Bill Text: FL S0606 | 2021 | Regular Session | Introduced
Bill Title: Domestic Violence
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see HB 1231 (Ch. 2021-152) [S0606 Detail]
Download: Florida-2021-S0606-Introduced.html
Florida Senate - 2021 SB 606
By Senator Bean
4-00322-21 2021606__
1 A bill to be entitled
2 An act relating to domestic violence; amending s.
3 39.901, F.S.; revising legislative findings; amending
4 s. 39.905, F.S.; adding nonresidential outreach
5 services to the list of services certified domestic
6 violence centers must provide; revising requirements
7 for receipt of state funds; authorizing certified
8 domestic violence centers to carry forward unexpended
9 state funds in a specified amount from one fiscal year
10 to the next during the contract period; providing
11 limitations on and reporting requirements for the use
12 of such funds; requiring centers to return to the
13 department any remaining unexpended funds at the end
14 of the contract period; authorizing certain centers to
15 carry forward unexpended funds through contract
16 renewals; amending s. 741.32, F.S.; revising
17 legislative findings; amending s. 741.325, F.S.;
18 revising the program content requirements for
19 batterers’ intervention programs; reviving,
20 reenacting, and amending s. 741.327, F.S., relating to
21 the certification and monitoring of batterers’
22 intervention programs; requiring the Department of
23 Children and Families to certify and monitor
24 batterers’ intervention programs; requiring the
25 department to adopt certain rules; amending s. 741.30,
26 F.S.; conforming a provision to changes made by the
27 act; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 39.901, Florida Statutes, is amended to
32 read:
33 (Substantial rewording of section. See s. 39.901,
34 F.S., for present text.)
35 39.901 Domestic violence centers; legislative findings;
36 requirements.—
37 (1) The Legislature recognizes that the perpetration of
38 violence by persons against their intimate partners, spouses,
39 ex-spouses, or those with whom they share a child in common
40 poses a significant public health threat that has adverse
41 physical, emotional, and financial impacts on families and
42 communities in this state. The Legislature further finds that it
43 is critical that victims of domestic violence and their
44 dependents have access to safe emergency shelter, advocacy, and
45 crisis intervention services to assist them with the resources
46 necessary to be safe and live free of violence.
47 (2) To ensure statewide consistency in the provision of
48 confidential, comprehensive, and effective services to victims
49 of domestic violence and their families, the Department of
50 Children and Families shall certify and monitor domestic
51 violence centers. The department and certified domestic violence
52 centers shall serve as partners and together provide a
53 coordinated response to address victim safety, hold batterers
54 accountable, and prevent future violence in this state.
55 Section 2. Paragraph (c) of subsection (1) and paragraph
56 (b) of subsection (6) of section 39.905, Florida Statutes, are
57 amended, and subsection (8) is added to that section, to read:
58 39.905 Domestic violence centers.—
59 (1) Domestic violence centers certified under this part
60 must:
61 (c) Provide minimum services that include, but are not
62 limited to, information and referral services, counseling and
63 case management services, temporary emergency shelter for more
64 than 24 hours, a 24-hour hotline, nonresidential outreach
65 services, training for law enforcement personnel, assessment and
66 appropriate referral of resident children, and educational
67 services for community awareness relative to the incidence of
68 domestic violence, the prevention of such violence, and the
69 services available for persons engaged in or subject to domestic
70 violence. If a 24-hour hotline, professional training, or
71 community education is already provided by a certified domestic
72 violence center within its designated service area, the
73 department may exempt such certification requirements for a new
74 center serving the same service area in order to avoid
75 duplication of services.
76 (6) In order to receive state funds, a center must:
77 (b) Obtain public or private Receive at least 25 percent of
78 its funding from one or more local, municipal, or county
79 sources, public or private in an amount that equals at least 25
80 percent of the amount of funding the center receives from the
81 Domestic Violence Trust Fund established in s. 741.01.
82 Contributions in kind, whether materials, commodities,
83 transportation, office space, other types of facilities, or
84 personal services, may be evaluated and counted as part of the
85 required local funding.
86 (8) A certified domestic violence center may carry forward
87 from one fiscal year to the next during the contract period
88 documented unexpended state funds in a cumulative amount that
89 does not exceed 8 percent of its total contract with the
90 department.
91 (a) The funds carried forward may not be used in a manner
92 that would increase future recurring obligations or for any
93 program or service that is not authorized by the existing
94 contract.
95 (b) Expenditures of funds carried forward must be
96 separately reported to the department.
97 (c) Any unexpended funds that remain at the end of the
98 contract period must be returned to the department.
99 (d) Funds carried forward under this subsection may be
100 retained through any contract renewals as long as the same
101 certified domestic violence center is retained by the
102 department.
103 Section 3. Section 741.32, Florida Statutes, is amended to
104 read:
105 741.32 Batterers’ intervention programs.—The Legislature
106 finds that the incidence of domestic violence in this state is
107 disturbingly high and that, despite the efforts of many to curb
108 this violence, one person dies at the hands of a spouse, ex
109 spouse, or cohabitant approximately every 3 days. Further, a
110 child who witnesses the perpetration of this violence becomes a
111 victim as he or she hears or sees it occurring. This child is at
112 high risk of also being the victim of physical abuse by the
113 parent who is perpetrating the violence and, to a lesser extent,
114 by the parent who is the victim. These children are also at a
115 high risk of perpetrating violent crimes as juveniles and,
116 later, becoming perpetrators of the same violence that they
117 witnessed as children. The Legislature finds that there should
118 be standardized programming available to the justice system to
119 protect victims and their children and to hold the perpetrators
120 of domestic violence accountable for their acts. To ensure
121 statewide consistency in such programming, the Department of
122 Children and Families shall certify and monitor batterers’
123 intervention programs to be used by the justice system. Finally,
124 the Legislature recognizes that in order for batterers’
125 intervention programs to be successful in protecting victims and
126 their children, all participants in the justice system as well
127 as social service agencies and local and state governments must
128 coordinate their efforts at the community level.
129 Section 4. Paragraph (d) of subsection (1) of section
130 741.325, Florida Statutes, is amended to read:
131 741.325 Requirements for batterers’ intervention programs.—
132 (1) A batterers’ intervention program must meet the
133 following requirements:
134 (d) The program content shall be based on a cognitive
135 behavioral therapy model or psychoeducational model that
136 addresses tactics of power and control by one person over
137 another.
138 Section 5. Notwithstanding the repeal of section 741.327,
139 Florida Statutes, in section 14 of chapter 2012-147, Laws of
140 Florida, that section is revived, reenacted, and amended to
141 read:
142 741.327 Certification and monitoring of batterers’
143 intervention programs; rules fees.—
144 (1) Pursuant to s. 741.32, the Department of Children and
145 Families shall Family Services is authorized to certify and
146 monitor batterers’ intervention programs assess and collect:
147 (a) An annual certification fee not to exceed $300 for the
148 certification and monitoring of batterers’ intervention
149 programs.
150 (b) An annual certification fee not to exceed $200 for the
151 certification and monitoring of assessment personnel providing
152 direct services to persons who:
153 1. Are ordered by the court to participate in a domestic
154 violence prevention program;
155 2. Are adjudged to have committed an act of domestic
156 violence as defined in s. 741.28;
157 3. Have an injunction entered for protection against
158 domestic violence; or
159 4. Agree to attend a program as part of a diversion or
160 pretrial intervention agreement by the offender with the state
161 attorney.
162 (2) The department shall adopt by rule procedures to
163 administer this section, including, but not limited to,
164 procedures related to the development of criteria for the
165 approval, suspension, or rejection of certification of
166 batterers’ intervention programs All persons required by the
167 court to attend domestic violence programs certified by the
168 Department of Children and Family Services’ Office for
169 Certification and Monitoring of Batterers’ Intervention Programs
170 shall pay an additional $30 fee for each 29-week program to the
171 Department of Children and Family Services.
172 (3) The fees assessed and collected under this section
173 shall be deposited in the Executive Office of the Governor’s
174 Domestic Violence Trust Fund established in s. 741.01 and
175 directed to the Department of Children and Family Services to
176 fund the cost of certifying and monitoring batterers’
177 intervention programs.
178 Section 6. Subsection (3) of section 741.30, Florida
179 Statutes, is amended to read:
180 741.30 Domestic violence; injunction; powers and duties of
181 court and clerk; petition; notice and hearing; temporary
182 injunction; issuance of injunction; statewide verification
183 system; enforcement; public records exemption.—
184 (3)(a) The sworn petition must shall allege the existence
185 of such domestic violence and must shall include the specific
186 facts and circumstances upon the basis of which relief is
187 sought.
188 (b) The sworn petition shall be in substantially the
189 following form:
190
191 PETITION FOR
192 INJUNCTION FOR PROTECTION
193 AGAINST DOMESTIC VIOLENCE
194
195 Before me, the undersigned authority, personally appeared
196 Petitioner ...(Name)..., who has been sworn and says that the
197 following statements are true:
198 (a) Petitioner resides at: ...(address)...
199 (Petitioner may furnish address to the court in a separate
200 confidential filing if, for safety reasons, the petitioner
201 requires the location of the current residence to be
202 confidential.)
203 (b) Respondent resides at: ...(last known address)...
204 (c) Respondent’s last known place of employment: ...(name
205 of business and address)...
206 (d) Physical description of respondent:....
207 Race....
208 Sex....
209 Date of birth....
210 Height....
211 Weight....
212 Eye color....
213 Hair color....
214 Distinguishing marks or scars....
215 (e) Aliases of respondent:....
216 (f) Respondent is the spouse or former spouse of the
217 petitioner or is any other person related by blood or marriage
218 to the petitioner or is any other person who is or was residing
219 within a single dwelling unit with the petitioner, as if a
220 family, or is a person with whom the petitioner has a child in
221 common, regardless of whether the petitioner and respondent are
222 or were married or residing together, as if a family.
223 (g) The following describes any other cause of action
224 currently pending between the petitioner and respondent:
225
226 The petitioner should also describe any previous or pending
227 attempts by the petitioner to obtain an injunction for
228 protection against domestic violence in this or any other
229 circuit, and the results of that attempt:
230
231 Case numbers should be included if available.
232 (h) Petitioner is either a victim of domestic violence or
233 has reasonable cause to believe he or she is in imminent danger
234 of becoming a victim of domestic violence because respondent
235 has: (mark all sections that apply and describe in the spaces
236 below the incidents of violence or threats of violence,
237 specifying when and where they occurred, including, but not
238 limited to, locations such as a home, school, place of
239 employment, or visitation exchange)
240
241 ....committed or threatened to commit domestic violence
242 defined in s. 741.28, Florida Statutes, as any assault,
243 aggravated assault, battery, aggravated battery, sexual assault,
244 sexual battery, stalking, aggravated stalking, kidnapping, false
245 imprisonment, or any criminal offense resulting in physical
246 injury or death of one family or household member by another.
247 With the exception of persons who are parents of a child in
248 common, the family or household members must be currently
249 residing or have in the past resided together in the same single
250 dwelling unit.
251 ....previously threatened, harassed, stalked, or physically
252 abused the petitioner.
253 ....attempted to harm the petitioner or family members or
254 individuals closely associated with the petitioner.
255 ....threatened to conceal, kidnap, or harm the petitioner’s
256 child or children.
257 ....intentionally injured or killed a family pet.
258 ....used, or has threatened to use, against the petitioner
259 any weapons such as guns or knives.
260 ....physically restrained the petitioner from leaving the
261 home or calling law enforcement.
262 ....a criminal history involving violence or the threat of
263 violence (if known).
264 ....another order of protection issued against him or her
265 previously or from another jurisdiction (if known).
266 ....destroyed personal property, including, but not limited
267 to, telephones or other communication equipment, clothing, or
268 other items belonging to the petitioner.
269 ....engaged in any other behavior or conduct that leads the
270 petitioner to have reasonable cause to believe he or she is in
271 imminent danger of becoming a victim of domestic violence.
272 (i) Petitioner alleges the following additional specific
273 facts: (mark appropriate sections)
274 ....A minor child or minor children reside with the
275 petitioner whose names and ages are as follows:
276
277 ....Petitioner needs the exclusive use and possession of
278 the dwelling that the parties share.
279 ....Petitioner is unable to obtain safe alternative housing
280 because:
281 ....Petitioner genuinely fears that respondent imminently
282 will abuse, remove, or hide the minor child or children from
283 petitioner because:
284
285 (j) Petitioner genuinely fears imminent domestic violence
286 by respondent.
287 (k) Petitioner seeks an injunction: (mark appropriate
288 section or sections)
289 ....Immediately restraining the respondent from committing
290 any acts of domestic violence.
291 ....Restraining the respondent from committing any acts of
292 domestic violence.
293 ....Awarding to the petitioner the temporary exclusive use
294 and possession of the dwelling that the parties share or
295 excluding the respondent from the residence of the petitioner.
296 ....Providing a temporary parenting plan, including a
297 temporary time-sharing schedule, with regard to the minor child
298 or children of the parties which might involve prohibiting or
299 limiting time-sharing or requiring that it be supervised by a
300 third party.
301 ....Establishing temporary support for the minor child or
302 children or the petitioner.
303 ....Directing the respondent to participate in a batterers’
304 intervention program or other treatment pursuant to s. 39.901,
305 Florida Statutes.
306 ....Providing any terms the court deems necessary for the
307 protection of a victim of domestic violence, or any minor
308 children of the victim, including any injunctions or directives
309 to law enforcement agencies.
310 (c)
311 Every petition for an injunction against domestic violence
312 must shall contain, directly above the signature line, a
313 statement in all capital letters and bold type not smaller than
314 the surrounding text, as follows:
315
316 I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
317 EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT
318 THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE
319 UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
320 SECTION 837.02, FLORIDA STATUTES.
321 ...(initials)...
322 (d) If the sworn petition seeks to determine a parenting
323 plan and time-sharing schedule with regard to the minor child or
324 children of the parties, the sworn petition must shall be
325 accompanied by or must shall incorporate the allegations
326 required by s. 61.522 of the Uniform Child Custody Jurisdiction
327 and Enforcement Act.
328 Section 7. This act shall take effect July 1, 2021.
