Bill Text: FL S0206 | 2011 | Regular Session | Introduced


Bill Title: Domestic Violence Against Family Pets

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0206 Detail]

Download: Florida-2011-S0206-Introduced.html
       Florida Senate - 2011                                     SB 206
       
       
       
       By Senator Fasano
       
       
       
       
       11-00202-11                                            2011206__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence against family
    3         pets; amending s. 741.28, F.S.; redefining the term
    4         “domestic violence” to include inflicting, or
    5         attempting to inflict, physical injury against an
    6         animal owned, possessed, leased, kept, or held by one
    7         family or household member by another family or
    8         household member, or placing a family or household
    9         member in fear of physical harm to an animal owned,
   10         possessed, leased, kept, or held by that family or
   11         household member; amending s. 741.30, F.S.; providing
   12         that a court may issue an injunction for protection
   13         against domestic violence granting the petitioner the
   14         exclusive care, custody, or control of any animal
   15         owned, possessed, leased, kept, or held by the
   16         petitioner, the respondent, or a minor child residing
   17         in the residence or household of the petitioner or
   18         respondent; amending s. 741.31, F.S.; providing that
   19         it is a first-degree misdemeanor for a person to
   20         willfully violate an injunction for protection against
   21         domestic violence by knowingly and intentionally
   22         injuring or threatening to injure any animal owned,
   23         possessed, leased, kept, or held by the petitioner,
   24         the respondent, or a minor child of the petitioner or
   25         respondent; providing criminal penalties; reenacting
   26         s. 901.15(7), F.S., relating to an arrest without
   27         warrant by a law enforcement officer, to incorporate
   28         the amendment made to s. 741.31, F.S., in a reference
   29         thereto; providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (2) of section 741.28, Florida
   34  Statutes, is amended to read:
   35         741.28 Domestic violence; definitions.—As used in ss.
   36  741.28-741.31:
   37         (2) “Domestic violence” means any assault, aggravated
   38  assault, battery, aggravated battery, sexual assault, sexual
   39  battery, stalking, aggravated stalking, kidnapping, false
   40  imprisonment, or any criminal offense resulting in physical
   41  injury or death of one family or household member by another
   42  family or household member. The term also includes inflicting,
   43  or attempting to inflict, physical injury against an animal
   44  owned, possessed, leased, kept, or held by one family or
   45  household member by another family or household member, or
   46  placing a family or household member in fear of physical harm to
   47  an animal owned, possessed, leased, kept, or held by that family
   48  or household member.
   49         Section 2. Paragraph (a) of subsection (6) of section
   50  741.30, Florida Statutes, is amended to read:
   51         741.30 Domestic violence; injunction; powers and duties of
   52  court and clerk; petition; notice and hearing; temporary
   53  injunction; issuance of injunction; statewide verification
   54  system; enforcement.—
   55         (6)(a) Upon notice and hearing, when it appears to the
   56  court that the petitioner is either the victim of domestic
   57  violence as defined by s. 741.28 or has reasonable cause to
   58  believe he or she is in imminent danger of becoming a victim of
   59  domestic violence, the court may grant such relief as the court
   60  deems proper, including an injunction:
   61         1. Restraining the respondent from committing any acts of
   62  domestic violence.
   63         2. Awarding to the petitioner the exclusive use and
   64  possession of the dwelling that the parties share or excluding
   65  the respondent from the residence of the petitioner.
   66         3. On the same basis as provided in chapter 61, providing
   67  the petitioner with 100 percent of the time-sharing in a
   68  temporary parenting plan that shall remain in effect until the
   69  order expires or an order is entered by a court of competent
   70  jurisdiction in a pending or subsequent civil action or
   71  proceeding affecting the placement of, access to, parental time
   72  with, adoption of, or parental rights and responsibilities for
   73  the minor child.
   74         4. On the same basis as provided in chapter 61,
   75  establishing temporary support for a minor child or children or
   76  the petitioner. An order of temporary support remains in effect
   77  until the order expires or an order is entered by a court of
   78  competent jurisdiction in a pending or subsequent civil action
   79  or proceeding affecting child support.
   80         5. Ordering the respondent to participate in treatment,
   81  intervention, or counseling services to be paid for by the
   82  respondent. When the court orders the respondent to participate
   83  in a batterers’ intervention program, the court, or any entity
   84  designated by the court, must provide the respondent with a list
   85  of all certified batterers’ intervention programs and all
   86  programs which have submitted an application to the Department
   87  of Children and Family Services to become certified under s.
   88  741.32, from which the respondent must choose a program in which
   89  to participate. If there are no certified batterers’
   90  intervention programs in the circuit, the court shall provide a
   91  list of acceptable programs from which the respondent must
   92  choose a program in which to participate.
   93         6. Referring a petitioner to a certified domestic violence
   94  center. The court must provide the petitioner with a list of
   95  certified domestic violence centers in the circuit which the
   96  petitioner may contact.
   97         7.Granting to the petitioner the exclusive care, custody,
   98  or control of any animal owned, possessed, leased, kept, or held
   99  by the petitioner, the respondent, or a minor child residing in
  100  the residence or household of the petitioner or the respondent;
  101  ordering the respondent to stay away from the animal; or
  102  forbidding the respondent from taking, transferring,
  103  encumbering, concealing, harming, or otherwise disposing of the
  104  animal.
  105         8.7. Ordering such other relief as the court deems
  106  necessary for the protection of a victim of domestic violence,
  107  including injunctions or directives to law enforcement agencies,
  108  as provided in this section.
  109         Section 3. Paragraph (a) of subsection (4) of section
  110  741.31, Florida Statutes, is amended to read:
  111         741.31 Violation of an injunction for protection against
  112  domestic violence.—
  113         (4)(a) A person who willfully violates an injunction for
  114  protection against domestic violence issued pursuant to s.
  115  741.30, or a foreign protection order accorded full faith and
  116  credit pursuant to s. 741.315, by:
  117         1. Refusing to vacate the dwelling that the parties share;
  118         2. Going to, or being within 500 feet of, the petitioner’s
  119  residence, school, place of employment, or a specified place
  120  frequented regularly by the petitioner and any named family or
  121  household member;
  122         3. Committing an act of domestic violence against the
  123  petitioner;
  124         4. Committing any other violation of the injunction through
  125  an intentional unlawful threat, word, or act to do violence to
  126  the petitioner;
  127         5. Telephoning, contacting, or otherwise communicating with
  128  the petitioner directly or indirectly, unless the injunction
  129  specifically allows indirect contact through a third party;
  130         6. Knowingly and intentionally coming within 100 feet of
  131  the petitioner’s motor vehicle, whether or not that vehicle is
  132  occupied;
  133         7. Defacing or destroying the petitioner’s personal
  134  property, including the petitioner’s motor vehicle; or
  135         8. Refusing to surrender firearms or ammunition if ordered
  136  to do so by the court; or
  137         9.Knowingly and intentionally injuring or threatening to
  138  injure any animal owned, possessed, leased, kept, or held by the
  139  petitioner, the respondent, or a minor child of the petitioner
  140  or respondent,
  141  
  142  commits a misdemeanor of the first degree, punishable as
  143  provided in s. 775.082 or s. 775.083.
  144         Section 4. For the purpose of incorporating the amendment
  145  made by this act to section 741.31, Florida Statutes, in a
  146  reference thereto, subsection (7) of section 901.15, Florida
  147  Statutes, is reenacted to read:
  148         901.15 When arrest by officer without warrant is lawful.—A
  149  law enforcement officer may arrest a person without a warrant
  150  when:
  151         (7) There is probable cause to believe that the person has
  152  committed an act of domestic violence, as defined in s. 741.28,
  153  or dating violence, as provided in s. 784.046. The decision to
  154  arrest shall not require consent of the victim or consideration
  155  of the relationship of the parties. It is the public policy of
  156  this state to strongly discourage arrest and charges of both
  157  parties for domestic violence or dating violence on each other
  158  and to encourage training of law enforcement and prosecutors in
  159  these areas. A law enforcement officer who acts in good faith
  160  and exercises due care in making an arrest under this
  161  subsection, under s. 741.31(4) or s. 784.047, or pursuant to a
  162  foreign order of protection accorded full faith and credit
  163  pursuant to s. 741.315, is immune from civil liability that
  164  otherwise might result by reason of his or her action.
  165         Section 5. This act shall take effect July 1, 2011.

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