ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 1 of 15 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 1 An act relating to protective injunctions; amending s. 2 741.30, F.S.; deleting an obsolete date; specifying a 3 timeframe in which the clerk of the court must 4 transmit specified documents relating to an injunction 5 for protection against domestic violence to the 6 appropriate local sheriff or law enforcement agency; 7 providing for the electronic transmission of certain 8 documents rather than by facsimile; providing t hat 9 electronically submitted copies of injunctions must be 10 served in the same manner as certified copies; making 11 conforming and technical changes; amending ss. 784.046 12 and 784.0485, F.S.; specifying a timeframe in which 13 the clerk of the court must transmit specified 14 documents relating to injunctions for protection 15 against repeat violence, sexual violence, or dating 16 violence and against stalking, respectively, to the 17 appropriate local sheriff or law enforcement agency; 18 providing for the electronic transmissi on of certain 19 documents rather than by facsimile; providing that 20 electronically submitted copies of injunctions must be 21 served in the same manner as certified copies; making 22 conforming and technical changes; providing an 23 effective date. 24 25 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 2 of 15 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 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Paragraph (a) of subsection (2) and subsection 28 (8) of section 741.30, Florida Statutes, are amended to read: 29 741.30 Domestic violence; injunction; powers and duties of 30 court and clerk; petition; notice and hearing; temporary 31 injunction; issuance of injunction; statewide verification 32 system; enforcement; public records exemption. — 33 (2)(a) Notwithstanding any other provision of law, the 34 assessment of a filing fee for a petition for protection agai nst 35 domestic violence is prohibited effective October 1, 2002 . 36 However, subject to legislative appropriation, the clerk of the 37 circuit court may, on a quarterly basis, submit to the Office of 38 the State Courts Administrator a certified request for 39 reimbursement for petitions for protection against domestic 40 violence issued by the court, at the rate of $40 per petition. 41 The request for reimbursement must shall be submitted in the 42 form and manner prescribed by the Office of the State Courts 43 Administrator. From this reimbursement, the clerk shall pay any 44 law enforcement agency serving the injunction the fee requested 45 by the law enforcement agency; however, this fee may shall not 46 exceed $20. 47 (8)(a)1. Within 24 hours after the court issues an 48 injunction for prote ction against domestic violence, the clerk 49 of the court shall electronically transmit furnish a copy of the 50 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 3 of 15 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 petition, financial affidavit, Uniform Child Custody 51 Jurisdiction and Enforcement Act affidavit, if any, notice of 52 hearing, and temporary injunction , if any, to the sheriff or a 53 law enforcement agency of the county where the respondent 54 resides or can be found, who shall serve it upon the respondent 55 as soon thereafter as possible on any day of the week and at any 56 time of the day or night. An electronic When requested by the 57 sheriff, the clerk of the court may transmit a facsimile copy of 58 an injunction must be that has been certified by the clerk of 59 the court, and the electronic this facsimile copy must may be 60 served in the same manner as a certified cop y. Upon receiving an 61 electronic a facsimile copy of the injunction, the sheriff must 62 verify receipt with the sender before attempting to serve it 63 upon the respondent. In addition, if the sheriff is in 64 possession of an injunction for protection that has bee n 65 certified by the clerk of the court, the sheriff may 66 electronically transmit a facsimile copy of that injunction to a 67 law enforcement officer who shall serve it in the same manner as 68 a certified copy. The clerk of the court is shall be responsible 69 for furnishing to the sheriff such information on the 70 respondent's physical description and location as is required by 71 the department to comply with the verification procedures set 72 forth in this section. Notwithstanding any other provision of 73 law to the contrary, the chief judge of each circuit, in 74 consultation with the appropriate sheriff, may authorize a law 75 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 4 of 15 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 enforcement agency within the jurisdiction to effect service. A 76 law enforcement agency serving injunctions pursuant to this 77 section must shall use service and verification procedures 78 consistent with those of the sheriff. 79 2. When an injunction is issued, if the petitioner 80 requests the assistance of a law enforcement agency, the court 81 may order that an officer from the appropriate law enforcement 82 agency accompany the petitioner and assist in placing the 83 petitioner in possession of the dwelling or residence, or 84 otherwise assist in the execution or service of the injunction. 85 A law enforcement officer must shall accept a copy of an 86 injunction for protection agai nst domestic violence, certified 87 by the clerk of the court, from the petitioner and immediately 88 serve it upon a respondent who has been located but not yet 89 served. 90 3. All orders issued, changed, continued, extended, or 91 vacated subsequent to the original service of documents 92 enumerated under subparagraph 1. must, shall be certified by the 93 clerk of the court and delivered to the parties at the time of 94 the entry of the order. The parties may acknowledge receipt of 95 such order in writing on the face of the ori ginal order. In the 96 event a party fails or refuses to acknowledge the receipt of a 97 certified copy of an order, the clerk shall note on the original 98 order that service was effected. If delivery at the hearing is 99 not possible, the clerk shall mail certified copies of the order 100 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 5 of 15 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 to the parties at the last known address of each party. Service 101 by mail is complete upon mailing. When an order is served 102 pursuant to this subsection, the clerk shall prepare a written 103 certification to be placed in the court file specif ying the 104 time, date, and method of service and shall notify the sheriff. 105 106 If the respondent has been served previously with the temporary 107 injunction and has failed to appear at the initial hearing on 108 the temporary injunction, any subsequent petition for in junction 109 seeking an extension of time may be served on the respondent by 110 the clerk of the court by certified mail in lieu of personal 111 service by a law enforcement officer. 112 (b) There shall be created A Domestic and Repeat Violence 113 Injunction Statewide Ver ification System is created within the 114 Department of Law Enforcement. The department shall establish, 115 implement, and maintain a statewide communication system capable 116 of electronically transmitting information to and between 117 criminal justice agencies relat ing to domestic violence 118 injunctions and repeat violence injunctions issued by the courts 119 throughout the state. Such information must include, but is not 120 limited to, information as to the existence and status of any 121 injunction for verification purposes. 122 (c)1. Within 24 hours after the court issues an injunction 123 for protection against domestic violence or changes, continues, 124 extends, or vacates an injunction for protection against 125 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 6 of 15 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 domestic violence, the clerk of the court must electronically 126 transmit forward a certified copy of the injunction for service 127 to the sheriff with jurisdiction over the residence of the 128 petitioner. The injunction must be served in accordance with 129 this subsection. 130 2. Within 24 hours after service of process of an 131 injunction for protection against domestic violence upon a 132 respondent, the law enforcement officer must electronically 133 transmit forward the written proof of service of process to the 134 sheriff with jurisdiction over the residence of the petitioner. 135 3. Within 24 hours after the sheriff receives a certified 136 copy of the injunction for protection against domestic violence, 137 the sheriff must make information relating to the injunction 138 available to other law enforcement agencies by electronically 139 transmitting such information to t he department. 140 4. Within 24 hours after the sheriff or other law 141 enforcement officer has made service upon the respondent and the 142 sheriff has been so notified, the sheriff must make information 143 relating to the service available to other law enforcement 144 agencies by electronically transmitting such information to the 145 department. 146 5. Subject to available funding, the Florida Association 147 of Court Clerks and Comptrollers shall develop an automated 148 process by which a petitioner may request notification of 149 service of the injunction for protection against domestic 150 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 7 of 15 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 violence and other court actions related to the injunction for 151 protection. The automated notice must shall be made within 12 152 hours after the sheriff or other law enforcement officer serves 153 the injunction upon the respondent. The notification must 154 include, at a minimum, the date, time, and location where the 155 injunction for protection against domestic violence was served. 156 The Florida Association of Court Clerks and Comptrollers may 157 apply for any available grants to fund the development of the 158 automated process. 159 6. Within 24 hours after an injunction for protection 160 against domestic violence is vacated, terminated, or otherwise 161 rendered no longer effective by ruling of the court, the clerk 162 of the court must notify the sheriff receiving original 163 notification of the injunction as provided in subparagraph 2. 164 That agency shall, within 24 hours after receiving such 165 notification from the clerk of the court, notify the department 166 of such action of the court. 167 Section 2. Subsection (8) of section 784.046, Florida 168 Statutes, is amended to read: 169 784.046 Action by victim of repeat violence, sexual 170 violence, or dating violence for protective injunction; dating 171 violence investigations, notice to victims, and reporting; 172 pretrial release violations; public records exemption. — 173 (8)(a)1. Within 24 hours after the court issues an 174 injunction for protection against repeat violence, sexual 175 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 8 of 15 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 violence, or dating violence, the clerk of the court shall 176 electronically transmit furnish a copy of the petition, notice 177 of hearing, and temporary injunction, if any, to the sheriff or 178 a law enforcement agency of the county where the respondent 179 resides or can be found, who shall serve it upon the respondent 180 as soon thereafter a s possible on any day of the week and at any 181 time of the day or night. An electronic When requested by the 182 sheriff, the clerk of the court may transmit a facsimile copy of 183 an injunction must be that has been certified by the clerk of 184 the court, and the electronic this facsimile copy must may be 185 served in the same manner as a certified copy. Upon receiving an 186 electronic a facsimile copy of the injunction, the sheriff must 187 verify receipt with the sender before attempting to serve it 188 upon the respondent. In ad dition, if the sheriff is in 189 possession of an injunction for protection that has been 190 certified by the clerk of the court, the sheriff may 191 electronically transmit a facsimile copy of that injunction to a 192 law enforcement officer who shall serve it in the sa me manner as 193 a certified copy. The clerk of the court is shall be responsible 194 for furnishing to the sheriff such information on the 195 respondent's physical description and location as is required by 196 the department to comply with the verification procedures s et 197 forth in this section. Notwithstanding any other provision of 198 law to the contrary, the chief judge of each circuit, in 199 consultation with the appropriate sheriff, may authorize a law 200 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 9 of 15 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 enforcement agency within the chief judge's jurisdiction to 201 effect this type of service and to receive a portion of the 202 service fee. A No person may not shall be authorized or 203 permitted to serve or execute an injunction issued under this 204 section unless the person is a law enforcement officer as 205 defined in chapter 943. 206 2. When an injunction is issued, if the petitioner 207 requests the assistance of a law enforcement agency, the court 208 may order that an officer from the appropriate law enforcement 209 agency accompany the petitioner and assist in the execution or 210 service of the injunc tion. A law enforcement officer must shall 211 accept a copy of an injunction for protection against repeat 212 violence, sexual violence, or dating violence, certified by the 213 clerk of the court, from the petitioner and immediately serve it 214 upon a respondent who h as been located but not yet served. 215 (b) There shall be created A Domestic, Dating, Sexual, and 216 Repeat Violence Injunction Statewide Verification System is 217 created within the Department of Law Enforcement. The department 218 shall establish, implement, and ma intain a statewide 219 communication system capable of electronically transmitting 220 information to and between criminal justice agencies relating to 221 domestic violence injunctions, dating violence injunctions, 222 sexual violence injunctions, and repeat violence inj unctions 223 issued by the courts throughout the state. Such information must 224 include, but is not limited to, information as to the existence 225 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 10 of 15 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 and status of any injunction for verification purposes. 226 (c)1. Within 24 hours after the court issues an injunction 227 for protection against repeat violence, sexual violence, or 228 dating violence or changes or vacates an injunction for 229 protection against repeat violence, sexual violence, or dating 230 violence, the clerk of the court must electronically transmit 231 forward a copy of the injunction to the sheriff with 232 jurisdiction over the residence of the petitioner. 233 2. Within 24 hours after service of process of an 234 injunction for protection against repeat violence, sexual 235 violence, or dating violence upon a respondent, the law 236 enforcement officer must electronically transmit forward the 237 written proof of service of process to the sheriff with 238 jurisdiction over the residence of the petitioner. 239 3. Within 24 hours after the sheriff receives a certified 240 copy of the injunction for pro tection against repeat violence, 241 sexual violence, or dating violence, the sheriff must make 242 information relating to the injunction available to other law 243 enforcement agencies by electronically transmitting such 244 information to the department. 245 4. Within 24 hours after the sheriff or other law 246 enforcement officer has made service upon the respondent and the 247 sheriff has been so notified, the sheriff must make information 248 relating to the service available to other law enforcement 249 agencies by electronically tra nsmitting such information to the 250 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 11 of 15 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 department. 251 5. Subject to available funding, the Florida Association 252 of Court Clerks and Comptrollers shall develop an automated 253 process by which a petitioner may request notification of 254 service of the injunction for pro tection against repeat 255 violence, sexual violence, or dating violence and other court 256 actions related to the injunction for protection. The automated 257 notice must shall be made within 12 hours after the sheriff or 258 other law enforcement officer serves the inj unction upon the 259 respondent. The notification must include, at a minimum, the 260 date, time, and location where the injunction for protection 261 against repeat violence, sexual violence, or dating violence was 262 served. The Florida Association of Court Clerks and Comptrollers 263 may apply for any available grants to fund the development of 264 the automated process. 265 6. Within 24 hours after an injunction for protection 266 against repeat violence, sexual violence, or dating violence is 267 lifted, terminated, or otherwise rende red no longer effective by 268 ruling of the court, the clerk of the court must notify the 269 sheriff or local law enforcement agency receiving original 270 notification of the injunction as provided in subparagraph 2. 271 That agency shall, within 24 hours after receivi ng such 272 notification from the clerk of the court, notify the department 273 of such action of the court. 274 Section 3. Subsection (8) of section 784.0485, Florida 275 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 12 of 15 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 Statutes, is amended to read: 276 784.0485 Stalking; injunction; powers and duties of court 277 and clerk; petition; notice and hearing; temporary injunction; 278 issuance of injunction; statewide verification system; 279 enforcement.— 280 (8)(a)1. Within 24 hours after the court issues an 281 injunction for protection against stalking, the clerk of the 282 court shall electronically transmit furnish a copy of the 283 petition, notice of hearing, and temporary injunction, if any, 284 to the sheriff or a law enforcement agency of the county where 285 the respondent resides or can be found, who shall serve it upon 286 the respondent as soon t hereafter as possible on any day of the 287 week and at any time of the day or night. An electronic When 288 requested by the sheriff, the clerk of the court may transmit a 289 facsimile copy of an injunction must be that has been certified 290 by the clerk of the court, and the electronic this facsimile 291 copy must may be served in the same manner as a certified copy. 292 Upon receiving an electronic a facsimile copy of the injunction, 293 the sheriff must verify receipt with the sender before 294 attempting to serve it on the respondent. In addition, if the 295 sheriff is in possession of an injunction for protection that 296 has been certified by the clerk of the court, the sheriff may 297 electronically transmit a facsimile copy of that injunction to a 298 law enforcement officer who shall serve it in the same manner as 299 a certified copy. The clerk of the court shall furnish to the 300 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 13 of 15 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 sheriff such information concerning the respondent's physical 301 description and location as is required by the Department of Law 302 Enforcement to comply with the verification procedures set forth 303 in this section. Notwithstanding any other law, the chief judge 304 of each circuit, in consultation with the appropriate sheriff, 305 may authorize a law enforcement agency within the jurisdiction 306 to effect service. A law enforcement agency serving injunctions 307 pursuant to this section must shall use service and verification 308 procedures consistent with those of the sheriff. 309 2. If an injunction is issued and the petitioner requests 310 the assistance of a law en forcement agency, the court may order 311 that an officer from the appropriate law enforcement agency 312 accompany the petitioner to assist in the execution or service 313 of the injunction. A law enforcement officer must shall accept a 314 copy of an injunction for prot ection against stalking, certified 315 by the clerk of the court, from the petitioner and immediately 316 serve it upon a respondent who has been located but not yet 317 served. 318 3. An order issued, changed, continued, extended, or 319 vacated subsequent to the original service of documents 320 enumerated under subparagraph 1. must shall be certified by the 321 clerk of the court and delivered to the parties at the time of 322 the entry of the order. The parties may acknowledge receipt of 323 such order in writing on the face of the orig inal order. If a 324 party fails or refuses to acknowledge the receipt of a certified 325 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 14 of 15 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 copy of an order, the clerk shall note on the original order 326 that service was effected. If delivery at the hearing is not 327 possible, the clerk shall mail certified copies of t he order to 328 the parties at the last known address of each party. Service by 329 mail is complete upon mailing. When an order is served pursuant 330 to this subsection, the clerk shall prepare a written 331 certification to be placed in the court file specifying the 332 time, date, and method of service and shall notify the sheriff. 333 4. If the respondent has been served previously with a 334 temporary injunction and has failed to appear at the initial 335 hearing on the temporary injunction, any subsequent petition for 336 injunction seeking an extension of time may be served on the 337 respondent by the clerk of the court by certified mail in lieu 338 of personal service by a law enforcement officer. 339 (b)1. Within 24 hours after the court issues an injunction 340 for protection against stalking or changes, continues, extends, 341 or vacates an injunction for protection against stalking, the 342 clerk of the court must electronically transmit forward a 343 certified copy of the injunction for service to the sheriff 344 having jurisdiction over the residence of th e petitioner. The 345 injunction must be served in accordance with this subsection. 346 2. Within 24 hours after service of process of an 347 injunction for protection against stalking upon a respondent, 348 the law enforcement officer must electronically transmit forward 349 the written proof of service of process to the sheriff having 350 ENROLLED CS/HB 905 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0905-02-er Page 15 of 15 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 jurisdiction over the residence of the petitioner. 351 3. Within 24 hours after the sheriff receives a certified 352 copy of the injunction for protection against stalking, the 353 sheriff must make in formation relating to the injunction 354 available to other law enforcement agencies by electronically 355 transmitting such information to the Department of Law 356 Enforcement. 357 4. Within 24 hours after the sheriff or other law 358 enforcement officer has made service upon the respondent and the 359 sheriff has been so notified, the sheriff must make information 360 relating to the service available to other law enforcement 361 agencies by electronically transmitting such information to the 362 Department of Law Enforcement. 363 5. Within 24 hours after an injunction for protection 364 against stalking is vacated, terminated, or otherwise rendered 365 no longer effective by ruling of the court, the clerk of the 366 court must notify the sheriff receiving original notification of 367 the injunction as pro vided in subparagraph 2. That agency shall, 368 within 24 hours after receiving such notification from the clerk 369 of the court, notify the Department of Law Enforcement of such 370 action of the court. 371 Section 4. This act shall take effect October 1, 2022. 372