Florida Senate - 2010                                     SB 174
       
       
       
       By Senator Joyner
       
       
       
       
       18-00108A-10                                           2010174__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence; amending ss.
    3         741.28 and 784.046, F.S., relating to domestic
    4         violence, repeat violence, sexual violence, and dating
    5         violence; defining the term “global positioning
    6         monitoring device”; creating ss. 741.301 and 784.0465,
    7         F.S.; providing that a court may order a respondent to
    8         wear a global positioning monitoring device if it
    9         appears to the court that the petitioner is the victim
   10         of domestic violence, repeat violence, sexual
   11         violence, or dating violence or has reasonable cause
   12         to believe that he or she is in imminent danger of
   13         becoming a victim of domestic violence, repeat
   14         violence, sexual violence, or dating violence;
   15         providing conditions for which the court may order a
   16         respondent to wear a global positioning monitoring
   17         device; providing that the petitioner be provided a
   18         telephone contact of a law enforcement agency;
   19         permitting the petitioner to terminate the electronic
   20         monitoring at any time; prohibiting the court from
   21         imposing sanctions on the petitioner if he or she
   22         refuses to participate in or terminates the global
   23         position monitoring of the respondent; requiring the
   24         respondent to pay the costs associated with operating
   25         the monitoring device; amending ss. 741.31 and
   26         784.047, F.S.; providing that a person commits a
   27         misdemeanor of the first degree if he or she removes a
   28         global positioning monitoring device without the
   29         permission of the court; reenacting s. 901.15(7),
   30         F.S., relating to warrantless arrest by a law
   31         enforcement officer, to incorporate the amendment to
   32         s. 741.31, F.S., in a reference thereto; providing an
   33         effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Present subsection (4) of section 741.28,
   38  Florida Statutes, is renumbered as subsection (5), and a new
   39  subsection (4) is added to that section, to read:
   40         741.28 Domestic violence; definitions.—As used in ss.
   41  741.28-741.31:
   42         (4) “Global positioning monitoring device” means a device
   43  that electronically determines and reports the location of an
   44  individual by means of an ankle bracelet transmitter or similar
   45  device worn by the individual which transmits latitude and
   46  longitude data to monitoring authorities through global
   47  positioning satellite technology, but does not contain or
   48  operate any global positioning system technology, radio
   49  frequency identification technology, or similar technology that
   50  is implanted in or otherwise invades or violates the corporeal
   51  body of the individual.
   52         Section 2. Section 741.301, Florida Statutes, is created to
   53  read:
   54         741.301 Domestic violence; global positioning monitoring
   55  device; payment of costs.—If it appears to the court that a
   56  petitioner is the victim of domestic violence, as defined in s.
   57  741.28, or has reasonable cause to believe that he or she is in
   58  imminent danger of becoming a victim of domestic violence, the
   59  court may, in addition to issuing an injunction for protection
   60  against domestic violence, order the respondent to wear a global
   61  positioning monitoring device.
   62         (1) In determining whether to order a respondent to wear a
   63  global positioning monitoring device, the court shall consider
   64  the likelihood that the respondent’s participation in wearing
   65  the global positioning monitoring device will deter the
   66  respondent from attempting to commit an act of domestic violence
   67  against the petitioner prior to trial.
   68         (2) The petitioner shall be furnished with a telephone
   69  contact of the local law enforcement agency in order to request
   70  immediate assistance if the respondent is located within a
   71  determined proximity to the petitioner.
   72         (3)(a) The petitioner may request the court to terminate
   73  his or her participation in the global positioning monitoring of
   74  the respondent at any time.
   75         (b) The court may not impose sanctions against the
   76  petitioner for refusing to participate in or terminating the
   77  global positioning monitoring of the respondent.
   78         (4)(a) If the court requires the respondent to wear a
   79  global positioning monitoring device as a condition of the
   80  issuance of an injunction for protection against domestic
   81  violence, the respondent shall pay the costs associated with
   82  operating the monitoring device to the law enforcement agency
   83  monitoring the respondent.
   84         (b) A respondent may not be released from the injunction
   85  for protection against domestic violence until he or she pays
   86  all costs associated with wearing the monitoring device and any
   87  costs incurred by the law enforcement agency in monitoring the
   88  device. The court may order the respondent to perform community
   89  service work in lieu of paying the costs of monitoring.
   90         Section 3. Paragraph (a) of subsection (4) of section
   91  741.31, Florida Statutes, is amended to read:
   92         741.31 Violation of an injunction for protection against
   93  domestic violence.—
   94         (4)(a) A person who willfully violates an injunction for
   95  protection against domestic violence issued pursuant to s.
   96  741.30, or a foreign protection order accorded full faith and
   97  credit pursuant to s. 741.315, by:
   98         1. Refusing to vacate the dwelling that the parties share;
   99         2. Going to, or being within 500 feet of, the petitioner’s
  100  residence, school, place of employment, or a specified place
  101  frequented regularly by the petitioner and any named family or
  102  household member;
  103         3. Committing an act of domestic violence against the
  104  petitioner;
  105         4. Committing any other violation of the injunction through
  106  an intentional unlawful threat, word, or act to do violence to
  107  the petitioner;
  108         5. Telephoning, contacting, or otherwise communicating with
  109  the petitioner directly or indirectly, unless the injunction
  110  specifically allows indirect contact through a third party;
  111         6. Knowingly and intentionally coming within 100 feet of
  112  the petitioner’s motor vehicle, whether or not that vehicle is
  113  occupied;
  114         7. Defacing or destroying the petitioner’s personal
  115  property, including the petitioner’s motor vehicle; or
  116         8. Refusing to surrender firearms or ammunition if ordered
  117  to do so by the court; or
  118         9. Removing a global positioning monitoring device without
  119  the written permission of the court,
  120  
  121  commits a misdemeanor of the first degree, punishable as
  122  provided in s. 775.082 or s. 775.083.
  123         Section 4. Subsection (1) of section 784.046, Florida
  124  Statutes, is amended to read:
  125         784.046 Action by victim of repeat violence, sexual
  126  violence, or dating violence for protective injunction; dating
  127  violence investigations, notice to victims, and reporting;
  128  pretrial release violations.—
  129         (1) As used in this section, the term:
  130         (a) “Violence” means any assault, aggravated assault,
  131  battery, aggravated battery, sexual assault, sexual battery,
  132  stalking, aggravated stalking, kidnapping, or false
  133  imprisonment, or any criminal offense resulting in physical
  134  injury or death, by a person against any other person.
  135         (b) “Repeat violence” means two incidents of violence or
  136  stalking committed by the respondent, one of which must have
  137  been within 6 months of the filing of the petition, which are
  138  directed against the petitioner or the petitioner’s immediate
  139  family member.
  140         (c) “Sexual violence” means any one incident of:
  141         1. Sexual battery, as defined in chapter 794;
  142         2. A lewd or lascivious act, as defined in chapter 800,
  143  committed upon or in the presence of a person younger than 16
  144  years of age;
  145         3. Luring or enticing a child, as described in chapter 787;
  146         4. Sexual performance by a child, as described in chapter
  147  827; or
  148         5. Any other forcible felony wherein a sexual act is
  149  committed or attempted,
  150  
  151  regardless of whether criminal charges based on the incident
  152  were filed, reduced, or dismissed by the state attorney.
  153         (d) “Dating violence” means violence between individuals
  154  who have or have had a continuing and significant relationship
  155  of a romantic or intimate nature. The existence of such a
  156  relationship shall be determined based on the consideration of
  157  the following factors:
  158         1. A dating relationship must have existed within the past
  159  6 months;
  160         2. The nature of the relationship must have been
  161  characterized by the expectation of affection or sexual
  162  involvement between the parties; and
  163         3. The frequency and type of interaction between the
  164  persons involved in the relationship must have included that the
  165  persons have been involved over time and on a continuous basis
  166  during the course of the relationship.
  167  
  168  The term does not include violence in a casual acquaintanceship
  169  or violence between individuals who only have engaged in
  170  ordinary fraternization in a business or social context.
  171         (e) “Global positioning monitoring device” means a device
  172  that electronically determines and reports the location of an
  173  individual by means of an ankle bracelet transmitter or similar
  174  device worn by the individual which transmits latitude and
  175  longitude data to monitoring authorities through global
  176  positioning satellite technology, but does not contain or
  177  operate any global positioning system technology, radio
  178  frequency identification technology, or similar technology that
  179  is implanted in or otherwise invades or violates the corporeal
  180  body of the individual.
  181         Section 5. Section 784.0465, Florida Statutes, is created
  182  to read:
  183         784.0465 Domestic violence; global positioning monitoring
  184  device; payment of costs.—If it appears to the court that a
  185  petitioner is the victim of repeat violence, sexual violence, or
  186  dating violence, as defined by s. 784.046, or has reasonable
  187  cause to believe that he or she is in imminent danger of
  188  becoming a victim of repeat violence, sexual violence, or dating
  189  violence, the court may, in addition to issuing an injunction
  190  for protection against repeat violence, sexual violence, or
  191  dating violence, order the respondent to wear a global
  192  positioning monitoring device.
  193         (1) In determining whether to order a respondent to wear a
  194  global positioning monitoring device, the court shall consider
  195  the likelihood that the respondent’s participation in wearing
  196  the global positioning monitoring device will deter the
  197  respondent from attempting to commit an act of repeat violence,
  198  sexual violence, or dating violence against the petitioner prior
  199  to trial.
  200         (2) The petitioner shall be furnished with a telephone
  201  contact of the local law enforcement agency in order to request
  202  immediate assistance if the respondent is located within a
  203  determined proximity to the petitioner.
  204         (3)(a) The petitioner may request the court to terminate
  205  his or her participation in the global positioning monitoring of
  206  the respondent at any time.
  207         (b) The court may not impose sanctions against the
  208  petitioner for refusing to participate in or terminating the
  209  global positioning monitoring of the respondent.
  210         (4)(a) If the court requires the respondent to wear a
  211  global positioning monitoring device as a condition of the
  212  issuance of an injunction for protection against repeat
  213  violence, sexual violence, or dating violence, the respondent
  214  shall pay the costs associated with operating the monitoring
  215  device to the law enforcement agency monitoring the respondent.
  216         (b) A respondent may not be released from the injunction
  217  for protection against repeat violence, sexual violence, or
  218  dating violence until he or she pays all costs associated with
  219  wearing the monitoring device and any costs incurred by the law
  220  enforcement agency in monitoring the device. The court may order
  221  the respondent to perform community service work in lieu of
  222  paying the costs of monitoring.
  223         Section 6. Section 784.047, Florida Statutes, is amended to
  224  read:
  225         784.047 Penalties for violating protective injunction
  226  against violators.—A person who willfully violates an injunction
  227  for protection against repeat violence, sexual violence, or
  228  dating violence, issued pursuant to s. 784.046, or a foreign
  229  protection order accorded full faith and credit pursuant to s.
  230  741.315 by:
  231         (1) Refusing to vacate the dwelling that the parties share;
  232         (2) Going to the petitioner’s residence, school, place of
  233  employment, or a specified place frequented regularly by the
  234  petitioner and any named family or household member;
  235         (3) Committing an act of repeat violence, sexual violence,
  236  or dating violence against the petitioner;
  237         (4) Committing any other violation of the injunction
  238  through an intentional unlawful threat, word, or act to do
  239  violence to the petitioner; or
  240         (5) Telephoning, contacting, or otherwise communicating
  241  with the petitioner directly or indirectly, unless the
  242  injunction specifically allows indirect contact through a third
  243  party; or
  244         (6) Removing a global positioning monitoring device without
  245  the written permission of the court,
  246  
  247  commits a misdemeanor of the first degree, punishable as
  248  provided in s. 775.082 or s. 775.083.
  249         Section 7. For the purpose of incorporating the amendment
  250  made by this act to section 741.31, Florida Statutes, in a
  251  reference thereto, subsection (7) of section 901.15, Florida
  252  Statutes, is reenacted to read:
  253         901.15 When arrest by officer without warrant is lawful.—A
  254  law enforcement officer may arrest a person without a warrant
  255  when:
  256         (7) There is probable cause to believe that the person has
  257  committed an act of domestic violence, as defined in s. 741.28,
  258  or dating violence, as provided in s. 784.046. The decision to
  259  arrest shall not require consent of the victim or consideration
  260  of the relationship of the parties. It is the public policy of
  261  this state to strongly discourage arrest and charges of both
  262  parties for domestic violence or dating violence on each other
  263  and to encourage training of law enforcement and prosecutors in
  264  these areas. A law enforcement officer who acts in good faith
  265  and exercises due care in making an arrest under this
  266  subsection, under s. 741.31(4) or s. 784.047, or pursuant to a
  267  foreign order of protection accorded full faith and credit
  268  pursuant to s. 741.315, is immune from civil liability that
  269  otherwise might result by reason of his or her action.
  270         Section 8. This act shall take effect July 1, 2010.