Bill Text: FL S0654 | 2022 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Protective Injunctions
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-03-04 - Laid on Table, refer to CS/HB 905 [S0654 Detail]
Download: Florida-2022-S0654-Comm_Sub.html
Bill Title: Protective Injunctions
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-03-04 - Laid on Table, refer to CS/HB 905 [S0654 Detail]
Download: Florida-2022-S0654-Comm_Sub.html
Florida Senate - 2022 CS for SB 654
By the Committee on Judiciary; and Senators Cruz, Gibson, and
Jones
590-02513-22 2022654c1
1 A bill to be entitled
2 An act relating to protective injunctions; amending s.
3 741.30, F.S.; deleting an obsolete date; specifying a
4 timeframe in which the clerk of the court must
5 transmit specified documents relating to an injunction
6 for protection against domestic violence to the
7 appropriate local sheriff or law enforcement agency;
8 providing for the electronic transmission of certain
9 documents rather than by facsimile; authorizing clerks
10 of the court to provide such documents by facsimile,
11 hand delivery, or certified or registered mail under
12 certain circumstances; providing that electronically
13 submitted copies of injunctions must be served in the
14 same manner as certified copies; making conforming and
15 technical changes; amending ss. 784.046 and 784.0485,
16 F.S.; specifying a timeframe in which the clerk of the
17 court must transmit specified documents relating to
18 injunctions for protection against repeat violence,
19 sexual violence, or dating violence and against
20 stalking, respectively, to the appropriate local
21 sheriff or law enforcement agency; providing for the
22 electronic transmission of certain documents rather
23 than by facsimile; authorizing clerks of the court to
24 provide such documents by facsimile, hand delivery, or
25 certified or registered mail under certain
26 circumstances; providing that electronically submitted
27 copies of injunctions must be served in the same
28 manner as certified copies; making conforming and
29 technical changes; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (a) of subsection (2) and subsection
34 (8) of section 741.30, Florida Statutes, are amended to read:
35 741.30 Domestic violence; injunction; powers and duties of
36 court and clerk; petition; notice and hearing; temporary
37 injunction; issuance of injunction; statewide verification
38 system; enforcement; public records exemption.—
39 (2)(a) Notwithstanding any other provision of law, the
40 assessment of a filing fee for a petition for protection against
41 domestic violence is prohibited effective October 1, 2002.
42 However, subject to legislative appropriation, the clerk of the
43 circuit court may, on a quarterly basis, submit to the Office of
44 the State Courts Administrator a certified request for
45 reimbursement for petitions for protection against domestic
46 violence issued by the court, at the rate of $40 per petition.
47 The request for reimbursement must shall be submitted in the
48 form and manner prescribed by the Office of the State Courts
49 Administrator. From this reimbursement, the clerk shall pay any
50 law enforcement agency serving the injunction the fee requested
51 by the law enforcement agency; however, this fee may shall not
52 exceed $20.
53 (8)(a)1. Within 24 hours after the court issues an
54 injunction for protection against domestic violence, the clerk
55 of the court shall electronically transmit furnish a copy of the
56 petition, financial affidavit, Uniform Child Custody
57 Jurisdiction and Enforcement Act affidavit, if any, notice of
58 hearing, and temporary injunction, if any, to the sheriff or a
59 law enforcement agency of the county where the respondent
60 resides or can be found, who shall serve it upon the respondent
61 as soon thereafter as possible on any day of the week and at any
62 time of the day or night. If there is an Internet outage or any
63 other significant disruption in network connectivity which would
64 delay service by more than 24 hours, the clerk of the court may
65 provide copies to the sheriff’s office or law enforcement agency
66 by facsimile, hand delivery, or certified or registered mail. An
67 electronic When requested by the sheriff, the clerk of the court
68 may transmit a facsimile copy of an injunction must be that has
69 been certified by the clerk of the court, and the electronic
70 this facsimile copy must may be served in the same manner as a
71 certified copy. Upon receiving an electronic a facsimile copy of
72 the injunction, the sheriff must verify receipt with the sender
73 before attempting to serve it upon the respondent. In addition,
74 if the sheriff is in possession of an injunction for protection
75 that has been certified by the clerk of the court, the sheriff
76 may electronically transmit a facsimile copy of that injunction
77 to a law enforcement officer who shall serve it in the same
78 manner as a certified copy. The clerk of the court is shall be
79 responsible for furnishing to the sheriff such information on
80 the respondent’s physical description and location as is
81 required by the department to comply with the verification
82 procedures set forth in this section. Notwithstanding any other
83 provision of law to the contrary, the chief judge of each
84 circuit, in consultation with the appropriate sheriff, may
85 authorize a law enforcement agency within the jurisdiction to
86 effect service. A law enforcement agency serving injunctions
87 pursuant to this section must shall use service and verification
88 procedures consistent with those of the sheriff.
89 2. When an injunction is issued, if the petitioner requests
90 the assistance of a law enforcement agency, the court may order
91 that an officer from the appropriate law enforcement agency
92 accompany the petitioner and assist in placing the petitioner in
93 possession of the dwelling or residence, or otherwise assist in
94 the execution or service of the injunction. A law enforcement
95 officer must shall accept a copy of an injunction for protection
96 against domestic violence, certified by the clerk of the court,
97 from the petitioner and immediately serve it upon a respondent
98 who has been located but not yet served.
99 3. All orders issued, changed, continued, extended, or
100 vacated subsequent to the original service of documents
101 enumerated under subparagraph 1. must, shall be certified by the
102 clerk of the court and delivered to the parties at the time of
103 the entry of the order. The parties may acknowledge receipt of
104 such order in writing on the face of the original order. In the
105 event a party fails or refuses to acknowledge the receipt of a
106 certified copy of an order, the clerk shall note on the original
107 order that service was effected. If delivery at the hearing is
108 not possible, the clerk shall mail certified copies of the order
109 to the parties at the last known address of each party. Service
110 by mail is complete upon mailing. When an order is served
111 pursuant to this subsection, the clerk shall prepare a written
112 certification to be placed in the court file specifying the
113 time, date, and method of service and shall notify the sheriff.
114
115 If the respondent has been served previously with the temporary
116 injunction and has failed to appear at the initial hearing on
117 the temporary injunction, any subsequent petition for injunction
118 seeking an extension of time may be served on the respondent by
119 the clerk of the court by certified mail in lieu of personal
120 service by a law enforcement officer.
121 (b) There shall be created A Domestic and Repeat Violence
122 Injunction Statewide Verification System is created within the
123 Department of Law Enforcement. The department shall establish,
124 implement, and maintain a statewide communication system capable
125 of electronically transmitting information to and between
126 criminal justice agencies relating to domestic violence
127 injunctions and repeat violence injunctions issued by the courts
128 throughout the state. Such information must include, but is not
129 limited to, information as to the existence and status of any
130 injunction for verification purposes.
131 (c)1. Within 24 hours after the court issues an injunction
132 for protection against domestic violence or changes, continues,
133 extends, or vacates an injunction for protection against
134 domestic violence, the clerk of the court must electronically
135 transmit forward a certified copy of the injunction for service
136 to the sheriff with jurisdiction over the residence of the
137 petitioner. If there is an Internet outage or any other
138 significant disruption in network connectivity which would delay
139 service by more than 24 hours, the clerk of the court may
140 provide copies to the sheriff’s office by facsimile, hand
141 delivery, or certified or registered mail. The injunction must
142 be served in accordance with this subsection.
143 2. Within 24 hours after service of process of an
144 injunction for protection against domestic violence upon a
145 respondent, the law enforcement officer must electronically
146 transmit forward the written proof of service of process to the
147 sheriff with jurisdiction over the residence of the petitioner.
148 3. Within 24 hours after the sheriff receives a certified
149 copy of the injunction for protection against domestic violence,
150 the sheriff must make information relating to the injunction
151 available to other law enforcement agencies by electronically
152 transmitting such information to the department.
153 4. Within 24 hours after the sheriff or other law
154 enforcement officer has made service upon the respondent and the
155 sheriff has been so notified, the sheriff must make information
156 relating to the service available to other law enforcement
157 agencies by electronically transmitting such information to the
158 department.
159 5. Subject to available funding, the Florida Association of
160 Court Clerks and Comptrollers shall develop an automated process
161 by which a petitioner may request notification of service of the
162 injunction for protection against domestic violence and other
163 court actions related to the injunction for protection. The
164 automated notice must shall be made within 12 hours after the
165 sheriff or other law enforcement officer serves the injunction
166 upon the respondent. The notification must include, at a
167 minimum, the date, time, and location where the injunction for
168 protection against domestic violence was served. The Florida
169 Association of Court Clerks and Comptrollers may apply for any
170 available grants to fund the development of the automated
171 process.
172 6. Within 24 hours after an injunction for protection
173 against domestic violence is vacated, terminated, or otherwise
174 rendered no longer effective by ruling of the court, the clerk
175 of the court must notify the sheriff receiving original
176 notification of the injunction as provided in subparagraph 2.
177 That agency shall, within 24 hours after receiving such
178 notification from the clerk of the court, notify the department
179 of such action of the court.
180 Section 2. Subsection (8) of section 784.046, Florida
181 Statutes, is amended to read:
182 784.046 Action by victim of repeat violence, sexual
183 violence, or dating violence for protective injunction; dating
184 violence investigations, notice to victims, and reporting;
185 pretrial release violations; public records exemption.—
186 (8)(a)1. Within 24 hours after the court issues an
187 injunction for protection against repeat violence, sexual
188 violence, or dating violence, the clerk of the court shall
189 electronically transmit furnish a copy of the petition, notice
190 of hearing, and temporary injunction, if any, to the sheriff or
191 a law enforcement agency of the county where the respondent
192 resides or can be found, who shall serve it upon the respondent
193 as soon thereafter as possible on any day of the week and at any
194 time of the day or night. If there is an Internet outage or any
195 other significant disruption in network connectivity which would
196 delay service by more than 24 hours, the clerk of the court may
197 furnish copies to the sheriff’s office or law enforcement agency
198 by facsimile, hand delivery, or certified or registered mail. An
199 electronic When requested by the sheriff, the clerk of the court
200 may transmit a facsimile copy of an injunction must be that has
201 been certified by the clerk of the court, and the electronic
202 this facsimile copy must may be served in the same manner as a
203 certified copy. Upon receiving an electronic a facsimile copy of
204 the injunction, the sheriff must verify receipt with the sender
205 before attempting to serve it upon the respondent. In addition,
206 if the sheriff is in possession of an injunction for protection
207 that has been certified by the clerk of the court, the sheriff
208 may electronically transmit a facsimile copy of that injunction
209 to a law enforcement officer who shall serve it in the same
210 manner as a certified copy. The clerk of the court is shall be
211 responsible for furnishing to the sheriff such information on
212 the respondent’s physical description and location as is
213 required by the department to comply with the verification
214 procedures set forth in this section. Notwithstanding any other
215 provision of law to the contrary, the chief judge of each
216 circuit, in consultation with the appropriate sheriff, may
217 authorize a law enforcement agency within the chief judge’s
218 jurisdiction to effect this type of service and to receive a
219 portion of the service fee. A No person may not shall be
220 authorized or permitted to serve or execute an injunction issued
221 under this section unless the person is a law enforcement
222 officer as defined in chapter 943.
223 2. When an injunction is issued, if the petitioner requests
224 the assistance of a law enforcement agency, the court may order
225 that an officer from the appropriate law enforcement agency
226 accompany the petitioner and assist in the execution or service
227 of the injunction. A law enforcement officer must shall accept a
228 copy of an injunction for protection against repeat violence,
229 sexual violence, or dating violence, certified by the clerk of
230 the court, from the petitioner and immediately serve it upon a
231 respondent who has been located but not yet served.
232 (b) There shall be created A Domestic, Dating, Sexual, and
233 Repeat Violence Injunction Statewide Verification System is
234 created within the Department of Law Enforcement. The department
235 shall establish, implement, and maintain a statewide
236 communication system capable of electronically transmitting
237 information to and between criminal justice agencies relating to
238 domestic violence injunctions, dating violence injunctions,
239 sexual violence injunctions, and repeat violence injunctions
240 issued by the courts throughout the state. Such information must
241 include, but is not limited to, information as to the existence
242 and status of any injunction for verification purposes.
243 (c)1. Within 24 hours after the court issues an injunction
244 for protection against repeat violence, sexual violence, or
245 dating violence or changes or vacates an injunction for
246 protection against repeat violence, sexual violence, or dating
247 violence, the clerk of the court must electronically transmit
248 forward a copy of the injunction to the sheriff with
249 jurisdiction over the residence of the petitioner.
250 2. Within 24 hours after service of process of an
251 injunction for protection against repeat violence, sexual
252 violence, or dating violence upon a respondent, the law
253 enforcement officer must electronically transmit forward the
254 written proof of service of process to the sheriff with
255 jurisdiction over the residence of the petitioner.
256 3. Within 24 hours after the sheriff receives a certified
257 copy of the injunction for protection against repeat violence,
258 sexual violence, or dating violence, the sheriff must make
259 information relating to the injunction available to other law
260 enforcement agencies by electronically transmitting such
261 information to the department.
262 4. Within 24 hours after the sheriff or other law
263 enforcement officer has made service upon the respondent and the
264 sheriff has been so notified, the sheriff must make information
265 relating to the service available to other law enforcement
266 agencies by electronically transmitting such information to the
267 department.
268 5. Subject to available funding, the Florida Association of
269 Court Clerks and Comptrollers shall develop an automated process
270 by which a petitioner may request notification of service of the
271 injunction for protection against repeat violence, sexual
272 violence, or dating violence and other court actions related to
273 the injunction for protection. The automated notice must shall
274 be made within 12 hours after the sheriff or other law
275 enforcement officer serves the injunction upon the respondent.
276 The notification must include, at a minimum, the date, time, and
277 location where the injunction for protection against repeat
278 violence, sexual violence, or dating violence was served. The
279 Florida Association of Court Clerks and Comptrollers may apply
280 for any available grants to fund the development of the
281 automated process.
282 6. Within 24 hours after an injunction for protection
283 against repeat violence, sexual violence, or dating violence is
284 lifted, terminated, or otherwise rendered no longer effective by
285 ruling of the court, the clerk of the court must notify the
286 sheriff or local law enforcement agency receiving original
287 notification of the injunction as provided in subparagraph 2.
288 That agency shall, within 24 hours after receiving such
289 notification from the clerk of the court, notify the department
290 of such action of the court.
291 Section 3. Subsection (8) of section 784.0485, Florida
292 Statutes, is amended to read:
293 784.0485 Stalking; injunction; powers and duties of court
294 and clerk; petition; notice and hearing; temporary injunction;
295 issuance of injunction; statewide verification system;
296 enforcement.—
297 (8)(a)1. Within 24 hours after the court issues an
298 injunction for protection against stalking, the clerk of the
299 court shall electronically transmit furnish a copy of the
300 petition, notice of hearing, and temporary injunction, if any,
301 to the sheriff or a law enforcement agency of the county where
302 the respondent resides or can be found, who shall serve it upon
303 the respondent as soon thereafter as possible on any day of the
304 week and at any time of the day or night. If there is an
305 Internet outage or any other significant disruption in network
306 connectivity which would delay service by more than 24 hours,
307 the clerk of the court may furnish copies to the sheriff’s
308 office or law enforcement agency by facsimile, hand delivery, or
309 certified or registered mail. An electronic When requested by
310 the sheriff, the clerk of the court may transmit a facsimile
311 copy of an injunction must be that has been certified by the
312 clerk of the court, and the electronic this facsimile copy must
313 may be served in the same manner as a certified copy. Upon
314 receiving an electronic a facsimile copy of the injunction, the
315 sheriff must verify receipt with the sender before attempting to
316 serve it on the respondent. In addition, if the sheriff is in
317 possession of an injunction for protection that has been
318 certified by the clerk of the court, the sheriff may
319 electronically transmit a facsimile copy of that injunction to a
320 law enforcement officer who shall serve it in the same manner as
321 a certified copy. The clerk of the court shall furnish to the
322 sheriff such information concerning the respondent’s physical
323 description and location as is required by the Department of Law
324 Enforcement to comply with the verification procedures set forth
325 in this section. Notwithstanding any other law, the chief judge
326 of each circuit, in consultation with the appropriate sheriff,
327 may authorize a law enforcement agency within the jurisdiction
328 to effect service. A law enforcement agency serving injunctions
329 pursuant to this section must shall use service and verification
330 procedures consistent with those of the sheriff.
331 2. If an injunction is issued and the petitioner requests
332 the assistance of a law enforcement agency, the court may order
333 that an officer from the appropriate law enforcement agency
334 accompany the petitioner to assist in the execution or service
335 of the injunction. A law enforcement officer must shall accept a
336 copy of an injunction for protection against stalking, certified
337 by the clerk of the court, from the petitioner and immediately
338 serve it upon a respondent who has been located but not yet
339 served.
340 3. An order issued, changed, continued, extended, or
341 vacated subsequent to the original service of documents
342 enumerated under subparagraph 1. must shall be certified by the
343 clerk of the court and delivered to the parties at the time of
344 the entry of the order. The parties may acknowledge receipt of
345 such order in writing on the face of the original order. If a
346 party fails or refuses to acknowledge the receipt of a certified
347 copy of an order, the clerk shall note on the original order
348 that service was effected. If delivery at the hearing is not
349 possible, the clerk shall mail certified copies of the order to
350 the parties at the last known address of each party. Service by
351 mail is complete upon mailing. When an order is served pursuant
352 to this subsection, the clerk shall prepare a written
353 certification to be placed in the court file specifying the
354 time, date, and method of service and shall notify the sheriff.
355 4. If the respondent has been served previously with a
356 temporary injunction and has failed to appear at the initial
357 hearing on the temporary injunction, any subsequent petition for
358 injunction seeking an extension of time may be served on the
359 respondent by the clerk of the court by certified mail in lieu
360 of personal service by a law enforcement officer.
361 (b)1. Within 24 hours after the court issues an injunction
362 for protection against stalking or changes, continues, extends,
363 or vacates an injunction for protection against stalking, the
364 clerk of the court must electronically transmit forward a
365 certified copy of the injunction for service to the sheriff
366 having jurisdiction over the residence of the petitioner. The
367 injunction must be served in accordance with this subsection.
368 2. Within 24 hours after service of process of an
369 injunction for protection against stalking upon a respondent,
370 the law enforcement officer must electronically transmit forward
371 the written proof of service of process to the sheriff having
372 jurisdiction over the residence of the petitioner.
373 3. Within 24 hours after the sheriff receives a certified
374 copy of the injunction for protection against stalking, the
375 sheriff must make information relating to the injunction
376 available to other law enforcement agencies by electronically
377 transmitting such information to the Department of Law
378 Enforcement.
379 4. Within 24 hours after the sheriff or other law
380 enforcement officer has made service upon the respondent and the
381 sheriff has been so notified, the sheriff must make information
382 relating to the service available to other law enforcement
383 agencies by electronically transmitting such information to the
384 Department of Law Enforcement.
385 5. Within 24 hours after an injunction for protection
386 against stalking is vacated, terminated, or otherwise rendered
387 no longer effective by ruling of the court, the clerk of the
388 court must notify the sheriff receiving original notification of
389 the injunction as provided in subparagraph 2. That agency shall,
390 within 24 hours after receiving such notification from the clerk
391 of the court, notify the Department of Law Enforcement of such
392 action of the court.
393 Section 4. This act shall take effect July 1, 2022.
