November 18, 2019
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       Florida Senate - 2010                              CS for SB 796
       
       
       
       By the Committee on Criminal Justice; and Senator Hill
       
       
       
       
       591-03783-10                                           2010796c1
    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.; subject to available funding, directing the
    6         Florida Association of Court Clerks to develop an
    7         automated process by which a petitioner may request
    8         notification of service of the injunction for
    9         protection; requiring that notice to the petitioner be
   10         given to the petitioner within a specified time;
   11         providing for the content of the notice; providing an
   12         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.Subject to available funding, the Florida Association of
   47  Court Clerks shall develop an automated process by which a
   48  petitioner may request notification of service of the injunction
   49  for protection against domestic violence and other court actions
   50  related to the injunction against domestic violence. The
   51  automated notice shall be made within 12 hours after the sheriff
   52  or other law enforcement officer has made service upon the
   53  respondent. The notification must include, at a minimum, the
   54  date, time, and location where the injunction for protection
   55  against domestic violence was served.
   56         6.5. Within 24 hours after an injunction for protection
   57  against domestic violence is vacated, terminated, or otherwise
   58  rendered no longer effective by ruling of the court, the clerk
   59  of the court must notify the sheriff receiving original
   60  notification of the injunction as provided in subparagraph 2.
   61  That agency shall, within 24 hours after receiving such
   62  notification from the clerk of the court, notify the department
   63  of such action of the court.
   64         Section 2. Paragraph (c) of subsection (8) of section
   65  784.046, Florida Statutes, is amended to read:
   66         784.046 Action by victim of repeat violence, sexual
   67  violence, or dating violence for protective injunction; dating
   68  violence investigations, notice to victims, and reporting;
   69  pretrial release violations.—
   70         (8)
   71         (c)1. Within 24 hours after the court issues an injunction
   72  for protection against repeat violence, sexual violence, or
   73  dating violence or changes or vacates an injunction for
   74  protection against repeat violence, sexual violence, or dating
   75  violence, the clerk of the court must forward a copy of the
   76  injunction to the sheriff with jurisdiction over the residence
   77  of the petitioner.
   78         2. Within 24 hours after service of process of an
   79  injunction for protection against repeat violence, sexual
   80  violence, or dating violence upon a respondent, the law
   81  enforcement officer must forward the written proof of service of
   82  process to the sheriff with jurisdiction over the residence of
   83  the petitioner.
   84         3. Within 24 hours after the sheriff receives a certified
   85  copy of the injunction for protection against repeat violence,
   86  sexual violence, or dating violence, the sheriff must make
   87  information relating to the injunction available to other law
   88  enforcement agencies by electronically transmitting such
   89  information to the department.
   90         4. Within 24 hours after the sheriff or other law
   91  enforcement officer has made service upon the respondent and the
   92  sheriff has been so notified, the sheriff must make information
   93  relating to the service available to other law enforcement
   94  agencies by electronically transmitting such information to the
   95  department.
   96         5.Subject to available funding, the Florida Association of
   97  Court Clerks shall develop an automated process by which a
   98  petitioner may request notification of service of the injunction
   99  for protection against repeat violence, sexual violence, or
  100  dating violence and other court actions related to the
  101  injunction against repeat violence, sexual violence, or dating
  102  violence. The automated notice shall be made within 12 hours
  103  after the sheriff or other law enforcement officer has made
  104  service upon the respondent. The notification must include, at a
  105  minimum, the date, time, and location where the injunction for
  106  protection against repeat violence, sexual violence, or dating
  107  violence was served.
  108         6.5. Within 24 hours after an injunction for protection
  109  against repeat violence, sexual violence, or dating violence is
  110  lifted, terminated, or otherwise rendered no longer effective by
  111  ruling of the court, the clerk of the court must notify the
  112  sheriff or local law enforcement agency receiving original
  113  notification of the injunction as provided in subparagraph 2.
  114  That agency shall, within 24 hours after receiving such
  115  notification from the clerk of the court, notify the department
  116  of such action of the court.
  117         Section 3. This act shall take effect July 1, 2010.

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