FL
Florida House Bill H0761

Florida 2024 Regular Session

Florida House Bill H0761 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- 1
14+A bill to be entitled 1
1515 An act relating to interpersonal violence injunction 2
1616 petitions; amending ss. 741.30, 784.046, and 784.0485, 3
1717 F.S.; revising verification requirements for specified 4
1818 interpersonal violence injunction petitions; providing 5
1919 an effective date. 6
2020 7
2121 Be It Enacted by the Legislature of the State of Florida: 8
2222 9
2323 Section 1. Paragraph (a) of subsection (1) and subsection 10
2424 (3) of section 741.30, Florida Statutes, are a mended to read: 11
2525 741.30 Domestic violence; injunction; powers and duties of 12
2626 court and clerk; petition; notice and hearing; temporary 13
2727 injunction; issuance of injunction; statewide verification 14
2828 system; enforcement; public records exemption. — 15
2929 (1) There is created a cause of action for an injunction 16
3030 for protection against domestic violence. 17
3131 (a) Any person described in paragraph (e), who is either 18
3232 the victim of domestic violence as defined in s. 741.28 or has 19
3333 reasonable cause to believe he or she is in immi nent danger of 20
3434 becoming the victim of any act of domestic violence, has 21
3535 standing in the circuit court to file a verified sworn petition 22
3636 for an injunction for protection against domestic violence. 23
3737 (3)(a) The verified sworn petition must allege the 24
3838 existence of such domestic violence and must include the 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 specific facts and circumstances upon the basis of which relief 26
5252 is sought. 27
5353 (b) The verified sworn petition shall be in substantially 28
5454 the following form: 29
5555 PETITION FOR 30
5656 INJUNCTION FOR PROTECTION 31
5757 AGAINST DOMESTIC VIOLENCE 32
5858 Before me, The undersigned authority, personally appeared 33
5959 petitioner ...(name)... declares under penalties of perjury , who 34
6060 has been sworn and says that the following statements are true: 35
6161 (a) Petitioner resides at: ...(address)... 36
6262 (Petitioner may furnish address to the court in a separate 37
6363 confidential filing if, for safety reasons, the petitioner 38
6464 requires the location of the current residence to be 39
6565 confidential.) 40
6666 (b) Respondent resides at: ...(last known address)... 41
6767 (c) Respondent's las t known place of employment: ...(name 42
6868 of business and address)... 43
6969 (d) Physical description of respondent: ................... 44
7070 Race........ 45
7171 Sex........ 46
7272 Date of birth........ 47
7373 Height........ 48
7474 Weight........ 49
7575 Eye color........ 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
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8888 Hair color........ 51
8989 Distinguishing marks or scars........ 52
9090 (e) Aliases of respondent: ............................... 53
9191 (f) Respondent is the spouse or former spouse of the 54
9292 petitioner or is any other person related by blood or marriage 55
9393 to the petitioner or is any other person who is or was residing 56
9494 within a single dwelling unit with the petitioner, as if a 57
9595 family, or is a person with whom the petitioner has a child in 58
9696 common, regardless of whether the petitioner and respondent are 59
9797 or were married or residing together, as if a family. 60
9898 (g) The following describes any other cause of action 61
9999 currently pending between the petitioner and respondent: ........ 62
100100 63
101101 The petitioner should also describe any previous or pending 64
102102 attempts by the petitioner to obtain an injunction for 65
103103 protection against domestic violence in this or any other 66
104104 circuit, and the results of that attempt: ....................... 67
105105 68
106106 Case numbers should be included if available. 69
107107 (h) Petitioner is either a victim of domestic violence or 70
108108 has reasonable cause to believe he or she is in imminent danger 71
109109 of becoming a victim of domestic violence because res pondent 72
110110 has: ...(mark all sections that apply and describe in the spaces 73
111111 below the incidents of violence or threats of violence, 74
112112 specifying when and where they occurred, including, but not 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
122122
123123
124124
125125 limited to, locations such as a home, school, place of 76
126126 employment, or visitation exchange)... 77
127127 ................................................................ 78
128128 ................................................................ 79
129129 ....committed or threatened to commit domestic violence 80
130130 defined in s. 741.28, Florida Statutes, as any assault, 81
131131 aggravated assault, battery, aggravated battery, sexual assault, 82
132132 sexual battery, stalking, aggravated stalking, kidnapping, false 83
133133 imprisonment, or any criminal offense resulting in physical 84
134134 injury or death of one family or household member by another. 85
135135 With the exception of persons who are parents of a child in 86
136136 common, the family or household members must be currently 87
137137 residing or have in the past resided together in the same single 88
138138 dwelling unit. 89
139139 ....previously threatened, harassed, stalked, o r physically 90
140140 abused the petitioner. 91
141141 ....attempted to harm the petitioner or family members or 92
142142 individuals closely associated with the petitioner. 93
143143 ....threatened to conceal, kidnap, or harm the petitioner's 94
144144 child or children. 95
145145 ....intentionally injured or killed a family pet. 96
146146 ....used, or has threatened to use, against the petitioner 97
147147 any weapons such as guns or knives. 98
148148 ....physically restrained the petitioner from leaving the 99
149149 home or calling law enforcement. 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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161161
162162 ....a criminal history involving violence or the threat of 101
163163 violence (if known). 102
164164 ....another order of protection issued against him or her 103
165165 previously or from another jurisdiction (if known). 104
166166 ....destroyed personal property, including, but not limited 105
167167 to, telephones or other communication equipment, clothing, or 106
168168 other items belonging to the petitioner. 107
169169 ....engaged in a pattern of abusive, threatening, 108
170170 intimidating, or controlling behavior composed of a series of 109
171171 acts over a period of time, however short. 110
172172 ....engaged in any other behavior or conduct that leads the 111
173173 petitioner to have reasonable cause to believe he or she is in 112
174174 imminent danger of becoming a victim of domestic violence. 113
175175 (i) Petitioner alleges the following additional specific 114
176176 facts: ...(mark appropriate sections)... 115
177177 ....A minor child or minor children reside with the 116
178178 petitioner whose names and ages are as follows: ................. 117
179179 118
180180 ....Petitioner needs the exclusive use and possession of 119
181181 the dwelling that the parties share. 120
182182 ....Petitioner is unable to obtain safe alternative housing 121
183183 because: ................................ ...................... 122
184184 123
185185 ....Petitioner genuinely fears that respondent imminently 124
186186 will abuse, remove, or hide the minor child or children from 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
196196
197197
198198
199199 petitioner because: ................................ ............ 126
200200 127
201201 (j) Petitioner genuinely fears imminent domestic violence 128
202202 by respondent. 129
203203 (k) Petitioner seeks an injunction: ... (mark appropriate 130
204204 section or sections)... 131
205205 ....Immediately restraining the respondent from committing 132
206206 any acts of domestic violence. 133
207207 ....Restraining the respondent from committing any acts of 134
208208 domestic violence. 135
209209 ....Awarding to the petitioner the temporar y exclusive use 136
210210 and possession of the dwelling that the parties share or 137
211211 excluding the respondent from the residence of the petitioner. 138
212212 ....Providing a temporary parenting plan, including a 139
213213 temporary time-sharing schedule, with regard to the minor child 140
214214 or children of the parties which might involve prohibiting or 141
215215 limiting time-sharing or requiring that it be supervised by a 142
216216 third party. 143
217217 ....Establishing temporary support for the minor child or 144
218218 children or the petitioner. 145
219219 ....Directing the respondent to participate in a batterers' 146
220220 intervention program. 147
221221 ....Providing any terms the court deems necessary for the 148
222222 protection of a victim of domestic violence, or any minor 149
223223 children of the victim, including any injunctions or directives 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
235235
236236 to law enforcement agenci es. 151
237237 (c) Every petition for an injunction against domestic 152
238238 violence must contain, directly above the signature line, a 153
239239 statement in all capital letters and bold type not smaller than 154
240240 the surrounding text, as follows: 155
241241 156
242242 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE 157
243243 FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. I 158
244244 HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 159
245245 STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 160
246246 MADE IN THIS PETITION ARE BEING MADE UNDER PENALTIES PENALTY OF 161
247247 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525 837.02, 162
248248 FLORIDA STATUTES. 163
249249 ...(initials)... 164
250250 (d) If the verified sworn petition seeks to determine a 165
251251 parenting plan and time -sharing schedule with regard to the 166
252252 minor child or children of the parties, the verified sworn 167
253253 petition must be accompanied by or must incorporate the 168
254254 allegations required by s. 61.522 of the Uniform Child Custody 169
255255 Jurisdiction and Enforcement Act. 170
256256 Section 2. Subsections (2) and (4) of section 784.046, 171
257257 Florida Statutes, are amended to read: 172
258258 784.046 Action by victim of repeat violence, sexual 173
259259 violence, or dating violence for protective injunction; dating 174
260260 violence investigations, notice to victims, and reporting; 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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271271
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273273 pretrial release violations; public records exemption. — 176
274274 (2) There is created a cause of action for an injunction 177
275275 for protection in cases of repeat violence, there is created a 178
276276 separate cause of action for an injunction for protection in 179
277277 cases of dating violence, and there is created a separate cause 180
278278 of action for an injunction for protection in cases of sexual 181
279279 violence. 182
280280 (a) Any person who is the victim of repeat violence or the 183
281281 parent or legal guardian of any minor child who is living at 184
282282 home and who seeks an injunction for protection against repeat 185
283283 violence on behalf of the minor child has standing in the 186
284284 circuit court to file a verified sworn petition for an 187
285285 injunction for protection against repeat violence. 188
286286 (b) Any person who is the victim of dating violence and 189
287287 has reasonable cause to believe he or she is in imminent danger 190
288288 of becoming the victim of another act of dating violence, or any 191
289289 person who has reasonable cause to believe he or she is in 192
290290 imminent danger of becoming the victim of an act of dating 193
291291 violence, or the parent or legal guardian of any mi nor child who 194
292292 is living at home and who seeks an injunction for protection 195
293293 against dating violence on behalf of that minor child, has 196
294294 standing in the circuit court to file a verified sworn petition 197
295295 for an injunction for protection against dating violence. 198
296296 (c) A person who is the victim of sexual violence or the 199
297297 parent or legal guardian of a minor child who is living at home 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 who is the victim of sexual violence has standing in the circuit 201
311311 court to file a verified sworn petition for an injunction for 202
312312 protection against sexual violence on his or her own behalf or 203
313313 on behalf of the minor child if: 204
314314 1. The person has reported the sexual violence to a law 205
315315 enforcement agency and is cooperating in any criminal proceeding 206
316316 against the respondent, regardless of wheth er criminal charges 207
317317 based on the sexual violence have been filed, reduced, or 208
318318 dismissed by the state attorney; or 209
319319 2. The respondent who committed the sexual violence 210
320320 against the victim or minor child was sentenced to a term of 211
321321 imprisonment in state priso n for the sexual violence and the 212
322322 respondent's term of imprisonment has expired or is due to 213
323323 expire within 90 days following the date the petition is filed. 214
324324 (d) A cause of action for an injunction may be sought 215
325325 whether or not any other petition, complain t, or cause of action 216
326326 is currently available or pending between the parties. 217
327327 (e) A cause of action for an injunction does not require 218
328328 that the petitioner be represented by an attorney. 219
329329 (4)(a) The verified sworn petition shall allege the 220
330330 incidents of repeat violence, sexual violence, or dating 221
331331 violence and shall include the specific facts and circumstances 222
332332 that form the basis upon which relief is sought. With respect to 223
333333 a minor child who is living at home, the pa rent or legal 224
334334 guardian seeking the protective injunction on behalf of the 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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345345
346346
347347 minor child must: 226
348348 1. Have been an eyewitness to, or have direct physical 227
349349 evidence or affidavits from eyewitnesses of, the specific facts 228
350350 and circumstances that form the basis upon which relief is 229
351351 sought, if the party against whom the protective injunction is 230
352352 sought is also a parent, stepparent, or legal guardian of the 231
353353 minor child; or 232
354354 2. Have reasonable cause to believe that the minor child 233
355355 is a victim of repeat violence, sexual v iolence, or dating 234
356356 violence to form the basis upon which relief is sought, if the 235
357357 party against whom the protective injunction is sought is a 236
358358 person other than a parent, stepparent, or legal guardian of the 237
359359 minor child. 238
360360 (b) The verified sworn petition must be in substantially 239
361361 the following form: 240
362362 PETITION FOR INJUNCTION FOR PROTECTION 241
363363 AGAINST REPEAT VIOLENCE, SEXUAL 242
364364 VIOLENCE, OR DATING VIOLENCE 243
365365 Before me, The undersigned authority, personally appeared 244
366366 petitioner ...(name)... declares under penalties of perjury, who 245
367367 has been sworn and says that the following statements are true: 246
368368 1. Petitioner resides at ...(address)... (A petitioner for 247
369369 an injunction for protection against sexual violence may furnish 248
370370 an address to the court in a separate confidential fi ling if, 249
371371 for safety reasons, the petitioner requires the location of his 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 or her current residence to be confidential pursuant to s. 251
385385 119.071(2)(j), Florida Statutes.) 252
386386 2. Respondent resides at ...(address).... 253
387387 3.a. Petitioner has suffered repeat violence as 254
388388 demonstrated by the fact that the respondent has: 255
389389 ...(enumerate incidents of violence)... 256
390390 ................................ 257
391391 ................................ 258
392392 ................................ 259
393393 b. Petitioner has suffered sexual violence as demonstrated 260
394394 by the fact that the respondent has: ...(enumerate incident of 261
395395 violence and include incident report number from law enforcement 262
396396 agency or attach notice of inmate release)... 263
397397 ................................ 264
398398 ................................ 265
399399 ................................ 266
400400 c. Petitioner is a victim of dating violence and has 267
401401 reasonable cause to believe that he or she is in imminent danger 268
402402 of becoming the victim of another act of dating violence or has 269
403403 reasonable cause to believe that he or she is in imminen t danger 270
404404 of becoming a victim of dating violence, as demonstrated by the 271
405405 fact that the respondent has: ...(list the specific incident or 272
406406 incidents of violence and describe the length of time of the 273
407407 relationship, whether it has been in existence during the last 6 274
408408 months, the nature of the relationship of a romantic or intimate 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 nature, the frequency and type of interaction, and any other 276
422422 facts that characterize the relationship)... 277
423423 ................................ 278
424424 ................................ 279
425425 ................................ 280
426426 4. Petitioner genuinely fears repeat violence by the 281
427427 respondent. 282
428428 5. Petitioner seeks: an immediate injunction against the 283
429429 respondent, enjoining him or her from committing any further 284
430430 acts of violence; an injunction enjoining the re spondent from 285
431431 committing any further acts of violence; and an injunction 286
432432 providing any terms the court deems necessary for the protection 287
433433 of the petitioner and the petitioner's immediate family, 288
434434 including any injunctions or directives to law enforcement 289
435435 agencies. 290
436436 (c) Every petition for an injunction against sexual 291
437437 violence, dating violence, or repeat violence must contain, 292
438438 directly above the signature line, a statement in all capital 293
439439 letters and bold type not smaller than the surrounding text, as 294
440440 follows: 295
441441 296
442442 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE 297
443443 FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE 298
444444 TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS 299
445445 PETITION ARE BEING MADE UNDER PENALTIES OF PERJURY, 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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456456
457457
458458 PUNISHABLE AS PROVIDED IN SECTION 92 .525, FLORIDA STATUTES. 301
459459 302
460460 (initials) 303
461461 304
462462 Section 3. Paragraph (a) of subsection (1) and paragraphs 305
463463 (a), (b), and (f) of subsection (3) of section 784.0485, Florida 306
464464 Statutes, are amended to read: 307
465465 784.0485 Stalking; injunction; powers and duties of cou rt 308
466466 and clerk; petition; notice and hearing; temporary injunction; 309
467467 issuance of injunction; statewide verification system; 310
468468 enforcement.— 311
469469 (1) There is created a cause of action for an injunction 312
470470 for protection against stalking. For the purposes of injunctio ns 313
471471 for protection against stalking under this section, the offense 314
472472 of stalking shall include the offense of cyberstalking. 315
473473 (a) A person who is the victim of stalking or the parent 316
474474 or legal guardian of a minor child who is living at home who 317
475475 seeks an injunction for protection against stalking on behalf of 318
476476 the minor child has standing in the circuit court to file a 319
477477 verified sworn petition for an injunction for protection against 320
478478 stalking. 321
479479 (3)(a) The verified sworn petition shall allege the 322
480480 existence of such stalking and shall include the specific facts 323
481481 and circumstances for which relief is sought. 324
482482 (b) The verified sworn petition shall be in substantially 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
492492
493493
494494
495495 the following form: 326
496496 PETITION FOR INJUNCTION 327
497497 FOR PROTECTION AGAINST STALKING 328
498498 Before me, The undersigned authority, personally appeared 329
499499 petitioner ...(name)... declares under penalties of perjury , who 330
500500 has been sworn and says that the following statements are true: 331
501501 1. Petitioner resides at: ...(address)... 332
502502 (Petitioner may furnish the address to the court in a separate 333
503503 confidential filing if, for safety reasons, the petitioner 334
504504 requires the location of the current residence to be 335
505505 confidential.) 336
506506 2. Respondent resides at: ...(last known address)... 337
507507 3. Respondent's las t known place of employment: ...(name of 338
508508 business and address)... 339
509509 4. Physical description of respondent: .... 340
510510 5. Race: .... 341
511511 6. Sex: .... 342
512512 7. Date of birth: .... 343
513513 8. Height: .... 344
514514 9. Weight: .... 345
515515 10. Eye color: .... 346
516516 11. Hair color: .... 347
517517 12. Distinguishing marks or scars: .... 348
518518 13. Aliases of respondent: .... 349
519519 (f) Every petition for an injunction against stalking must 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 contain, directly above the signature line, a statement in all 351
533533 capital letters and bold type not smaller than the surrounding 352
534534 text, as follows: 353
535535 354
536536 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE 355
537537 FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE I 356
538538 HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 357
539539 STATEMENT IS TRUE AND CORRECT . I UNDERSTAND THAT THE STATEMENTS 358
540540 MADE IN THIS PETITION ARE BEING MADE UNDER PENALTIES PENALTY OF 359
541541 PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525 837.02, 360
542542 FLORIDA STATUTES. 361
543543 ...(initials)... 362
544544 Section 4. This act shall take effect July 1, 2024. 363