Bill Text: FL S0804 | 2015 | Regular Session | Introduced

Florida Senate Bill 804 (Prior Session Legislation)

Introduced

Bill Title: Violation of an Injunction for Protection Against Domestic Violence

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-05-01 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0804 Detail]

Download: Florida-2015-S0804-Introduced.html

       Florida Senate - 2015                                     SB 804
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-01170-15                                            2015804__
    1                        A bill to be entitled                      
    2         An act relating to violation of an injunction for
    3         protection against domestic violence; amending s.
    4         741.31, F.S.; providing enhanced criminal penalties
    5         for a third or subsequent violation of an injunction
    6         for protection against domestic violence or a foreign
    7         protection order issued under specified provisions;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (4) of section 741.31, Florida
   13  Statutes, is amended to read:
   14         741.31 Violation of an injunction for protection against
   15  domestic violence.—
   16         (4)(a) A person who willfully violates an injunction for
   17  protection against domestic violence issued pursuant to s.
   18  741.30, or a foreign protection order accorded full faith and
   19  credit pursuant to s. 741.315, by:
   20         1. Refusing to vacate the dwelling that the parties share;
   21         2. Going to, or being within 500 feet of, the petitioner’s
   22  residence, school, place of employment, or a specified place
   23  frequented regularly by the petitioner and any named family or
   24  household member;
   25         3. Committing an act of domestic violence against the
   26  petitioner;
   27         4. Committing any other violation of the injunction through
   28  an intentional unlawful threat, word, or act to do violence to
   29  the petitioner;
   30         5. Telephoning, contacting, or otherwise communicating with
   31  the petitioner directly or indirectly, unless the injunction
   32  specifically allows indirect contact through a third party;
   33         6. Knowingly and intentionally coming within 100 feet of
   34  the petitioner’s motor vehicle, whether or not that vehicle is
   35  occupied;
   36         7. Defacing or destroying the petitioner’s personal
   37  property, including the petitioner’s motor vehicle; or
   38         8. Refusing to surrender firearms or ammunition if ordered
   39  to do so by the court
   40  
   41  commits a misdemeanor of the first degree, punishable as
   42  provided in s. 775.082 or s. 775.083, except as provided in
   43  paragraph (c).
   44         (b)1. It is a violation of s. 790.233, and a misdemeanor of
   45  the first degree, punishable as provided in s. 775.082 or s.
   46  775.083, for a person to violate a final injunction for
   47  protection against domestic violence by having in his or her
   48  care, custody, possession, or control any firearm or ammunition.
   49         2. It is the intent of the Legislature that the
   50  disabilities regarding possession of firearms and ammunition are
   51  consistent with federal law. Accordingly, this paragraph shall
   52  not apply to a state or local officer as defined in s.
   53  943.10(14), holding an active certification, who receives or
   54  possesses a firearm or ammunition for use in performing official
   55  duties on behalf of the officer’s employing agency, unless
   56  otherwise prohibited by the employing agency.
   57         (c) A person who has two or more prior convictions for
   58  violation of an injunction and who commits any third or
   59  subsequent violation commits a felony of the third degree,
   60  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   61  For purposes of this paragraph, the term “conviction” means a
   62  determination of guilt that is the result of a plea or a trial,
   63  regardless of whether adjudication is withheld or a plea of nolo
   64  contendere is entered.
   65         Section 2. This act shall take effect October 1, 2015.