December 05, 2020
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Senate Bill 1568

Senate Bill sb1568

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1568

    By Senator Crist





    12-1129-04

  1                      A bill to be entitled

  2         An act relating to domestic violence; amending

  3         s. 784.046, F.S.; providing that a petitioner

  4         for an injunction for protection against sexual

  5         violence may list the address of his or her

  6         current residence in a separate confidential

  7         filing; amending s. 784.047, F.S.; providing

  8         that an act of sexual violence committed in

  9         violation of an injunction for protection

10         against sexual violence is a first-degree

11         misdemeanor; providing an effective date.

12  

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

14  

15         Section 1.  Paragraph (b) of subsection (4) of section

16  184.046, Florida Statutes, is amended to read:

17         784.046  Action by victim of repeat violence, sexual

18  violence, or dating violence for protective injunction; powers

19  and duties of court and clerk of court; filing and form of

20  petition; notice and hearing; temporary injunction; issuance;

21  statewide verification system; enforcement.--

22         (4)

23         (b)  The sworn petition must be in substantially the

24  following form:

25  

26      PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT

27          VIOLENCE, SEXUAL VIOLENCE, OR DATING VIOLENCE

28  

29         Before me, the undersigned authority, personally

30  appeared Petitioner ...(Name)..., who has been sworn and says

31  that the following statements are true:

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1568
    12-1129-04




 1  

 2         1.  Petitioner resides at ...(address)...

 3  

 4  (A petitioner for an injunction for protection against sexual

 5  violence may furnish an address to the court in a separate

 6  confidential filing if, for safety reasons, the petitioner

 7  requires the location of his or her current residence to be

 8  confidential.)

 9  

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

11         3.a.  Petitioner has suffered repeat violence as

12  demonstrated by the fact that the respondent has:

13         ...(enumerate incidents of violence)...

14  

15                 ................................

16                 ................................

17                 ................................

18  

19         b.  Petitioner has suffered sexual violence as

20  demonstrated by the fact that the respondent has: (enumerate

21  incident of violence and include attach incident report number

22  from a by law enforcement agency or notice of inmate release.)

23  

24                 ................................

25                 ................................

26                 ................................

27  

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

29  reasonable cause to believe that he or she is in imminent

30  danger of becoming the victim of another act of dating

31  violence or has reasonable cause to believe that he or she is

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1568
    12-1129-04




 1  in imminent danger of becoming a victim of dating violence, as

 2  demonstrated by the fact that the respondent has: ...(list the

 3  specific incident or incidents of violence and describe the

 4  length of time of the relationship, whether it has been in

 5  existence during the last 6 months, the nature of the

 6  relationship of a romantic or intimate nature, the frequency

 7  and type of interaction, and any other facts that characterize

 8  the relationship.)...

 9  

10                 ................................

11                 ................................

12                 ................................

13  

14         4.  Petitioner genuinely fears repeat violence by the

15  respondent.

16         5.  Petitioner seeks: an immediate injunction against

17  the respondent, enjoining him or her from committing any

18  further acts of violence; an injunction enjoining the

19  respondent from committing any further acts of violence; and

20  an injunction providing any terms the court deems necessary

21  for the protection of the petitioner and the petitioner's

22  immediate family, including any injunctions or directives to

23  law enforcement agencies.

24         Section 2.  Section 784.047, Florida Statutes, is

25  amended to read:

26         784.047  Penalties for violating protective injunction

27  against violators.--A person who willfully violates an

28  injunction for protection against repeat violence, sexual

29  violence, or dating violence, issued pursuant to s. 784.046,

30  or a foreign protection order accorded full faith and credit

31  pursuant to s. 741.315 by:

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1568
    12-1129-04




 1         (1)  Refusing to vacate the dwelling that the parties

 2  share;

 3         (2)  Going to the petitioner's residence, school, place

 4  of employment, or a specified place frequented regularly by

 5  the petitioner and any named family or household member;

 6         (3)  Committing an act of repeat violence, sexual

 7  violence, or dating violence against the petitioner;

 8         (4)  Committing any other violation of the injunction

 9  through an intentional unlawful threat, word, or act to do

10  violence to the petitioner; or

11         (5)  Telephoning, contacting, or otherwise

12  communicating with the petitioner directly or indirectly,

13  unless the injunction specifically allows indirect contact

14  through a third party;

15  

16  commits a misdemeanor of the first degree, punishable as

17  provided in s. 775.082 or s. 775.083.

18         Section 3.  This act shall take effect July 1, 2004.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Allows a petitioner for an injunction for protection
      against sexual violence to list the address of his or her
23    current residence in a separate confidential filing.
      Provides that committing an act of sexual violence in
24    violation of an injunction for protection is a
      misdemeanor of the first degree.
25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.

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