November 11, 2019
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       Florida Senate - 2010                                     SB 796
       
       
       
       By Senator Hill
       
       
       
       
       1-00670-10                                             2010796__
    1                        A bill to be entitled                      
    2         An act relating to injunctions for protection against
    3         domestic violence, repeat violence, sexual violence,
    4         or dating violence; amending ss. 741.30 and 784.046,
    5         F.S.; requiring the sheriff or other law enforcement
    6         officer who serves such an injunction upon a
    7         respondent to notify the petitioner within a specified
    8         period that the respondent has been served if the
    9         petitioner has requested notification and has
   10         registered a telephone number or e-mail address with
   11         the sheriff; providing for the content of the notice;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (c) of subsection (8) of section
   17  741.30, Florida Statutes, is amended to read:
   18         741.30 Domestic violence; injunction; powers and duties of
   19  court and clerk; petition; notice and hearing; temporary
   20  injunction; issuance of injunction; statewide verification
   21  system; enforcement.—
   22         (8)
   23         (c)1. Within 24 hours after the court issues an injunction
   24  for protection against domestic violence or changes, continues,
   25  extends, or vacates an injunction for protection against
   26  domestic violence, the clerk of the court must forward a
   27  certified copy of the injunction for service to the sheriff with
   28  jurisdiction over the residence of the petitioner. The
   29  injunction must be served in accordance with this subsection.
   30         2. Within 24 hours after service of process of an
   31  injunction for protection against domestic violence upon a
   32  respondent, the law enforcement officer must forward the written
   33  proof of service of process to the sheriff with jurisdiction
   34  over the residence of the petitioner.
   35         3. Within 24 hours after the sheriff receives a certified
   36  copy of the injunction for protection against domestic violence,
   37  the sheriff must make information relating to the injunction
   38  available to other law enforcement agencies by electronically
   39  transmitting such information to the department.
   40         4. Within 24 hours after the sheriff or other law
   41  enforcement officer has made service upon the respondent and the
   42  sheriff has been so notified, the sheriff must make information
   43  relating to the service available to other law enforcement
   44  agencies by electronically transmitting such information to the
   45  department.
   46         5.If the petitioner has requested notification and has
   47  registered a telephone number or e-mail address with the
   48  sheriff, within 12 hours after the sheriff or other law
   49  enforcement officer has made service upon the respondent and the
   50  sheriff has been so notified, the sheriff shall notify the
   51  petitioner that the respondent has been served with the
   52  injunction for protection against domestic violence. The
   53  notification must include the date, time, and location where the
   54  injunction for protection against domestic violence was served.
   55         6.5. Within 24 hours after an injunction for protection
   56  against domestic violence is vacated, terminated, or otherwise
   57  rendered no longer effective by ruling of the court, the clerk
   58  of the court must notify the sheriff receiving original
   59  notification of the injunction as provided in subparagraph 2.
   60  That agency shall, within 24 hours after receiving such
   61  notification from the clerk of the court, notify the department
   62  of such action of the court.
   63         Section 2. Paragraph (c) of subsection (8) of section
   64  784.046, Florida Statutes, is amended to read:
   65         784.046 Action by victim of repeat violence, sexual
   66  violence, or dating violence for protective injunction; dating
   67  violence investigations, notice to victims, and reporting;
   68  pretrial release violations.—
   69         (8)
   70         (c)1. Within 24 hours after the court issues an injunction
   71  for protection against repeat violence, sexual violence, or
   72  dating violence or changes or vacates an injunction for
   73  protection against repeat violence, sexual violence, or dating
   74  violence, the clerk of the court must forward a copy of the
   75  injunction to the sheriff with jurisdiction over the residence
   76  of the petitioner.
   77         2. Within 24 hours after service of process of an
   78  injunction for protection against repeat violence, sexual
   79  violence, or dating violence upon a respondent, the law
   80  enforcement officer must forward the written proof of service of
   81  process to the sheriff with jurisdiction over the residence of
   82  the petitioner.
   83         3. Within 24 hours after the sheriff receives a certified
   84  copy of the injunction for protection against repeat violence,
   85  sexual violence, or dating violence, the sheriff must make
   86  information relating to the injunction available to other law
   87  enforcement agencies by electronically transmitting such
   88  information to the department.
   89         4. Within 24 hours after the sheriff or other law
   90  enforcement officer has made service upon the respondent and the
   91  sheriff has been so notified, the sheriff must make information
   92  relating to the service available to other law enforcement
   93  agencies by electronically transmitting such information to the
   94  department.
   95         5.If the petitioner has requested notification and has
   96  registered a telephone number or e-mail address with the
   97  sheriff, within 12 hours after the sheriff or other law
   98  enforcement officer has made service upon the respondent and the
   99  sheriff has been so notified, the sheriff shall notify the
  100  petitioner that the respondent has been served with the
  101  injunction for protection against repeat violence, sexual
  102  violence, or dating violence. The notification must include the
  103  date, time, and location where the injunction for protection
  104  against repeat violence, sexual violence, or dating violence was
  105  served.
  106         6.5. Within 24 hours after an injunction for protection
  107  against repeat violence, sexual violence, or dating violence is
  108  lifted, terminated, or otherwise rendered no longer effective by
  109  ruling of the court, the clerk of the court must notify the
  110  sheriff or local law enforcement agency receiving original
  111  notification of the injunction as provided in subparagraph 2.
  112  That agency shall, within 24 hours after receiving such
  113  notification from the clerk of the court, notify the department
  114  of such action of the court.
  115         Section 3. This act shall take effect July 1, 2010.

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