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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to certified domestic violence service 2
providers; amending s. 39.902, F.S.; defining the term 3
"domestic violence service provider"; creating s. 4
39.9051, F.S.; requiring the Department of Children 5
and Families to certify domestic violence se rvice 6
providers; providing requirements for certified 7
domestic violence service providers; authorizing the 8
department, under certain circumstances, to deny, 9
suspend, or revoke certification of a service 10
provider; providing for the expiration of such 11
certification; authorizing domestic violence service 12
providers to be certified throughout the state if 13
certain specifications are demonstrated; providing 14
requirements for certified domestic violence service 15
providers to receive state funds; authorizing 16
certified domestic violence service providers to enter 17
into subcontracts if approved by the department; 18
authorizing certified domestic violence service 19
providers to carry forward funds; providing 20
requirements for funds that are carried forward; 21
amending ss. 39.0121 , 39.903, 39.9057, 39.906, 22
90.5036, 381.0072, 383.402, 414.065 414.095, 415.1103, 23
456.031, 490.014, 491.014, 741.29, 741.30, 741.316, 24
784.046, 784.0485, 944.705, 960.198, 984.071, and 25
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1002.81, F.S.; conforming provisions to changes made 26
by the act; providing an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Subsection (3) of section 39.902, Florida 31
Statutes, is renumbered as subsection (4), and a new subsection 32
(3) is added to that section, to read: 33
39.902 Definitions.—As used in this part, the term: 34
(3) "Domestic violence service provider" means an agency 35
that provides nonsheltered services to victims of domestic 36
violence, dating violence, and stalking as its primary mission. 37
Section 2. Section 39.9051 , Florida Statutes, is created 38
to read: 39
39.9051 Domestic violence service providers. — 40
(1) In order to expand the services available to victims 41
of domestic violence, dating violence, and stalking, the 42
department shall certify domestic violence service p roviders to 43
monitor and regulate nonsheltered services and protections for 44
those who seek such services and protections from domestic 45
violence service providers. The department and certified 46
domestic violence service providers shall serve as partners and 47
provide a coordinated response to address victim safety, hold 48
batterers accountable, and prevent future violence in the state. 49
(2) Domestic violence service providers certified under 50
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this part must: 51
(a) Provide services to victims of domestic violence, 52
dating violence, or stalking, and the minor children and other 53
dependents of such victim. However, services provided by 54
certified domestic violence service providers may not include 55
sheltering in a facility the victim of domestic violence, dating 56
violence, or stalking, or the minor children and other 57
dependents of such victim. Services may be designed to serve 58
culturally or ethnically specific populations or reach 59
underserved communities. 60
(b) Receive the annual written endorsement of local law 61
enforcement agencies. 62
(c) Establish and maintain a board of directors composed 63
of at least three citizens. 64
(d) File with the department a list of the names of the 65
domestic violence advocates who are employed by or who volunteer 66
with the domestic violence service provider and who may claim a 67
privilege under s. 90.5036 to refuse to disclose a confidential 68
communication between a victim of domestic violence, dating 69
violence, or stalking and the advocate regarding the incident of 70
such violence or stalking. The list mu st include the title of 71
the position held by the domestic violence advocate whose name 72
is listed and a description of the duties of that position. A 73
domestic violence service provider must file amendments to this 74
list as necessary. 75
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(e) Demonstrate local need and ability to sustain 76
operations through a history of 18 consecutive months' operation 77
as a domestic violence service provider and a business plan 78
which addresses future operations and funding of future 79
operations. 80
(f) If the domestic violence service provider is a new 81
service provider applying for certification, demonstrate that 82
the services provided address a need identified in the most 83
current statewide needs assessment approved by the department. 84
If the service provider applying for initial certification 85
proposes providing services in an area that has an existing 86
certified domestic violence center or another certified domestic 87
violence service provider, the service provider applying for 88
initial certification must demonstrate the unmet need in that 89
service area and describe its efforts to avoid duplication of 90
services. 91
(g) Establish procedures to facilitate persons subject to 92
domestic violence, dating violence, and stalking to seek 93
services from domestic violence service providers voluntarily . 94
(h) Comply with rules adopted under this part. 95
(3) If the department finds that there is failure by a 96
domestic violence service provider to comply with the 97
requirements provided, or rules adopted, under this part, the 98
department may deny, suspend, or revoke the certification of the 99
service provider. 100
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(4) A domestic violence service provider certification 101
shall automatically expire on June 30 of each state fiscal year 102
unless the service provider applies for renewal and 103
certification is renewed by the department or the certification 104
is temporarily extended by the department to allow the service 105
provider to implement a corrective action plan. 106
(5) Domestic violence service providers may be certified 107
throughout the state when private, local, state, or fe deral 108
funds are available and a need is demonstrated. 109
(6) To receive state funds, a domestic violence service 110
provider must obtain certification under this part and enter 111
into a contract with the department which ensures the 112
availability and geographic a ccessibility of services throughout 113
the service area. For this purpose, a service provider may 114
distribute funds through subcontracts, if such arrangements and 115
subcontracts are approved by the department. However, the 116
issuance of a certificate does not obli gate the department to 117
enter into a contract or provide funding to a service provider. 118
(7) A certified domestic violence center may carry forward 119
from 1 fiscal year to the next during the contract period 120
documented unexpended state funds in a cumulative amount that 121
does not exceed 8 percent of its total contract with the 122
department. 123
(a) The funds carried forward may not be used in a manner 124
that would increase future recurring obligations or for any 125
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program or service that is not authorized by the existi ng 126
contract. 127
(b) Expenditures of funds carried forward must be 128
separately reported to the department. 129
(c) Any unexpended funds that remain at the end of the 130
contract period must be returned to the department. 131
(d) Funds carried forward under this subs ection may be 132
retained through any contract renewals as long as the same 133
certified domestic violence service provider is retained by the 134
department. 135
Section 3. Subsection (14) of section 39.0121, Florida 136
Statutes, is amended to read: 137
39.0121 Specific rulemaking authority. —Pursuant to the 138
requirements of s. 120.536, the department is specifically 139
authorized to adopt, amend, and repeal administrative rules 140
which implement or interpret law or policy, or describe the 141
procedure and practice requirements ne cessary to implement this 142
chapter, including, but not limited to, the following: 143
(14) Injunctions and other protective orders, domestic -144
violence-related cases, and certification of domestic violence 145
centers and domestic violence service providers . 146
Section 4. Subsections (2), (4), and (9) of section 147
39.903, Florida Statutes, are amended to read: 148
39.903 Duties and functions of the department with respect 149
to domestic violence. —The department shall: 150
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(2) Receive and approve or reject applications for i nitial 151
certification of domestic violence centers and domestic violence 152
service providers, and annually renew the certification 153
thereafter. 154
(4) Promote the involvement of certified domestic violence 155
centers and certified domestic violence service provide rs in the 156
coordination, development, and planning of domestic violence 157
programming in the circuits. 158
(9) Adopt by rule procedures to administer this section, 159
including developing criteria for the approval, suspension, or 160
rejection of certification of dome stic violence centers and 161
domestic violence service providers, and developing minimum 162
standards for domestic violence centers to ensure the health and 163
safety of the clients residing in the centers. 164
Section 5. Section 39.9057, Florida Statutes, is amend ed 165
to read: 166
39.9057 Unlawful disclosure of certified domestic violence 167
center or service provider location; penalties. —Any person who 168
maliciously publishes, disseminates, or discloses any 169
descriptive information or image that may identify the location 170
of a domestic violence center certified under s. 39.905 or a 171
domestic violence service provider certified under s. 39.9051 or 172
who otherwise maliciously discloses the location of a center or 173
service provider commits a: 174
(1) Misdemeanor of the first degree, p unishable as 175
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provided in s. 775.082 or s. 775.083. 176
(2) Felony of the third degree, punishable as provided in 177
s. 775.082, s. 775.083, or s. 775.084, upon a second or 178
subsequent conviction. 179
Section 6. Section 39.906, Florida Statutes, is amended to 180
read: 181
39.906 Referral to centers and service providers; notice 182
of rights.—Any law enforcement officer who investigates an 183
alleged incident of domestic violence shall advise the victim of 184
such violence that there are is a domestic violence centers and 185
domestic violence service providers center from which the victim 186
may receive services. The law enforcement officer shall give the 187
victim immediate notice of the legal rights and remedies 188
available under in accordance with the provisions of s. 741.29. 189
Section 7. Paragraph (a) of subsection (1) of section 190
90.5036, Florida Statutes, is amended to read: 191
90.5036 Domestic violence advocate -victim privilege.— 192
(1) For purposes of this section: 193
(a) A "domestic violence center" is any public or private 194
agency that offers assistance to victims of domestic violence, 195
as defined in s. 741.28, and their families. The term includes a 196
domestic violence service provider as defined in s. 39.902. 197
Section 8. Paragraph (c) of subsection (2) of section 198
381.0072, Florida Statutes, is amended to read: 199
381.0072 Food service protection. — 200
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(2) DEFINITIONS.—As used in this section, the term: 201
(c) "Food service establishment" means detention 202
facilities, public or private schools, migrant labor camps, 203
assisted living facilities, facilities participating in the 204
United States Department of Agriculture Afterschool Meal Program 205
that are located at a facility or site that is not inspected by 206
another state agency for compliance with sanitation standards, 207
adult family-care homes, adult day care centers, short -term 208
residential treatment centers, residential treatment facilities, 209
homes for special services, transitional living facilities, 210
crisis stabilization units, hosp ices, prescribed pediatric 211
extended care centers, intermediate care facilities for persons 212
with developmental disabilities, boarding schools, civic or 213
fraternal organizations, bars and lounges, vending machines that 214
dispense potentially hazardous foods at facilities expressly 215
named in this paragraph, and facilities used as temporary food 216
events or mobile food units at any facility expressly named in 217
this paragraph, where food is prepared and intended for 218
individual portion service, including the site at whi ch 219
individual portions are provided, regardless of whether 220
consumption is on or off the premises and regardless of whether 221
there is a charge for the food. The term includes a culinary 222
education program where food is prepared and intended for 223
individual portion service, regardless of whether there is a 224
charge for the food or whether the program is inspected by 225
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another state agency for compliance with sanitation standards. 226
The term does not include any entity not expressly named in this 227
paragraph; nor does th e term include a domestic violence center 228
or domestic violence service provider certified and monitored by 229
the Department of Children and Families under part XII of 230
chapter 39 if the center or service provider does not prepare 231
and serve food to its residents and does not advertise food or 232
drink for public consumption. 233
Section 9. Paragraph (a) of subsection (3) of section 234
383.402, Florida Statutes, is amended to read: 235
383.402 Child abuse death review; State Child Abuse Death 236
Review Committee; local chi ld abuse death review committees. — 237
(3) LOCAL CHILD ABUSE DEATH REVIEW COMMITTEES. —At the 238
direction of the State Surgeon General, a county or multicounty 239
child abuse death review committee shall be convened and 240
supported by the county health department di rectors in 241
accordance with the protocols established by the State Child 242
Abuse Death Review Committee. 243
(a) Membership.—The local death review committees shall 244
include, at a minimum, the following organizations' 245
representatives, appointed by the county hea lth department 246
directors in consultation with those organizations: 247
1. The state attorney's office. 248
2. The medical examiner's office. 249
3. The local Department of Children and Families child 250
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protective investigations unit. 251
4. The Department of Health Child Protection Team. 252
5. The community-based care lead agency. 253
6. State, county, or local law enforcement agencies. 254
7. The school district. 255
8. A mental health treatment provider. 256
9. A certified domestic violence center or certified 257
domestic violence service provider . 258
10. A substance abuse treatment provider. 259
11. Any other members that are determined by guidelines 260
developed by the State Child Abuse Death Review Committee. 261
262
To the extent possible, individuals from these organizations or 263
entities who, in a professional capacity, dealt with a child 264
whose death is verified as caused by abuse or neglect, or with 265
the family of the child, shall attend any meetings where the 266
child's case is reviewed. The members of a local committee shall 267
be appointed to 2-year terms and may be reappointed. Members 268
shall serve without compensation but may receive reimbursement 269
for per diem and travel expenses incurred in the performance of 270
their duties as provided in s. 112.061 and to the extent that 271
funds are available. 272
Section 10. Paragraph (c) of subsection (4) of section 273
414.065, Florida Statutes, is amended to read: 274
414.065 Noncompliance with work requirements. — 275
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(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES. —Unless 276
otherwise provided, the situations listed in th is subsection 277
shall constitute exceptions to the penalties for noncompliance 278
with participation requirements, except that these situations do 279
not constitute exceptions to the applicable time limit for 280
receipt of temporary cash assistance: 281
(c) Noncompliance related to treatment or remediation of 282
past effects of domestic violence. —An individual who is 283
determined to be unable to comply with the work requirements 284
under this section due to mental or physical impairment related 285
to past incidents of domestic vio lence may be exempt from work 286
requirements, except that such individual shall comply with a 287
plan that specifies alternative requirements that prepare the 288
individual for self-sufficiency while providing for the safety 289
of the individual and the individual's dependents. A participant 290
who is determined to be out of compliance with the alternative 291
requirement plan shall be subject to the penalties under 292
subsection (1). The plan must include counseling or a course of 293
treatment necessary for the individual to resu me participation. 294
The need for treatment and the expected duration of such 295
treatment must be verified by a physician licensed under chapter 296
458 or chapter 459; a psychologist licensed under s. 490.005(1), 297
s. 490.006, or the provision identified as s. 490.0 13(2) in s. 298
1, chapter 81-235, Laws of Florida; a therapist as defined in s. 299
491.003(2) or (6); or a treatment professional listed who is 300
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registered under s. 39.905(1)(g), is authorized to maintain 301
confidentiality under s. 90.5036(1)(d), and has a minimum of 2 302
years' years experience at a certified domestic violence center 303
or certified domestic violence service provider . An exception 304
granted under this paragraph does not automatically constitute 305
an exception from the time limitations on benefits specified 306
under s. 414.105. 307
Section 11. Paragraph (g) of subsection (9) of section 308
414.095, Florida Statutes, is amended to read: 309
414.095 Determining eligibility for temporary cash 310
assistance.— 311
(9) OPPORTUNITIES AND OBLIGATIONS. —An applicant for 312
temporary cash assistance has the following opportunities and 313
obligations: 314
(g) To receive information regarding services available 315
from certified domestic violence centers , certified domestic 316
violence service providers, or other organizations that provide 317
counseling and supportive services to individuals who are past 318
or present victims of domestic violence , dating violence, or 319
stalking or who are at risk of domestic violence , dating 320
violence, or stalking and, upon request, to be referred to such 321
organizations in a manner which protects the individual's 322
confidentiality. 323
Section 12. Paragraph (b) of subsection (1) of section 324
415.1103, Florida Statutes, is amended to read: 325
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415.1103 Elder abuse fatality review teams. — 326
(1) 327
(b) An elder abuse fatality review team may include, but 328
is not limited to, representatives from any of the following 329
entities or persons located in the review team's judicial 330
circuit: 331
1. Law enforcement agencies. 332
2. The state attorney. 333
3. The medical examiner. 334
4. A county court judge. 335
5. Adult protective services. 336
6. The area agency on aging. 337
7. The State Long-Term Care Ombudsman Program. 338
8. The Agency for Health Care Administration. 339
9. The Office of the Attorney General. 340
10. The Office of the State Courts Administrator. 341
11. The clerk of the court. 342
12. A victim services program. 343
13. An elder law attorney. 344
14. Emergency services personnel. 345
15. A certified domestic violence center or certified 346
domestic violence service provider . 347
16. An advocacy organization for victims of sexual 348
violence. 349
17. A funeral home director. 350
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18. A forensic pathologist. 351
19. A geriatrician. 352
20. A geriatric nurse. 353
21. A geriatric psychiatrist or other individual licensed 354
to offer behavioral health s ervices. 355
22. A hospital discharge planner. 356
23. A public guardian. 357
24. Any other persons who have knowledge regarding fatal 358
incidents of elder abuse, domestic violence, or sexual violence, 359
including knowledge of research, policy, law, and other matter s 360
connected with such incidents involving elders, or who are 361
recommended for inclusion by the review team. 362
Section 13. Paragraph (a) of subsection (1) of section 363
456.031, Florida Statutes, is amended to read: 364
456.031 Requirement for instruction on domestic violence.— 365
(1)(a) The appropriate board shall require each person 366
licensed or certified under chapter 458, chapter 459, part I of 367
chapter 464, chapter 466, chapter 467, chapter 490, or chapter 368
491 to complete a 2-hour continuing education course , approved 369
by the board, on domestic violence, as defined in s. 741.28, as 370
part of every third biennial relicensure or recertification. The 371
course shall consist of information on the number of patients in 372
that professional's practice who are likely to be v ictims of 373
domestic violence and the number who are likely to be 374
perpetrators of domestic violence, screening procedures for 375
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determining whether a patient has any history of being either a 376
victim or a perpetrator of domestic violence, and instruction on 377
how to provide such patients with information on, or how to 378
refer such patients to, resources in the local community, such 379
as domestic violence centers , domestic violence service 380
providers, and other advocacy groups, that provide legal aid, 381
shelter, victim counseling, batterer counseling, or child 382
protection services. 383
Section 14. Paragraph (a) of subsection (2) of section 384
490.014, Florida Statutes, is amended to read: 385
490.014 Exemptions. — 386
(2) No person shall be required to be licensed or 387
provisionally licensed under this chapter who: 388
(a) Is a salaried employee of a government agency; a 389
developmental disability facility or program; a mental health, 390
alcohol, or drug abuse facility operating under chapter 393, 391
chapter 394, or chapter 397; the statewide c hild care resource 392
and referral network operating under s. 1002.92; a child -placing 393
or child-caring agency licensed pursuant to chapter 409; a 394
domestic violence center or domestic violence service provider 395
certified pursuant to chapter 39; an accredited ac ademic 396
institution; or a research institution, if such employee is 397
performing duties for which he or she was trained and hired 398
solely within the confines of such agency, facility, or 399
institution, so long as the employee is not held out to the 400
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public as a psychologist pursuant to s. 490.012(1)(a). 401
Section 15. Paragraph (a) of subsection (4) of section 402
491.014, Florida Statutes, is amended to read: 403
491.014 Exemptions. — 404
(4) No person shall be required to be licensed, 405
provisionally licensed, registered, or certified under this 406
chapter who: 407
(a) Is a salaried employee of a government agency; a 408
developmental disability facility or program; a mental health, 409
alcohol, or drug abuse facility operating under chapter 393, 410
chapter 394, or chapter 397; the statew ide child care resource 411
and referral network operating under s. 1002.92; a child -placing 412
or child-caring agency licensed pursuant to chapter 409; a 413
domestic violence center or domestic violence service provider 414
certified pursuant to chapter 39; an accredit ed academic 415
institution; or a research institution, if such employee is 416
performing duties for which he or she was trained and hired 417
solely within the confines of such agency, facility, or 418
institution, so long as the employee is not held out to the 419
public as a clinical social worker, mental health counselor, or 420
marriage and family therapist. 421
Section 16. Subsections (1) and (2) of section 741.29, 422
Florida Statutes, are amended to read: 423
741.29 Domestic violence; investigation of incidents; 424
notice to victims of legal rights and remedies; reporting. — 425
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(1) Any law enforcement officer who investigates an 426
alleged incident of domestic violence shall assist the victim to 427
obtain medical treatment if such is required as a result of the 428
alleged incident to which th e officer responds. Any law 429
enforcement officer who investigates an alleged incident of 430
domestic violence shall advise the victim of such violence that 431
there is a domestic violence center or domestic violence service 432
provider from which the victim may rece ive services. The law 433
enforcement officer shall give the victim immediate notice of 434
the legal rights and remedies available on a standard form 435
developed and distributed by the department. As necessary, the 436
department shall revise the Legal Rights and Remed ies Notice to 437
Victims to include a general summary of s. 741.30 using simple 438
English as well as Spanish, and shall distribute the notice as a 439
model form to be used by all law enforcement agencies throughout 440
the state. The notice shall include: 441
(a) The resource listing, including telephone number, for 442
the local certified area domestic violence center and local 443
certified domestic violence service provider, if any, designated 444
by the Department of Children and Families; and 445
(b) A copy of the following state ment: "IF YOU ARE THE 446
VICTIM OF DOMESTIC VIOLENCE, you may ask the state attorney to 447
file a criminal complaint. You also have the right to go to 448
court and file a petition requesting an injunction for 449
protection from domestic violence which may include, but need 450
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not be limited to, provisions which restrain the abuser from 451
further acts of abuse; direct the abuser to leave your 452
household; prevent the abuser from entering your residence, 453
school, business, or place of employment; award you custody of 454
your minor child or children; and direct the abuser to pay 455
support to you and the minor children if the abuser has a legal 456
obligation to do so." 457
(2) When a law enforcement officer investigates an 458
allegation that an incident of domestic violence has occurred, 459
the officer shall handle the incident pursuant to the arrest 460
policy provided in s. 901.15(7), and as developed in accordance 461
with subsections (3), (4), and (5). Whether or not an arrest is 462
made, the officer shall make a written police report that is 463
complete and clearly indicates the alleged offense was an 464
incident of domestic violence. Such report shall be given to the 465
officer's supervisor and filed with the law enforcement agency 466
in a manner that will permit data on domestic violence cases to 467
be compiled. Such report must include: 468
(a) A description of physical injuries observed, if any. 469
(b) If a law enforcement officer decides not to make an 470
arrest or decides to arrest two or more parties, the officer 471
shall include in the report the grounds for not arresting anyone 472
or for arresting two or more parties. 473
(c) A statement which indicates that a copy of the legal 474
rights and remedies notice was given to the victim. 475
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476
Whenever possible, the law enforcement officer shall obtain a 477
written statement from the victim an d witnesses concerning the 478
alleged domestic violence. The officer shall submit the report 479
to the supervisor or other person to whom the employer's rules 480
or policies require reports of similar allegations of criminal 481
activity to be made. The law enforcement agency shall, without 482
charge, send a copy of the initial police report, as well as any 483
subsequent, supplemental, or related report, which excludes 484
victim/witness statements or other materials that are part of an 485
active criminal investigation and are exemp t from disclosure 486
under chapter 119, to the nearest local locally certified 487
domestic violence center and local certified domestic violence 488
service provider, if any, within 24 hours after the agency's 489
receipt of the report. The report furnished to the domes tic 490
violence center or domestic violence service provider must 491
include a narrative description of the domestic violence 492
incident. 493
Section 17. Paragraph (c) of subsection (2), paragraph (a) 494
of subsection (6), and subsection (7) of section 741.30, Florid a 495
Statutes, are amended to read: 496
741.30 Domestic violence; injunction; powers and duties of 497
court and clerk; petition; notice and hearing; temporary 498
injunction; issuance of injunction; statewide verification 499
system; enforcement; public records exemption. — 500
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(2) 501
(c)1. The clerk of the court shall assist petitioners in 502
seeking both injunctions for protection against domestic 503
violence and enforcement for a violation thereof as specified in 504
this section. 505
2. All clerks' offices shall provide simplified peti tion 506
forms for the injunction, any modifications, and the enforcement 507
thereof, including instructions for completion. 508
3. The clerk of the court shall advise petitioners of the 509
opportunity to apply for a certificate of indigence in lieu of 510
prepayment for the cost of the filing fee, as provided in 511
paragraph (a). 512
4. The clerk of the court shall ensure the petitioner's 513
privacy to the extent practical while completing the forms for 514
injunctions for protection against domestic violence. 515
5. The clerk of the court shall provide petitioners with a 516
minimum of two certified copies of the order of injunction, one 517
of which is serviceable and will inform the petitioner of the 518
process for service and enforcement. 519
6. Clerks of court and appropriate staff in each cou nty 520
shall receive training in the effective assistance of 521
petitioners as provided or approved by the Florida Association 522
of Court Clerks. 523
7. The clerk of the court in each county shall make 524
available informational brochures on domestic violence when such 525
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brochures are provided by local certified domestic violence 526
centers or local certified domestic violence service providers . 527
8. The clerk of the court in each county shall distribute 528
a statewide uniform informational brochure to petitioners at the 529
time of filing for an injunction for protection against domestic 530
or repeat violence when such brochures become available. The 531
brochure must include information about the effect of giving the 532
court false information about domestic violence. 533
(6)(a) Upon notice a nd hearing, when it appears to the 534
court that the petitioner is either the victim of domestic 535
violence as defined by s. 741.28 or has reasonable cause to 536
believe he or she is in imminent danger of becoming a victim of 537
domestic violence, the court may grant such relief as the court 538
deems proper, including an injunction: 539
1. Restraining the respondent from committing any acts of 540
domestic violence. 541
2. Awarding to the petitioner the exclusive use and 542
possession of the dwelling that the parties share or exclu ding 543
the respondent from the residence of the petitioner. 544
3. On the same basis as provided in chapter 61, providing 545
the petitioner with 100 percent of the time -sharing in a 546
temporary parenting plan that remains in effect until the order 547
expires or an order is entered by a court of competent 548
jurisdiction in a pending or subsequent civil action or 549
proceeding affecting the placement of, access to, parental time 550
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with, adoption of, or parental rights and responsibilities for 551
the minor child. 552
4. On the same basis as provided in chapter 61, 553
establishing temporary support for a minor child or children or 554
the petitioner. An order of temporary support remains in effect 555
until the order expires or an order is entered by a court of 556
competent jurisdiction in a pending or subsequent civil action 557
or proceeding affecting child support. 558
5. Ordering the respondent to participate in treatment, 559
intervention, or counseling services to be paid for by the 560
respondent. When the court orders the respondent to participate 561
in a batterers' intervention program, the court, or any entity 562
designated by the court, must provide the respondent with a list 563
of batterers' intervention programs from which the respondent 564
must choose a program in which to participate. 565
6. Referring a petitioner to a certified domestic violence 566
center or certified domestic violence service provider . The 567
court must provide the petitioner with a list of certified 568
domestic violence centers or certified domestic violence service 569
providers in the circuit which the pet itioner may contact. 570
7. Awarding to the petitioner the exclusive care, 571
possession, or control of an animal that is owned, possessed, 572
harbored, kept, or held by the petitioner, the respondent, or a 573
minor child residing in the residence or household of the 574
petitioner or respondent. The court may order the respondent to 575
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have no contact with the animal and prohibit the respondent from 576
taking, transferring, encumbering, concealing, harming, or 577
otherwise disposing of the animal. This subparagraph does not 578
apply to an animal owned primarily for a bona fide agricultural 579
purpose, as defined under s. 193.461, or to a service animal, as 580
defined under s. 413.08, if the respondent is the service 581
animal's handler. 582
8. Ordering such other relief as the court deems neces sary 583
for the protection of a victim of domestic violence, including 584
injunctions or directives to law enforcement agencies, as 585
provided in this section. 586
(7) The court shall allow an advocate from a state 587
attorney's office, an advocate from a law enforceme nt agency, or 588
an advocate from a certified domestic violence center or 589
certified domestic violence service provider who is registered 590
under s. 39.905 to be present with the petitioner or respondent 591
during any court proceedings or hearings related to the 592
injunction for protection, provided the petitioner or respondent 593
has made such a request and the advocate is able to be present. 594
Section 18. Paragraph (d) of subsection (1) of section 595
741.316, Florida Statutes, is amended to read: 596
741.316 Domestic viol ence fatality review teams; 597
definition; membership; duties. — 598
(1) As used in this section, the term "domestic violence 599
fatality review team" means an organization that includes, but 600
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is not limited to, representatives from the following agencies 601
or organizations: 602
(d) Certified domestic violence centers or certified 603
domestic violence service providers . 604
Section 19. Subsections (11) and (12) of section 784.046, 605
Florida Statutes, are amended to read: 606
784.046 Action by victim of repeat violence, sexual 607
violence, or dating violence for protective injunction; dating 608
violence investigations, notice to victims, and reporting; 609
pretrial release violations; public records exemption. — 610
(11) Any law enforcement officer who investigates an 611
alleged incident of dat ing violence shall assist the victim to 612
obtain medical treatment if such is required as a result of the 613
alleged incident to which the officer responds. Any law 614
enforcement officer who investigates an alleged incident of 615
dating violence shall advise the vic tim of such violence that 616
there are is a domestic violence centers or domestic violence 617
service providers center from which the victim may receive 618
services. The law enforcement officer shall give the victim 619
immediate notice of the legal rights and remedies available on a 620
standard form developed and distributed by the Department of Law 621
Enforcement. As necessary, the Department of Law Enforcement 622
shall revise the Legal Rights and Remedies Notice to Victims to 623
include a general summary of this section, using s imple English 624
as well as Spanish, and shall distribute the notice as a model 625
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form to be used by all law enforcement agencies throughout the 626
state. The notice shall include: 627
(a) The resource listing, including telephone number, for 628
the local certified area domestic violence center or local 629
certified domestic violence service provider, if any, designated 630
by the Department of Children and Families; and 631
(b) A copy of the following statement: "IF YOU ARE THE 632
VICTIM OF DATING VIOLENCE, you may ask the state a ttorney to 633
file a criminal complaint. You also have the right to go to 634
court and file a petition requesting an injunction for 635
protection from dating violence which may include, but need not 636
be limited to, provisions that restrain the abuser from further 637
acts of abuse; direct the abuser to leave your household; and 638
prevent the abuser from entering your residence, school, 639
business, or place of employment." 640
(12) When a law enforcement officer investigates an 641
allegation that an incident of dating violence has occurred, the 642
officer shall handle the incident pursuant to the arrest policy 643
provided in s. 901.15(7), and as developed in accordance with 644
subsections (13), (14), and (16). Whether or not an arrest is 645
made, the officer shall make a written police report that is 646
complete and clearly indicates that the alleged offense was an 647
incident of dating violence. Such report shall be given to the 648
officer's supervisor and filed with the law enforcement agency 649
in a manner that will permit data on dating violence cases to be 650
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compiled. Such report must include: 651
(a) A description of physical injuries observed, if any. 652
(b) If a law enforcement officer decides not to make an 653
arrest or decides to arrest two or more parties, the grounds for 654
not arresting anyone or for arre sting two or more parties. 655
(c) A statement which indicates that a copy of the legal 656
rights and remedies notice was given to the victim. 657
658
Whenever possible, the law enforcement officer shall obtain a 659
written statement from the victim and witnesses concern ing the 660
alleged dating violence. The officer shall submit the report to 661
the supervisor or other person to whom the employer's rules or 662
policies require reports of similar allegations of criminal 663
activity to be made. The law enforcement agency shall, withou t 664
charge, send a copy of the initial police report, as well as any 665
subsequent, supplemental, or related report, which excludes 666
victim or witness statements or other materials that are part of 667
an active criminal investigation and are exempt from disclosure 668
under chapter 119, to the nearest local locally certified 669
domestic violence center and local certified domestic violence 670
service provider, if any, within 24 hours after the agency's 671
receipt of the report. The report furnished to the domestic 672
violence center and domestic violence service provider must 673
include a narrative description of the dating violence incident. 674
Section 20. Paragraph (c) of subsection (2), paragraph (a) 675
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of subsection (6), and subsection (7) of section 784.0485, 676
Florida Statutes, are amended to read: 677
784.0485 Stalking; injunction; powers and duties of court 678
and clerk; petition; notice and hearing; temporary injunction; 679
issuance of injunction; statewide verification system; 680
enforcement.— 681
(2) 682
(c)1. The clerk of the court shall assis t petitioners in 683
seeking both injunctions for protection against stalking and 684
enforcement of a violation thereof as specified in this section. 685
2. All offices of the clerk of the court shall provide 686
simplified petition forms for the injunction and any 687
modifications to and the enforcement thereof, including 688
instructions for completion. 689
3. The clerk of the court shall ensure the petitioner's 690
privacy to the extent practicable while completing the forms for 691
an injunction for protection against stalking. 692
4. The clerk of the court shall provide a petitioner with 693
a minimum of two certified copies of the order of injunction, 694
one of which is serviceable and will inform the petitioner of 695
the process for service and enforcement. 696
5. The clerk of the court and app ropriate staff in each 697
county shall receive training in the effective assistance of 698
petitioners as provided or approved by the Florida Association 699
of Court Clerks and Comptrollers. 700
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6. The clerk of the court in each county shall make 701
available information al brochures on stalking when such a 702
brochure is provided by the local certified domestic violence 703
center, local certified domestic violence service provider, or 704
certified rape crisis center. 705
7. The clerk of the court in each county shall distribute 706
a statewide uniform informational brochure to petitioners at the 707
time of filing for an injunction for protection against stalking 708
when such brochures become available. The brochure must include 709
information about the effect of giving the court false 710
information. 711
(6)(a) Upon notice and hearing, when it appears to the 712
court that the petitioner is the victim of stalking, the court 713
may grant such relief as the court deems proper, including an 714
injunction: 715
1. Restraining the respondent from committing any act of 716
stalking. 717
2. Ordering the respondent to participate in treatment, 718
intervention, or counseling services to be paid for by the 719
respondent. 720
3. Referring a petitioner to appropriate services. The 721
court may provide the petitioner with a list of certified 722
domestic violence centers, certified domestic violence service 723
providers, certified rape crisis centers, and other appropriate 724
referrals in the circuit which the petitioner may contact. 725
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4. Ordering such other relief as the court deems necessary 726
for the protection of a victim of stalking, including 727
injunctions or directives to law enforcement agencies, as 728
provided in this section. 729
(7) The court shall allow an advocate from a state 730
attorney's office, a law enforcement agency, a certified rape 731
crisis center, or a certified domestic violence center , or a 732
certified domestic violence service provider who is registered 733
under s. 39.905 to be present with the petitioner or respondent 734
during any court proceedings or hearings related to the 735
injunction for protection i f the petitioner or respondent has 736
made such a request and the advocate is able to be present. 737
Section 21. Subsection (4) of section 944.705, Florida 738
Statutes, is amended to read: 739
944.705 Release orientation program. — 740
(4) Any inmate who claims to b e a victim of domestic 741
violence as defined in s. 741.28 shall receive, as part of the 742
release orientation program, referral to the nearest domestic 743
violence center and domestic violence service provider, if any, 744
certified under chapter 39. 745
Section 22. Paragraph (c) of subsection (2) of section 746
960.198, Florida Statutes, is amended to read: 747
960.198 Relocation assistance for victims of domestic 748
violence.— 749
(2) In order for an award to be granted to a victim for 750
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relocation assistance: 751
(c) The victim's need for assistance must be certified by 752
a certified domestic violence center or certified domestic 753
violence service provider in the this state; and 754
Section 23. Subsection (2) of section 984.071, Florida 755
Statutes, is amended to read: 756
984.071 Resources and information.— 757
(2) The department, in collaboration with organizations 758
that provide expertise, training, and advocacy in the areas of 759
family and domestic violence, shall develop and maintain updated 760
information and materials describing resources an d services 761
available to parents and legal custodians who are victims of 762
domestic violence committed by children or who fear that they 763
will become victims of such acts and to children who have 764
committed acts of domestic violence or who demonstrate behaviors 765
that may escalate into domestic violence. Such resources and 766
services shall include, but are not limited to, those available 767
under this chapter, domestic violence services available under 768
chapter 39, and juvenile justice services available pursuant to 769
chapter 985, including prevention, diversion, detention, and 770
alternative placements. The materials shall describe how parents 771
and legal custodians may access the resources and services in 772
their local area. The department shall post this information on 773
its website and make the materials available to certified 774
domestic violence centers, certified domestic violence service 775
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providers, other organizations serving victims of domestic 776
violence, clerks of court, law enforcement agencies, and other 777
appropriate organiza tions for distribution to the public. 778
Section 24. Paragraph (e) of subsection (1) of section 779
1002.81, Florida Statutes, is amended to read: 780
1002.81 Definitions. —Consistent with the requirements of 781
45 C.F.R. parts 98 and 99 and as used in this part, t he term: 782
(1) "At-risk child" means: 783
(e) A child in the custody of a parent who is considered a 784
victim of domestic violence and is receiving services through a 785
certified domestic violence center or certified domestic 786
violence service provider . 787
Section 25. This act shall take effect July 1, 2022. 788