Bill Text: FL H0563 | 2011 | Regular Session | Comm Sub

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Bill Title: Injunctions for Protection Against Violence

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1163 [H0563 Detail]

Download: Florida-2011-H0563-Comm_Sub.html

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CS/CS/HB 563

1	A bill to be entitled
2	An act relating to injunctions for protection against
3	domestic violence, repeat violence, sexual violence, or
4	dating violence; amending ss. 741.30 and 784.046, F.S.;
5	subject to available funding, directing the Florida
6	Association of Court Clerks and Comptrollers to develop an
7	automated process by which a petitioner for an injunction
8	for protection may request notification of service of the
9	injunction or notice of other court actions related to the
10	injunction; requiring that notice be given to the
11	petitioner within a specified time; providing for the
12	content of the notice; authorizing the association to
13	apply for grants to fund the development of the automated
14	process; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (c) of subsection (8) of section
19	741.30, Florida Statutes, is amended to read:
20	741.30  Domestic violence; injunction; powers and duties of
21	court and clerk; petition; notice and hearing; temporary
22	injunction; issuance of injunction; statewide verification
23	system; enforcement.-
24	(8)
25	(c)1.  Within 24 hours after the court issues an injunction
26	for protection against domestic violence or changes, continues,
27	extends, or vacates an injunction for protection against
28	domestic violence, the clerk of the court must forward a
29	certified copy of the injunction for service to the sheriff with
30	jurisdiction over the residence of the petitioner. The
31	injunction must be served in accordance with this subsection.
32	2.  Within 24 hours after service of process of an
33	injunction for protection against domestic violence upon a
34	respondent, the law enforcement officer must forward the written
35	proof of service of process to the sheriff with jurisdiction
36	over the residence of the petitioner.
37	3.  Within 24 hours after the sheriff receives a certified
38	copy of the injunction for protection against domestic violence,
39	the sheriff must make information relating to the injunction
40	available to other law enforcement agencies by electronically
41	transmitting such information to the department.
42	4.  Within 24 hours after the sheriff or other law
43	enforcement officer has made service upon the respondent and the
44	sheriff has been so notified, the sheriff must make information
45	relating to the service available to other law enforcement
46	agencies by electronically transmitting such information to the
47	department.
48	5.  Subject to available funding, the Florida Association
49	of Court Clerks and Comptrollers shall develop an automated
50	process by which a petitioner may request notification of
51	service of the injunction for protection against domestic
52	violence and other court actions related to the injunction for
53	protection. The automated notice shall be made within 12 hours
54	after the sheriff or other law enforcement officer serves the
55	injunction upon the respondent. The notification must include,
56	at a minimum, the date, time, and location where the injunction
57	for protection against domestic violence was served. The Florida
58	Association of Court Clerks and Comptrollers may apply for any
59	available grants to fund the development of the automated
60	process.
61	6.5.  Within 24 hours after an injunction for protection
62	against domestic violence is vacated, terminated, or otherwise
63	rendered no longer effective by ruling of the court, the clerk
64	of the court must notify the sheriff receiving original
65	notification of the injunction as provided in subparagraph 2.
66	That agency shall, within 24 hours after receiving such
67	notification from the clerk of the court, notify the department
68	of such action of the court.
69	Section 2.  Paragraph (c) of subsection (8) of section
70	784.046, Florida Statutes, is amended to read:
71	784.046  Action by victim of repeat violence, sexual
72	violence, or dating violence for protective injunction; dating
73	violence investigations, notice to victims, and reporting;
74	pretrial release violations.-
75	(8)
76	(c)1.  Within 24 hours after the court issues an injunction
77	for protection against repeat violence, sexual violence, or
78	dating violence or changes or vacates an injunction for
79	protection against repeat violence, sexual violence, or dating
80	violence, the clerk of the court must forward a copy of the
81	injunction to the sheriff with jurisdiction over the residence
82	of the petitioner.
83	2.  Within 24 hours after service of process of an
84	injunction for protection against repeat violence, sexual
85	violence, or dating violence upon a respondent, the law
86	enforcement officer must forward the written proof of service of
87	process to the sheriff with jurisdiction over the residence of
88	the petitioner.
89	3.  Within 24 hours after the sheriff receives a certified
90	copy of the injunction for protection against repeat violence,
91	sexual violence, or dating violence, the sheriff must make
92	information relating to the injunction available to other law
93	enforcement agencies by electronically transmitting such
94	information to the department.
95	4.  Within 24 hours after the sheriff or other law
96	enforcement officer has made service upon the respondent and the
97	sheriff has been so notified, the sheriff must make information
98	relating to the service available to other law enforcement
99	agencies by electronically transmitting such information to the
100	department.
101	5.  Subject to available funding, the Florida Association
102	of Court Clerks and Comptrollers shall develop an automated
103	process by which a petitioner may request notification of
104	service of the injunction for protection against repeat
105	violence, sexual violence, or dating violence and other court
106	actions related to the injunction for protection. The automated
107	notice shall be made within 12 hours after the sheriff or other
108	law enforcement officer serves the injunction upon the
109	respondent. The notification must include, at a minimum, the
110	date, time, and location where the injunction for protection
111	against repeat violence, sexual violence, or dating violence was
112	served. The Florida Association of Court Clerks and Comptrollers
113	may apply for any available grants to fund the development of
114	the automated process.
115	6.5.  Within 24 hours after an injunction for protection
116	against repeat violence, sexual violence, or dating violence is
117	lifted, terminated, or otherwise rendered no longer effective by
118	ruling of the court, the clerk of the court must notify the
119	sheriff or local law enforcement agency receiving original
120	notification of the injunction as provided in subparagraph 2.
121	That agency shall, within 24 hours after receiving such
122	notification from the clerk of the court, notify the department
123	of such action of the court.
124	Section 3.  This act shall take effect July 1, 2011.

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