Bill Text: FL S0948 | 2010 | Regular Session | Introduced
Bill Title: Domestic Violence/Surrender Weapon [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S0948 Detail]
Download: Florida-2010-S0948-Introduced.html
Florida Senate - 2010 SB 948 By Senator Hill 1-00673A-10 2010948__ 1 A bill to be entitled 2 An act relating to domestic violence; amending s. 3 741.30, F.S.; providing that a respondent may be 4 ordered, as part of a domestic violence injunction, to 5 surrender any weapon identified in the injunction 6 order; providing requirements for such an order; 7 providing for consequences of failure to comply with 8 such an order; conforming a cross-reference; providing 9 an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraphs (a) and (c) of subsection (6) of 14 section 741.30, Florida Statutes, are amended to read: 15 741.30 Domestic violence; injunction; powers and duties of 16 court and clerk; petition; notice and hearing; temporary 17 injunction; issuance of injunction; statewide verification 18 system; enforcement.— 19 (6)(a) Upon notice and hearing, when it appears to the 20 court that the petitioner is either the victim of domestic 21 violence as defined by s. 741.28 or has reasonable cause to 22 believe he or she is in imminent danger of becoming a victim of 23 domestic violence, the court may grant such relief as the court 24 deems proper, including an injunction: 25 1. Restraining the respondent from committing any acts of 26 domestic violence. 27 2. Awarding to the petitioner the exclusive use and 28 possession of the dwelling that the parties share or excluding 29 the respondent from the residence of the petitioner. 30 3. On the same basis as provided in chapter 61, providing 31 the petitioner with 100 percent of the time-sharing in a 32 temporary parenting plan that shall remain in effect until the 33 order expires or an order is entered by a court of competent 34 jurisdiction in a pending or subsequent civil action or 35 proceeding affecting the placement of, access to, parental time 36 with, adoption of, or parental rights and responsibilities for 37 the minor child. 38 4. On the same basis as provided in chapter 61, 39 establishing temporary support for a minor child or children or 40 the petitioner. An order of temporary support remains in effect 41 until the order expires or an order is entered by a court of 42 competent jurisdiction in a pending or subsequent civil action 43 or proceeding affecting child support. 44 5. Ordering the respondent to participate in treatment, 45 intervention, or counseling services to be paid for by the 46 respondent. When the court orders the respondent to participate 47 in a batterers’ intervention program, the court, or any entity 48 designated by the court, must provide the respondent with a list 49 of all certified batterers’ intervention programs and all 50 programs which have submitted an application to the Department 51 of Children and Family Services to become certified under s. 52 741.32, from which the respondent must choose a program in which 53 to participate. If there are no certified batterers’ 54 intervention programs in the circuit, the court shall provide a 55 list of acceptable programs from which the respondent must 56 choose a program in which to participate. 57 6. Referring a petitioner to a certified domestic violence 58 center. The court must provide the petitioner with a list of 59 certified domestic violence centers in the circuit which the 60 petitioner may contact. 61 7. Requiring surrender of any weapon possessed by the 62 respondent and identified in the injunction order for protection 63 against domestic violence. Such an order shall require that the 64 weapon be surrendered to a law enforcement agency within a 65 specified period of 12 hours or less following the order, as 66 designated in the order. If the weapon is not surrendered as 67 ordered, the respondent is subject to arrest for a violation of 68 s. 790.233 and a search warrant may be issued authorizing a 69 search of the respondent’s residence, vehicle, and other 70 locations, as appropriate, to locate and seize the weapon. 71 8.7.Ordering such other relief as the court deems 72 necessary for the protection of a victim of domestic violence, 73 including injunctions or directives to law enforcement agencies, 74 as provided in this section. 75 (c) The terms of an injunction restraining the respondent 76 under subparagraph (a)1. or ordering other relief for the 77 protection of the victim under subparagraph (a)8.(a)7.shall 78 remain in effect until modified or dissolved. Either party may 79 move at any time to modify or dissolve the injunction. No 80 specific allegations are required. Such relief may be granted in 81 addition to other civil or criminal remedies. 82 Section 2. This act shall take effect July 1, 2010.
