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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
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
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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
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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