Bill Text: FL S1082 | 2020 | Regular Session | Enrolled


Bill Title: Domestic Violence Injunctions

Spectrum: Bipartisan Bill

Status: (Passed) 2020-06-19 - Chapter No. 2020-37 [S1082 Detail]

Download: Florida-2020-S1082-Enrolled.html
       ENROLLED
       2020 Legislature                                  CS for SB 1082
       
       
       
       
       
       
                                                             20201082er
    1  
    2         An act relating to domestic violence injunctions;
    3         amending s. 741.30, F.S.; authorizing a court to take
    4         certain actions regarding the care, possession, or
    5         control of an animal in domestic violence injunctions;
    6         providing applicability; conforming a cross-reference;
    7         making technical changes; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (5) and subsection
   12  (6) of section 741.30, Florida Statutes, are amended to read:
   13         741.30 Domestic violence; injunction; powers and duties of
   14  court and clerk; petition; notice and hearing; temporary
   15  injunction; issuance of injunction; statewide verification
   16  system; enforcement; public records exemption.—
   17         (5)(a) If it appears to the court that an immediate and
   18  present danger of domestic violence exists, the court may grant
   19  a temporary injunction ex parte, pending a full hearing, and may
   20  grant such relief as the court deems proper, including an
   21  injunction:
   22         1. Restraining the respondent from committing any acts of
   23  domestic violence.
   24         2. Awarding to the petitioner the temporary exclusive use
   25  and possession of the dwelling that the parties share or
   26  excluding the respondent from the residence of the petitioner.
   27         3. On the same basis as provided in s. 61.13, providing the
   28  petitioner a temporary parenting plan, including a time-sharing
   29  schedule, which may award the petitioner up to 100 percent of
   30  the time-sharing. The temporary parenting plan remains in effect
   31  until the order expires or an order is entered by a court of
   32  competent jurisdiction in a pending or subsequent civil action
   33  or proceeding affecting the placement of, access to, parental
   34  time with, adoption of, or parental rights and responsibilities
   35  for the minor child.
   36         4.Awarding to the petitioner the temporary exclusive care,
   37  possession, or control of an animal that is owned, possessed,
   38  harbored, kept, or held by the petitioner, the respondent, or a
   39  minor child residing in the residence or household of the
   40  petitioner or respondent. The court may order the respondent to
   41  temporarily have no contact with the animal and prohibit the
   42  respondent from taking, transferring, encumbering, concealing,
   43  harming, or otherwise disposing of the animal. This subparagraph
   44  does not apply to an animal owned primarily for a bona fide
   45  agricultural purpose, as defined under s. 193.461, or to a
   46  service animal, as defined under s. 413.08, if the respondent is
   47  the service animal’s handler.
   48         (6)(a) Upon notice and hearing, when it appears to the
   49  court that the petitioner is either the victim of domestic
   50  violence as defined by s. 741.28 or has reasonable cause to
   51  believe he or she is in imminent danger of becoming a victim of
   52  domestic violence, the court may grant such relief as the court
   53  deems proper, including an injunction:
   54         1. Restraining the respondent from committing any acts of
   55  domestic violence.
   56         2. Awarding to the petitioner the exclusive use and
   57  possession of the dwelling that the parties share or excluding
   58  the respondent from the residence of the petitioner.
   59         3. On the same basis as provided in chapter 61, providing
   60  the petitioner with 100 percent of the time-sharing in a
   61  temporary parenting plan that remains in effect until the order
   62  expires or an order is entered by a court of competent
   63  jurisdiction in a pending or subsequent civil action or
   64  proceeding affecting the placement of, access to, parental time
   65  with, adoption of, or parental rights and responsibilities for
   66  the minor child.
   67         4. On the same basis as provided in chapter 61,
   68  establishing temporary support for a minor child or children or
   69  the petitioner. An order of temporary support remains in effect
   70  until the order expires or an order is entered by a court of
   71  competent jurisdiction in a pending or subsequent civil action
   72  or proceeding affecting child support.
   73         5. Ordering the respondent to participate in treatment,
   74  intervention, or counseling services to be paid for by the
   75  respondent. When the court orders the respondent to participate
   76  in a batterers’ intervention program, the court, or any entity
   77  designated by the court, must provide the respondent with a list
   78  of batterers’ intervention programs from which the respondent
   79  must choose a program in which to participate.
   80         6. Referring a petitioner to a certified domestic violence
   81  center. The court must provide the petitioner with a list of
   82  certified domestic violence centers in the circuit which the
   83  petitioner may contact.
   84         7.Awarding to the petitioner the exclusive care,
   85  possession, or control of an animal that is owned, possessed,
   86  harbored, kept, or held by the petitioner, the respondent, or a
   87  minor child residing in the residence or household of the
   88  petitioner or respondent. The court may order the respondent to
   89  have no contact with the animal and prohibit the respondent from
   90  taking, transferring, encumbering, concealing, harming, or
   91  otherwise disposing of the animal. This subparagraph does not
   92  apply to an animal owned primarily for a bona fide agricultural
   93  purpose, as defined under s. 193.461, or to a service animal, as
   94  defined under s. 413.08, if the respondent is the service
   95  animal’s handler.
   96         8.7. Ordering such other relief as the court deems
   97  necessary for the protection of a victim of domestic violence,
   98  including injunctions or directives to law enforcement agencies,
   99  as provided in this section.
  100         (b) In determining whether a petitioner has reasonable
  101  cause to believe he or she is in imminent danger of becoming a
  102  victim of domestic violence, the court shall consider and
  103  evaluate all relevant factors alleged in the petition,
  104  including, but not limited to:
  105         1. The history between the petitioner and the respondent,
  106  including threats, harassment, stalking, and physical abuse.
  107         2. Whether the respondent has attempted to harm the
  108  petitioner or family members or individuals closely associated
  109  with the petitioner.
  110         3. Whether the respondent has threatened to conceal,
  111  kidnap, or harm the petitioner’s child or children.
  112         4. Whether the respondent has intentionally injured or
  113  killed a family pet.
  114         5. Whether the respondent has used, or has threatened to
  115  use, against the petitioner any weapons such as guns or knives.
  116         6. Whether the respondent has physically restrained the
  117  petitioner from leaving the home or calling law enforcement.
  118         7. Whether the respondent has a criminal history involving
  119  violence or the threat of violence.
  120         8. The existence of a verifiable order of protection issued
  121  previously or from another jurisdiction.
  122         9. Whether the respondent has destroyed personal property,
  123  including, but not limited to, telephones or other
  124  communications equipment, clothing, or other items belonging to
  125  the petitioner.
  126         10. Whether the respondent engaged in any other behavior or
  127  conduct that leads the petitioner to have reasonable cause to
  128  believe that he or she is in imminent danger of becoming a
  129  victim of domestic violence.
  130  
  131  In making its determination under this paragraph, the court is
  132  not limited to those factors enumerated in subparagraphs 1.-10.
  133         (c) The terms of an injunction restraining the respondent
  134  under subparagraph (a)1. or ordering other relief for the
  135  protection of the victim under subparagraph (a)8. (a)7. shall
  136  remain in effect until modified or dissolved. Either party may
  137  move at any time to modify or dissolve the injunction. No
  138  specific allegations are required. Such relief may be granted in
  139  addition to other civil or criminal remedies.
  140         (d) A temporary or final judgment on injunction for
  141  protection against domestic violence entered under pursuant to
  142  this section shall, on its face, indicate that:
  143         1. The injunction is valid and enforceable in all counties
  144  of the State of Florida.
  145         2. Law enforcement officers may use their arrest powers
  146  under pursuant to s. 901.15(6) to enforce the terms of the
  147  injunction.
  148         3. The court had jurisdiction over the parties and matter
  149  under the laws of Florida and that reasonable notice and
  150  opportunity to be heard was given to the person against whom the
  151  order is sought sufficient to protect that person’s right to due
  152  process.
  153         4. The date the respondent was served with the temporary or
  154  final order, if obtainable.
  155         (e) An injunction for protection against domestic violence
  156  entered under pursuant to this section, on its face, may order
  157  that the respondent attend a batterers’ intervention program as
  158  a condition of the injunction. Unless the court makes written
  159  factual findings in its judgment or order which are based on
  160  substantial evidence, stating why batterers’ intervention
  161  programs would be inappropriate, the court shall order the
  162  respondent to attend a batterers’ intervention program if:
  163         1. It finds that the respondent willfully violated the ex
  164  parte injunction;
  165         2. The respondent, in this state or any other state, has
  166  been convicted of, had adjudication withheld on, or pled nolo
  167  contendere to a crime involving violence or a threat of
  168  violence; or
  169         3. The respondent, in this state or any other state, has
  170  had at any time a prior injunction for protection entered
  171  against the respondent after a hearing with notice.
  172         (f) The fact that a separate order of protection is granted
  173  to each opposing party is shall not be legally sufficient to
  174  deny any remedy to either party or to prove that the parties are
  175  equally at fault or equally endangered.
  176         (g) A final judgment on injunction for protection against
  177  domestic violence entered under pursuant to this section must,
  178  on its face, indicate that it is a violation of s. 790.233, and
  179  a first degree misdemeanor, for the respondent to have in his or
  180  her care, custody, possession, or control any firearm or
  181  ammunition.
  182         (h) All proceedings under this subsection shall be
  183  recorded. Recording may be by electronic means as provided by
  184  the Rules of Judicial Administration.
  185         Section 2. This act shall take effect July 1, 2020.

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