SB 1644 full text · Session Watch

Florida Senate - 2026 SB 1644 By Senator McClain 9-01255-26 20261644__

1 A bill to be entitled

2 An act relating to interpersonal violence injunctions;

3 amending s. 741.30, F.S.; revising the required forms,

4 motions, and information all clerk of the court

5 offices must provide to assist petitioners; requiring

6 the court, upon the filing of a domestic violence

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

8 final hearing at the earliest possible time under

9 certain circumstances; requiring that a respondent be

10 personally served by a law enforcement officer if a

11 final hearing is set; revising the factors the court

12 is required to consider and evaluate in determining

13 whether a petitioner has reasonable cause to believe

14 that he or she is in imminent danger of becoming a

15 victim of domestic violence; revising what the clerk

16 of the court, within a specified timeframe after the

17 court sets the case for a final hearing, is required

18 to transmit to the sheriff or a law enforcement agency

19 for service; requiring a respondent, within 1 business

20 day after being served, to inform the clerk of the

21 court of his or her mailing or e-mail address for

22 subsequent service; revising the circumstances under

23 which the clerk of the court must mail or e-mail

24 certified copies of certain orders to the parties;

25 specifying that service by e-mail is complete upon e

26 mailing; revising the name of the Domestic and Repeat

27 Violence Injunction Statewide Verification System

28 created within the Department of Law Enforcement to

29 the Statewide Injunction Verification System; revising

30 the injunctions required to be maintained in the

31 system; revising the circumstances under which the

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

33 copies of certain orders to the parties; requiring the

34 court, upon the filing of a petition, to review the

35 petition ex parte and set a final hearing at the

36 earliest possible time under certain circumstances;

37 making technical and conforming changes; amending s.

38 784.046, F.S.; prohibiting a court from issuing mutual

39 orders of protection; revising the required forms,

40 motions, and information the clerks of the court must

41 provide to assist petitioners unrepresented by

42 counsel; requiring that a respondent be personally

43 served by a law enforcement officer if a final hearing

44 is set; requiring that a court’s denial of a petition

45 for an ex parte temporary injunction be by certain

46 written order; specifying that good cause for a

47 continuance includes obtaining service of process by

48 any party; requiring a respondent, within 1 business

49 day after being served, to inform the clerk of the

50 court of his or her mailing or e-mail address for

51 subsequent service; revising the circumstances under

52 which the clerk of the court must mail or e-mail

53 certified copies of certain orders to the parties;

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

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

56 court to prepare a certain written certification when

57 a certain order is served by the clerk; requiring that

58 all specified proceedings be recorded; revising the

59 name of the Domestic and Repeat Violence Injunction

60 Statewide Verification System created within the

61 Department of Law Enforcement to the Statewide

62 Injunction Verification System; revising the

63 injunctions required to be maintained in the system;

64 specifying the circumstances under which the clerk of

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

66 certain injunction orders to the parties; specifying

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

68 mailing or e-mailing; providing requirements regarding

69 service of process; making technical and conforming

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

71 required forms, motions, and information all clerk of

72 the court offices must provide to assist petitioners;

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

74 an injunction for protection against stalking, to

75 review the petition ex parte and set a final hearing

76 at the earliest possible time under certain

77 circumstances; requiring that a respondent be

78 personally served by a law enforcement officer if a

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

80 court, within a specified timeframe after the court

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

82 transmit to the sheriff or a law enforcement agency

83 for service; requiring a respondent, within 1 business

84 day after being served, to inform the clerk of the

85 court of his or her mailing or e-mail address for

86 subsequent service; revising the circumstances under

87 which the clerk of the court must mail or e-mail

88 certified copies of certain orders to the parties;

89 specifying that service by e-mail is complete upon e

90 mailing; specifying the circumstances under which the

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

92 copies of certain orders to the parties; specifying

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

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

95 to prepare a certain written certification when a

96 certain order is served by the clerk; making technical

97 and conforming changes; amending ss. 61.1825 and

98 943.05, F.S.; conforming provisions to changes made by

99 the act; reenacting ss. 39.504(5), 44.407(3)(b),

100 61.125(4)(b), and 741.29(1), F.S., relating to

101 injunctions and penalties, the elder-focused dispute

102 resolution process, parenting coordination, and

103 investigation of domestic violence incidents,

104 respectively, to incorporate the amendment made to s.

105 741.30, F.S., in references thereto; providing an

106 effective date.

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

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

111 read:

112 741.30 Domestic violence; injunction; powers and duties of

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

114 injunction; issuance of injunction; Statewide Injunction

115 Verification System; enforcement; public records exemption.—

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

117 for protection against domestic violence.

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

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

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

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

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

123 injunction for protection against domestic violence.

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

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

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

127 action shall be alleged in the petition.

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

129 under chapter 61, any orders entered therein shall take

130 precedence over any inconsistent provisions of an injunction

131 issued under this section which addresses matters governed by

132 chapter 61.

133 (d) A person’s right to petition for an injunction shall

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

135 household to avoid domestic violence.

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

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

138 seeking injunctive relief pursuant to this chapter solely on the

139 basis that such person is not a spouse.

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

141 require that either party be represented by an attorney.

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

143 offers evidence or recommendations relating to the cause of

144 action must either present the evidence or recommendations in

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

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

147 at which all parties are present.

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

149 real estate.

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

151 protection. This does not preclude the court from issuing

152 separate injunctions for protection against domestic violence

153 where each party has complied with the provisions of this

154 section. Compliance with the provisions of this section cannot

155 be waived.

156 (j) Notwithstanding any provision of chapter 47, a petition

157 for an injunction for protection against domestic violence may

158 be filed in the circuit where the petitioner currently or

159 temporarily resides, where the respondent resides, or where the

160 domestic violence occurred. There is no minimum requirement of

161 residency to petition for an injunction for protection.

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

163 filing fee for a petition for protection against domestic

164 violence is prohibited. However, subject to legislative

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

166 quarterly basis, submit to the Justice Administrative Commission

167 a certified request for reimbursement for petitions for

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

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

170 submitted in the form and manner prescribed by the Justice

171 Administrative Commission. From this reimbursement, the clerk

172 shall pay any law enforcement agency serving the injunction the

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

174 may not exceed $20.

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

176 an injunction.

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

178 seeking both injunctions for protection against domestic

179 violence and enforcement for a violation thereof as specified in

180 this section.

181 2. All ~~clerks’~~ offices of the clerk of the court shall

182 provide Supreme Court-approved family law ~~simplified petition~~

183 forms for the injunction and , any modifications to , and the

184 enforcement thereof, and for a designation of mail and e-mail

185 addresses for service, including instructions for completion.

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

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

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

189 paragraph (a).

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

191 privacy to the extent practical while completing the forms for

192 injunctions for protection against domestic violence.

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

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

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

196 petitioner of the process for service and enforcement.

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

198 shall receive training in the effective assistance of

199 petitioners as provided or approved by the Florida Association

200 of Court Clerks.

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

202 available informational brochures on domestic violence when such

203 brochures are provided by local certified domestic violence

204 centers.

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

206 statewide uniform informational brochure to petitioners at the

207 time of filing for an injunction for protection against domestic

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

209 brochure must include information about the effect of giving the

210 court false information about domestic violence.

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

212 such domestic violence and must include the specific facts and

213 circumstances upon the basis of which relief is sought.

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

215 following form:

217 PETITION FOR

218 INJUNCTION FOR PROTECTION

219 AGAINST DOMESTIC VIOLENCE

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

222 of perjury that the following statements are true:

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

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

225 confidential filing if, for safety reasons, the petitioner

226 requires the location of the current residence to be

227 confidential.)

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

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

230 of business and address)...

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

232 Race........

233 Sex........

234 Date of birth........

235 Height........

236 Weight........

237 Eye color........

238 Hair color........

239 Distinguishing marks or scars........

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

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

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

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

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

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

246 common, regardless of whether the petitioner and respondent are

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

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

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

250 ................................................................

251 The petitioner should also describe any previous or pending

252 attempts by the petitioner to obtain an injunction for

253 protection against domestic violence in this or any other

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

255 ................................................................

256 Case numbers should be included if available.

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

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

259 of becoming a victim of domestic violence because respondent

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

261 below the incidents of violence or threats of violence,

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

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

264 employment, or visitation exchange)...

265 .........................................................

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

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

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

269 aggravated assault, battery, aggravated battery, sexual assault,

270 sexual battery, stalking, aggravated stalking, kidnapping, false

271 imprisonment, or any criminal offense resulting in physical

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

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

274 common, the family or household members must be currently

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

276 dwelling unit.

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

278 abused the petitioner.

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

280 individuals closely associated with the petitioner.

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

282 child or children.

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

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

285 any weapons such as guns or knives.

286 ....physically restrained the petitioner from leaving the

287 home or calling law enforcement.

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

289 violence (if known).

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

291 previously or from another jurisdiction (if known).

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

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

294 other items belonging to the petitioner.

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

296 intimidating, or controlling behavior composed of a series of

297 acts over a period of time, however short.

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

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

300 imminent danger of becoming a victim of domestic violence.

301 (i) Petitioner alleges the following additional specific

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

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

304 petitioner whose names and ages are as follows:

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

307 the dwelling that the parties share.

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

309 because:

311 ....Petitioner genuinely fears that respondent imminently

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

313 petitioner because:

315 (j) Petitioner genuinely fears imminent domestic violence

316 by respondent.

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

318 section or sections)...

319 ....Immediately restraining the respondent from committing

320 any acts of domestic violence.

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

322 domestic violence.

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

324 and possession of the dwelling that the parties share or

325 excluding the respondent from the residence of the petitioner.

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

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

328 or children of the parties which might involve prohibiting or

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

330 third party.

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

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

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

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

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

336 respondent.

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

338 children or the petitioner.

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

340 intervention program.

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

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

343 children of the victim, including any injunctions or directives

344 to law enforcement agencies.

346 (c) Every petition for an injunction against domestic

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

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

349 the surrounding text, as follows:

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

352 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT

353 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN

354 THIS PETITION ARE BEING MADE UNDER PENALTIES OF

355 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,

356 FLORIDA STATUTES.

358 ...(initials)...

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

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

362 children of the parties, the verified petition must be

363 accompanied by or must incorporate the allegations required by

364 s. 61.522 of the Uniform Child Custody Jurisdiction and

365 Enforcement Act.

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

367 the petition ex parte and must set a final hearing to be held at

368 the earliest possible time if it appears the petitioner is a

369 victim of domestic violence or has reasonable cause to believe

370 he or she is in imminent danger of becoming a victim of domestic

371 violence . If a final hearing is set, the respondent must ~~shall~~

372 be personally served by a law enforcement officer with a copy of

373 the petition, financial affidavit, Uniform Child Custody

374 Jurisdiction and Enforcement Act affidavit, if any, notice of

375 final hearing, and temporary injunction, if any, before ~~prior to~~

376 the final hearing.

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

378 court that an immediate and present danger of domestic violence

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

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

381 court deems proper, including an injunction:

382 1. Restraining the respondent from committing any acts of

383 domestic violence.

384 2. Awarding to the petitioner the temporary exclusive use

385 and possession of the dwelling that the parties share or

386 excluding the respondent from the residence of the petitioner.

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

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

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

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

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

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

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

394 753.01 if the court determines it is in the best interests of

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

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

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

398 competent jurisdiction in a pending or subsequent civil action

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

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

401 for the minor child.

402 4. If the petitioner and respondent have an existing

403 parenting plan or time-sharing schedule under another court

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

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

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

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

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

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

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

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

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

413 minor child residing in the residence or household of the

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

415 temporarily have no contact with the animal and prohibit the

416 respondent from taking, transferring, encumbering, concealing,

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

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

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

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

421 the service animal’s handler.

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

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

424 such ex parte temporary injunction, no evidence other than

425 verified pleadings or affidavits shall be used as evidence,

426 unless the respondent appears at the hearing or has received

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

428 ex parte temporary injunction shall be by written order noting

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

430 no appearance of an immediate and present danger of domestic

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

432 petition for injunction with notice at the earliest possible

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

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

435 petition consistent with the Florida Rules of Civil Procedure.

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

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

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

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

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

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

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

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

444 force and effect during any period of continuance.

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

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

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

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

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

450 deems proper, including an injunction:

451 1. Restraining the respondent from committing any acts of

452 domestic violence.

453 2. Awarding to the petitioner the exclusive use and

454 possession of the dwelling that the parties share or excluding

455 the respondent from the residence of the petitioner.

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

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

458 temporary parenting plan that remains in effect until the order

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

460 jurisdiction in a pending or subsequent civil action or

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

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

463 the minor child.

464 4. If the petitioner and respondent have an existing

465 parenting plan or time-sharing schedule under another court

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

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

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

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

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

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

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

473 establishing temporary support for a minor child or children or

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

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

476 competent jurisdiction in a pending or subsequent civil action

477 or proceeding affecting child support.

478 6. Ordering the respondent to participate in treatment,

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

480 respondent. When the court orders the respondent to participate

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

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

483 of batterers’ intervention programs from which the respondent

484 must choose a program in which to participate.

485 7. Referring a petitioner to a certified domestic violence

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

487 certified domestic violence centers in the circuit which the

488 petitioner may contact.

489 8. Awarding to the petitioner the exclusive care,

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

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

492 minor child residing in the residence or household of the

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

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

495 taking, transferring, encumbering, concealing, harming, or

496 otherwise disposing of the animal. This subparagraph does not

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

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

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

500 animal’s handler.

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

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

503 injunctions or directives to law enforcement agencies, as

504 provided in this section.

505 (b) In determining whether a petitioner has reasonable

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

507 victim of domestic violence, the court shall consider and

508 evaluate all relevant factors alleged in the petition,

509 including, but not limited to:

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

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

512 ~~and~~ physical abuse.

513 2. Whether the respondent has attempted to harm the

514 petitioner or family members or individuals closely associated

515 with the petitioner.

516 3. Whether the respondent has threatened to conceal,

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

518 4. Whether the respondent has intentionally injured or

519 killed a family pet.

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

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

522 6. Whether the respondent has physically restrained the

523 petitioner from leaving the home or calling law enforcement.

524 7. Whether the respondent has a criminal history involving

525 violence or the threat of violence.

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

527 previously or from another jurisdiction.

528 9. Whether the respondent has destroyed personal property,

529 including, but not limited to, telephones or other

530 communications equipment, clothing, or other items belonging to

531 the petitioner.

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

533 of abusive, threatening, intimidating, or controlling behavior

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

535 short, which evidences a continuity of purpose and which

536 reasonably causes the petitioner to believe that the petitioner

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

538 becoming victims of any act of domestic violence.

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

540 conduct that leads the petitioner to have reasonable cause to

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

542 victim of domestic violence.

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

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

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

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

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

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

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

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

552 to other civil or criminal remedies.

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

554 protection against domestic violence entered under this section

555 shall, on its face, indicate that:

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

557 of the State of Florida.

558 2. Law enforcement officers may use their arrest powers

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

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

561 under the laws of Florida and that reasonable notice and

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

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

564 process.

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

566 final order, if obtainable.

567 (e) An injunction for protection against domestic violence

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

569 respondent attend a batterers’ intervention program as a

570 condition of the injunction. Unless the court makes written

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

572 substantial evidence, stating why batterers’ intervention

573 programs would be inappropriate, the court shall order the

574 respondent to attend a batterers’ intervention program if:

575 1. It finds that the respondent willfully violated the

576 temporary ex parte injunction;

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

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

579 contendere to a crime involving violence or a threat of

580 violence; or

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

582 had at any time a prior injunction for protection entered

583 against the respondent after a hearing with notice.

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

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

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

587 at fault or equally endangered.

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

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

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

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

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

593 (h) All proceedings under this subsection shall be

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

595 the Rules of General Practice and Judicial Administration.

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

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

598 an advocate from a certified domestic violence center who is

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

600 respondent during any court proceedings or hearings related to

601 the injunction for protection, provided the petitioner or

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

603 be present.

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

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

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

607 transmit a copy of the petition, a form for the designation of

608 mail and e-mail address for service, financial affidavit,

609 Uniform Child Custody Jurisdiction and Enforcement Act

610 affidavit, if any, notice of hearing, and temporary injunction,

611 if any, to the sheriff or a law enforcement agency of the county

612 where the respondent resides or can be found, who shall serve it

613 upon the respondent as soon thereafter as possible on any day of

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

615 shall inform the clerk of the court of the respondent’s

616 designated mail or e-mail address for subsequent service within

617 1 business day after the respondent has been personally served.

618 An electronic copy of the temporary an injunction must be

619 certified by the clerk of the court, and the electronic copy

620 must be served in the same manner as a certified copy. Upon

621 receiving an electronic copy of the temporary injunction, the

622 sheriff must verify receipt with the sender before attempting to

623 serve it upon the respondent. In addition, if the sheriff is in

624 possession of a temporary an injunction for protection that has

625 been certified by the clerk of the court, the sheriff may

626 electronically transmit a copy of that temporary injunction to a

627 law enforcement officer who shall serve it in the same manner as

628 a certified copy. The clerk of the court is responsible for

629 furnishing to the sheriff such information on the respondent’s

630 physical description and location as is required by the

631 department to comply with the verification procedures set forth

632 in this section. Notwithstanding any other law to the contrary,

633 the chief judge of each circuit, in consultation with the

634 appropriate sheriff, may authorize a law enforcement agency

635 within the jurisdiction to effect service. A law enforcement

636 agency serving injunctions pursuant to this section must use

637 service and verification procedures consistent with those of the

638 sheriff.

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

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

641 that an officer from the appropriate law enforcement agency

642 accompany the petitioner and assist in placing the petitioner in

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

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

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

646 final an injunction for protection against domestic violence,

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

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

649 not yet served.

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

651 vacated subsequent to the original service of documents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

668 and shall notify the sheriff.

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

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

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

673 temporary injunction, any subsequent petition for injunction

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

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

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

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

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

679 Injunction Verification System is created within the Department

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

681 and maintain a statewide communication system capable of

682 electronically transmitting information to and between criminal

683 justice agencies relating to domestic violence injunctions ,

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

685 repeat violence injunctions , and stalking injunctions issued by

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

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

688 status of any injunction for verification purposes.

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

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

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

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

693 electronically transmit a certified copy of the injunction for

694 service to the sheriff with jurisdiction over the residence of

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

696 this subsection.

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

698 injunction for protection against domestic violence upon a

699 respondent, the law enforcement officer must electronically

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

701 with jurisdiction over the residence of the petitioner.

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

703 copy of the injunction for protection against domestic violence,

704 the sheriff must make information relating to the injunction

705 available to other law enforcement agencies by electronically

706 transmitting such information to the department.

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

708 enforcement officer has made service upon the respondent and the

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

710 relating to the service available to other law enforcement

711 agencies by electronically transmitting such information to the

712 department.

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

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

715 extends, or vacates an injunction for protection against

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

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

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

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

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

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

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

723 of the court must electronically transmit a certified copy of

724 the injunction to the sheriff with jurisdiction over the

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

726 receives a certified copy of the injunction for protection

727 against domestic violence under this subsection, the sheriff

728 must make information relating to the injunction available to

729 other law enforcement agencies by electronically transmitting

730 such information to the department.

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

732 Court Clerks and Comptrollers shall develop an automated process

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

734 injunction for protection against domestic violence and other

735 court actions related to the injunction for protection. The

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

737 or other law enforcement officer serves the injunction upon the

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

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

740 against domestic violence was served. The Florida Association of

741 Court Clerks and Comptrollers may apply for any available grants

742 to fund the development of the automated process.

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

744 against domestic violence is vacated, terminated, or otherwise

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

746 of the court must notify the sheriff receiving original

747 notification of the injunction as provided in subparagraph 2.

748 That agency shall, within 24 hours after receiving such

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

750 of such action of the court.

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

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

753 ~~protection~~ .

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

755 for protection against domestic violence through a civil or

756 criminal contempt proceeding, or the state attorney may

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

758 may enforce the respondent’s compliance with the injunction

759 through any appropriate civil and criminal remedies, including,

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

761 of the court shall collect and receive such assessments or

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

763 collected pursuant to this paragraph to the State Treasury for

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

765 741.01.

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

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

768 respondent shall be held in custody until brought before the

769 court as expeditiously as possible for the purpose of enforcing

770 the injunction and for admittance to bail in accordance with

771 chapter 903 and the applicable rules of criminal procedure,

772 pending a hearing.

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

774 modify or dissolve an injunction at any time.

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

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

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

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

779 784.046 Action by victim of repeat violence, sexual

780 violence, or dating violence for protective injunction; dating

781 violence investigations, notice to victims, and reporting;

782 pretrial release violations; public records exemption.—

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

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

785 separate cause of action for an injunction for protection in

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

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

788 violence.

789 (f) A court may not issue mutual orders of protection;

790 however, the court is not precluded from issuing separate

791 injunctions for protection against repeat violence, sexual

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

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

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

795 section, Supreme Court-approved family law forms for the

796 injunction and any modifications to and the enforcement thereof,

797 and for a designation of mail and e-mail address for service

798 ~~simplified forms~~ , and clerical assistance for the preparation

799 and filing of such a petition by any person who is not

800 represented by counsel.

801 (4)

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

803 following form:

805 PETITION FOR INJUNCTION FOR PROTECTION

806 AGAINST REPEAT VIOLENCE, SEXUAL

807 VIOLENCE, OR DATING VIOLENCE

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

810 penalties of perjury that the following statements are true:

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

813 an injunction for protection against repeat violence, sexual

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

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

816 petitioner requires the location of his or her current residence

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

818 Statutes.)

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

820 3.a. Petitioner has suffered repeat violence as

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

822 incidents of violence)...

828 b. Petitioner has suffered sexual violence as demonstrated

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

830 violence and include incident report number from law enforcement

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

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

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

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

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

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

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

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

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

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

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

847 facts that characterize the relationship)...

853 4. Petitioner genuinely fears repeat violence by the

854 respondent.

855 5. Petitioner seeks: an immediate injunction against the

856 respondent, enjoining him or her from committing any further

857 acts of violence; an injunction enjoining the respondent from

858 committing any further acts of violence; and an injunction

859 providing any terms the court deems necessary for the protection

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

861 including any injunctions or directives to law enforcement

862 agencies.

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

865 the petition ex parte and must set a final hearing to be held at

866 the earliest possible time if it appears that the petitioner

867 meets the criteria of paragraph (2)(a), paragraph (2)(b), or

868 paragraph (2)(c) . If a final hearing is set, the respondent must

869 ~~shall~~ be personally served by a law enforcement officer with a

870 copy of the petition, a form for the designation of mail and e

871 mail addresses, notice of final hearing, and temporary

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

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

874 the court that an immediate and present danger of violence

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

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

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

878 proper, including an injunction enjoining the respondent from

879 committing any acts of violence.

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

881 parte review or hearing for the purpose of obtaining such

882 temporary injunction, no evidence other than the verified

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

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

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

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

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

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

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

890 final hearing on the petition without issuing a temporary

891 injunction with notice at the earliest possible time. This

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

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

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

895 Procedure.

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

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

898 ex parte temporary injunction granted under subparagraph

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

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

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

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

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

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

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

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

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

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

909 any period of continuance .

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

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

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

913 violence.

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

915 for the protection of the petitioner, including injunctions or

916 directives to law enforcement agencies, as provided in this

917 section.

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

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

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

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

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

923 protection against repeat violence, sexual violence, or dating

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

925 indicate that:

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

927 of the State of Florida.

928 2. Law enforcement officers may use their arrest powers

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

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

931 under the laws of Florida and that reasonable notice and

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

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

934 process.

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

936 temporary or final order, if obtainable.

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

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

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

940 of the court shall electronically transmit a copy of the

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

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

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

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

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

946 inform the clerk of the court of the respondent’s designated

947 mail or e-mail address for subsequent service within 1 business

948 day after the respondent has been personally served. An

949 electronic copy of the temporary an injunction must be certified

950 by the clerk of the court, and the electronic copy must be

951 served in the same manner as a certified copy. Upon receiving an

952 electronic copy of the temporary injunction, the sheriff must

953 verify receipt with the sender before attempting to serve it

954 upon the respondent. In addition, if the sheriff is in

955 possession of the temporary an injunction for protection that

956 has been certified by the clerk of the court, the sheriff may

957 electronically transmit a copy of that temporary injunction to a

958 law enforcement officer who shall serve it in the same manner as

959 a certified copy. The clerk of the court is responsible for

960 furnishing to the sheriff such information on the respondent’s

961 physical description and location as is required by the

962 department to comply with the verification procedures set forth

963 in this section. Notwithstanding any other law to the contrary,

964 the chief judge of each circuit, in consultation with the

965 appropriate sheriff, may authorize a law enforcement agency

966 within the chief judge’s jurisdiction to effect this type of

967 service and to receive a portion of the service fee. A person

968 may not serve or execute a temporary an injunction issued under

969 this section unless the person is a law enforcement officer as

970 defined in chapter 943.

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

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

973 that an officer from the appropriate law enforcement agency

974 accompany the petitioner and assist in the execution or service

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

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

977 protection against repeat violence, sexual violence, or dating

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

979 petitioner and immediately serve it upon a respondent who has

980 been located but not yet served.

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

982 vacated subsequent to the original service of documents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

999 and shall notify the sheriff.

1001 If the respondent has been served by a law enforcement officer

1002 with the temporary injunction or a notice of hearing on a

1003 temporary injunction, any subsequent petition for injunction

1004 seeking an extension of time, or any subsequent temporary

1005 injunction, final injunction, or order, may be served on the

1006 respondent by the clerk of the court by certified mail or e

1007 mail, in lieu of personal service by a law enforcement officer.

1008 4. All proceedings under this paragraph must be recorded.

1009 Recording may be by electronic means as provided by the Rules of

1010 General Practice and Judicial Administration.

1011 (b) A ~~Domestic, Dating, Sexual, and Repeat Violence~~

1012 ~~Injunction~~ Statewide Injunction Verification System is created

1013 within the Department of Law Enforcement. The department shall

1014 establish, implement, and maintain a statewide communication

1015 system capable of electronically transmitting information to and

1016 between criminal justice agencies relating to domestic violence

1017 injunctions, dating violence injunctions, sexual violence

1018 injunctions, ~~and~~ repeat violence injunctions , and stalking

1019 injunctions issued by the courts throughout the state. Such

1020 information must include, but is not limited to, information as

1021 to the existence and status of any injunction for verification

1022 purposes.

1023 (c)1. Within 24 hours after the court issues an injunction

1024 for protection against repeat violence, sexual violence, or

1025 dating violence or changes or vacates an injunction for

1026 protection against repeat violence, sexual violence, or dating

1027 violence, the clerk of the court must electronically transmit a

1028 copy of the injunction to the sheriff with jurisdiction over the

1029 residence of the petitioner.

1030 2. Within 24 hours after service of process of an

1031 injunction for protection against repeat violence, sexual

1032 violence, or dating violence upon a respondent, the law

1033 enforcement officer must electronically transmit the written

1034 proof of service of process to the sheriff with jurisdiction

1035 over the residence of the petitioner.

1036 3. Within 24 hours after the sheriff receives a certified

1037 copy of the injunction for protection against repeat violence,

1038 sexual violence, or dating violence, the sheriff must make

1039 information relating to the injunction available to other law

1040 enforcement agencies by electronically transmitting such

1041 information to the department.

1042 4. Within 24 hours after the sheriff or other law

1043 enforcement officer has made service upon the respondent and the

1044 sheriff has been so notified, the sheriff must make information

1045 relating to the service available to other law enforcement

1046 agencies by electronically transmitting such information to the

1047 department.

1048 5. Within 24 hours after the court issues a final

1049 injunction for protection after a hearing or changes, continues,

1050 extends, or vacates an injunction for protection against repeat,

1051 sexual, or dating violence, the clerk must mail or e-mail

1052 certified copies of the injunction order to the last known

1053 physical or e-mail address of each party. Service by mail or e

1054 mail is complete upon mailing or e-mailing. When an order is

1055 served pursuant to this subsection, the clerk shall prepare a

1056 written certification to be placed in the court file specifying

1057 the time, date, and method of service. The clerk of the court

1058 shall electronically transmit a certified copy of the injunction

1059 to the sheriff with jurisdiction over the residence of the

1060 petitioner. Within 24 hours after the sheriff receives a

1061 certified copy of the injunction for protection against domestic

1062 violence under this subsection, the sheriff must make

1063 information relating to the injunction available to other law

1064 enforcement agencies by electronically transmitting such

1065 information to the department.

1066 6. Subject to available funding, the Florida Association of

1067 Court Clerks and Comptrollers shall develop an automated process

1068 by which a petitioner may request notification of service of the

1069 injunction for protection against repeat violence, sexual

1070 violence, or dating violence and other court actions related to

1071 the injunction for protection. The automated notice must be made

1072 within 12 hours after the sheriff or other law enforcement

1073 officer serves the injunction upon the respondent. The

1074 notification must include, at a minimum, the date, time, and

1075 location where the injunction for protection against repeat

1076 violence, sexual violence, or dating violence was served. The

1077 Florida Association of Court Clerks and Comptrollers may apply

1078 for any available grants to fund the development of the

1079 automated process.

1080 7. 6. Within 24 hours after an injunction for protection

1081 against repeat violence, sexual violence, or dating violence is

1082 lifted, terminated, or otherwise rendered no longer effective by

1083 ruling of the court, the clerk of the court must notify the

1084 sheriff or local law enforcement agency receiving original

1085 notification of the injunction as provided in subparagraph 2.

1086 That agency shall, within 24 hours after receiving such

1087 notification from the clerk of the court, notify the department

1088 of such action of the court.

1089 (d) The petitioner may request a Hope Card under s. 741.311

1090 after the court has issued a final injunction ~~order of~~

1091 ~~protection~~ .

1092 (9)(a) The court shall enforce, through a civil or criminal

1093 contempt proceeding, a violation of the temporary or final an

1094 injunction for protection. The court may enforce the

1095 respondent’s compliance with the injunction by imposing a

1096 monetary assessment. The clerk of the court shall collect and

1097 receive such assessments. On a monthly basis, the clerk shall

1098 transfer the moneys collected pursuant to this paragraph to the

1099 State Treasury for deposit in the Crimes Compensation Trust Fund

1100 established in s. 960.21.

1101 (b) If the respondent is arrested by a law enforcement

1102 officer under s. 901.15(6) for committing an act of repeat

1103 violence, sexual violence, or dating violence in violation of a

1104 temporary or final an injunction for protection, the respondent

1105 shall be held in custody until brought before the court as

1106 expeditiously as possible for the purpose of enforcing the

1107 injunction and for admittance to bail in accordance with chapter

1108 903 and the applicable rules of criminal procedure, pending a

1109 hearing.

1110 Section 3. Section 784.0485, Florida Statutes, is amended

1111 to read:

1112 784.0485 Stalking; injunction; powers and duties of court

1113 and clerk; petition; notice and hearing; temporary injunction;

1114 issuance of injunction; Statewide Injunction Verification

1115 System; enforcement.—

1116 (1) There is created a cause of action for an injunction

1117 for protection against stalking. For the purposes of injunctions

1118 for protection against stalking under this section, the offense

1119 of stalking shall include the offense of cyberstalking.

1120 (a) A person who is the victim of stalking or the parent or

1121 legal guardian of a minor child who is living at home who seeks

1122 an injunction for protection against stalking on behalf of the

1123 minor child has standing in the circuit court to file a verified

1124 petition for an injunction for protection against stalking.

1125 (b) The cause of action for an injunction for protection

1126 may be sought regardless of whether any other cause of action is

1127 currently pending between the parties. However, the pendency of

1128 any such cause of action shall be alleged in the petition.

1129 (c) The cause of action for an injunction may be sought by

1130 any affected person.

1131 (d) The cause of action for an injunction does not require

1132 either party to be represented by an attorney.

1133 (e) The court may not issue mutual orders of protection;

1134 however, the court is not precluded from issuing separate

1135 injunctions for protection against stalking if each party has

1136 complied with this section. Compliance with this section may not

1137 be waived.

1138 (f) Notwithstanding chapter 47, a petition for an

1139 injunction for protection against stalking may be filed in the

1140 circuit where the petitioner currently or temporarily resides,

1141 where the respondent resides, or where the stalking occurred.

1142 There is no minimum requirement of residency to petition for an

1143 injunction for protection.

1144 (2)(a) Notwithstanding any other law, the clerk of court

1145 may not assess a filing fee to file a petition for protection

1146 against stalking. However, subject to legislative appropriation,

1147 the clerk of the circuit court may, on a quarterly basis, submit

1148 to the Justice Administrative Commission a certified request for

1149 reimbursement for petitions for protection against stalking

1150 issued by the court, at the rate of $40 per petition. The

1151 request for reimbursement must be submitted in the form and

1152 manner prescribed by the Justice Administrative Commission. From

1153 this reimbursement, the clerk shall pay any law enforcement

1154 agency serving the injunction the fee requested by the law

1155 enforcement agency; however, this fee may not exceed $20.

1156 (b) A bond is not required by the court for the entry of an

1157 injunction.

1158 (c)1. The clerk of the court shall assist petitioners in

1159 seeking both injunctions for protection against stalking and

1160 enforcement of a violation thereof as specified in this section.

1161 2. All offices of the clerk of the court shall provide

1162 Supreme Court-approved family law ~~simplified petition~~ forms for

1163 the injunction and any modifications to and the enforcement

1164 thereof, and for a designation of mail and e-mail addresses for

1165 service, including instructions for completion.

1166 3. The clerk of the court shall ensure the petitioner’s

1167 privacy to the extent practicable while completing the forms for

1168 an injunction for protection against stalking.

1169 4. The clerk of the court shall provide a petitioner with a

1170 minimum of two certified copies of the order of injunction, one

1171 of which is serviceable and will inform the petitioner of the

1172 process for service and enforcement.

1173 5. The clerk of the court and appropriate staff in each

1174 county shall receive training in the effective assistance of

1175 petitioners as provided or approved by the Florida Association

1176 of Court Clerks and Comptrollers.

1177 6. The clerk of the court in each county shall make

1178 available informational brochures on stalking when such a

1179 brochure is provided by the local certified domestic violence

1180 center or certified rape crisis center.

1181 7. The clerk of the court in each county shall distribute a

1182 statewide uniform informational brochure to petitioners at the

1183 time of filing for an injunction for protection against stalking

1184 when such brochures become available. The brochure must include

1185 information about the effect of giving the court false

1186 information.

1187 (3)(a) The verified petition shall allege the existence of

1188 such stalking and shall include the specific facts and

1189 circumstances for which relief is sought.

1190 (b) The verified petition shall be in substantially the

1191 following form:

1193 PETITION FOR INJUNCTION

1194 FOR PROTECTION AGAINST STALKING

1196 The undersigned petitioner ...(name)... declares under

1197 penalties of perjury that the following statements are

1198 true:

1200 1. Petitioner resides at: ...(address)...

1201 (Petitioner may furnish the address to the court in a

1202 separate confidential filing if, for safety reasons,

1203 the petitioner requires the location of the current

1204 residence to be confidential.)

1205 2. Respondent resides at: ...(last known address)...

1206 3. Respondent’s last known place of employment:

1207 ...(name of business and address)...

1208 4. Physical description of respondent: ....

1209 5. Race: ....

1210 6. Sex: ....

1211 7. Date of birth: ....

1212 8. Height: ....

1213 9. Weight: ....

1214 10. Eye color: ....

1215 11. Hair color: ....

1216 12. Distinguishing marks or scars: ....

1217 13. Aliases of respondent: ....

1219 (c) The petitioner shall describe any other cause of action

1220 currently pending between the petitioner and respondent. The

1221 petitioner shall also describe any previous attempt by the

1222 petitioner to obtain an injunction for protection against

1223 stalking in this or any other circuit, and the result of that

1224 attempt. (Case numbers should be included, if available.)

1225 (d) The petition must provide space for the petitioner to

1226 specifically allege that he or she is a victim of stalking

1227 because respondent has:

1229 (Mark all sections that apply and describe in the

1230 spaces below the incidents of stalking specifying when

1231 and where they occurred, including, but not limited

1232 to, locations such as a home, school, or place of

1233 employment.)

1235 .... Committed stalking.

1236 .... Previously threatened, harassed, stalked,

1237 cyberstalked, or physically abused the petitioner.

1238 .... Threatened to harm the petitioner or family members or

1239 individuals closely associated with the petitioner.

1240 .... Intentionally injured or killed a family pet.

1241 .... Used, or threatened to use, against the petitioner any

1242 weapons such as guns or knives.

1243 .... A criminal history involving violence or the threat of

1244 violence, if known.

1245 .... Another order of protection issued against him or her

1246 previously or from another jurisdiction, if known.

1247 .... Destroyed personal property, including, but not

1248 limited to, telephones or other communication equipment,

1249 clothing, or other items belonging to the petitioner.

1251 (e) The petitioner seeks an injunction:

1253 (Mark appropriate section or sections.)

1255 .... Immediately restraining the respondent from committing

1256 any acts of stalking.

1257 .... Restraining the respondent from committing any acts of

1258 stalking.

1259 .... Providing any terms the court deems necessary for the

1260 protection of a victim of stalking, including any injunctions or

1261 directives to law enforcement agencies.

1263 (f) Every petition for an injunction against stalking must

1264 contain, directly above the signature line, a statement in all

1265 capital letters and bold type not smaller than the surrounding

1266 text, as follows:

1268 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ

1269 THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT

1270 ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN

1271 THIS PETITION ARE BEING MADE UNDER PENALTIES OF

1272 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525,

1273 FLORIDA STATUTES.

1275 ...(initials)...

1277 (4) Upon the filing of the petition, the court shall review

1278 the petition ex parte and must set a final hearing to be held at

1279 the earliest possible time if it appears that the petitioner is

1280 a victim of stalking . If a final hearing is set, the respondent

1281 must ~~shall~~ be personally served by a law enforcement officer

1282 with a copy of the petition, notice of hearing, and temporary

1283 injunction, if any, before the final hearing.

1284 (5)(a) Upon review of the petition, if it appears to the

1285 court that stalking exists, the court may grant a temporary

1286 injunction ex parte, pending a final ~~full~~ hearing, and may grant

1287 such relief as the court deems proper, including an injunction

1288 restraining the respondent from committing any act of stalking.

1289 (b) Except as provided in s. 90.204, in an ex parte review

1290 or an ~~a hearing~~ ex parte hearing for the purpose of obtaining

1291 such ex parte temporary injunction, evidence other than verified

1292 pleadings or affidavits may not be used as evidence, unless the

1293 respondent appears at the hearing or has received reasonable

1294 notice of the hearing. A denial of a petition for an ex parte

1295 temporary injunction shall be by written order noting the legal

1296 grounds for denial. If the only ground for denial is no

1297 appearance of an immediate and present danger of stalking, the

1298 court shall set a final ~~full~~ hearing on the petition for

1299 injunction with notice at the earliest possible time. This

1300 paragraph does not affect a petitioner’s right to promptly amend

1301 any petition, or otherwise be heard in person on any petition

1302 consistent with the Florida Rules of Civil Procedure.

1303 (c) Any such ex parte temporary injunction is effective for

1304 a fixed period not to exceed 15 days. If a final ~~full~~ hearing is

1305 set , as provided in this section, the hearing shall be set for a

1306 date no later than the date when the temporary injunction ceases

1307 to be effective. The court may grant a continuance of the

1308 hearing before or during the a hearing for good cause shown by

1309 any party, which shall include a continuance to obtain service

1310 of process. An injunction shall be extended if necessary to

1311 remain in full force and effect during any period of

1312 continuance.

1313 (6)(a) Upon notice and final hearing, when it appears to

1314 the court that the petitioner is the victim of stalking, the

1315 court may grant such relief as the court deems proper, including

1316 an injunction:

1317 1. Restraining the respondent from committing any act of

1318 stalking.

1319 2. Ordering the respondent to participate in treatment,

1320 intervention, or counseling services to be paid for by the

1321 respondent.

1322 3. Referring a petitioner to appropriate services. The

1323 court may provide the petitioner with a list of certified

1324 domestic violence centers, certified rape crisis centers, and

1325 other appropriate referrals in the circuit which the petitioner

1326 may contact.

1327 4. Ordering such other relief as the court deems necessary

1328 for the protection of a victim of stalking, including

1329 injunctions or directives to law enforcement agencies, as

1330 provided in this section.

1331 (b) The terms of an injunction restraining the respondent

1332 under subparagraph (a)1. or ordering other relief for the

1333 protection of the victim under subparagraph (a)4. shall remain

1334 in effect until modified or dissolved. Either party may move at

1335 any time to modify or dissolve the injunction. Specific

1336 allegations are not required. Such relief may be granted in

1337 addition to other civil or criminal remedies.

1338 (c) A temporary or final ~~judgment on~~ injunction for

1339 protection against stalking entered pursuant to this section

1340 shall, on its face, indicate:

1341 1. That the injunction is valid and enforceable in all

1342 counties of this state.

1343 2. That law enforcement officers may use their arrest

1344 powers pursuant to s. 901.15(6) to enforce the terms of the

1345 injunction.

1346 3. That the court has jurisdiction over the parties and

1347 matter under the laws of this state and that reasonable notice

1348 and opportunity to be heard was given to the person against whom

1349 the order is sought sufficient to protect that person’s right to

1350 due process.

1351 4. The date that the respondent was served with the

1352 temporary or final injunction ~~order~~ , if obtainable.

1353 (d) The fact that a separate injunction ~~order of protection~~

1354 is granted to each opposing party is not legally sufficient to

1355 deny any remedy to either party or to prove that the parties are

1356 equally at fault or equally endangered.

1357 (e) A final ~~judgment on an~~ injunction for protection

1358 against stalking entered pursuant to this section must, on its

1359 face, provide that it is a violation of s. 790.233 and a

1360 misdemeanor of the first degree for the respondent to have in

1361 his or her care, custody, possession, or control any firearm or

1362 ammunition.

1363 (f) All proceedings under this subsection shall be

1364 recorded. Recording may be by electronic means as provided by

1365 the Rules of General Practice and Judicial Administration.

1366 (7) The court shall allow an advocate from a state

1367 attorney’s office, a law enforcement agency, a certified rape

1368 crisis center, or a certified domestic violence center who is

1369 registered under s. 39.905 to be present with the petitioner or

1370 respondent during any court proceedings or hearings related to

1371 the injunction for protection if the petitioner or respondent

1372 has made such a request and the advocate is able to be present.

1373 (8)(a)1. Within 24 hours after the court sets the case for

1374 a final hearing ~~issues an injunction for protection against~~

1375 ~~stalking~~ , the clerk of the court shall electronically transmit a

1376 copy of the petition, designation of mailing and e-mail address,

1377 notice of hearing, and temporary injunction, if any, to the

1378 sheriff or a law enforcement agency of the county where the

1379 respondent resides or can be found, who shall serve it upon the

1380 respondent as soon thereafter as possible on any day of the week

1381 and at any time of the day or night. The respondent shall inform

1382 the clerk of court of the respondent’s designated mail or e-mail

1383 address for subsequent service within 1 business day after the

1384 respondent has been personally served. An electronic copy of the

1385 temporary an injunction must be certified by the clerk of the

1386 court, and the electronic copy must be served in the same manner

1387 as a certified copy. Upon receiving an electronic copy of the

1388 temporary injunction, the sheriff must verify receipt with the

1389 sender before attempting to serve it on the respondent. In

1390 addition, if the sheriff is in possession of a temporary an

1391 injunction for protection that has been certified by the clerk

1392 of the court, the sheriff may electronically transmit a copy of

1393 that temporary injunction to a law enforcement officer who shall

1394 serve it in the same manner as a certified copy. The clerk of

1395 the court shall furnish to the sheriff such information

1396 concerning the respondent’s physical description and location as

1397 is required by the Department of Law Enforcement to comply with

1398 the verification procedures set forth in this section.

1399 Notwithstanding any other law, the chief judge of each circuit,

1400 in consultation with the appropriate sheriff, may authorize a

1401 law enforcement agency within the jurisdiction to effect

1402 service. A law enforcement agency serving injunctions pursuant

1403 to this section must use service and verification procedures

1404 consistent with those of the sheriff.

1405 2. If an injunction is issued and the petitioner requests

1406 the assistance of a law enforcement agency, the court may order

1407 that an officer from the appropriate law enforcement agency

1408 accompany the petitioner to assist in the execution or service

1409 of the temporary or final injunction. A law enforcement officer

1410 must accept a copy of a temporary or final an injunction for

1411 protection against stalking, certified by the clerk of the

1412 court, from the petitioner and immediately serve it upon a

1413 respondent who has been located but not yet served.

1414 3. An order issued, changed, continued, extended, or

1415 vacated subsequent to the original service of documents

1416 enumerated under subparagraph 1. must be certified by the clerk

1417 of the court and delivered to the parties at the time of the

1418 entry of the order. The parties may acknowledge receipt of such

1419 order in writing on the face of the original order. If a party

1420 fails or refuses to acknowledge the receipt of a certified copy

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

1422 that service was effected. If delivery at the hearing is not

1423 possible, or the parties have appeared through audio-video

1424 communication technology, the clerk shall mail or e-mail

1425 certified copies of the order to the parties at the last known

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

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

1428 served by the clerk of the court pursuant to this subsection,

1429 the clerk shall prepare a written certification to be placed in

1430 the court file specifying the time, date, and method of service

1431 and shall notify the sheriff.

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

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

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

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

1436 injunction seeking an extension of time , any subsequent

1437 temporary or final injunction, or any subsequent order may be

1438 served on the respondent by the clerk of the court by certified

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

1440 officer.

1441 5. A Statewide Injunction Verification System is created

1442 within the Department of Law Enforcement. The department shall

1443 establish, implement, and maintain a statewide communication

1444 system capable of electronically transmitting information to and

1445 between criminal justice agencies relating to domestic violence

1446 injunctions, dating violence injunctions, sexual violence

1447 injunctions, repeat violence injunctions, and stalking

1448 injunctions issued by the courts throughout this state. Such

1449 information must include, but is not limited to, information as

1450 to the existence and status of any injunction for verification

1451 purposes.

1452 (b)1. Subsequent to the original service of documents in

1453 subparagraph (a)1., the clerk of the court, within 24 hours

1454 after the court issues a final an injunction for protection

1455 against stalking or changes, continues, extends, or vacates a

1456 temporary an injunction for protection against stalking, ~~the~~

1457 ~~clerk of the court~~ must electronically transmit a certified copy

1458 of the injunction for service to the sheriff having jurisdiction

1459 over the residence of the petitioner. The clerk must mail or e

1460 mail certified copies of the order to the parties to the last

1461 known physical or e-mail address of each party. Service by mail

1462 or e-mail is complete upon mailing or e-mailing. When an order

1463 is served pursuant to this subsection, the clerk shall prepare a

1464 written certification to be placed in the court file specifying

1465 the time, date, and method of service and shall electronically

1466 transmit a certified copy of the order to the sheriff with

1467 jurisdiction over the residence of the petitioner ~~The injunction~~

1468 ~~must be served in accordance with this subsection~~ .

1469 2. Within 24 hours after service of process of an

1470 injunction for protection against stalking upon a respondent,

1471 the law enforcement officer must electronically transmit the

1472 written proof of service of process to the sheriff having

1473 jurisdiction over the residence of the petitioner.

1474 3. Within 24 hours after the sheriff receives a certified

1475 copy of the injunction for protection against stalking, the

1476 sheriff must make information relating to the injunction

1477 available to other law enforcement agencies by electronically

1478 transmitting such information to the Department of Law

1479 Enforcement.

1480 4. Within 24 hours after the sheriff or other law

1481 enforcement officer has made service upon the respondent and the

1482 sheriff has been so notified, the sheriff must make information

1483 relating to the service available to other law enforcement

1484 agencies by electronically transmitting such information to the

1485 Department of Law Enforcement.

1486 5. Within 24 hours after the court issues a final

1487 injunction for protection after a hearing or changes, continues,

1488 extends, or vacates an injunction for protection against

1489 stalking ~~is vacated, terminated, or otherwise rendered no longer~~

1490 ~~effective by ruling of the court~~ , the clerk of the court must

1491 mail or e-mail certified copies of the injunction order to the

1492 last known physical or e-mail address of each party. Service by

1493 mail or e-mail is complete upon mailing or e-mailing. When an

1494 order is served pursuant to this subsection, the clerk shall

1495 prepare a written certification to be placed in the court file

1496 specifying the time, date, and method or service. The clerk of

1497 the court must electronically transmit a certified copy of the

1498 injunction to the sheriff with jurisdiction over the residence

1499 of the petitioner. Within 24 hours after the sheriff receives a

1500 certified copy of the injunction for protection against stalking

1501 under this subsection, the sheriff must make information

1502 relating to the injunction available to other law enforcement

1503 agencies by electronically transmitting such information to

1504 ~~notify the sheriff receiving original notification of the~~

1505 ~~injunction as provided in subparagraph 2. That agency shall,~~

1506 ~~within 24 hours after receiving such notification from the clerk~~

1507 ~~of the court, notify~~ the Department of Law Enforcement ~~of such~~

1508 ~~action of the court~~ .

1509 (c) The petitioner may request a Hope Card under s. 741.311

1510 after the court has issued a final injunction ~~order of~~

1511 ~~protection~~ .

1512 (9)(a) The court may enforce a violation of a temporary or

1513 final an injunction for protection against stalking through a

1514 civil or criminal contempt proceeding, or the state attorney may

1515 prosecute it as a criminal violation under s. 784.0487. Any

1516 assessments or fines ordered by the court enforcing such an

1517 injunction shall be collected by the clerk of the court and

1518 transferred on a monthly basis to the State Treasury for deposit

1519 into the Domestic Violence Trust Fund.

1520 (b) If the respondent is arrested by a law enforcement

1521 officer under s. 901.15(6) or for a violation of s. 784.0487,

1522 the respondent shall be held in custody until brought before the

1523 court as expeditiously as possible for the purpose of enforcing

1524 the injunction and for admittance to bail in accordance with

1525 chapter 903 and the applicable rules of criminal procedure,

1526 pending a hearing.

1527 (10) The petitioner or the respondent may move the court to

1528 modify or dissolve an injunction at any time.

1529 Section 4. Paragraph (a) of subsection (3) of section

1530 61.1825, Florida Statutes, is amended to read:

1531 61.1825 State Case Registry.—

1532 (3)(a) For the purpose of this section, a family violence

1533 indicator must be placed on a record when:

1534 1. A party executes a sworn statement requesting that a

1535 family violence indicator be placed on that party’s record which

1536 states that the party has reason to believe that release of

1537 information to the Federal Case Registry may result in physical

1538 or emotional harm to the party or the child; or

1539 2. A temporary or final injunction for protection against

1540 domestic violence has been granted pursuant to s. 741.30(6), an

1541 injunction for protection against domestic violence has been

1542 issued by a court of a foreign state pursuant to s. 741.315, or

1543 a temporary or final injunction for protection against repeat

1544 violence has been granted pursuant to s. 784.046; or

1545 3. The department has received information on a Title IV-D

1546 case from the Statewide ~~Domestic, Dating, Sexual, and Repeat~~

1547 ~~Violence~~ Injunction ~~Statewide~~ Verification System, established

1548 pursuant to s. 784.046(8)(b), that a court has granted a party a

1549 domestic violence or repeat violence injunction.

1550 Section 5. Paragraph (e) of subsection (2) of section

1551 943.05, Florida Statutes, is amended to read:

1552 943.05 Criminal Justice Information Program; duties; crime

1553 reports.—

1554 (2) The program shall:

1555 (e) Establish, implement, and maintain a Statewide ~~Domestic~~

1556 ~~and Repeat Violence~~ Injunction ~~Statewide~~ Verification System

1557 capable of electronically transmitting information to and

1558 between criminal justice agencies relating to domestic violence

1559 injunctions, injunctions to prevent child abuse issued under

1560 chapter 39, and repeat violence injunctions issued by the courts

1561 throughout the state. Such information must include, but is not

1562 limited to, information as to the existence and status of any

1563 such injunction for verification purposes.

1564 Section 6. For the purpose of incorporating the amendment

1565 made by this act to section 741.30, Florida Statutes, in a

1566 reference thereto, subsection (5) of section 39.504, Florida

1567 Statutes, is reenacted to read:

1568 39.504 Injunction; penalty.—

1569 (5) Service of process on the respondent shall be carried

1570 out pursuant to s. 741.30. The department shall deliver a copy

1571 of any injunction issued pursuant to this section to the

1572 protected party or to a parent, caregiver, or individual acting

1573 in the place of a parent who is not the respondent. Law

1574 enforcement officers may exercise their arrest powers as

1575 provided in s. 901.15(6) to enforce the terms of the injunction.

1576 Section 7. For the purpose of incorporating the amendment

1577 made by this act to section 741.30, Florida Statutes, in a

1578 reference thereto, paragraph (b) of subsection (3) of section

1579 44.407, Florida Statutes, is reenacted to read:

1580 44.407 Elder-focused dispute resolution process.—

1581 (3) REFERRAL.—

1582 (b) The court may not refer a party who has a history of

1583 domestic violence or exploitation of an elderly person to

1584 eldercaring coordination unless the elder and other parties in

1585 the action consent to such referral.

1586 1. The court shall offer each party an opportunity to

1587 consult with an attorney or a domestic violence advocate before

1588 accepting consent to such referral. The court shall determine

1589 whether each party has given his or her consent freely and

1590 voluntarily.

1591 2. The court shall consider whether a party has committed

1592 an act of exploitation as defined in s. 415.102, exploitation of

1593 an elderly person or disabled adult as defined in s. 825.103(1),

1594 or domestic violence as defined in s. 741.28 against another

1595 party or any member of another party’s family; engaged in a

1596 pattern of behaviors that exert power and control over another

1597 party and that may compromise another party’s ability to

1598 negotiate a fair result; or engaged in behavior that leads

1599 another party to have reasonable cause to believe that he or she

1600 is in imminent danger of becoming a victim of domestic violence.

1601 The court shall consider and evaluate all relevant factors,

1602 including, but not limited to, the factors specified in s.

1603 741.30(6)(b).

1604 3. If a party has a history of domestic violence or

1605 exploitation of an elderly person, the court must order

1606 safeguards to protect the safety of the participants and the

1607 elder and the elder’s property, including, but not limited to,

1608 adherence to all provisions of an injunction for protection or

1609 conditions of bail, probation, or a sentence arising from

1610 criminal proceedings.

1611 Section 8. For the purpose of incorporating the amendment

1612 made by this act to section 741.30, Florida Statutes, in a

1613 reference thereto, paragraph (b) of subsection (4) of section

1614 61.125, Florida Statutes, is reenacted to read:

1615 61.125 Parenting coordination.—

1616 (4) DOMESTIC VIOLENCE ISSUES.—

1617 (b) In determining whether there has been a history of

1618 domestic violence, the court shall consider whether a party has

1619 committed an act of domestic violence as defined s. 741.28, or

1620 child abuse as defined in s. 39.01, against the other party or

1621 any member of the other party’s family; engaged in a pattern of

1622 behaviors that exert power and control over the other party and

1623 that may compromise the other party’s ability to negotiate a

1624 fair result; or engaged in behavior that leads the other party

1625 to have reasonable cause to believe he or she is in imminent

1626 danger of becoming a victim of domestic violence. The court

1627 shall consider and evaluate all relevant factors, including, but

1628 not limited to, the factors listed in s. 741.30(6)(b).

1629 Section 9. For the purpose of incorporating the amendment

1630 made by this act to section 741.30, Florida Statutes, in a

1631 reference thereto, subsection (1) of section 741.29, Florida

1632 Statutes, is reenacted to read:

1633 741.29 Domestic violence; investigation of incidents;

1634 notice to victims of legal rights and remedies; reporting.—

1635 (1) Any law enforcement officer who investigates an alleged

1636 incident of domestic violence shall:

1637 (a) Assist the victim to obtain medical treatment if such

1638 is required as a result of the alleged incident to which the

1639 officer responds;

1640 (b) Advise the victim of such violence that there is a

1641 domestic violence center from which the victim may receive

1642 services;

1643 (c) Administer a lethality assessment consistent with the

1644 requirements established in subsection (2) if the allegation of

1645 domestic violence is against an intimate partner, regardless of

1646 whether an arrest is made; and

1647 (d) Give the victim immediate notice of the legal rights

1648 and remedies available on a standard form developed and

1649 distributed by the department. As necessary, the department

1650 shall revise the Legal Rights and Remedies Notice to Victims to

1651 include a general summary of s. 741.30 using simple English as

1652 well as Spanish, and shall distribute the notice as a model form

1653 to be used by all law enforcement agencies throughout this

1654 state. The notice must include:

1655 1. The resource listing, including telephone number, for

1656 the area domestic violence center designated by the Department

1657 of Children and Families; and

1658 2. A copy of the following statement:

1660 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may

1661 ask the state attorney to file a criminal complaint.

1662 You also have the right to go to court and file a

1663 petition requesting an injunction for protection from

1664 domestic violence which may include, but need not be

1665 limited to, provisions which restrain the abuser from

1666 further acts of abuse; direct the abuser to leave your

1667 household; prevent the abuser from entering your

1668 residence, school, business, or place of employment;

1669 award you custody of your minor child or children; and

1670 direct the abuser to pay support to you and the minor

1671 children if the abuser has a legal obligation to do

1672 so.

1674 Section 10. This act shall take effect July 1, 2026.