Bill Text: FL S0796 | 2010 | Regular Session | Comm Sub
Bill Title: Injunctions for Protection [SPSC]
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2010-04-30 - Died in Messages [S0796 Detail]
Download: Florida-2010-S0796-Comm_Sub.html
Florida Senate - 2010 CS for SB 796 By the Committee on Criminal Justice; and Senator Hill 591-03783-10 2010796c1 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 to develop an 7 automated process by which a petitioner may request 8 notification of service of the injunction for 9 protection; requiring that notice to the petitioner be 10 given to the petitioner within a specified time; 11 providing for the content of the notice; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (c) of subsection (8) of section 17 741.30, Florida Statutes, is amended to read: 18 741.30 Domestic violence; injunction; powers and duties of 19 court and clerk; petition; notice and hearing; temporary 20 injunction; issuance of injunction; statewide verification 21 system; enforcement.— 22 (8) 23 (c)1. Within 24 hours after the court issues an injunction 24 for protection against domestic violence or changes, continues, 25 extends, or vacates an injunction for protection against 26 domestic violence, the clerk of the court must forward a 27 certified copy of the injunction for service to the sheriff with 28 jurisdiction over the residence of the petitioner. The 29 injunction must be served in accordance with this subsection. 30 2. Within 24 hours after service of process of an 31 injunction for protection against domestic violence upon a 32 respondent, the law enforcement officer must forward the written 33 proof of service of process to the sheriff with jurisdiction 34 over the residence of the petitioner. 35 3. Within 24 hours after the sheriff receives a certified 36 copy of the injunction for protection against domestic violence, 37 the sheriff must make information relating to the injunction 38 available to other law enforcement agencies by electronically 39 transmitting such information to the department. 40 4. Within 24 hours after the sheriff or other law 41 enforcement officer has made service upon the respondent and the 42 sheriff has been so notified, the sheriff must make information 43 relating to the service available to other law enforcement 44 agencies by electronically transmitting such information to the 45 department. 46 5. Subject to available funding, the Florida Association of 47 Court Clerks shall develop an automated process by which a 48 petitioner may request notification of service of the injunction 49 for protection against domestic violence and other court actions 50 related to the injunction against domestic violence. The 51 automated notice shall be made within 12 hours after the sheriff 52 or other law enforcement officer has made service upon the 53 respondent. The notification must include, at a minimum, the 54 date, time, and location where the injunction for protection 55 against domestic violence was served. 56 6.5.Within 24 hours after an injunction for protection 57 against domestic violence is vacated, terminated, or otherwise 58 rendered no longer effective by ruling of the court, the clerk 59 of the court must notify the sheriff receiving original 60 notification of the injunction as provided in subparagraph 2. 61 That agency shall, within 24 hours after receiving such 62 notification from the clerk of the court, notify the department 63 of such action of the court. 64 Section 2. Paragraph (c) of subsection (8) of section 65 784.046, Florida Statutes, is amended to read: 66 784.046 Action by victim of repeat violence, sexual 67 violence, or dating violence for protective injunction; dating 68 violence investigations, notice to victims, and reporting; 69 pretrial release violations.— 70 (8) 71 (c)1. Within 24 hours after the court issues an injunction 72 for protection against repeat violence, sexual violence, or 73 dating violence or changes or vacates an injunction for 74 protection against repeat violence, sexual violence, or dating 75 violence, the clerk of the court must forward a copy of the 76 injunction to the sheriff with jurisdiction over the residence 77 of the petitioner. 78 2. Within 24 hours after service of process of an 79 injunction for protection against repeat violence, sexual 80 violence, or dating violence upon a respondent, the law 81 enforcement officer must forward the written proof of service of 82 process to the sheriff with jurisdiction over the residence of 83 the petitioner. 84 3. Within 24 hours after the sheriff receives a certified 85 copy of the injunction for protection against repeat violence, 86 sexual violence, or dating violence, the sheriff must make 87 information relating to the injunction available to other law 88 enforcement agencies by electronically transmitting such 89 information to the department. 90 4. Within 24 hours after the sheriff or other law 91 enforcement officer has made service upon the respondent and the 92 sheriff has been so notified, the sheriff must make information 93 relating to the service available to other law enforcement 94 agencies by electronically transmitting such information to the 95 department. 96 5. Subject to available funding, the Florida Association of 97 Court Clerks shall develop an automated process by which a 98 petitioner may request notification of service of the injunction 99 for protection against repeat violence, sexual violence, or 100 dating violence and other court actions related to the 101 injunction against repeat violence, sexual violence, or dating 102 violence. The automated notice shall be made within 12 hours 103 after the sheriff or other law enforcement officer has made 104 service upon the respondent. The notification must include, at a 105 minimum, the date, time, and location where the injunction for 106 protection against repeat violence, sexual violence, or dating 107 violence was served. 108 6.5.Within 24 hours after an injunction for protection 109 against repeat violence, sexual violence, or dating violence is 110 lifted, terminated, or otherwise rendered no longer effective by 111 ruling of the court, the clerk of the court must notify the 112 sheriff or local law enforcement agency receiving original 113 notification of the injunction as provided in subparagraph 2. 114 That agency shall, within 24 hours after receiving such 115 notification from the clerk of the court, notify the department 116 of such action of the court. 117 Section 3. This act shall take effect July 1, 2010.
