Bill Text: FL S0174 | 2010 | Regular Session | Introduced
Bill Title: Domestic, Repeat, Sexual and Dating Violence [SPSC]
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S0174 Detail]
Download: Florida-2010-S0174-Introduced.html
Florida Senate - 2010 SB 174 By Senator Joyner 18-00108A-10 2010174__ 1 A bill to be entitled 2 An act relating to domestic violence; amending ss. 3 741.28 and 784.046, F.S., relating to domestic 4 violence, repeat violence, sexual violence, and dating 5 violence; defining the term “global positioning 6 monitoring device”; creating ss. 741.301 and 784.0465, 7 F.S.; providing that a court may order a respondent to 8 wear a global positioning monitoring device if it 9 appears to the court that the petitioner is the victim 10 of domestic violence, repeat violence, sexual 11 violence, or dating violence or has reasonable cause 12 to believe that he or she is in imminent danger of 13 becoming a victim of domestic violence, repeat 14 violence, sexual violence, or dating violence; 15 providing conditions for which the court may order a 16 respondent to wear a global positioning monitoring 17 device; providing that the petitioner be provided a 18 telephone contact of a law enforcement agency; 19 permitting the petitioner to terminate the electronic 20 monitoring at any time; prohibiting the court from 21 imposing sanctions on the petitioner if he or she 22 refuses to participate in or terminates the global 23 position monitoring of the respondent; requiring the 24 respondent to pay the costs associated with operating 25 the monitoring device; amending ss. 741.31 and 26 784.047, F.S.; providing that a person commits a 27 misdemeanor of the first degree if he or she removes a 28 global positioning monitoring device without the 29 permission of the court; reenacting s. 901.15(7), 30 F.S., relating to warrantless arrest by a law 31 enforcement officer, to incorporate the amendment to 32 s. 741.31, F.S., in a reference thereto; providing an 33 effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Present subsection (4) of section 741.28, 38 Florida Statutes, is renumbered as subsection (5), and a new 39 subsection (4) is added to that section, to read: 40 741.28 Domestic violence; definitions.—As used in ss. 41 741.28-741.31: 42 (4) “Global positioning monitoring device” means a device 43 that electronically determines and reports the location of an 44 individual by means of an ankle bracelet transmitter or similar 45 device worn by the individual which transmits latitude and 46 longitude data to monitoring authorities through global 47 positioning satellite technology, but does not contain or 48 operate any global positioning system technology, radio 49 frequency identification technology, or similar technology that 50 is implanted in or otherwise invades or violates the corporeal 51 body of the individual. 52 Section 2. Section 741.301, Florida Statutes, is created to 53 read: 54 741.301 Domestic violence; global positioning monitoring 55 device; payment of costs.—If it appears to the court that a 56 petitioner is the victim of domestic violence, as defined in s. 57 741.28, or has reasonable cause to believe that he or she is in 58 imminent danger of becoming a victim of domestic violence, the 59 court may, in addition to issuing an injunction for protection 60 against domestic violence, order the respondent to wear a global 61 positioning monitoring device. 62 (1) In determining whether to order a respondent to wear a 63 global positioning monitoring device, the court shall consider 64 the likelihood that the respondent’s participation in wearing 65 the global positioning monitoring device will deter the 66 respondent from attempting to commit an act of domestic violence 67 against the petitioner prior to trial. 68 (2) The petitioner shall be furnished with a telephone 69 contact of the local law enforcement agency in order to request 70 immediate assistance if the respondent is located within a 71 determined proximity to the petitioner. 72 (3)(a) The petitioner may request the court to terminate 73 his or her participation in the global positioning monitoring of 74 the respondent at any time. 75 (b) The court may not impose sanctions against the 76 petitioner for refusing to participate in or terminating the 77 global positioning monitoring of the respondent. 78 (4)(a) If the court requires the respondent to wear a 79 global positioning monitoring device as a condition of the 80 issuance of an injunction for protection against domestic 81 violence, the respondent shall pay the costs associated with 82 operating the monitoring device to the law enforcement agency 83 monitoring the respondent. 84 (b) A respondent may not be released from the injunction 85 for protection against domestic violence until he or she pays 86 all costs associated with wearing the monitoring device and any 87 costs incurred by the law enforcement agency in monitoring the 88 device. The court may order the respondent to perform community 89 service work in lieu of paying the costs of monitoring. 90 Section 3. Paragraph (a) of subsection (4) of section 91 741.31, Florida Statutes, is amended to read: 92 741.31 Violation of an injunction for protection against 93 domestic violence.— 94 (4)(a) A person who willfully violates an injunction for 95 protection against domestic violence issued pursuant to s. 96 741.30, or a foreign protection order accorded full faith and 97 credit pursuant to s. 741.315, by: 98 1. Refusing to vacate the dwelling that the parties share; 99 2. Going to, or being within 500 feet of, the petitioner’s 100 residence, school, place of employment, or a specified place 101 frequented regularly by the petitioner and any named family or 102 household member; 103 3. Committing an act of domestic violence against the 104 petitioner; 105 4. Committing any other violation of the injunction through 106 an intentional unlawful threat, word, or act to do violence to 107 the petitioner; 108 5. Telephoning, contacting, or otherwise communicating with 109 the petitioner directly or indirectly, unless the injunction 110 specifically allows indirect contact through a third party; 111 6. Knowingly and intentionally coming within 100 feet of 112 the petitioner’s motor vehicle, whether or not that vehicle is 113 occupied; 114 7. Defacing or destroying the petitioner’s personal 115 property, including the petitioner’s motor vehicle;or116 8. Refusing to surrender firearms or ammunition if ordered 117 to do so by the court; or 118 9. Removing a global positioning monitoring device without 119 the written permission of the court, 120 121 commits a misdemeanor of the first degree, punishable as 122 provided in s. 775.082 or s. 775.083. 123 Section 4. Subsection (1) of section 784.046, Florida 124 Statutes, is amended to read: 125 784.046 Action by victim of repeat violence, sexual 126 violence, or dating violence for protective injunction; dating 127 violence investigations, notice to victims, and reporting; 128 pretrial release violations.— 129 (1) As used in this section, the term: 130 (a) “Violence” means any assault, aggravated assault, 131 battery, aggravated battery, sexual assault, sexual battery, 132 stalking, aggravated stalking, kidnapping, or false 133 imprisonment, or any criminal offense resulting in physical 134 injury or death, by a person against any other person. 135 (b) “Repeat violence” means two incidents of violence or 136 stalking committed by the respondent, one of which must have 137 been within 6 months of the filing of the petition, which are 138 directed against the petitioner or the petitioner’s immediate 139 family member. 140 (c) “Sexual violence” means any one incident of: 141 1. Sexual battery, as defined in chapter 794; 142 2. A lewd or lascivious act, as defined in chapter 800, 143 committed upon or in the presence of a person younger than 16 144 years of age; 145 3. Luring or enticing a child, as described in chapter 787; 146 4. Sexual performance by a child, as described in chapter 147 827; or 148 5. Any other forcible felony wherein a sexual act is 149 committed or attempted, 150 151 regardless of whether criminal charges based on the incident 152 were filed, reduced, or dismissed by the state attorney. 153 (d) “Dating violence” means violence between individuals 154 who have or have had a continuing and significant relationship 155 of a romantic or intimate nature. The existence of such a 156 relationship shall be determined based on the consideration of 157 the following factors: 158 1. A dating relationship must have existed within the past 159 6 months; 160 2. The nature of the relationship must have been 161 characterized by the expectation of affection or sexual 162 involvement between the parties; and 163 3. The frequency and type of interaction between the 164 persons involved in the relationship must have included that the 165 persons have been involved over time and on a continuous basis 166 during the course of the relationship. 167 168 The term does not include violence in a casual acquaintanceship 169 or violence between individuals who only have engaged in 170 ordinary fraternization in a business or social context. 171 (e) “Global positioning monitoring device” means a device 172 that electronically determines and reports the location of an 173 individual by means of an ankle bracelet transmitter or similar 174 device worn by the individual which transmits latitude and 175 longitude data to monitoring authorities through global 176 positioning satellite technology, but does not contain or 177 operate any global positioning system technology, radio 178 frequency identification technology, or similar technology that 179 is implanted in or otherwise invades or violates the corporeal 180 body of the individual. 181 Section 5. Section 784.0465, Florida Statutes, is created 182 to read: 183 784.0465 Domestic violence; global positioning monitoring 184 device; payment of costs.—If it appears to the court that a 185 petitioner is the victim of repeat violence, sexual violence, or 186 dating violence, as defined by s. 784.046, or has reasonable 187 cause to believe that he or she is in imminent danger of 188 becoming a victim of repeat violence, sexual violence, or dating 189 violence, the court may, in addition to issuing an injunction 190 for protection against repeat violence, sexual violence, or 191 dating violence, order the respondent to wear a global 192 positioning monitoring device. 193 (1) In determining whether to order a respondent to wear a 194 global positioning monitoring device, the court shall consider 195 the likelihood that the respondent’s participation in wearing 196 the global positioning monitoring device will deter the 197 respondent from attempting to commit an act of repeat violence, 198 sexual violence, or dating violence against the petitioner prior 199 to trial. 200 (2) The petitioner shall be furnished with a telephone 201 contact of the local law enforcement agency in order to request 202 immediate assistance if the respondent is located within a 203 determined proximity to the petitioner. 204 (3)(a) The petitioner may request the court to terminate 205 his or her participation in the global positioning monitoring of 206 the respondent at any time. 207 (b) The court may not impose sanctions against the 208 petitioner for refusing to participate in or terminating the 209 global positioning monitoring of the respondent. 210 (4)(a) If the court requires the respondent to wear a 211 global positioning monitoring device as a condition of the 212 issuance of an injunction for protection against repeat 213 violence, sexual violence, or dating violence, the respondent 214 shall pay the costs associated with operating the monitoring 215 device to the law enforcement agency monitoring the respondent. 216 (b) A respondent may not be released from the injunction 217 for protection against repeat violence, sexual violence, or 218 dating violence until he or she pays all costs associated with 219 wearing the monitoring device and any costs incurred by the law 220 enforcement agency in monitoring the device. The court may order 221 the respondent to perform community service work in lieu of 222 paying the costs of monitoring. 223 Section 6. Section 784.047, Florida Statutes, is amended to 224 read: 225 784.047 Penalties for violating protective injunction 226 against violators.—A person who willfully violates an injunction 227 for protection against repeat violence, sexual violence, or 228 dating violence, issued pursuant to s. 784.046, or a foreign 229 protection order accorded full faith and credit pursuant to s. 230 741.315 by: 231 (1) Refusing to vacate the dwelling that the parties share; 232 (2) Going to the petitioner’s residence, school, place of 233 employment, or a specified place frequented regularly by the 234 petitioner and any named family or household member; 235 (3) Committing an act of repeat violence, sexual violence, 236 or dating violence against the petitioner; 237 (4) Committing any other violation of the injunction 238 through an intentional unlawful threat, word, or act to do 239 violence to the petitioner;or240 (5) Telephoning, contacting, or otherwise communicating 241 with the petitioner directly or indirectly, unless the 242 injunction specifically allows indirect contact through a third 243 party; or 244 (6) Removing a global positioning monitoring device without 245 the written permission of the court, 246 247 commits a misdemeanor of the first degree, punishable as 248 provided in s. 775.082 or s. 775.083. 249 Section 7. For the purpose of incorporating the amendment 250 made by this act to section 741.31, Florida Statutes, in a 251 reference thereto, subsection (7) of section 901.15, Florida 252 Statutes, is reenacted to read: 253 901.15 When arrest by officer without warrant is lawful.—A 254 law enforcement officer may arrest a person without a warrant 255 when: 256 (7) There is probable cause to believe that the person has 257 committed an act of domestic violence, as defined in s. 741.28, 258 or dating violence, as provided in s. 784.046. The decision to 259 arrest shall not require consent of the victim or consideration 260 of the relationship of the parties. It is the public policy of 261 this state to strongly discourage arrest and charges of both 262 parties for domestic violence or dating violence on each other 263 and to encourage training of law enforcement and prosecutors in 264 these areas. A law enforcement officer who acts in good faith 265 and exercises due care in making an arrest under this 266 subsection, under s. 741.31(4) or s. 784.047, or pursuant to a 267 foreign order of protection accorded full faith and credit 268 pursuant to s. 741.315, is immune from civil liability that 269 otherwise might result by reason of his or her action. 270 Section 8. This act shall take effect July 1, 2010.
