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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 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 amended 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 imminent dange r 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
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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
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 VIOLE NCE 32
Before me, The undersigned authority, personally appeared 33
petitioner ...(name)... declares under penalties 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 pl ace 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
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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
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
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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
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
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....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 housi ng 121
because: ................................ ...................... 122
123
....Petitioner genuinely fears that respondent imminently 124
will abuse, remove, or hide the minor child or children from 125
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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
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 petit ioner the temporary 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
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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
to law enforcement agencies. 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
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE 157
FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. I 158
HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 159
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 160
MADE IN THIS PETITION ARE BEING MADE UNDER PENALTIES PENALTY OF 161
PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525 837.02, 162
FLORIDA STATUTES. 163
...(initials)... 164
(d) If the verified sworn petition seeks to determine a 165
parenting plan and time -sharing schedule with regard to the 166
minor child or children of the parties, the verified sworn 167
petition must be accompanied by or must incorporate the 168
allegations required by s. 61.522 of the Uniform Child Custody 169
Jurisdiction and Enforcement Act. 170
Section 2. Subsections (2) and (4) of section 784.04 6, 171
Florida Statutes, are amended to read: 172
784.046 Action by victim of repeat violence, sexual 173
violence, or dating violence for protective injunction; dating 174
violence investigations, notice to victims, and reporting; 175
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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
pretrial release violations; public re cords exemption.— 176
(2) There is created a cause of action for an injunction 177
for protection in cases of repeat violence, there is created a 178
separate cause of action for an injunction for protection in 179
cases of dating violence, and there is created a separa te cause 180
of action for an injunction for protection in cases of sexual 181
violence. 182
(a) Any person who is the victim of repeat violence or the 183
parent or legal guardian of any minor child who is living at 184
home and who seeks an injunction for protection again st repeat 185
violence on behalf of the minor child has standing in the 186
circuit court to file a verified sworn petition for an 187
injunction for protection against repeat violence. 188
(b) Any person who is the victim of dating violence and 189
has reasonable cause to believe he or she is in imminent danger 190
of becoming the victim of another act of dating violence, or any 191
person who has reasonable cause to believe he or she is in 192
imminent danger of becoming the victim of an act of dating 193
violence, or the parent or legal guardian of any minor child who 194
is living at home and who seeks an injunction for protection 195
against dating violence on behalf of that minor child, has 196
standing in the circuit court to file a verified sworn petition 197
for an injunction for protection against dating violence. 198
(c) A person who is the victim of sexual violence or the 199
parent or legal guardian of a minor child who is living at home 200
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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
who is the victim of sexual violence has standing in the circuit 201
court to file a verified sworn petition for an injunction for 202
protection against sexual violence on his or her own behalf or 203
on behalf of the minor child if: 204
1. The person has reported the sexual violence to a law 205
enforcement agency and is cooperating in any criminal proceeding 206
against the respondent, r egardless of whether criminal charges 207
based on the sexual violence have been filed, reduced, or 208
dismissed by the state attorney; or 209
2. The respondent who committed the sexual violence 210
against the victim or minor child was sentenced to a term of 211
imprisonment in state prison for the sexual violence and the 212
respondent's term of imprisonment has expired or is due to 213
expire within 90 days following the date the petition is filed. 214
(d) A cause of action for an injunction may be sought 215
whether or not any other petition, complaint, or cause of action 216
is currently available or pending between the parties. 217
(e) A cause of action for an injunction does not require 218
that the petitioner be represented by an attorney. 219
(4)(a) The verified sworn petition shall allege the 220
incidents of repeat violence, sexual violence, or dating 221
violence and shall include the specific facts and circumstances 222
that form the basis upon which relief is sought. With respect to 223
a minor child who is living at home, the pa rent or legal 224
guardian seeking the protective injunction on behalf of the 225
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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
minor child must: 226
1. Have been an eyewitness to, or have direct physical 227
evidence or affidavits from eyewitnesses of, the specific facts 228
and circumstances that form the basis upon which relief is 229
sought, if the party against whom the protective injunction is 230
sought is also a parent, stepparent, or legal guardian of the 231
minor child; or 232
2. Have reasonable cause to believe that the minor child 233
is a victim of repeat violence, sexual v iolence, or dating 234
violence to form the basis upon which relief is sought, if the 235
party against whom the protective injunction is sought is a 236
person other than a parent, stepparent, or legal guardian of the 237
minor child. 238
(b) The verified sworn petition must be in substantially 239
the following form: 240
PETITION FOR INJUNCTION FOR PROTECTION 241
AGAINST REPEAT VIOLENCE, SEXUAL 242
VIOLENCE, OR DATING VIOLENCE 243
Before me, The undersigned authority, personally appeared 244
petitioner ...(name)... declares under penalties of perjury, who 245
has been sworn and says that the following statements are true: 246
1. Petitioner resides at ...(address)... (A petitioner for 247
an injunction for protection against sexual violence may furnish 248
an address to the court in a separate confidential fi ling if, 249
for safety reasons, the petitioner requires the location of his 250
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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
or her current residence to be confidential pursuant to s. 251
119.071(2)(j), Florida Statutes.) 252
2. Respondent resides at ...(address).... 253
3.a. Petitioner has suffered repeat violence as 254
demonstrated by the fact that the respondent has: 255
...(enumerate incidents of violence)... 256
................................ 257
................................ 258
................................ 259
b. Petitioner has suffered sexual violence as demonstrated 260
by the fact that the respondent has: ...(enumerate incident of 261
violence and include incident report number from law enforcement 262
agency or attach notice of inmate release)... 263
................................ 264
................................ 265
................................ 266
c. Petitioner is a victim of dating violence and has 267
reasonable cause to believe that he or she is in imminent danger 268
of becoming the victim of another act of dating violence or has 269
reasonable cause to believe that he or she is in imminen t danger 270
of becoming a victim of dating violence, as demonstrated by the 271
fact that the respondent has: ...(list the specific incident or 272
incidents of violence and describe the length of time of the 273
relationship, whether it has been in existence during the last 6 274
months, the nature of the relationship of a romantic or intimate 275
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nature, the frequency and type of interaction, and any other 276
facts that characterize the relationship)... 277
................................ 278
................................ 279
................................ 280
4. Petitioner genuinely fears repeat violence by the 281
respondent. 282
5. Petitioner seeks: an immediate injunction against the 283
respondent, enjoining him or her from committing any further 284
acts of violence; an injunction enjoining the re spondent from 285
committing any further acts of violence; and an injunction 286
providing any terms the court deems necessary for the protection 287
of the petitioner and the petitioner's immediate family, 288
including any injunctions or directives to law enforcement 289
agencies. 290
(c) Every petition for an injunction against sexual 291
violence, dating violence, or repeat violence must contain, 292
directly above the signature line, a statement in all capital 293
letters and bold type not smaller than the surrounding text, as 294
follows: 295
296
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE 297
FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE 298
TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS 299
PETITION ARE BEING MADE UNDER PENALTIES OF PERJURY, 300
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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
PUNISHABLE AS PROVIDED IN SECTION 92 .525, FLORIDA STATUTES. 301
302
(initials) 303
304
Section 3. Paragraph (a) of subsection (1) and paragraphs 305
(a), (b), and (f) of subsection (3) of section 784.0485, Florida 306
Statutes, are amended to read: 307
784.0485 Stalking; injunction; powers and duties of cou rt 308
and clerk; petition; notice and hearing; temporary injunction; 309
issuance of injunction; statewide verification system; 310
enforcement.— 311
(1) There is created a cause of action for an injunction 312
for protection against stalking. For the purposes of injunctio ns 313
for protection against stalking under this section, the offense 314
of stalking shall include the offense of cyberstalking. 315
(a) A person who is the victim of stalking or the parent 316
or legal guardian of a minor child who is living at home who 317
seeks an injunction for protection against stalking on behalf of 318
the minor child has standing in the circuit court to file a 319
verified sworn petition for an injunction for protection against 320
stalking. 321
(3)(a) The verified sworn petition shall allege the 322
existence of such stalking and shall include the specific facts 323
and circumstances for which relief is sought. 324
(b) The verified sworn petition shall be in substantially 325
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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
the following form: 326
PETITION FOR INJUNCTION 327
FOR PROTECTION AGAINST STALKING 328
Before me, The undersigned authority, personally appeared 329
petitioner ...(name)... declares under penalties of perjury , who 330
has been sworn and says that the following statements are true: 331
1. Petitioner resides at: ...(address)... 332
(Petitioner may furnish the address to the court in a separate 333
confidential filing if, for safety reasons, the petitioner 334
requires the location of the current residence to be 335
confidential.) 336
2. Respondent resides at: ...(last known address)... 337
3. Respondent's last known place of employment : ...(name of 338
business and address)... 339
4. Physical description of respondent: .... 340
5. Race: .... 341
6. Sex: .... 342
7. Date of birth: .... 343
8. Height: .... 344
9. Weight: .... 345
10. Eye color: .... 346
11. Hair color: .... 347
12. Distinguishing marks or scars: .... 348
13. Aliases of respondent: .... 349
(f) Every petition for an injunction against stalking must 350
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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
contain, directly above the signature line, a statement in all 351
capital letters and bold type not smaller than the surrounding 352
text, as follows: 353
354
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE 355
FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE I 356
HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 357
STATEMENT IS TRUE AND CORRECT . I UNDERSTAND THAT THE STATEMENTS 358
MADE IN THIS PETITION ARE BEING MADE UNDER PENALTIES PENALTY OF 359
PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525 837.02, 360
FLORIDA STATUTES. 361
...(initials)... 362
Section 4. This act shall take effect July 1, 2024. 363