Florida 2022 Regular Session

Florida House Bill H0905 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to protective injunctions; amending s. 2
1616 741.30, F.S.; deleting an obsolete date; specifying a 3
1717 timeframe in which the clerk of the court must 4
1818 transmit specified documents relating to an injunction 5
1919 for protection against domestic violence to the 6
2020 appropriate local sheriff or law enforcement agency; 7
2121 providing for the electronic transmission of certain 8
2222 documents rather than by facsimile; providing t hat 9
2323 electronically submitted copies of injunctions must be 10
2424 served in the same manner as certified copies; making 11
2525 conforming and technical changes; amending ss. 784.046 12
2626 and 784.0485, F.S.; specifying a timeframe in which 13
2727 the clerk of the court must transmit specified 14
2828 documents relating to injunctions for protection 15
2929 against repeat violence, sexual violence, or dating 16
3030 violence and against stalking, respectively, to the 17
3131 appropriate local sheriff or law enforcement agency; 18
3232 providing for the electronic transmissi on of certain 19
3333 documents rather than by facsimile; providing that 20
3434 electronically submitted copies of injunctions must be 21
3535 served in the same manner as certified copies; making 22
3636 conforming and technical changes; providing an 23
3737 effective date. 24
3838 25
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4747 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
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5151 Be It Enacted by the Legislature of the State of Florida: 26
5252 27
5353 Section 1. Paragraph (a) of subsection (2) and subsection 28
5454 (8) of section 741.30, Florida Statutes, are amended to read: 29
5555 741.30 Domestic violence; injunction; powers and duties of 30
5656 court and clerk; petition; notice and hearing; temporary 31
5757 injunction; issuance of injunction; statewide verification 32
5858 system; enforcement; public records exemption. — 33
5959 (2)(a) Notwithstanding any other provision of law, the 34
6060 assessment of a filing fee for a petition for protection agai nst 35
6161 domestic violence is prohibited effective October 1, 2002 . 36
6262 However, subject to legislative appropriation, the clerk of the 37
6363 circuit court may, on a quarterly basis, submit to the Office of 38
6464 the State Courts Administrator a certified request for 39
6565 reimbursement for petitions for protection against domestic 40
6666 violence issued by the court, at the rate of $40 per petition. 41
6767 The request for reimbursement must shall be submitted in the 42
6868 form and manner prescribed by the Office of the State Courts 43
6969 Administrator. From this reimbursement, the clerk shall pay any 44
7070 law enforcement agency serving the injunction the fee requested 45
7171 by the law enforcement agency; however, this fee may shall not 46
7272 exceed $20. 47
7373 (8)(a)1. Within 24 hours after the court issues an 48
7474 injunction for prote ction against domestic violence, the clerk 49
7575 of the court shall electronically transmit furnish a copy of the 50
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8484 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
8585
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8888 petition, financial affidavit, Uniform Child Custody 51
8989 Jurisdiction and Enforcement Act affidavit, if any, notice of 52
9090 hearing, and temporary injunction , if any, to the sheriff or a 53
9191 law enforcement agency of the county where the respondent 54
9292 resides or can be found, who shall serve it upon the respondent 55
9393 as soon thereafter as possible on any day of the week and at any 56
9494 time of the day or night. An electronic When requested by the 57
9595 sheriff, the clerk of the court may transmit a facsimile copy of 58
9696 an injunction must be that has been certified by the clerk of 59
9797 the court, and the electronic this facsimile copy must may be 60
9898 served in the same manner as a certified cop y. Upon receiving an 61
9999 electronic a facsimile copy of the injunction, the sheriff must 62
100100 verify receipt with the sender before attempting to serve it 63
101101 upon the respondent. In addition, if the sheriff is in 64
102102 possession of an injunction for protection that has bee n 65
103103 certified by the clerk of the court, the sheriff may 66
104104 electronically transmit a facsimile copy of that injunction to a 67
105105 law enforcement officer who shall serve it in the same manner as 68
106106 a certified copy. The clerk of the court is shall be responsible 69
107107 for furnishing to the sheriff such information on the 70
108108 respondent's physical description and location as is required by 71
109109 the department to comply with the verification procedures set 72
110110 forth in this section. Notwithstanding any other provision of 73
111111 law to the contrary, the chief judge of each circuit, in 74
112112 consultation with the appropriate sheriff, may authorize a law 75
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121121 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
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125125 enforcement agency within the jurisdiction to effect service. A 76
126126 law enforcement agency serving injunctions pursuant to this 77
127127 section must shall use service and verification procedures 78
128128 consistent with those of the sheriff. 79
129129 2. When an injunction is issued, if the petitioner 80
130130 requests the assistance of a law enforcement agency, the court 81
131131 may order that an officer from the appropriate law enforcement 82
132132 agency accompany the petitioner and assist in placing the 83
133133 petitioner in possession of the dwelling or residence, or 84
134134 otherwise assist in the execution or service of the injunction. 85
135135 A law enforcement officer must shall accept a copy of an 86
136136 injunction for protection agai nst domestic violence, certified 87
137137 by the clerk of the court, from the petitioner and immediately 88
138138 serve it upon a respondent who has been located but not yet 89
139139 served. 90
140140 3. All orders issued, changed, continued, extended, or 91
141141 vacated subsequent to the original service of documents 92
142142 enumerated under subparagraph 1. must, shall be certified by the 93
143143 clerk of the court and delivered to the parties at the time of 94
144144 the entry of the order. The parties may acknowledge receipt of 95
145145 such order in writing on the face of the ori ginal order. In the 96
146146 event a party fails or refuses to acknowledge the receipt of a 97
147147 certified copy of an order, the clerk shall note on the original 98
148148 order that service was effected. If delivery at the hearing is 99
149149 not possible, the clerk shall mail certified copies of the order 100
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158158 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
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162162 to the parties at the last known address of each party. Service 101
163163 by mail is complete upon mailing. When an order is served 102
164164 pursuant to this subsection, the clerk shall prepare a written 103
165165 certification to be placed in the court file specif ying the 104
166166 time, date, and method of service and shall notify the sheriff. 105
167167 106
168168 If the respondent has been served previously with the temporary 107
169169 injunction and has failed to appear at the initial hearing on 108
170170 the temporary injunction, any subsequent petition for in junction 109
171171 seeking an extension of time may be served on the respondent by 110
172172 the clerk of the court by certified mail in lieu of personal 111
173173 service by a law enforcement officer. 112
174174 (b) There shall be created A Domestic and Repeat Violence 113
175175 Injunction Statewide Ver ification System is created within the 114
176176 Department of Law Enforcement. The department shall establish, 115
177177 implement, and maintain a statewide communication system capable 116
178178 of electronically transmitting information to and between 117
179179 criminal justice agencies relat ing to domestic violence 118
180180 injunctions and repeat violence injunctions issued by the courts 119
181181 throughout the state. Such information must include, but is not 120
182182 limited to, information as to the existence and status of any 121
183183 injunction for verification purposes. 122
184184 (c)1. Within 24 hours after the court issues an injunction 123
185185 for protection against domestic violence or changes, continues, 124
186186 extends, or vacates an injunction for protection against 125
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195195 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
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199199 domestic violence, the clerk of the court must electronically 126
200200 transmit forward a certified copy of the injunction for service 127
201201 to the sheriff with jurisdiction over the residence of the 128
202202 petitioner. The injunction must be served in accordance with 129
203203 this subsection. 130
204204 2. Within 24 hours after service of process of an 131
205205 injunction for protection against domestic violence upon a 132
206206 respondent, the law enforcement officer must electronically 133
207207 transmit forward the written proof of service of process to the 134
208208 sheriff with jurisdiction over the residence of the petitioner. 135
209209 3. Within 24 hours after the sheriff receives a certified 136
210210 copy of the injunction for protection against domestic violence, 137
211211 the sheriff must make information relating to the injunction 138
212212 available to other law enforcement agencies by electronically 139
213213 transmitting such information to t he department. 140
214214 4. Within 24 hours after the sheriff or other law 141
215215 enforcement officer has made service upon the respondent and the 142
216216 sheriff has been so notified, the sheriff must make information 143
217217 relating to the service available to other law enforcement 144
218218 agencies by electronically transmitting such information to the 145
219219 department. 146
220220 5. Subject to available funding, the Florida Association 147
221221 of Court Clerks and Comptrollers shall develop an automated 148
222222 process by which a petitioner may request notification of 149
223223 service of the injunction for protection against domestic 150
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232232 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
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234234
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236236 violence and other court actions related to the injunction for 151
237237 protection. The automated notice must shall be made within 12 152
238238 hours after the sheriff or other law enforcement officer serves 153
239239 the injunction upon the respondent. The notification must 154
240240 include, at a minimum, the date, time, and location where the 155
241241 injunction for protection against domestic violence was served. 156
242242 The Florida Association of Court Clerks and Comptrollers may 157
243243 apply for any available grants to fund the development of the 158
244244 automated process. 159
245245 6. Within 24 hours after an injunction for protection 160
246246 against domestic violence is vacated, terminated, or otherwise 161
247247 rendered no longer effective by ruling of the court, the clerk 162
248248 of the court must notify the sheriff receiving original 163
249249 notification of the injunction as provided in subparagraph 2. 164
250250 That agency shall, within 24 hours after receiving such 165
251251 notification from the clerk of the court, notify the department 166
252252 of such action of the court. 167
253253 Section 2. Subsection (8) of section 784.046, Florida 168
254254 Statutes, is amended to read: 169
255255 784.046 Action by victim of repeat violence, sexual 170
256256 violence, or dating violence for protective injunction; dating 171
257257 violence investigations, notice to victims, and report ing; 172
258258 pretrial release violations; public records exemption. — 173
259259 (8)(a)1. Within 24 hours after the court issues an 174
260260 injunction for protection against repeat violence, sexual 175
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269269 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
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273273 violence, or dating violence, the clerk of the court shall 176
274274 electronically transmit furnish a copy of the petition, notice 177
275275 of hearing, and temporary injunction, if any, to the sheriff or 178
276276 a law enforcement agency of the county where the respondent 179
277277 resides or can be found, who shall serve it upon the respondent 180
278278 as soon thereafter as possible on any day of the week and at any 181
279279 time of the day or night. An electronic When requested by the 182
280280 sheriff, the clerk of the court may transmit a facsimile copy of 183
281281 an injunction must be that has been certified by the clerk of 184
282282 the court, and the electronic this facsimile copy must may be 185
283283 served in the same manner as a certified copy. Upon receiving an 186
284284 electronic a facsimile copy of the injunction, the sheriff must 187
285285 verify receipt with the sender before attempting to serve it 188
286286 upon the respondent. In addition, if the sheriff is in 189
287287 possession of an injunction for protection that has been 190
288288 certified by the clerk of the court, the sheriff may 191
289289 electronically transmit a facsimile copy of that injunction to a 192
290290 law enforcement officer who shall serve it in the same manner as 193
291291 a certified copy. The clerk of the court is shall be responsible 194
292292 for furnishing to the sheriff such information on the 195
293293 respondent's physical description and location as is required by 196
294294 the department to comply with the verification procedures set 197
295295 forth in this section. Notwithstanding any other provision of 198
296296 law to the contrary, the chief judge of each circuit, in 199
297297 consultation with the appropriate sheriff, may authorize a law 200
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306306 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
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310310 enforcement agency within the chief judge's jurisdiction to 201
311311 effect this type of s ervice and to receive a portion of the 202
312312 service fee. A No person may not shall be authorized or 203
313313 permitted to serve or execute an injunction issued under this 204
314314 section unless the person is a law enforcement officer as 205
315315 defined in chapter 943. 206
316316 2. When an injunction is issued, if the petitioner 207
317317 requests the assistance of a law enforcement agency, the court 208
318318 may order that an officer from the appropriate law enforcement 209
319319 agency accompany the petitioner and assist in the execution or 210
320320 service of the injunction. A la w enforcement officer must shall 211
321321 accept a copy of an injunction for protection against repeat 212
322322 violence, sexual violence, or dating violence, certified by the 213
323323 clerk of the court, from the petitioner and immediately serve it 214
324324 upon a respondent who has been lo cated but not yet served. 215
325325 (b) There shall be created A Domestic, Dating, Sexual, and 216
326326 Repeat Violence Injunction Statewide Verification System is 217
327327 created within the Department of Law Enforcement. The department 218
328328 shall establish, implement, and maintain a s tatewide 219
329329 communication system capable of electronically transmitting 220
330330 information to and between criminal justice agencies relating to 221
331331 domestic violence injunctions, dating violence injunctions, 222
332332 sexual violence injunctions, and repeat violence injunctions 223
333333 issued by the courts throughout the state. Such information must 224
334334 include, but is not limited to, information as to the existence 225
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343343 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
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347347 and status of any injunction for verification purposes. 226
348348 (c)1. Within 24 hours after the court issues an injunction 227
349349 for protection against repeat violence, sexual violence, or 228
350350 dating violence or changes or vacates an injunction for 229
351351 protection against repeat violence, sexual violence, or dating 230
352352 violence, the clerk of the court must electronically transmit 231
353353 forward a copy of the injunction to the sheriff with 232
354354 jurisdiction over the residence of the petitioner. 233
355355 2. Within 24 hours after service of process of an 234
356356 injunction for protection against repeat violence, sexual 235
357357 violence, or dating violence upon a respondent, the law 236
358358 enforcement officer must electronically transmit forward the 237
359359 written proof of service of process to the sheriff with 238
360360 jurisdiction over the residence of the petitioner. 239
361361 3. Within 24 hours after the sheriff receives a certified 240
362362 copy of the injunction for protection ag ainst repeat violence, 241
363363 sexual violence, or dating violence, the sheriff must make 242
364364 information relating to the injunction available to other law 243
365365 enforcement agencies by electronically transmitting such 244
366366 information to the department. 245
367367 4. Within 24 hours aft er the sheriff or other law 246
368368 enforcement officer has made service upon the respondent and the 247
369369 sheriff has been so notified, the sheriff must make information 248
370370 relating to the service available to other law enforcement 249
371371 agencies by electronically transmitting such information to the 250
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380380 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
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384384 department. 251
385385 5. Subject to available funding, the Florida Association 252
386386 of Court Clerks and Comptrollers shall develop an automated 253
387387 process by which a petitioner may request notification of 254
388388 service of the injunction for protection ag ainst repeat 255
389389 violence, sexual violence, or dating violence and other court 256
390390 actions related to the injunction for protection. The automated 257
391391 notice must shall be made within 12 hours after the sheriff or 258
392392 other law enforcement officer serves the injunction up on the 259
393393 respondent. The notification must include, at a minimum, the 260
394394 date, time, and location where the injunction for protection 261
395395 against repeat violence, sexual violence, or dating violence was 262
396396 served. The Florida Association of Court Clerks and Comptrolle rs 263
397397 may apply for any available grants to fund the development of 264
398398 the automated process. 265
399399 6. Within 24 hours after an injunction for protection 266
400400 against repeat violence, sexual violence, or dating violence is 267
401401 lifted, terminated, or otherwise rendered no lon ger effective by 268
402402 ruling of the court, the clerk of the court must notify the 269
403403 sheriff or local law enforcement agency receiving original 270
404404 notification of the injunction as provided in subparagraph 2. 271
405405 That agency shall, within 24 hours after receiving such 272
406406 notification from the clerk of the court, notify the department 273
407407 of such action of the court. 274
408408 Section 3. Subsection (8) of section 784.0485, Florida 275
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417417 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
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421421 Statutes, is amended to read: 276
422422 784.0485 Stalking; injunction; powers and duties of court 277
423423 and clerk; petition; notice and hearing; temporary injunction; 278
424424 issuance of injunction; statewide verification system; 279
425425 enforcement.— 280
426426 (8)(a)1. Within 24 hours after the court issues an 281
427427 injunction for protection against stalking, the clerk of the 282
428428 court shall electronically transmit furnish a copy of the 283
429429 petition, notice of hearing, and temporary injunction, if any, 284
430430 to the sheriff or a law enforcement agency of the county where 285
431431 the respondent resides or can be found, who shall serve it upon 286
432432 the respondent as soon thereafter as possible on any day of the 287
433433 week and at any time of the day or night. An electronic When 288
434434 requested by the sheriff, the clerk of the court may transmit a 289
435435 facsimile copy of an injunction must be that has been certified 290
436436 by the clerk of the court, and the electronic this facsimile 291
437437 copy must may be served in the same manner as a certified copy. 292
438438 Upon receiving an electronic a facsimile copy of the injunction, 293
439439 the sheriff must verify receipt with the sender before 294
440440 attempting to serve it on the respondent. In addition, if the 295
441441 sheriff is in possession of an injunction for protection that 296
442442 has been certified by the clerk of the court, the sheriff may 297
443443 electronically transmit a facsimile copy of that injunction to a 298
444444 law enforcement officer who shall serve it in the same manner as 299
445445 a certified copy. The clerk of the court shall furnish to the 300
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454454 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
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458458 sheriff such information concerning the respondent's physical 301
459459 description and location as is required by the Department of Law 302
460460 Enforcement to comply with the verification procedures set forth 303
461461 in this section. Notwithstanding any other law, the chief judge 304
462462 of each circuit, in consultation with the appropriate sheriff, 305
463463 may authorize a law enforcement agency within the jurisdiction 306
464464 to effect service. A law enforcement agency serving injunctions 307
465465 pursuant to this section must shall use service and verification 308
466466 procedures consistent with those of the sheriff. 309
467467 2. If an injunction is issu ed and the petitioner requests 310
468468 the assistance of a law enforcement agency, the court may order 311
469469 that an officer from the appropriate law enforcement agency 312
470470 accompany the petitioner to assist in the execution or service 313
471471 of the injunction. A law enforcement o fficer must shall accept a 314
472472 copy of an injunction for protection against stalking, certified 315
473473 by the clerk of the court, from the petitioner and immediately 316
474474 serve it upon a respondent who has been located but not yet 317
475475 served. 318
476476 3. An order issued, changed, co ntinued, extended, or 319
477477 vacated subsequent to the original service of documents 320
478478 enumerated under subparagraph 1. must shall be certified by the 321
479479 clerk of the court and delivered to the parties at the time of 322
480480 the entry of the order. The parties may acknowledge receipt of 323
481481 such order in writing on the face of the original order. If a 324
482482 party fails or refuses to acknowledge the receipt of a certified 325
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491491 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
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495495 copy of an order, the clerk shall note on the original order 326
496496 that service was effected. If delivery at the hearing is not 327
497497 possible, the clerk shall mail certified copies of the order to 328
498498 the parties at the last known address of each party. Service by 329
499499 mail is complete upon mailing. When an order is served pursuant 330
500500 to this subsection, the clerk shall prepare a written 331
501501 certification to be placed in the court file specifying the 332
502502 time, date, and method of service and shall notify the sheriff. 333
503503 4. If the respondent has been served previously with a 334
504504 temporary injunction and has failed to appear at the initial 335
505505 hearing on the temporary injunction, any subsequent petition for 336
506506 injunction seeking an extension of time may be served on the 337
507507 respondent by the clerk of the court by certified mail in lieu 338
508508 of personal service by a law enforcement officer. 339
509509 (b)1. Within 24 hours after the co urt issues an injunction 340
510510 for protection against stalking or changes, continues, extends, 341
511511 or vacates an injunction for protection against stalking, the 342
512512 clerk of the court must electronically transmit forward a 343
513513 certified copy of the injunction for service to the sheriff 344
514514 having jurisdiction over the residence of the petitioner. The 345
515515 injunction must be served in accordance with this subsection. 346
516516 2. Within 24 hours after service of process of an 347
517517 injunction for protection against stalking upon a respondent, 348
518518 the law enforcement officer must electronically transmit forward 349
519519 the written proof of service of process to the sheriff having 350
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528528 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
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532532 jurisdiction over the residence of the petitioner. 351
533533 3. Within 24 hours after the sheriff receives a certified 352
534534 copy of the injunction for protection against stalking, the 353
535535 sheriff must make information relating to the injunction 354
536536 available to other law enforcement agencies by electronically 355
537537 transmitting such information to the Department of Law 356
538538 Enforcement. 357
539539 4. Within 24 hours after the s heriff or other law 358
540540 enforcement officer has made service upon the respondent and the 359
541541 sheriff has been so notified, the sheriff must make information 360
542542 relating to the service available to other law enforcement 361
543543 agencies by electronically transmitting such inf ormation to the 362
544544 Department of Law Enforcement. 363
545545 5. Within 24 hours after an injunction for protection 364
546546 against stalking is vacated, terminated, or otherwise rendered 365
547547 no longer effective by ruling of the court, the clerk of the 366
548548 court must notify the sheriff receiving original notification of 367
549549 the injunction as provided in subparagraph 2. That agency shall, 368
550550 within 24 hours after receiving such notification from the clerk 369
551551 of the court, notify the Department of Law Enforcement of such 370
552552 action of the court. 371
553553 Section 4. This act shall take effect October 1, 2022. 372