:

779 784.046 Action by victim of repeat violence, sexual

780 violence, or dating violence for protective injunction; dating

781 violence investigations, notice to victims, and reporting;

782 pretrial release violations; public records exemption.—

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

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

785 separate cause of action for an injunction for protection in

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

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

788 violence.

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

790 protection. This does not preclude the court from issuing

791 separate injunctions for protection against repeat violence,

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

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

794 waived.

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

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

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

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

799 any person who is not represented by counsel.

800 (4)

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

802 following form:

804 PETITION FOR INJUNCTION FOR PROTECTION

805 AGAINST REPEAT VIOLENCE, SEXUAL

806 VIOLENCE, OR DATING VIOLENCE

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

809 penalties of perjury that the following statements are true:

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

812 an injunction for protection against repeat violence, sexual

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

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

815 petitioner requires the location of his or her current residence

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

817 Statutes.)

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

819 3.a. Petitioner has suffered repeat violence as

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

821 incidents of violence)...

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)...

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

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

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

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

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

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

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

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

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

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

846 facts that characterize the relationship)...

852 4. Petitioner genuinely fears repeat violence by the

853 respondent.

854 5. Petitioner seeks: an immediate injunction against the

855 respondent, enjoining him or her from committing any further

856 acts of violence; an injunction enjoining the respondent from

857 committing any further acts of violence; and an injunction

858 providing any terms the court deems necessary for the protection

859 of the petitioner and the petitioner’s immediate family,

860 including any injunctions or directives to law enforcement

861 agencies.

863 (5) Upon the filing of the petition, the court shall review

864 the petition ex parte. The court must set a final hearing to be

865 held at the earliest possible time if it appears that the

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

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

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

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

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

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

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

873 the court that an immediate and present danger of violence

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

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

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

877 proper, including an injunction enjoining the respondent from

878 committing any acts of violence.

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

880 parte review or hearing for the purpose of obtaining such

881 temporary injunction, no evidence other than the verified

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

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

884 or has received reasonable notice of the hearing. A court’s

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

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

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

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

889 final hearing on the petition without issuing a temporary

890 injunction with notice at the earliest possible time. This

891 paragraph does not affect a petitioner’s right to promptly

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

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

894 Procedure.

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

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

897 ex parte temporary injunction granted under subparagraph

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

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

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

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

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

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

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

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

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

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

908 any period of continuance .

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

910 relief as the court deems proper, including an injunction:

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

912 violence.

913 (b) Ordering such other relief as the court deems necessary

914 for the protection of the petitioner, including injunctions or

915 directives to law enforcement agencies, as provided in this

916 section.

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

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

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

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

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

922 protection against repeat violence, sexual violence, or dating

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

924 indicate that:

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

926 of the State of Florida.

927 2. Law enforcement officers may use their arrest powers

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

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

930 under the laws of Florida and that reasonable notice and

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

932 order is sought sufficient to protect that person’s right to due

933 process.

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

935 temporary or final order, if obtainable.

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

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

938 General Practice and Judicial Administration.

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

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

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

942 of the court shall electronically transmit a copy of the

943 petition, notice of hearing, and temporary injunction, if any,

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

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

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

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

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

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

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

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

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

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

954 the temporary injunction, the sheriff must verify receipt with

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

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

957 injunction for protection that has been certified by the clerk

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

959 that temporary injunction to a law enforcement officer who shall

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

961 the court is responsible for furnishing to the sheriff such

962 information on the respondent’s physical description and

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

964 verification procedures set forth in this section.

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

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

967 may authorize a law enforcement agency within the chief judge’s

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

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

970 temporary an injunction issued under this section unless the

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

972 2. When an injunction is issued, if the petitioner requests

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

974 that an officer from the appropriate law enforcement agency

975 accompany the petitioner and assist in the execution or service

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

977 must accept a copy of the temporary or final an injunction for

978 protection against repeat violence, sexual violence, or dating

979 violence, certified by the clerk of the court, from the

980 petitioner and immediately serve it upon a respondent who has

981 been located but not yet served.

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

983 vacated subsequent to the original service of documents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1000 and shall notify the sheriff.

1002 If the respondent has been served by a law enforcement officer

1003 with the temporary injunction or a notice of hearing on a

1004 temporary injunction, any subsequent petition for injunction

1005 seeking an extension of time, or any subsequent temporary

1006 injunction, final injunction, or order, may be served on the

1007 respondent by the clerk of the court by certified mail or e

1008 mail, in lieu of personal service by a law enforcement officer.

1009 (b) A ~~Domestic, Dating, Sexual, and Repeat Violence~~

1010 ~~Injunction~~ Statewide Injunction Verification System is created

1011 within the Department of Law Enforcement. The department shall

1012 establish, implement, and maintain a statewide communication

1013 system capable of electronically transmitting information to and

1014 between criminal justice agencies relating to domestic violence

1015 injunctions, dating violence injunctions, sexual violence

1016 injunctions, ~~and~~ repeat violence injunctions , and stalking

1017 injunctions issued by the courts throughout the state. Such

1018 information must include, but is not limited to, information as

1019 to the existence and status of any injunction for verification

1020 purposes.

1021 (c)1. Within 24 hours after the court issues an injunction

1022 for protection against repeat violence, sexual violence, or

1023 dating violence or changes or vacates an injunction for

1024 protection against repeat violence, sexual violence, or dating

1025 violence, the clerk of the court must electronically transmit a

1026 copy of the injunction to the sheriff with jurisdiction over the

1027 residence of the petitioner.

1028 2. Within 24 hours after service of process of an

1029 injunction for protection against repeat violence, sexual

1030 violence, or dating violence upon a respondent, the law

1031 enforcement officer must electronically transmit the written

1032 proof of service of process to the sheriff with jurisdiction

1033 over the residence of the petitioner.

1034 3. Within 24 hours after the sheriff receives a certified

1035 copy of the injunction for protection against repeat violence,

1036 sexual violence, or dating violence, the sheriff must make

1037 information relating to the injunction available to other law

1038 enforcement agencies by electronically transmitting such

1039 information to the department.

1040 4. Within 24 hours after the sheriff or other law

1041 enforcement officer has made service upon the respondent and the

1042 sheriff has been so notified, the sheriff must make information

1043 relating to the service available to other law enforcement

1044 agencies by electronically transmitting such information to the

1045 department.

1046 5. Within 24 hours after the court issues a final

1047 injunction for protection after a hearing or changes, continues,

1048 extends, or vacates an injunction for protection against repeat,

1049 sexual, or dating violence, the clerk must mail or e-mail

1050 certified copies of the injunction order to the last known

1051 physical or e-mail address of each party. Service by mail or e

1052 mail is complete upon mailing or e-mailing. When an order is

1053 served pursuant to this subsection, the clerk shall prepare a

1054 written certification to be placed in the court file specifying

1055 the time, date, and method of service. The clerk of the court

1056 shall electronically transmit a certified copy of the injunction

1057 to the sheriff with jurisdiction over the residence of the

1058 petitioner. Within 24 hours after the sheriff receives a

1059 certified copy of the injunction for protection against domestic

1060 violence under this subsection, the sheriff must make

1061 information relating to the injunction available to other law

1062 enforcement agencies by electronically transmitting such

1063 information to the department.

1064 6. Subject to available funding, the Florida Association of

1065 Court Clerks and Comptrollers shall develop an automated process

1066 by which a petitioner may request notification of service of the

1067 injunction for protection against repeat violence, sexual

1068 violence, or dating violence and other court actions related to

1069 the injunction for protection. The automated notice must be made

1070 within 12 hours after the sheriff or other law enforcement

1071 officer serves the injunction upon the respondent. The

1072 notification must include, at a minimum, the date, time, and

1073 location where the injunction for protection against repeat

1074 violence, sexual violence, or dating violence was served. The

1075 Florida Association of Court Clerks and Comptrollers may apply

1076 for any available grants to fund the development of the

1077 automated process.

1078 7. 6. Within 24 hours after an injunction for protection

1079 against repeat violence, sexual violence, or dating violence is

1080 lifted, terminated, or otherwise rendered no longer effective by

1081 ruling of the court, the clerk of the court must notify the

1082 sheriff or local law enforcement agency receiving original

1083 notification of the injunction as provided in subparagraph 2.

1084 That agency shall, within 24 hours after receiving such

1085 notification from the clerk of the court, notify the department

1086 of such action of the court.

1087 (d) The petitioner may request a Hope Card under s. 741.311

1088 after the court has issued a final injunction ~~order of~~

1089 ~~protection~~ .

1090 (9)(a) The court shall enforce, through a civil or criminal

1091 contempt proceeding, a violation of the temporary or final an

1092 injunction for protection. The court may enforce the

1093 respondent’s compliance with the injunction by imposing a

1094 monetary assessment. The clerk of the court shall collect and

1095 receive such assessments. On a monthly basis, the clerk shall

1096 transfer the moneys collected pursuant to this paragraph to the

1097 State Treasury for deposit in the Crimes Compensation Trust Fund

1098 established in s. 960.21.

1099 (b) If the respondent is arrested by a law enforcement

1100 officer under s. 901.15(6) for committing an act of repeat

1101 violence, sexual violence, or dating violence in violation of a

1102 temporary or final an injunction for protection, the respondent

1103 shall be held in custody until brought before the court as

1104 expeditiously as possible for the purpose of enforcing the

1105 injunction and for admittance to bail in accordance with chapter

1106 903 and the applicable rules of criminal procedure, pending a

1107 hearing.

1108 Section 3. Section 784.0485, Florida Statutes, is amended

1109 to read:

1110 784.0485 Stalking; injunction; powers and duties of court

1111 and clerk; petition; notice and hearing; temporary injunction;

1112 issuance of injunction; Statewide Injunction Verification

1113 System; enforcement.—

1114 (1) There is created a cause of action for an injunction

1115 for protection against stalking. For the purposes of injunctions

1116 for protection against stalking under this section, the offense

1117 of stalking shall include the offense of cyberstalking.

1118 (a) A person who is the victim of stalking or the parent or

1119 legal guardian of a minor child who is living at home who seeks

1120 an injunction for protection against stalking on behalf of the

1121 minor child has standing in the circuit court to file a verified

1122 petition for an injunction for protection against stalking.

1123 (b) The cause of action for an injunction for protection

1124 may be sought regardless of whether any other cause of action is

1125 currently pending between the parties. However, the pendency of

1126 any such cause of action shall be alleged in the petition.

1127 (c) The cause of action for an injunction may be sought by

1128 any affected person.

1129 (d) The cause of action for an injunction does not require

1130 either party to be represented by an attorney.

1131 (e) The court may not issue mutual orders of protection;

1132 however, the court is not precluded from issuing separate

1133 injunctions for protection against stalking if each party has

1134 complied with this section. Compliance with this section may not

1135 be waived.

1136 (f) Notwithstanding chapter 47, a petition for an

1137 injunction for protection against stalking may be filed in the

1138 circuit where the petitioner currently or temporarily resides,

1139 where the respondent resides, or where the stalking occurred.

1140 There is no minimum requirement of residency to petition for an

1141 injunction for protection.

1142 (2)(a) Notwithstanding any other law, the clerk of court

1143 may not assess a filing fee to file a petition for protection

1144 against stalking. However, subject to legislative appropriation,

1145 the clerk of the circuit court may, on a quarterly basis, submit

1146 to the Justice Administrative Commission a certified request for

1147 reimbursement for petitions for protection against stalking

1148 issued by the court, at the rate of $40 per petition. The

1149 request for reimbursement must be submitted in the form and

1150 manner prescribed by the Justice Administrative Commission. From

1151 this reimbursement, the clerk shall pay any law enforcement

1152 agency serving the injunction the fee requested by the law

1153 enforcement agency; however, this fee may not exceed $20.

1154 (b) A bond is not required by the court for the entry of an

1155 injunction.

1156 (c)1. The clerk of the court shall assist petitioners in

1157 seeking both injunctions for protection against stalking and

1158 enforcement of a violation thereof as specified in this section.

1159 2. All offices of the clerk of the court shall provide

1160 simplified petition forms for the injunction and any

1161 modifications to and the enforcement thereof, and a designation

1162 of mailing and e-mail addresses for service, including

1163 instructions for completion.

1164 3. The clerk of the court shall ensure the petitioner’s

1165 privacy to the extent practicable while completing the forms for

1166 an injunction for protection against stalking.

1167 4. The clerk of the court shall provide a petitioner with a

1168 minimum of two certified copies of the order of injunction, one

1169 of which is serviceable and will inform the petitioner of the

1170 process for service and enforcement.

1171 5. The clerk of the court and appropriate staff in each

1172 county shall receive training in the effective assistance of

1173 petitioners as provided or approved by the Florida Association

1174 of Court Clerks and Comptrollers.

1175 6. The clerk of the court in each county shall make

1176 available informational brochures on stalking when such a

1177 brochure is provided by the local certified domestic violence

1178 center or certified rape crisis center.

1179 7. The clerk of the court in each county shall distribute a

1180 statewide uniform informational brochure to petitioners at the

1181 time of filing for an injunction for protection against stalking

1182 when such brochures become available. The brochure must include

1183 information about the effect of giving the court false

1184 information.

1185 (3)(a) The verified petition shall allege the existence of

1186 such stalking and shall include the specific facts and

1187 circumstances for which relief is sought.

1188 (b) The verified petition shall be in substantially the

1189 following form:

1191 PETITION FOR INJUNCTION

1192 FOR PROTECTION AGAINST STALKING

1194 The undersigned petitioner ...(name)... declares under

1195 penalties of perjury that the following statements are

1196 true:

1198 1. Petitioner resides at: ...(address)...

1199 (Petitioner may furnish the address to the court in a

1200 separate confidential filing if, for safety reasons,

1201 the petitioner requires the location of the current

1202 residence to be confidential.)

1203 2. Respondent resides at: ...(last known address)...

1204 3. Respondent’s last known place of employment:

1205 ...(name of business and address)...

1206 4. Physical description of respondent: ....

1207 5. Race: ....

1208 6. Sex: ....

1209 7. Date of birth: ....

1210 8. Height: ....

1211 9. Weight: ....

1212 10. Eye color: ....

1213 11. Hair color: ....

1214 12. Distinguishing marks or scars: ....

1215 13. Aliases of respondent: ....

1217 (c) The petitioner shall describe any other cause of action

1218 currently pending between the petitioner and respondent. The

1219 petitioner shall also describe any previous attempt by the

1220 petitioner to obtain an injunction for protection against

1221 stalking in this or any other circuit, and the result of that

1222 attempt. (Case numbers should be included, if available.)

1223 (d) The petition must provide space for the petitioner to

1224 specifically allege that he or she is a victim of stalking

1225 because respondent has:

1227 (Mark all sections that apply and describe in the

1228 spaces below the incidents of stalking specifying when

1229 and where they occurred, including, but not limited

1230 to, locations such as a home, school, or place of

1231 employment.)

1233 .... Committed stalking.

1234 .... Previously threatened, harassed, stalked,

1235 cyberstalked, or physically abused the petitioner.

1236 .... Threatened to harm the petitioner or family members or

1237 individuals closely associated with the petitioner.

1238 .... Intentionally injured or killed a family pet.

1239 .... Used, or threatened to use, against the petitioner any

1240 weapons such as guns or knives.

1241 .... A criminal history involving violence or the threat of

1242 violence, if known.

1243 .... Another order of protection issued against him or her

1244 previously or from another jurisdiction, if known.

1245 .... Destroyed personal property, including, but not

1246 limited to, telephones or other communication equipment,

1247 clothing, or other items belonging to the petitioner.

1249 (e) The petitioner seeks an injunction:

1251 (Mark appropriate section or sections.)

1253 .... Immediately restraining the respondent from committing

1254 any acts of stalking.

1255 .... Restraining the respondent from committing any acts of

1256 stalking.

1257 .... Providing any terms the court deems necessary for the

1258 protection of a victim of stalking, including any injunctions or

1259 directives to law enforcement agencies.

1261 (f) Every petition for an injunction against stalking must

1262 contain, directly above the signature line, a statement in all

1263 capital letters and bold type not smaller than the surrounding

1264 text, as follows:

1266 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ

1267 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT

1268 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN

1269 THIS PETITION ARE BEING MADE UNDER PENALTIES OF

1270 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,

1271 FLORIDA STATUTES.

1273 ...(initials)...

1275 (4) Upon the filing of the petition, the court shall review

1276 the petition ex parte. The court must set a final hearing to be

1277 held at the earliest possible time if it appears that the

1278 petitioner is a victim of stalking . If a final hearing is set,

1279 the respondent must ~~shall~~ be personally served by a law

1280 enforcement officer with a copy of the petition, notice of

1281 hearing, and temporary injunction, if any, before the final

1282 hearing.

1283 (5)(a) Upon review of the petition, if it appears to the

1284 court that stalking exists, the court may grant a temporary

1285 injunction ex parte, pending a final ~~full~~ hearing, and may grant

1286 such relief as the court deems proper, including an injunction

1287 restraining the respondent from committing any act of stalking.

1288 (b) Except as provided in s. 90.204, in an ex parte review

1289 or an ~~a hearing~~ ex parte hearing for the purpose of obtaining

1290 such ex parte temporary injunction, evidence other than verified

1291 pleadings or affidavits may not be used as evidence, unless the

1292 respondent appears at the hearing or has received reasonable

1293 notice of the hearing. A denial of a petition for an ex parte

1294 temporary injunction shall be by written order noting the legal

1295 grounds for denial. If the only ground for denial is no

1296 appearance of an immediate and present danger of stalking, the

1297 court shall set a final ~~full~~ hearing on the petition for

1298 injunction with notice at the earliest possible time. This

1299 paragraph does not affect a petitioner’s right to promptly amend

1300 any petition, or otherwise be heard in person on any petition

1301 consistent with the Florida Rules of Civil Procedure.

1302 (c) Any such ex parte temporary injunction is effective for

1303 a fixed period not to exceed 15 days. If a final ~~full~~ hearing is

1304 set , as provided in this section, the hearing shall be set for a

1305 date no later than the date when the temporary injunction ceases

1306 to be effective. The court may grant a continuance of the

1307 hearing before or during the final a hearing for good cause

1308 shown by any party, which shall include a continuance to obtain

1309 service of process. An injunction shall be extended if necessary

1310 to remain in full force and effect during any period of

1311 continuance.

1312 (6)(a) Upon notice and final hearing, when it appears to

1313 the court that the petitioner is the victim of stalking, the

1314 court may grant such relief as the court deems proper, including

1315 an injunction:

1316 1. Restraining the respondent from committing any act of

1317 stalking.

1318 2. Ordering the respondent to participate in treatment,

1319 intervention, or counseling services to be paid for by the

1320 respondent.

1321 3. Referring a petitioner to appropriate services. The

1322 court may provide the petitioner with a list of certified

1323 domestic violence centers, certified rape crisis centers, and

1324 other appropriate referrals in the circuit which the petitioner

1325 may contact.

1326 4. Ordering such other relief as the court deems necessary

1327 for the protection of a victim of stalking, including

1328 injunctions or directives to law enforcement agencies, as

1329 provided in this section.

1330 (b) The terms of an injunction restraining the respondent

1331 under subparagraph (a)1. or ordering other relief for the

1332 protection of the victim under subparagraph (a)4. shall remain

1333 in effect until modified or dissolved. Either party may move at

1334 any time to modify or dissolve the injunction. Specific

1335 allegations are not required. Such relief may be granted in

1336 addition to other civil or criminal remedies.

1337 (c) A temporary or final ~~judgment on~~ injunction for

1338 protection against stalking entered pursuant to this section

1339 shall, on its face, indicate:

1340 1. That the injunction is valid and enforceable in all

1341 counties of this state.

1342 2. That law enforcement officers may use their arrest

1343 powers pursuant to s. 901.15(6) to enforce the terms of the

1344 injunction.

1345 3. That the court has jurisdiction over the parties and

1346 matter under the laws of this state and that reasonable notice

1347 and opportunity to be heard was given to the person against whom

1348 the order is sought sufficient to protect that person’s right to

1349 due process.

1350 4. The date that the respondent was served with the

1351 temporary or final injunction ~~order~~ , if obtainable.

1352 (d) The fact that a separate injunction ~~order of protection~~

1353 is granted to each opposing party is not legally sufficient to

1354 deny any remedy to either party or to prove that the parties are

1355 equally at fault or equally endangered.

1356 (e) A final ~~judgment on an~~ injunction for protection

1357 against stalking entered pursuant to this section must, on its

1358 face, provide that it is a violation of s. 790.233 and a

1359 misdemeanor of the first degree for the respondent to have in

1360 his or her care, custody, possession, or control any firearm or

1361 ammunition.

1362 (f) All proceedings under this subsection shall be

1363 recorded. Recording may be by electronic means as provided by

1364 the Rules of General Practice and Judicial Administration.

1365 (7) The court shall allow an advocate from a state

1366 attorney’s office, a law enforcement agency, a certified rape

1367 crisis center, or a certified domestic violence center who is

1368 registered under s. 39.905 to be present with the petitioner or

1369 respondent during any court proceedings or hearings related to

1370 the injunction for protection if the petitioner or respondent

1371 has made such a request and the advocate is able to be present.

1372 (8)(a)1. Within 24 hours after the court sets the case for

1373 a final hearing ~~issues an injunction for protection against~~

1374 ~~stalking~~ , the clerk of the court shall electronically transmit a

1375 copy of the petition, designation of mailing and e-mail

1376 addresses, notice of hearing, and temporary injunction, if any,

1377 to the sheriff or a law enforcement agency of the county where

1378 the respondent resides or can be found, who shall serve it upon

1379 the respondent as soon thereafter as possible on any day of the

1380 week and at any time of the day or night. The respondent shall

1381 file a designation of mailing or e-mail addresses with the clerk

1382 of the court for subsequent service within 1 business day after

1383 the respondent has been personally served. An electronic copy of

1384 the temporary an injunction must be certified by the clerk of

1385 the court, and the electronic copy must be served in the same

1386 manner as a certified copy. Upon receiving an electronic copy of

1387 the temporary injunction, the sheriff must verify receipt with

1388 the sender before attempting to serve it on the respondent. In

1389 addition, if the sheriff is in possession of a temporary an

1390 injunction for protection that has been certified by the clerk

1391 of the court, the sheriff may electronically transmit a copy of

1392 that temporary injunction to a law enforcement officer who shall

1393 serve it in the same manner as a certified copy. The clerk of

1394 the court shall furnish to the sheriff such information

1395 concerning the respondent’s physical description and location as

1396 is required by the Department of Law Enforcement to comply with

1397 the verification procedures set forth in this section.

1398 Notwithstanding any other law, the chief judge of each circuit,

1399 in consultation with the appropriate sheriff, may authorize a

1400 law enforcement agency within the jurisdiction to effect

1401 service. A law enforcement agency serving injunctions pursuant

1402 to this section must use service and verification procedures

1403 consistent with those of the sheriff.

1404 2. If an injunction is issued and the petitioner requests

1405 the assistance of a law enforcement agency, the court may order

1406 that an officer from the appropriate law enforcement agency

1407 accompany the petitioner to assist in the execution or service

1408 of the temporary or final injunction. A law enforcement officer

1409 must accept a copy of a temporary or final an injunction for

1410 protection against stalking, certified by the clerk of the

1411 court, from the petitioner and immediately serve it upon a

1412 respondent who has been located but not yet served.

1413 3. An order issued, changed, continued, extended, or

1414 vacated subsequent to the original service of documents

1415 enumerated under subparagraph 1. must be certified by the clerk

1416 of the court and delivered to the parties at the time of the

1417 entry of the subsequent order if a party is physically present

1418 before the court . The parties may acknowledge receipt of such

1419 order in writing on the face of the original order. In the event

1420 If a party fails or refuses to acknowledge the receipt of a

1421 certified copy of an order, the clerk must ~~shall~~ note on the

1422 original order that service was effected. If delivery at the

1423 hearing is not possible, or the parties have appeared through

1424 audio-video communication technology, the clerk must ~~shall~~ mail

1425 or e-mail certified copies of the order to the parties at the

1426 last known physical or e-mail address of each party. Service by

1427 mail or e-mail is complete upon mailing or e-mailing . When an

1428 order is served by the clerk of the court pursuant to this

1429 subsection, the clerk shall prepare a written certification to

1430 be placed in the court file specifying the time, date, and

1431 method of service and shall notify the sheriff.

1432 4. If the respondent has been served by a law enforcement

1433 officer ~~previously~~ with the a temporary injunction or a notice

1434 of hearing on a ~~and has failed to appear at the initial hearing~~

1435 ~~on the~~ temporary injunction, any subsequent petition for

1436 injunction seeking an extension of time and any subsequent

1437 temporary injunction, final injunction, or order may be served

1438 on the respondent by the clerk of the court by certified mail or

1439 e-mail in lieu of personal service by a law enforcement officer.

1440 5. A Statewide Injunction Verification System is created

1441 within the Department of Law Enforcement. The department shall

1442 establish, implement, and maintain a statewide communication

1443 system capable of electronically transmitting information to and

1444 between criminal justice agencies relating to domestic violence

1445 injunctions, dating violence injunctions, sexual violence

1446 injunctions, repeat violence injunctions, and stalking

1447 injunctions issued by the courts throughout this state. Such

1448 information must include, but is not limited to, information as

1449 to the existence and status of any injunction for verification

1450 purposes.

1451 (b)1. Subsequent to the original service of documents in

1452 subparagraph (a)1., the clerk of the court, within 24 hours

1453 after the court issues a final an injunction for protection

1454 against stalking or changes, continues, extends, or vacates a

1455 temporary an injunction for protection against stalking, ~~the~~

1456 ~~clerk of the court~~ must electronically transmit a certified copy

1457 of the injunction for service to the sheriff having jurisdiction

1458 over the residence of the petitioner. The clerk must mail or e

1459 mail certified copies of the order to the parties to the last

1460 known physical or e-mail address of each party. Service by mail

1461 or e-mail is complete upon mailing or e-mailing. When an order

1462 is served pursuant to this subsection, the clerk shall prepare a

1463 written certification to be placed in the court file specifying

1464 the time, date, and method of service and shall electronically

1465 transmit a certified copy of the order to the sheriff with

1466 jurisdiction over the residence of the petitioner ~~The injunction~~

1467 ~~must be served in accordance with this subsection~~ .

1468 2. Within 24 hours after service of process of an

1469 injunction for protection against stalking upon a respondent,

1470 the law enforcement officer must electronically transmit the

1471 written proof of service of process to the sheriff having

1472 jurisdiction over the residence of the petitioner.

1473 3. Within 24 hours after the sheriff receives a certified

1474 copy of the injunction for protection against stalking, the

1475 sheriff must make information relating to the injunction

1476 available to other law enforcement agencies by electronically

1477 transmitting such information to the Department of Law

1478 Enforcement.

1479 4. Within 24 hours after the sheriff or other law

1480 enforcement officer has made service upon the respondent and the

1481 sheriff has been so notified, the sheriff must make information

1482 relating to the service available to other law enforcement

1483 agencies by electronically transmitting such information to the

1484 Department of Law Enforcement.

1485 5. Within 24 hours after the court issues a final

1486 injunction for protection after a hearing or changes, continues,

1487 extends, or vacates an injunction for protection against

1488 stalking ~~is vacated, terminated, or otherwise rendered no longer~~

1489 ~~effective by ruling of the court~~ , the clerk of the court must

1490 mail or e-mail certified copies of the injunction order to the

1491 last known physical or e-mail address of each party. Service by

1492 mail or e-mail is complete upon mailing or e-mailing. When an

1493 order is served pursuant to this subsection, the clerk shall

1494 prepare a written certification to be placed in the court file

1495 specifying the time, date, and method or service. The clerk of

1496 the court must electronically transmit a certified copy of the

1497 injunction to the sheriff with jurisdiction over the residence

1498 of the petitioner. Within 24 hours after the sheriff receives a

1499 certified copy of the injunction for protection against stalking

1500 under this subsection, the sheriff must make information

1501 relating to the injunction available to other law enforcement

1502 agencies by electronically transmitting such information to

1503 ~~notify the sheriff receiving original notification of the~~

1504 ~~injunction as provided in subparagraph 2. That agency shall,~~

1505 ~~within 24 hours after receiving such notification from the clerk~~

1506 ~~of the court, notify~~ the Department of Law Enforcement ~~of such~~

1507 ~~action of the court~~ .

1508 (c) The petitioner may request a Hope Card under s. 741.311

1509 after the court has issued a final injunction ~~order of~~

1510 ~~protection~~ .

1511 (9)(a) The court may enforce a violation of a temporary or

1512 final an injunction for protection against stalking through a

1513 civil or criminal contempt proceeding, or the state attorney may

1514 prosecute it as a criminal violation under s. 784.0487. Any

1515 assessments or fines ordered by the court enforcing such an

1516 injunction shall be collected by the clerk of the court and

1517 transferred on a monthly basis to the State Treasury for deposit

1518 into the Domestic Violence Trust Fund.

1519 (b) If the respondent is arrested by a law enforcement

1520 officer under s. 901.15(6) or for a violation of s. 784.0487,

1521 the respondent shall be held in custody until brought before the

1522 court as expeditiously as possible for the purpose of enforcing

1523 the injunction and for admittance to bail in accordance with

1524 chapter 903 and the applicable rules of criminal procedure,

1525 pending a hearing.

1526 (10) The petitioner or the respondent may move the court to

1527 modify or dissolve an injunction at any time.

1528 Section 4. Paragraph (a) of subsection (3) of section

1529 61.1825, Florida Statutes, is amended to read:

1530 61.1825 State Case Registry.—

1531 (3)(a) For the purpose of this section, a family violence

1532 indicator must be placed on a record when:

1533 1. A party executes a sworn statement requesting that a

1534 family violence indicator be placed on that party’s record which

1535 states that the party has reason to believe that release of

1536 information to the Federal Case Registry may result in physical

1537 or emotional harm to the party or the child; or

1538 2. A temporary or final injunction for protection against

1539 domestic violence has been granted pursuant to s. 741.30(6), an

1540 injunction for protection against domestic violence has been

1541 issued by a court of a foreign state pursuant to s. 741.315, or

1542 a temporary or final injunction for protection against repeat

1543 violence has been granted pursuant to s. 784.046; or

1544 3. The department has received information on a Title IV-D

1545 case from the Statewide ~~Domestic, Dating, Sexual, and Repeat~~

1546 ~~Violence~~ Injunction ~~Statewide~~ Verification System, established

1547 pursuant to s. 784.046(8)(b), that a court has granted a party a

1548 domestic violence or repeat violence injunction.

1549 Section 5. Paragraph (e) of subsection (2) of section

1550 943.05, Florida Statutes, is amended to read:

1551 943.05 Criminal Justice Information Program; duties; crime

1552 reports.—

1553 (2) The program shall:

1554 (e) Establish, implement, and maintain a Statewide ~~Domestic~~

1555 ~~and Repeat Violence~~ Injunction ~~Statewide~~ Verification System

1556 capable of electronically transmitting information to and

1557 between criminal justice agencies relating to domestic violence

1558 injunctions, injunctions to prevent child abuse issued under

1559 chapter 39, and repeat violence injunctions issued by the courts

1560 throughout the state. Such information must include, but is not

1561 limited to, information as to the existence and status of any

1562 such injunction for verification purposes.

1563 Section 6. For the purpose of incorporating the amendment

1564 made by this act to section 741.30, Florida Statutes, in a

1565 reference thereto, subsection (5) of section 39.504, Florida

1566 Statutes, is reenacted to read:

1567 39.504 Injunction; penalty.—

1568 (5) Service of process on the respondent shall be carried

1569 out pursuant to s. 741.30. The department shall deliver a copy

1570 of any injunction issued pursuant to this section to the

1571 protected party or to a parent, caregiver, or individual acting

1572 in the place of a parent who is not the respondent. Law

1573 enforcement officers may exercise their arrest powers as

1574 provided in s. 901.15(6) to enforce the terms of the injunction.

1575 Section 7. For the purpose of incorporating the amendment

1576 made by this act to section 741.30, Florida Statutes, in a

1577 reference thereto, paragraph (b) of subsection (3) of section

1578 44.407, Florida Statutes, is reenacted to read:

1579 44.407 Elder-focused dispute resolution process.—

1580 (3) REFERRAL.—

1581 (b) The court may not refer a party who has a history of

1582 domestic violence or exploitation of an elderly person to

1583 eldercaring coordination unless the elder and other parties in

1584 the action consent to such referral.

1585 1. The court shall offer each party an opportunity to

1586 consult with an attorney or a domestic violence advocate before

1587 accepting consent to such referral. The court shall determine

1588 whether each party has given his or her consent freely and

1589 voluntarily.

1590 2. The court shall consider whether a party has committed

1591 an act of exploitation as defined in s. 415.102, exploitation of

1592 an elderly person or disabled adult as defined in s. 825.103(1),

1593 or domestic violence as defined in s. 741.28 against another

1594 party or any member of another party’s family; engaged in a

1595 pattern of behaviors that exert power and control over another

1596 party and that may compromise another party’s ability to

1597 negotiate a fair result; or engaged in behavior that leads

1598 another party to have reasonable cause to believe that he or she

1599 is in imminent danger of becoming a victim of domestic violence.

1600 The court shall consider and evaluate all relevant factors,

1601 including, but not limited to, the factors specified in s.

1602 741.30(6)(b).

1603 3. If a party has a history of domestic violence or

1604 exploitation of an elderly person, the court must order

1605 safeguards to protect the safety of the participants and the

1606 elder and the elder’s property, including, but not limited to,

1607 adherence to all provisions of an injunction for protection or

1608 conditions of bail, probation, or a sentence arising from

1609 criminal proceedings.

1610 Section 8. For the purpose of incorporating the amendment

1611 made by this act to section 741.30, Florida Statutes, in a

1612 reference thereto, paragraph (b) of subsection (4) of section

1613 61.125, Florida Statutes, is reenacted to read:

1614 61.125 Parenting coordination.—

1615 (4) DOMESTIC VIOLENCE ISSUES.—

1616 (b) In determining whether there has been a history of

1617 domestic violence, the court shall consider whether a party has

1618 committed an act of domestic violence as defined s. 741.28, or

1619 child abuse as defined in s. 39.01, against the other party or

1620 any member of the other party’s family; engaged in a pattern of

1621 behaviors that exert power and control over the other party and

1622 that may compromise the other party’s ability to negotiate a

1623 fair result; or engaged in behavior that leads the other party

1624 to have reasonable cause to believe he or she is in imminent

1625 danger of becoming a victim of domestic violence. The court

1626 shall consider and evaluate all relevant factors, including, but

1627 not limited to, the factors listed in s. 741.30(6)(b).

1628 Section 9. For the purpose of incorporating the amendment

1629 made by this act to section 741.30, Florida Statutes, in a

1630 reference thereto, subsection (1) of section 741.29, Florida

1631 Statutes, is reenacted to read:

1632 741.29 Domestic violence; investigation of incidents;

1633 notice to victims of legal rights and remedies; reporting.—

1634 (1) Any law enforcement officer who investigates an alleged

1635 incident of domestic violence shall:

1636 (a) Assist the victim to obtain medical treatment if such

1637 is required as a result of the alleged incident to which the

1638 officer responds;

1639 (b) Advise the victim of such violence that there is a

1640 domestic violence center from which the victim may receive

1641 services;

1642 (c) Administer a lethality assessment consistent with the

1643 requirements established in subsection (2) if the allegation of

1644 domestic violence is against an intimate partner, regardless of

1645 whether an arrest is made; and

1646 (d) Give the victim immediate notice of the legal rights

1647 and remedies available on a standard form developed and

1648 distributed by the department. As necessary, the department

1649 shall revise the Legal Rights and Remedies Notice to Victims to

1650 include a general summary of s. 741.30 using simple English as

1651 well as Spanish, and shall distribute the notice as a model form

1652 to be used by all law enforcement agencies throughout this

1653 state. The notice must include:

1654 1. The resource listing, including telephone number, for

1655 the area domestic violence center designated by the Department

1656 of Children and Families; and

1657 2. A copy of the following statement:

1659 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may

1660 ask the state attorney to file a criminal complaint.

1661 You also have the right to go to court and file a

1662 petition requesting an injunction for protection from

1663 domestic violence which may include, but need not be

1664 limited to, provisions which restrain the abuser from

1665 further acts of abuse; direct the abuser to leave your

1666 household; prevent the abuser from entering your

1667 residence, school, business, or place of employment;

1668 award you custody of your minor child or children; and

1669 direct the abuser to pay support to you and the minor

1670 children if the abuser has a legal obligation to do

1671 so.

1673 Section 10. This act shall take effect July 1, 2026.