Bill Text: FL H0563 | 2011 | Regular Session | Comm Sub


Bill Title: Injunctions for Protection Against Violence

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1163 [H0563 Detail]

Download: Florida-2011-H0563-Comm_Sub.html
CS/CS/HB 563

1
A bill to be entitled
2An act relating to injunctions for protection against
3domestic violence, repeat violence, sexual violence, or
4dating violence; amending ss. 741.30 and 784.046, F.S.;
5subject to available funding, directing the Florida
6Association of Court Clerks and Comptrollers to develop an
7automated process by which a petitioner for an injunction
8for protection may request notification of service of the
9injunction or notice of other court actions related to the
10injunction; requiring that notice be given to the
11petitioner within a specified time; providing for the
12content of the notice; authorizing the association to
13apply for grants to fund the development of the automated
14process; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (c) of subsection (8) of section
19741.30, Florida Statutes, is amended to read:
20     741.30  Domestic violence; injunction; powers and duties of
21court and clerk; petition; notice and hearing; temporary
22injunction; issuance of injunction; statewide verification
23system; enforcement.-
24     (8)
25     (c)1.  Within 24 hours after the court issues an injunction
26for protection against domestic violence or changes, continues,
27extends, or vacates an injunction for protection against
28domestic violence, the clerk of the court must forward a
29certified copy of the injunction for service to the sheriff with
30jurisdiction over the residence of the petitioner. The
31injunction must be served in accordance with this subsection.
32     2.  Within 24 hours after service of process of an
33injunction for protection against domestic violence upon a
34respondent, the law enforcement officer must forward the written
35proof of service of process to the sheriff with jurisdiction
36over the residence of the petitioner.
37     3.  Within 24 hours after the sheriff receives a certified
38copy of the injunction for protection against domestic violence,
39the sheriff must make information relating to the injunction
40available to other law enforcement agencies by electronically
41transmitting such information to the department.
42     4.  Within 24 hours after the sheriff or other law
43enforcement officer has made service upon the respondent and the
44sheriff has been so notified, the sheriff must make information
45relating to the service available to other law enforcement
46agencies by electronically transmitting such information to the
47department.
48     5.  Subject to available funding, the Florida Association
49of Court Clerks and Comptrollers shall develop an automated
50process by which a petitioner may request notification of
51service of the injunction for protection against domestic
52violence and other court actions related to the injunction for
53protection. The automated notice shall be made within 12 hours
54after the sheriff or other law enforcement officer serves the
55injunction upon the respondent. The notification must include,
56at a minimum, the date, time, and location where the injunction
57for protection against domestic violence was served. The Florida
58Association of Court Clerks and Comptrollers may apply for any
59available grants to fund the development of the automated
60process.
61     6.5.  Within 24 hours after an injunction for protection
62against domestic violence is vacated, terminated, or otherwise
63rendered no longer effective by ruling of the court, the clerk
64of the court must notify the sheriff receiving original
65notification of the injunction as provided in subparagraph 2.
66That agency shall, within 24 hours after receiving such
67notification from the clerk of the court, notify the department
68of such action of the court.
69     Section 2.  Paragraph (c) of subsection (8) of section
70784.046, Florida Statutes, is amended to read:
71     784.046  Action by victim of repeat violence, sexual
72violence, or dating violence for protective injunction; dating
73violence investigations, notice to victims, and reporting;
74pretrial release violations.-
75     (8)
76     (c)1.  Within 24 hours after the court issues an injunction
77for protection against repeat violence, sexual violence, or
78dating violence or changes or vacates an injunction for
79protection against repeat violence, sexual violence, or dating
80violence, the clerk of the court must forward a copy of the
81injunction to the sheriff with jurisdiction over the residence
82of the petitioner.
83     2.  Within 24 hours after service of process of an
84injunction for protection against repeat violence, sexual
85violence, or dating violence upon a respondent, the law
86enforcement officer must forward the written proof of service of
87process to the sheriff with jurisdiction over the residence of
88the petitioner.
89     3.  Within 24 hours after the sheriff receives a certified
90copy of the injunction for protection against repeat violence,
91sexual violence, or dating violence, the sheriff must make
92information relating to the injunction available to other law
93enforcement agencies by electronically transmitting such
94information to the department.
95     4.  Within 24 hours after the sheriff or other law
96enforcement officer has made service upon the respondent and the
97sheriff has been so notified, the sheriff must make information
98relating to the service available to other law enforcement
99agencies by electronically transmitting such information to the
100department.
101     5.  Subject to available funding, the Florida Association
102of Court Clerks and Comptrollers shall develop an automated
103process by which a petitioner may request notification of
104service of the injunction for protection against repeat
105violence, sexual violence, or dating violence and other court
106actions related to the injunction for protection. The automated
107notice shall be made within 12 hours after the sheriff or other
108law enforcement officer serves the injunction upon the
109respondent. The notification must include, at a minimum, the
110date, time, and location where the injunction for protection
111against repeat violence, sexual violence, or dating violence was
112served. The Florida Association of Court Clerks and Comptrollers
113may apply for any available grants to fund the development of
114the automated process.
115     6.5.  Within 24 hours after an injunction for protection
116against repeat violence, sexual violence, or dating violence is
117lifted, terminated, or otherwise rendered no longer effective by
118ruling of the court, the clerk of the court must notify the
119sheriff or local law enforcement agency receiving original
120notification of the injunction as provided in subparagraph 2.
121That agency shall, within 24 hours after receiving such
122notification from the clerk of the court, notify the department
123of such action of the court.
124     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.
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