Florida Senate - 2022 SB 654 By Senator Cruz 18-00662A-22 2022654__ 1 A bill to be entitled 2 An act relating to protective injunctions; amending s. 3 741.30, F.S.; deleting an obsolete date; specifying a 4 timeframe in which the clerk of the court must 5 transmit specified documents relating to an injunction 6 for protection against domestic violence to the 7 appropriate local sheriff or law enforcement agency; 8 providing for the electronic transmission of certain 9 documents rather than by facsimile; providing that 10 electronically submitted copies of injunctions must be 11 served in the same manner as certified copies; making 12 conforming and technical changes; amending ss. 784.046 13 and 784.0485, F.S.; specifying a timeframe in which 14 the clerk of the court must transmit specified 15 documents relating to injunctions for protection 16 against repeat violence, sexual violence, or dating 17 violence and against stalking, respectively, to the 18 appropriate local sheriff or law enforcement agency; 19 providing for the electronic transmission of certain 20 documents rather than by facsimile; providing that 21 electronically submitted copies of injunctions must be 22 served in the same manner as certified copies; making 23 conforming and technical changes; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1.Paragraph (a) of subsection (2) and subsection 29 (8) of section 741.30, Florida Statutes, are amended to read: 30 741.30Domestic violence; injunction; powers and duties of 31 court and clerk; petition; notice and hearing; temporary 32 injunction; issuance of injunction; statewide verification 33 system; enforcement; public records exemption. 34 (2)(a)Notwithstanding any other provision of law, the 35 assessment of a filing fee for a petition for protection against 36 domestic violence is prohibited effective October 1, 2002. 37 However, subject to legislative appropriation, the clerk of the 38 circuit court may, on a quarterly basis, submit to the Office of 39 the State Courts Administrator a certified request for 40 reimbursement for petitions for protection against domestic 41 violence issued by the court, at the rate of $40 per petition. 42 The request for reimbursement must shall be submitted in the 43 form and manner prescribed by the Office of the State Courts 44 Administrator. From this reimbursement, the clerk shall pay any 45 law enforcement agency serving the injunction the fee requested 46 by the law enforcement agency; however, this fee may shall not 47 exceed $20. 48 (8)(a)1.Within 24 hours after the court issues an 49 injunction for protection against domestic violence, the clerk 50 of the court shall electronically transmit furnish a copy of the 51 petition, financial affidavit, Uniform Child Custody 52 Jurisdiction and Enforcement Act affidavit, if any, notice of 53 hearing, and temporary injunction, if any, to the sheriff or a 54 law enforcement agency of the county where the respondent 55 resides or can be found, who shall serve it upon the respondent 56 as soon thereafter as possible on any day of the week and at any 57 time of the day or night. An electronic When requested by the 58 sheriff, the clerk of the court may transmit a facsimile copy of 59 an injunction must be that has been certified by the clerk of 60 the court, and the electronic this facsimile copy must may be 61 served in the same manner as a certified copy. Upon receiving an 62 electronic a facsimile copy of the injunction, the sheriff must 63 verify receipt with the sender before attempting to serve it 64 upon the respondent. In addition, if the sheriff is in 65 possession of an injunction for protection that has been 66 certified by the clerk of the court, the sheriff may 67 electronically transmit a facsimile copy of that injunction to a 68 law enforcement officer who shall serve it in the same manner as 69 a certified copy. The clerk of the court is shall be responsible 70 for furnishing to the sheriff such information on the 71 respondents physical description and location as is required by 72 the department to comply with the verification procedures set 73 forth in this section. Notwithstanding any other provision of 74 law to the contrary, the chief judge of each circuit, in 75 consultation with the appropriate sheriff, may authorize a law 76 enforcement agency within the jurisdiction to effect service. A 77 law enforcement agency serving injunctions pursuant to this 78 section must shall use service and verification procedures 79 consistent with those of the sheriff. 80 2.When an injunction is issued, if the petitioner requests 81 the assistance of a law enforcement agency, the court may order 82 that an officer from the appropriate law enforcement agency 83 accompany the petitioner and assist in placing the petitioner in 84 possession of the dwelling or residence, or otherwise assist in 85 the execution or service of the injunction. A law enforcement 86 officer must shall accept a copy of an injunction for protection 87 against domestic violence, certified by the clerk of the court, 88 from the petitioner and immediately serve it upon a respondent 89 who has been located but not yet 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 original 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 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 specifying 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 injunction 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 Verification 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 relating 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 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 the 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 of 147 Court Clerks and Comptrollers shall develop an automated process 148 by which a petitioner may request notification of service of the 149 injunction for protection against domestic violence and other 150 court actions related to the injunction for protection. The 151 automated notice must shall be made within 12 hours after the 152 sheriff or other law enforcement officer serves the injunction 153 upon the respondent. The notification must include, at a 154 minimum, the date, time, and location where the injunction for 155 protection against domestic violence was served. The Florida 156 Association of Court Clerks and Comptrollers may apply for any 157 available grants to fund the development of the automated 158 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: 169 784.046Action 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 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 as 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 addition, 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 same 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 respondents physical description and location as is required by 196 the department to comply with the verification procedures set 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 enforcement agency within the chief judges 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 requests 207 the assistance of a law enforcement agency, the court may order 208 that an officer from the appropriate law enforcement agency 209 accompany the petitioner and assist in the execution or service 210 of the injunction. A law enforcement officer must shall accept a 211 copy of an injunction for protection against repeat violence, 212 sexual violence, or dating violence, certified by the clerk of 213 the court, from the petitioner and immediately serve it upon a 214 respondent who has 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 maintain 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 injunctions 223 issued by the courts throughout the state. Such information must 224 include, but is not limited to, information as to the existence 225 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 protection 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 transmitting such information to the 250 department. 251 5.Subject to available funding, the Florida Association of 252 Court Clerks and Comptrollers shall develop an automated process 253 by which a petitioner may request notification of service of the 254 injunction for protection against repeat violence, sexual 255 violence, or dating violence and other court actions related to 256 the injunction for protection. The automated notice must shall 257 be made within 12 hours after the sheriff or other law 258 enforcement officer serves the injunction upon the respondent. 259 The notification must include, at a minimum, the date, time, and 260 location where the injunction for protection against repeat 261 violence, sexual violence, or dating violence was served. The 262 Florida Association of Court Clerks and Comptrollers may apply 263 for any available grants to fund the development of the 264 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 rendered 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 receiving 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 Statutes, is amended to read: 276 784.0485Stalking; 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 thereafter 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 sheriff such information concerning the respondents 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 enforcement 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 protection 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 original order. If a 324 party fails or refuses to acknowledge the receipt of a certified 325 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 the 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 the 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 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 information 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 provided 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 July 1, 2022.