Bill Text: FL S0438 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Injunctions for Protection Against Violence
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-29 - Read 2nd time -SJ 591 [S0438 Detail]
Download: Florida-2011-S0438-Introduced.html
Bill Title: Injunctions for Protection Against Violence
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-29 - Read 2nd time -SJ 591 [S0438 Detail]
Download: Florida-2011-S0438-Introduced.html
Florida Senate - 2011 SB 438 By Senator Hill 1-00232-11 2011438__ 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 for an 8 injunction for protection may request notification of 9 service of the injunction or notice of other court 10 actions related to the injunction; requiring that 11 notice be given to the petitioner within a specified 12 time; providing for the content of the notice; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (c) of subsection (8) of section 18 741.30, Florida Statutes, is amended to read: 19 741.30 Domestic violence; injunction; powers and duties of 20 court and clerk; petition; notice and hearing; temporary 21 injunction; issuance of injunction; statewide verification 22 system; enforcement.— 23 (8) 24 (c)1. Within 24 hours after the court issues an injunction 25 for protection against domestic violence or changes, continues, 26 extends, or vacates an injunction for protection against 27 domestic violence, the clerk of the court must forward a 28 certified copy of the injunction for service to the sheriff with 29 jurisdiction over the residence of the petitioner. The 30 injunction must be served in accordance with this subsection. 31 2. Within 24 hours after service of process of an 32 injunction for protection against domestic violence upon a 33 respondent, the law enforcement officer must forward the written 34 proof of service of process to the sheriff with jurisdiction 35 over the residence of the petitioner. 36 3. Within 24 hours after the sheriff receives a certified 37 copy of the injunction for protection against domestic violence, 38 the sheriff must make information relating to the injunction 39 available to other law enforcement agencies by electronically 40 transmitting such information to the department. 41 4. Within 24 hours after the sheriff or other law 42 enforcement officer has made service upon the respondent and the 43 sheriff has been so notified, the sheriff must make information 44 relating to the service available to other law enforcement 45 agencies by electronically transmitting such information to the 46 department. 47 5. Subject to available funding, the Florida Association of 48 Court Clerks shall develop an automated process by which a 49 petitioner may request notification of service of the injunction 50 for protection against domestic violence and other court actions 51 related to the injunction for protection. The automated notice 52 shall be made within 12 hours after the sheriff or other law 53 enforcement officer serves the injunction upon the respondent. 54 The notification must include, at a minimum, the date, time, and 55 location where the injunction for protection against domestic 56 violence was served. 57 6.5.Within 24 hours after an injunction for protection 58 against domestic violence is vacated, terminated, or otherwise 59 rendered no longer effective by ruling of the court, the clerk 60 of the court must notify the sheriff receiving original 61 notification of the injunction as provided in subparagraph 2. 62 That agency shall, within 24 hours after receiving such 63 notification from the clerk of the court, notify the department 64 of such action of the court. 65 Section 2. Paragraph (c) of subsection (8) of section 66 784.046, Florida Statutes, is amended to read: 67 784.046 Action by victim of repeat violence, sexual 68 violence, or dating violence for protective injunction; dating 69 violence investigations, notice to victims, and reporting; 70 pretrial release violations.— 71 (8) 72 (c)1. Within 24 hours after the court issues an injunction 73 for protection against repeat violence, sexual violence, or 74 dating violence or changes or vacates an injunction for 75 protection against repeat violence, sexual violence, or dating 76 violence, the clerk of the court must forward a copy of the 77 injunction to the sheriff with jurisdiction over the residence 78 of the petitioner. 79 2. Within 24 hours after service of process of an 80 injunction for protection against repeat violence, sexual 81 violence, or dating violence upon a respondent, the law 82 enforcement officer must forward the written proof of service of 83 process to the sheriff with jurisdiction over the residence of 84 the petitioner. 85 3. Within 24 hours after the sheriff receives a certified 86 copy of the injunction for protection against repeat violence, 87 sexual violence, or dating violence, the sheriff must make 88 information relating to the injunction available to other law 89 enforcement agencies by electronically transmitting such 90 information to the department. 91 4. Within 24 hours after the sheriff or other law 92 enforcement officer has made service upon the respondent and the 93 sheriff has been so notified, the sheriff must make information 94 relating to the service available to other law enforcement 95 agencies by electronically transmitting such information to the 96 department. 97 5. Subject to available funding, the Florida Association of 98 Court Clerks shall develop an automated process by which a 99 petitioner may request notification of service of the injunction 100 for protection against repeat violence, sexual violence, or 101 dating violence and other court actions related to the 102 injunction for protection. The automated notice shall be made 103 within 12 hours after the sheriff or other law enforcement 104 officer serves the injunction upon the respondent. The 105 notification must include, at a minimum, the date, time, and 106 location where the injunction for protection against repeat 107 violence, sexual violence, or dating 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, 2011.