Bill Text: FL S0438 | 2011 | Regular Session | Comm Sub

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Bill Title: Injunctions for Protection Against Violence

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-29 - Read 2nd time -SJ 591 [S0438 Detail]

Download: Florida-2011-S0438-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 438
       
       
       
       By the Committee on Criminal Justice; and Senator Hill
       
       
       
       
       591-02452-11                                           2011438c1
    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 and Comptrollers
    7         to develop an automated process by which a petitioner
    8         for an injunction for protection may request
    9         notification of service of the injunction or notice of
   10         other court actions related to the injunction;
   11         requiring that notice be given to the petitioner
   12         within a specified time; providing for the content of
   13         the notice; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (c) of subsection (8) of section
   18  741.30, Florida Statutes, is amended to read:
   19         741.30 Domestic violence; injunction; powers and duties of
   20  court and clerk; petition; notice and hearing; temporary
   21  injunction; issuance of injunction; statewide verification
   22  system; enforcement.—
   23         (8)
   24         (c)1. Within 24 hours after the court issues an injunction
   25  for protection against domestic violence or changes, continues,
   26  extends, or vacates an injunction for protection against
   27  domestic violence, the clerk of the court must forward a
   28  certified copy of the injunction for service to the sheriff with
   29  jurisdiction over the residence of the petitioner. The
   30  injunction must be served in accordance with this subsection.
   31         2. Within 24 hours after service of process of an
   32  injunction for protection against domestic violence upon a
   33  respondent, the law enforcement officer must forward the written
   34  proof of service of process to the sheriff with jurisdiction
   35  over the residence of the petitioner.
   36         3. Within 24 hours after the sheriff receives a certified
   37  copy of the injunction for protection against domestic violence,
   38  the sheriff must make information relating to the injunction
   39  available to other law enforcement agencies by electronically
   40  transmitting such information to the department.
   41         4. Within 24 hours after the sheriff or other law
   42  enforcement officer has made service upon the respondent and the
   43  sheriff has been so notified, the sheriff must make information
   44  relating to the service available to other law enforcement
   45  agencies by electronically transmitting such information to the
   46  department.
   47         5. Subject to available funding, the Florida Association of
   48  Court Clerks and Comptrollers shall develop an automated process
   49  by which a petitioner may request notification of service of the
   50  injunction for protection against domestic violence and other
   51  court actions related to the injunction for protection. The
   52  automated notice shall be made within 12 hours after the sheriff
   53  or other law enforcement officer serves the injunction upon the
   54  respondent. The notification must include, at a minimum, the
   55  date, time, and location where the injunction for protection
   56  against domestic violence was served. The Florida Association of
   57  Court Clerks and Comptrollers shall apply for any available
   58  grants to fund the development of the automated process.
   59         6.5. Within 24 hours after an injunction for protection
   60  against domestic violence is vacated, terminated, or otherwise
   61  rendered no longer effective by ruling of the court, the clerk
   62  of the court must notify the sheriff receiving original
   63  notification of the injunction as provided in subparagraph 2.
   64  That agency shall, within 24 hours after receiving such
   65  notification from the clerk of the court, notify the department
   66  of such action of the court.
   67         Section 2. Paragraph (c) of subsection (8) of section
   68  784.046, Florida Statutes, is amended to read:
   69         784.046 Action by victim of repeat violence, sexual
   70  violence, or dating violence for protective injunction; dating
   71  violence investigations, notice to victims, and reporting;
   72  pretrial release violations.—
   73         (8)
   74         (c)1. Within 24 hours after the court issues an injunction
   75  for protection against repeat violence, sexual violence, or
   76  dating violence or changes or vacates an injunction for
   77  protection against repeat violence, sexual violence, or dating
   78  violence, the clerk of the court must forward a copy of the
   79  injunction to the sheriff with jurisdiction over the residence
   80  of the petitioner.
   81         2. Within 24 hours after service of process of an
   82  injunction for protection against repeat violence, sexual
   83  violence, or dating violence upon a respondent, the law
   84  enforcement officer must forward the written proof of service of
   85  process to the sheriff with jurisdiction over the residence of
   86  the petitioner.
   87         3. Within 24 hours after the sheriff receives a certified
   88  copy of the injunction for protection against repeat violence,
   89  sexual violence, or dating violence, the sheriff must make
   90  information relating to the injunction available to other law
   91  enforcement agencies by electronically transmitting such
   92  information to the department.
   93         4. Within 24 hours after the sheriff or other law
   94  enforcement officer has made service upon the respondent and the
   95  sheriff has been so notified, the sheriff must make information
   96  relating to the service available to other law enforcement
   97  agencies by electronically transmitting such information to the
   98  department.
   99         5. Subject to available funding, the Florida Association of
  100  Court Clerks and Comptrollers shall develop an automated process
  101  by which a petitioner may request notification of service of the
  102  injunction for protection against repeat violence, sexual
  103  violence, or dating violence and other court actions related to
  104  the injunction for protection. The automated notice shall be
  105  made within 12 hours after the sheriff or other law enforcement
  106  officer serves the injunction upon the respondent. The
  107  notification must include, at a minimum, the date, time, and
  108  location where the injunction for protection against repeat
  109  violence, sexual violence, or dating violence was served. The
  110  Florida Association of Court Clerks and Comptrollers shall apply
  111  for any available grants to fund the development of the
  112  automated process.
  113         6.5. Within 24 hours after an injunction for protection
  114  against repeat violence, sexual violence, or dating violence is
  115  lifted, terminated, or otherwise rendered no longer effective by
  116  ruling of the court, the clerk of the court must notify the
  117  sheriff or local law enforcement agency receiving original
  118  notification of the injunction as provided in subparagraph 2.
  119  That agency shall, within 24 hours after receiving such
  120  notification from the clerk of the court, notify the department
  121  of such action of the court.
  122         Section 3. This act shall take effect July 1, 2011.