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Senate Bill 1568

Senate Bill sb1568c1

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

    By the Committee on Criminal Justice; and Senator Crist





    307-2233-04

  1                      A bill to be entitled

  2         An act relating to protective injunctions from

  3         repeat, sexual, and dating violence; amending

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

  5         for an injunction for protection against sexual

  6         violence may list the address of his or her

  7         current residence in a separate confidential

  8         filing in certain circumstances; revising

  9         requirements relating to documents filed in

10         support of such petition; deleting a provision

11         providing for service of the petition, notice

12         of hearing, and any temporary injunction in

13         circumstances where the respondent is in the

14         custody of the Department of Corrections;

15         deleting a provision authorizing service by a

16         correctional officer and specifying the

17         circumstances of such service; revising a

18         cross-reference to conform; amending ss.

19         784.047 and 784.08, F.S; clarifying

20         cross-references to conform; amending s.

21         901.15, F.S.; deleting a provision authorizing

22         an officer to make an arrest without a warrant

23         in certain circumstances; amending s. 20.165,

24         F.S.; revising a cross-reference to conform;

25         providing an effective date.

26  

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

28  

29         Section 1.  Paragraph (b) of subsection (4), paragraph

30  (a) of subsection (8), and paragraph (b) of subsection (9) of

31  section 784.046, Florida Statutes, are amended to read:

                                  1

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    Florida Senate - 2004                           CS for SB 1568
    307-2233-04




 1         784.046  Action by victim of repeat violence, sexual

 2  violence, or dating violence for protective injunction; powers

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

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

 5  statewide verification system; enforcement.--

 6         (4)

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

 8  following form:

 9  

10              PETITION FOR INJUNCTION FOR PROTECTION

11                 AGAINST REPEAT VIOLENCE, SEXUAL

12                   VIOLENCE, OR DATING VIOLENCE

13  

14         Before me, the undersigned authority, personally

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

16  says that the following statements are true:

17  

18         1.  Petitioner resides at ...  (address)  ...  (A

19  petitioner for an injunction for protection against sexual

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

21  confidential filing if, for safety reasons, the petitioner

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

23  confidential pursuant to s. 119.07(3)(s), Florida

24  Statutes.)  ...

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

26         3.a.  Petitioner has suffered repeat violence as

27  demonstrated by the fact that the respondent has:

28         ...  (enumerate incidents of violence)  ...

29  

30             ________________________________________

31             ________________________________________

                                  2

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    Florida Senate - 2004                           CS for SB 1568
    307-2233-04




 1             ________________________________________

 2  

 3         b.  Petitioner has suffered sexual violence as

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

 5  incident of violence and include attach incident report number

 6  from by law enforcement agency or attach notice of inmate

 7  release.)

 8  

 9             ________________________________________

10             ________________________________________

11             ________________________________________

12  

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

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

15  danger of becoming the victim of another act of dating

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

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

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

19  the specific incident or incidents of violence and describe

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

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

22  relationship of a romantic or intimate nature, the frequency

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

24  the relationship.)  ...

25  

26             ________________________________________

27             ________________________________________

28             ________________________________________

29  

30         4.  Petitioner genuinely fears repeat violence by the

31  respondent.

                                  3

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    Florida Senate - 2004                           CS for SB 1568
    307-2233-04




 1         5.  Petitioner seeks: an immediate injunction against

 2  the respondent, enjoining him or her from committing any

 3  further acts of violence; an injunction enjoining the

 4  respondent from committing any further acts of violence; and

 5  an injunction providing any terms the court deems necessary

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

 7  immediate family, including any injunctions or directives to

 8  law enforcement agencies.

 9         (8)(a)1.  The clerk of the court shall furnish a copy

10  of the petition, notice of hearing, and temporary injunction,

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

12  county where the respondent resides or can be found, who shall

13  serve it upon the respondent as soon thereafter as possible on

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

15  clerk of the court shall be responsible for furnishing to the

16  sheriff such information on the respondent's physical

17  description and location as is required by the department to

18  comply with the verification procedures set forth in this

19  section. Notwithstanding any other provision of law to the

20  contrary, the chief judge of each circuit, in consultation

21  with the appropriate sheriff, may authorize a law enforcement

22  agency within the chief judge's jurisdiction to effect this

23  type of service and to receive a portion of the service fee.

24  No person shall be authorized or permitted to serve or execute

25  an injunction issued under this section unless the person is a

26  law enforcement officer as defined in chapter 943.

27         2.  If the respondent is in the custody of the

28  Department of Corrections and the petition for an injunction

29  has been filed as provided in subparagraph (2)(c)2., the clerk

30  of the court shall furnish a copy of the petition, notice of

31  hearing, and temporary injunction, if any, to the Department

                                  4

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    Florida Senate - 2004                           CS for SB 1568
    307-2233-04




 1  of Corrections and copies shall be served upon the respondent

 2  as soon thereafter as possible on any day of the week and at

 3  any time of the day or night. The petition, notice of hearing,

 4  or temporary injunction may be served in a state prison by a

 5  correctional officer as defined in chapter 943. If the

 6  respondent in custody is not served before his or her release,

 7  a copy of the petition, notice of hearing, and temporary

 8  injunction, if any, shall be forwarded to the sheriff of the

 9  county specified in the respondent's release plan for service

10  as provided in subparagraph 1.

11         2.3.  When an injunction is issued, if the petitioner

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

13  may order that an officer from the appropriate law enforcement

14  agency accompany the petitioner and assist in the execution or

15  service of the injunction. A law enforcement officer shall

16  accept a copy of an injunction for protection against repeat

17  violence, sexual violence, or dating violence, certified by

18  the clerk of the court, from the petitioner and immediately

19  serve it upon a respondent who has been located but not yet

20  served.

21         (9)

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

23  officer under s. 901.15(6)(10) for committing an act of repeat

24  violence, sexual violence, or dating violence in violation of

25  an injunction for protection, the respondent shall be held in

26  custody until brought before the court as expeditiously as

27  possible for the purpose of enforcing the injunction and for

28  admittance to bail in accordance with chapter 903 and the

29  applicable rules of criminal procedure, pending a hearing.

30         Section 2.  Section 784.047, Florida Statutes, is

31  amended to read:

                                  5

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    Florida Senate - 2004                           CS for SB 1568
    307-2233-04




 1         784.047  Penalties for violating protective injunction

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

 3  injunction for protection against repeat violence, sexual

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

 5  or a foreign protection order accorded full faith and credit

 6  pursuant to s. 741.315 by:

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

 8  share;

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

10  of employment, or a specified place frequented regularly by

11  the petitioner and any named family or household member;

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

13  violence, or dating violence against the petitioner;

14         (4)  Committing any other violation of the injunction

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

16  violence to the petitioner; or

17         (5)  Telephoning, contacting, or otherwise

18  communicating with the petitioner directly or indirectly,

19  unless the injunction specifically allows indirect contact

20  through a third party;

21  

22  commits a misdemeanor of the first degree, punishable as

23  provided in s. 775.082 or s. 775.083.

24         Section 3.  Subsection (4) of section 784.048, Florida

25  Statutes, is amended to read:

26         784.048  Stalking; definitions; penalties.--

27         (4)  Any person who, after an injunction for protection

28  against repeat violence, sexual violence, or dating violence

29  pursuant to s. 784.046, or an injunction for protection

30  against domestic violence pursuant to s. 741.30, or after any

31  other court-imposed prohibition of conduct toward the subject

                                  6

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    Florida Senate - 2004                           CS for SB 1568
    307-2233-04




 1  person or that person's property, knowingly, willfully,

 2  maliciously, and repeatedly follows, harasses, or cyberstalks

 3  another person commits the offense of aggravated stalking, a

 4  felony of the third degree, punishable as provided in s.

 5  775.082, s. 775.083, or s. 775.084.

 6         Section 4.  Subsection (10) of section 901.15, Florida

 7  Statutes, is amended, and present subsections (11) through

 8  (16) are redesignated as subsections (10) through (15),

 9  respectively, to read:

10         901.15  When arrest by officer without warrant is

11  lawful.--A law enforcement officer may arrest a person without

12  a warrant when:

13         (10)  The officer has probable cause to believe that

14  the person has knowingly committed an act of repeat violence

15  in violation of an injunction for protection from repeat

16  violence entered pursuant to s. 784.046 or a foreign

17  protection order accorded full faith and credit pursuant to s.

18  741.315.

19         Section 5.  Paragraph (b) of subsection (9) of section

20  20.165, Florida Statutes, is amended to read:

21         20.165  Department of Business and Professional

22  Regulation.--There is created a Department of Business and

23  Professional Regulation.

24         (9)

25         (b)  All employees certified under chapter 943 as law

26  enforcement officers shall have felony arrest powers under s.

27  901.15(10)(11) and shall have all the powers of deputy

28  sheriffs to:

29         1.  Investigate, enforce, and prosecute, throughout the

30  state, violations and violators of:

31  

                                  7

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    Florida Senate - 2004                           CS for SB 1568
    307-2233-04




 1         a.  Parts I and II of chapter 210; part VII of chapter

 2  559; and chapters 561-569; and the rules promulgated

 3  thereunder, as well as other state laws which the division,

 4  all state law enforcement officers, or beverage enforcement

 5  agents are specifically authorized to enforce.

 6         b.  All other state laws, provided that the employee

 7  exercises the powers of a deputy sheriff, only after

 8  consultation and in coordination with the appropriate local

 9  sheriff's office, and only if the violation could result in an

10  administrative proceeding against a license or permit issued

11  by the division.

12         2.  Enforce all criminal laws of the state within

13  specified jurisdictions when the division is a party to a

14  written mutual aid agreement with a state agency, sheriff, or

15  municipal police department, or when the division participates

16  in the Florida Mutual Aid Plan during a declared state

17  emergency.

18         Section 6.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 1568
    307-2233-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1568

 3                                 

 4  1.   Amends s. 784.048(4), F.S., to include violating a sexual
         violence injunction as aggravated stalking, if the person
 5       knowingly, willfully, maliciously, and repeatedly
         follows, harasses, or cyberstalks another person. (Repeat
 6       and dating violence injunction violations are already
         covered and the current penalty for this offense is a
 7       third degree felony.)

 8  2.   Removes statutory language instructing the Department of
         Corrections to serve respondents of protective
 9       injunctions against sexual violence if they are in the
         custody of the DOC. (This change will result in the
10       sheriff serving incarcerated respondents.)

11  3.   Eliminates duplicative language in s. 901.15(10), F.S.,
         which gives a law enforcement officer warrantless arrest
12       authority when probable cause exists that a person has
         knowingly committed an act of repeat violence in
13       violation of a repeat violence injunction. (This change
         will result in warrantless arrest authority for all
14       protective injunction violations being covered in
         subsection (6) of s. 901.15, F.S.)
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