HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
A bill to be entitled 1
An act relating to interpersonal violence injunction 2
petitions; amending ss. 741.30, 784.046, and 784.0485, 3
F.S.; revising verification requirements for specified 4
interpersonal violence injunction petitions; providing 5
an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Paragraph (a) of subsection (1) and subsection 10
(3) of section 741.30, Florida Statutes, are a mended to read: 11
741.30 Domestic violence; injunction; powers and duties of 12
court and clerk; petition; notice and hearing; temporary 13
injunction; issuance of injunction; statewide verification 14
system; enforcement; public records exemption. — 15
(1) There is created a cause of action for an injunction 16
for protection against domestic violence. 17
(a) Any person described in paragraph (e), who is either 18
the victim of domestic violence as defined in s. 741.28 or has 19
reasonable cause to believe he or she is in immi nent danger of 20
becoming the victim of any act of domestic violence, has 21
standing in the circuit court to file a verified sworn petition 22
for an injunction for protection against domestic violence. 23
(3)(a) The verified sworn petition must allege the 24
existence of such domestic violence and must include the 25
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
specific facts and circumstances upon the basis of which relief 26
is sought. 27
(b) The verified sworn petition shall be in substantially 28
the following form: 29
PETITION FOR 30
INJUNCTION FOR PROTECTION 31
AGAINST DOMESTIC VIOLENCE 32
Before me, The undersigned authority, personally appeared 33
petitioner ...(name)... declares under penalty of perjury , who 34
has been sworn and says that the following statements are true: 35
(a) Petitioner resides at: ...(address)... 36
(Petitioner may furnish address to the court in a separate 37
confidential filing if, for safety reasons, the petitioner 38
requires the location of the current residence to be 39
confidential.) 40
(b) Respondent resides at: ...(last known address)... 41
(c) Respondent's last known place of employment: ...(name 42
of business and address)... 43
(d) Physical description of respondent: ................... 44
Race........ 45
Sex........ 46
Date of birth........ 47
Height........ 48
Weight........ 49
Eye color........ 50
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
Hair color........ 51
Distinguishing marks or scars........ 52
(e) Aliases of respondent: ............................... 53
(f) Respondent is the spouse or former spouse of the 54
petitioner or is any other person related by blood or marriage 55
to the petitioner or is any other person who is or was residing 56
within a single dwelling unit with the petitioner, as if a 57
family, or is a person with whom the petitioner has a child in 58
common, regardless of whether the petitioner and respondent are 59
or were married or residing together, as if a family. 60
(g) The following describes any other cause of action 61
currently pending between the petitioner and respondent: ........ 62
63
The petitioner should also describe any previous or pending 64
attempts by the petitioner to obtain an injunction for 65
protection against domestic violence in this or any other 66
circuit, and the results of that attempt: ....................... 67
68
Case numbers should be included if available. 69
(h) Petitioner is either a victim of domestic violence or 70
has reasonable cause to believe he or she is in imminent danger 71
of becoming a victim of domestic violence because res pondent 72
has: ...(mark all sections that apply and describe in the spaces 73
below the incidents of violence or threats of violence, 74
specifying when and where they occurred, including, but not 75
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
limited to, locations such as a home, school, place of 76
employment, or visitation exchange)... 77
................................................................ 78
................................................................ 79
....committed or threatened to commit domestic violence 80
defined in s. 741.28, Florida Statutes, as any assault, 81
aggravated assault, battery, aggravated battery, sexual assault, 82
sexual battery, stalking, aggravated stalking, kidnapping, false 83
imprisonment, or any criminal offense resulting in physical 84
injury or death of one family or household member by another. 85
With the exception of persons who are parents of a child in 86
common, the family or household members must be currently 87
residing or have in the past resided together in the same single 88
dwelling unit. 89
....previously threatened, harassed, stalked, o r physically 90
abused the petitioner. 91
....attempted to harm the petitioner or family members or 92
individuals closely associated with the petitioner. 93
....threatened to conceal, kidnap, or harm the petitioner's 94
child or children. 95
....intentionally injured or killed a family pet. 96
....used, or has threatened to use, against the petitioner 97
any weapons such as guns or knives. 98
....physically restrained the petitioner from leaving the 99
home or calling law enforcement. 100
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
....a criminal history involving violence or the threat of 101
violence (if known). 102
....another order of protection issued against him or her 103
previously or from another jurisdiction (if known). 104
....destroyed personal property, including, but not limited 105
to, telephones or other communication equipment, clothing, or 106
other items belonging to the petitioner. 107
....engaged in a pattern of abusive, threatening, 108
intimidating, or controlling behavior composed of a series of 109
acts over a period of time, however short. 110
....engaged in any other behavior or conduct that leads the 111
petitioner to have reasonable cause to believe he or she is in 112
imminent danger of becoming a victim of domestic violence. 113
(i) Petitioner alleges the following additional specific 114
facts: ...(mark appropriate sections)... 115
....A minor child or minor children reside with the 116
petitioner whose names and ages are as follows: ................. 117
118
....Petitioner needs the exclusive use and possession of 119
the dwelling that the parties share. 120
....Petitioner is unable to obtain safe alternative housing 121
because: ................................ ...................... 122
123
....Petitioner genuinely fears that respondent imminently 124
will abuse, remove, or hide the minor child or children from 125
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
petitioner because: ................................ ............ 126
127
(j) Petitioner genuinely fears imminent domestic violence 128
by respondent. 129
(k) Petitioner seeks an injunction: ... (mark appropriate 130
section or sections)... 131
....Immediately restraining the respondent from committing 132
any acts of domestic violence. 133
....Restraining the respondent from committing any acts of 134
domestic violence. 135
....Awarding to the petitioner the temporar y exclusive use 136
and possession of the dwelling that the parties share or 137
excluding the respondent from the residence of the petitioner. 138
....Providing a temporary parenting plan, including a 139
temporary time-sharing schedule, with regard to the minor child 140
or children of the parties which might involve prohibiting or 141
limiting time-sharing or requiring that it be supervised by a 142
third party. 143
....Establishing temporary support for the minor child or 144
children or the petitioner. 145
....Directing the respondent to participate in a batterers' 146
intervention program. 147
....Providing any terms the court deems necessary for the 148
protection of a victim of domestic violence, or any minor 149
children of the victim, including any injunctions or directives 150
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
to law enforcement agenci es. 151
(c) Every petition for an injunction against domestic 152
violence must contain, directly above the signature line, a 153
statement in all capital letters and bold type not smaller than 154
the surrounding text, as follows: 155
156
I HAVE READ EVERY STATEMENT MADE IN T HIS PETITION AND EACH 157
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 158
MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, 159
PUNISHABLE AS PROVIDED IN SECTION 92.525 837.02, FLORIDA 160
STATUTES. 161
...(initials)... 162
(d) If the verified sworn petition seeks to determine a 163
parenting plan and time -sharing schedule with regard to the 164
minor child or children of the parties, the verified sworn 165
petition must be accompanied by or must incorporate the 166
allegations required by s. 61.522 of the Unif orm Child Custody 167
Jurisdiction and Enforcement Act. 168
Section 2. Subsections (2) and (4) of section 784.046, 169
Florida Statutes, are amended to read: 170
784.046 Action by victim of repeat violence, sexual 171
violence, or dating violence for protective injuncti on; dating 172
violence investigations, notice to victims, and reporting; 173
pretrial release violations; public records exemption. — 174
(2) There is created a cause of action for an injunction 175
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
for protection in cases of repeat violence, there is created a 176
separate cause of action for an injunction for protection in 177
cases of dating violence, and there is created a separate cause 178
of action for an injunction for protection in cases of sexual 179
violence. 180
(a) Any person who is the victim of repeat violence or the 181
parent or legal guardian of any minor child who is living at 182
home and who seeks an injunction for protection against repeat 183
violence on behalf of the minor child has standing in the 184
circuit court to file a verified sworn petition for an 185
injunction for protection against repeat violence. 186
(b) Any person who is the victim of dating violence and 187
has reasonable cause to believe he or she is in imminent danger 188
of becoming the victim of another act of dating violence, or any 189
person who has reasonable cause to believe he or she is in 190
imminent danger of becoming the victim of an act of dating 191
violence, or the parent or legal guardian of any minor child who 192
is living at home and who seeks an injunction for protection 193
against dating violence on behalf of that minor child, has 194
standing in the circuit court to file a verified sworn petition 195
for an injunction for protection against dating violence. 196
(c) A person who is the victim of sexual violence or the 197
parent or legal guardian of a minor child who is living at home 198
who is the victim of sexual violence has standing in the circuit 199
court to file a verified sworn petition for an injunction for 200
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
protection against sexual violence on his or her own behalf or 201
on behalf of the minor child if: 202
1. The person has reported the sexual violence to a law 203
enforcement agency and is cooperating in any criminal proceeding 204
against the respondent, regardless of whether criminal charges 205
based on the sexual violence have been filed, reduced, or 206
dismissed by the state attorney; or 207
2. The respondent who committed the sexual violence 208
against the victim or minor child was sentenced to a term of 209
imprisonment in state prison for the sexual violence and the 210
respondent's term of imprisonment has expired or is due to 211
expire within 90 days following the d ate the petition is filed. 212
(d) A cause of action for an injunction may be sought 213
whether or not any other petition, complaint, or cause of action 214
is currently available or pending between the parties. 215
(e) A cause of action for an injunction does not re quire 216
that the petitioner be represented by an attorney. 217
(4)(a) The verified sworn petition shall allege the 218
incidents of repeat violence, sexual violence, or dating 219
violence and shall include the specific facts and circumstances 220
that form the basis upon which relief is sought. With respect to 221
a minor child who is living at home, the pa rent or legal 222
guardian seeking the protective injunction on behalf of the 223
minor child must: 224
1. Have been an eyewitness to, or have direct physical 225
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
evidence or affidavits from eyewitnesses of, the specific facts 226
and circumstances that form the basis upon which relief is 227
sought, if the party against whom the protective injunction is 228
sought is also a parent, stepparent, or legal guardian of the 229
minor child; or 230
2. Have reasonable cause to believe that the minor child 231
is a victim of repeat violence, sexual v iolence, or dating 232
violence to form the basis upon which relief is sought, if the 233
party against whom the protective injunction is sought is a 234
person other than a parent, stepparent, or legal guardian of the 235
minor child. 236
(b) The verified sworn petition must be in substantially 237
the following form: 238
PETITION FOR INJUNCTION FOR PROTECTION 239
AGAINST REPEAT VIOLENCE, SEXUAL 240
VIOLENCE, OR DATING VIOLENCE 241
Before me, The undersigned authority, personally appeared 242
petitioner ...(name)... declares under penalty of perj ury, who 243
has been sworn and says that the following statements are true: 244
1. Petitioner resides at ...(address)... (A petitioner for 245
an injunction for protection against sexual violence may furnish 246
an address to the court in a separate confidential filing if, 247
for safety reasons, the petitioner requires the location of his 248
or her current residence to be confidential pursuant to s. 249
119.071(2)(j), Florida Statutes.) 250
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
2. Respondent resides at ...(address).... 251
3.a. Petitioner has suffered repeat violence as 252
demonstrated by the fact that the respondent has: 253
...(enumerate incidents of violence)... 254
................................ 255
................................ 256
................................ 257
b. Petitioner has suffered sexual violence as demonstrated 258
by the fact that the respondent has: ...(enumerate incident of 259
violence and include incident report number from law enforcement 260
agency or attach notice of inmate release)... 261
................................ 262
................................ 263
..................... ........... 264
c. Petitioner is a victim of dating violence and has 265
reasonable cause to believe that he or she is in imminent danger 266
of becoming the victim of another act of dating violence or has 267
reasonable cause to believe that he or she is in imminent da nger 268
of becoming a victim of dating violence, as demonstrated by the 269
fact that the respondent has: ...(list the specific incident or 270
incidents of violence and describe the length of time of the 271
relationship, whether it has been in existence during the last 6 272
months, the nature of the relationship of a romantic or intimate 273
nature, the frequency and type of interaction, and any other 274
facts that characterize the relationship)... 275
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
................................ 276
................................ 277
................................ 278
4. Petitioner genuinely fears repeat violence by the 279
respondent. 280
5. Petitioner seeks: an immediate injunction against the 281
respondent, enjoining him or her from committing any further 282
acts of violence; an injunction enjoining the respon dent from 283
committing any further acts of violence; and an injunction 284
providing any terms the court deems necessary for the protection 285
of the petitioner and the petitioner's immediate family, 286
including any injunctions or directives to law enforcement 287
agencies. 288
(c) Every petition for an injunction against sexual 289
violence, dating violence, or repeat violence must contain, 290
directly above the signature line, a statement in all capital 291
letters and bold type not smaller than the surrounding text, as 292
follows: 293
294
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 295
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE 296
STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER 297
PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 298
92.525, FLORIDA STATUTES. 299
300
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
(initials) 301
302
Section 3. Paragraph (a) of subsection (1) and paragraphs 303
(a), (b), and (f) of subsection (3) of section 784.0485, Florida 304
Statutes, are amended to read: 305
784.0485 Stalking; injunction; powers and duties of court 306
and clerk; petition; notice and h earing; temporary injunction; 307
issuance of injunction; statewide verification system; 308
enforcement.— 309
(1) There is created a cause of action for an injunction 310
for protection against stalking. For the purposes of injunctions 311
for protection against stalking u nder this section, the offense 312
of stalking shall include the offense of cyberstalking. 313
(a) A person who is the victim of stalking or the parent 314
or legal guardian of a minor child who is living at home who 315
seeks an injunction for protection against stalki ng on behalf of 316
the minor child has standing in the circuit court to file a 317
verified sworn petition for an injunction for protection against 318
stalking. 319
(3)(a) The verified sworn petition shall allege the 320
existence of such stalking and shall include the specific facts 321
and circumstances for which relief is sought. 322
(b) The verified sworn petition shall be in substantially 323
the following form: 324
PETITION FOR INJUNCTION 325
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
FOR PROTECTION AGAINST STALKING 326
Before me, The undersigned authority, personally appeared 327
petitioner ...(name)... declares under penalty of perjury , who 328
has been sworn and says that the following statements are true: 329
1. Petitioner resides at: ...(address)... 330
(Petitioner may furnish the address to the court in a separate 331
confidential filing if, for safety reasons, the petitioner 332
requires the location of the current residence to be 333
confidential.) 334
2. Respondent resides at: ...(last known address)... 335
3. Respondent's last known place of employment: ...(name of 336
business and address)... 337
4. Physical description of respondent: .... 338
5. Race: .... 339
6. Sex: .... 340
7. Date of birth: .... 341
8. Height: .... 342
9. Weight: .... 343
10. Eye color: .... 344
11. Hair color: .... 345
12. Distinguishing marks or scars: .... 346
13. Aliases of respondent: .... 347
(f) Every petition for an injunction against stalking must 348
contain, directly above the signature line, a statement in all 349
capital letters and bold type not smaller than the surrounding 350
HB 761 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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
text, as follows: 351
352
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 353
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 354
MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, 355
PUNISHABLE AS PROVIDED IN SECTION 92.525 837.02, FLORIDA 356
STATUTES. 357
...(initials)... 358
Section 4. This act shall take effect July 1, 2024. 359