Interpersonal Violence Injunctions

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A bill to be entitled 1
An act relating to interpersonal violence injunctions; 2
amending s. 741.30, F.S.; revising the required forms, 3
motions, and information all clerk of the court 4
offices must provide to assist petitioners; requiring 5
the court, upon the filing of a domestic violence 6
petition, to review the petition ex parte and set a 7
final hearing at the earliest possible time under 8
certain circumstances; requiring that a respondent be 9
personally served by a law enforcement officer if a 10
final hearing is set; revising the factors the court 11
is required to consider and evaluate in determining 12
whether a petitioner has reasonable cause to believe 13
that he or she is in imminent danger of becoming a 14
victim of domestic violence; revising what the clerk 15
of the court, within a specified timeframe after the 16
court sets the case for a final hearing, is required 17
to transmit to the sheriff or a law enforcement agency 18
for service; requiring a respondent, within 1 business 19
day after being served, to file a designation of his 20
or her mailing or e-mail address with the clerk of the 21
court for subsequent service; revising the 22
circumstances under which the clerk of the court must 23
mail or e-mail certified copies of certain orders to 24
the parties; specifying that service by e-mail is 25

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complete upon e-mailing; revising the name of the 26
Domestic and Repeat Violence Injunction Statewide 27
Verification System created within the Department of 28
Law Enforcement to the Statewide Injunction 29
Verification System; revising the injunctions required 30
to be maintained in the system; revising the 31
circumstances under which the clerk of the court must 32
mail or e-mail certified copies of certain orders to 33
the parties; requiring the court, upon the filing of a 34
petition, to review the petition ex parte and set a 35
final hearing at the earliest possible time under 36
certain circumstances; making technical and conforming 37
changes; amending s. 784.046, F.S.; prohibiting a 38
court from issuing mutual orders of protection; 39
revising the required forms, motions, and information 40
the clerks of the court must provide to assist 41
petitioners unrepresented by counsel; requiring that a 42
respondent be personally served by a law enforcement 43
officer if a final hearing is set; requiring that a 44
court's denial of a petition for an ex parte temporary 45
injunction be by certain written order; specifying 46
that good cause for a continuance includes obtaining 47
service of process by any party; requiring that all 48
specified proceedings be recorded; requiring a 49
respondent, within 1 business day after being served, 50

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to file a designation of his or her mailing or e-mail 51
address with the clerk of the court for subsequent 52
service; revising the circumstances under which the 53
clerk of the court must mail or e-mail certified 54
copies of certain orders to the parties; specifying 55
that service by mail or e-mail is complete upon 56
mailing or e-mailing; requiring the clerk of the court 57
to prepare a certain written certification when a 58
certain order is served by the clerk; revising the 59
name of the Domestic and Repeat Violence Injunction 60
Statewide Verification System created within the 61
Department of Law Enforcement to the Statewide 62
Injunction Verification System; revising the 63
injunctions required to be maintained in the system; 64
specifying the circumstances under which the clerk of 65
the court must mail or e-mail certified copies of 66
certain injunction orders to the parties; specifying 67
that service by mail or e-mail is complete upon 68
mailing or e-mailing; providing requirements regarding 69
service of process; making technical and conforming 70
changes; amending s. 784.0485, F.S.; revising the 71
required forms, motions, and information all clerk of 72
the court offices must provide to assist petitioners; 73
requiring the court, upon the filing of a petition for 74
an injunction for protection against stalking, to 75

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review the petition ex parte and set a final hearing 76
at the earliest possible time under certain 77
circumstances; requiring that a respondent be 78
personally served by a law enforcement officer if a 79
final hearing is set; revising what the clerk of the 80
court, within a specified timeframe after the court 81
sets the case for a final hearing, is required to 82
transmit to the sheriff or a law enforcement agency 83
for service; requiring a respondent, within 1 business 84
day after being served, to file a designation of his 85
or her mailing or e-mail address with the clerk of the 86
court for subsequent service; revising the 87
circumstances under which the clerk of the court must 88
mail or e-mail certified copies of certain orders to 89
the parties; specifying that service by e-mail is 90
complete upon e-mailing; specifying the circumstances 91
under which the clerk of the court must mail or e-mail 92
certified copies of certain orders to the parties; 93
specifying that service by mail or e-mail is complete 94
upon mailing or e-mailing; requiring the clerk of the 95
court to prepare a certain written certification when 96
a certain order is served by the clerk; making 97
technical and conforming changes; amending ss. 61.1825 98
and 943.05, F.S.; conforming provisions to changes 99
made by the act; reenacting ss. 39.504(5), 100

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44.407(3)(b), 61.125(4)(b), and 741.29(1), F.S., 101
relating to injunctions and penalties, the elder-102
focused dispute resolution process, parenting 103
coordination, and investigation of domestic violence 104
incidents, respectively, to incorporate the amendment 105
made to s. 741.30, F.S., in references thereto; 106
providing an effective date. 107
108
Be It Enacted by the Legislature of the State of Florida: 109
110
Section 1. Section 741.30, Florida Statutes, is amended to 111
read: 112
741.30 Domestic violence; injunction; powers and duties of 113
court and clerk; petition; notice and hearing; temporary 114
injunction; issuance of injunction; Statewide Injunction 115
Verification System; enforcement; public records exemption.— 116
(1) There is created a cause of action for an injunction 117
for protection against domestic violence. 118
(a) Any person described in paragraph (e), who is either 119
the victim of domestic violence as defined in s. 741.28 or has 120
reasonable cause to believe he or she is in imminent danger of 121
becoming the victim of any act of domestic violence, has 122
standing in the circuit court to file a verified petition for an 123
injunction for protection against domestic violence. 124
(b) This cause of action for an injunction may be sought 125

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whether or not any other cause of action is currently pending 126
between the parties. However, the pendency of any such cause of 127
action shall be alleged in the petition. 128
(c) In the event a subsequent cause of action is filed 129
under chapter 61, any orders entered therein shall take 130
precedence over any inconsistent provisions of an injunction 131
issued under this section which addresses matters governed by 132
chapter 61. 133
(d) A person's right to petition for an injunction shall 134
not be affected by such person having left a residence or 135
household to avoid domestic violence. 136
(e) This cause of action for an injunction may be sought 137
by family or household members. No person shall be precluded 138
from seeking injunctive relief pursuant to this chapter solely 139
on the basis that such person is not a spouse. 140
(f) This cause of action for an injunction shall not 141
require that either party be represented by an attorney. 142
(g) Any person, including an officer of the court, who 143
offers evidence or recommendations relating to the cause of 144
action must either present the evidence or recommendations in 145
writing to the court with copies to each party and their 146
attorney, or must present the evidence under oath at a hearing 147
at which all parties are present. 148
(h) Nothing in this section shall affect the title to any 149
real estate. 150

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(i) The court is prohibited from issuing mutual orders of 151
protection. This does not preclude the court from issuing 152
separate injunctions for protection against domestic violence 153
where each party has complied with the provisions of this 154
section. Compliance with the provisions of this section cannot 155
be waived. 156
(j) Notwithstanding any provision of chapter 47, a 157
petition for an injunction for protection against domestic 158
violence may be filed in the circuit where the petitioner 159
currently or temporarily resides, where the respondent resides, 160
or where the domestic violence occurred. There is no minimum 161
requirement of residency to petition for an injunction for 162
protection. 163
(2)(a) Notwithstanding any other law, the assessment of a 164
filing fee for a petition for protection against domestic 165
violence is prohibited. However, subject to legislative 166
appropriation, the clerk of the circuit court may, on a 167
quarterly basis, submit to the Justice Administrative Commission 168
a certified request for reimbursement for petitions for 169
protection against domestic violence issued by the court, at the 170
rate of $40 per petition. The request for reimbursement must be 171
submitted in the form and manner prescribed by the Justice 172
Administrative Commission. From this reimbursement, the clerk 173
shall pay any law enforcement agency serving the injunction the 174
fee requested by the law enforcement agency; however, this fee 175

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may not exceed $20. 176
(b) No bond shall be required by the court for the entry 177
of an injunction. 178
(c)1. The clerk of the court shall assist petitioners in 179
seeking both injunctions for protection against domestic 180
violence and enforcement for a violation thereof as specified in 181
this section. 182
2. All clerks' offices shall provide simplified petition 183
forms for the injunction, any motion for modifications, any 184
motion for and the enforcement thereof, and a designation of 185
mailing and e-mail addresses for service, including instructions 186
for completion. 187
3. The clerk of the court shall advise petitioners of the 188
opportunity to apply for a certificate of indigence in lieu of 189
prepayment for the cost of the filing fee, as provided in 190
paragraph (a). 191
4. The clerk of the court shall ensure the petitioner's 192
privacy to the extent practical while completing the forms for 193
injunctions for protection against domestic violence. 194
5. The clerk of the court shall provide petitioners with a 195
minimum of two certified copies of the order of the temporary 196
injunction, one of which is serviceable and will inform the 197
petitioner of the process for service and enforcement. 198
6. Clerks of court and appropriate staff in each county 199
shall receive training in the effective assistance of 200

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petitioners as provided or approved by the Florida Association 201
of Court Clerks. 202
7. The clerk of the court in each county shall make 203
available informational brochures on domestic violence when such 204
brochures are provided by local certified domestic violence 205
centers. 206
8. The clerk of the court in each county shall distribute 207
a statewide uniform informational brochure to petitioners at the 208
time of filing for an injunction for protection against domestic 209
or repeat violence when such brochures become available. The 210
brochure must include information about the effect of giving the 211
court false information about domestic violence. 212
(3)(a) The verified petition must allege the existence of 213
such domestic violence and must include the specific facts and 214
circumstances upon the basis of which relief is sought. 215
(b) The verified petition shall be in substantially the 216
following form: 217
218
PETITION FOR 219
INJUNCTION FOR PROTECTION 220
AGAINST DOMESTIC VIOLENCE 221
222
The undersigned petitioner ...(name)... declares under penalties 223
of perjury that the following statements are true: 224
(a) Petitioner resides at: ...(address)... 225

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(Petitioner may furnish address to the court in a separate 226
confidential filing if, for safety reasons, the petitioner 227
requires the location of the current residence to be 228
confidential.) 229
(b) Respondent resides at: ...(last known address)... 230
(c) Respondent's last known place of employment: ...(name 231
of business and address)... 232
(d) Physical description of respondent:............... 233
Race........ 234
Sex........ 235
Date of birth........ 236
Height........ 237
Weight........ 238
Eye color........ 239
Hair color........ 240
Distinguishing marks or scars........ 241
(e) Aliases of respondent:............................ 242
(f) Respondent is the spouse or former spouse of the 243
petitioner or is any other person related by blood or marriage 244
to the petitioner or is any other person who is or was residing 245
within a single dwelling unit with the petitioner, as if a 246
family, or is a person with whom the petitioner has a child in 247
common, regardless of whether the petitioner and respondent are 248
or were married or residing together, as if a family. 249
(g) The following describes any other cause of action 250

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currently pending between the petitioner and respondent:.... 251
252
The petitioner should also describe any previous or pending 253
attempts by the petitioner to obtain an injunction for 254
protection against domestic violence in this or any other 255
circuit, and the results of that attempt:................... 256
257
Case numbers should be included if available. 258
(h) Petitioner is either a victim of domestic violence or 259
has reasonable cause to believe he or she is in imminent danger 260
of becoming a victim of domestic violence because respondent 261
has: ...(mark all sections that apply and describe in the spaces 262
below the incidents of violence or threats of violence, 263
specifying when and where they occurred, including, but not 264
limited to, locations such as a home, school, place of 265
employment, or visitation exchange)... 266
................................................................ 267
................................................................ 268
....committed or threatened to commit domestic violence 269
defined in s. 741.28, Florida Statutes, as any assault, 270
aggravated assault, battery, aggravated battery, sexual assault, 271
sexual battery, stalking, aggravated stalking, kidnapping, false 272
imprisonment, or any criminal offense resulting in physical 273
injury or death of one family or household member by another. 274
With the exception of persons who are parents of a child in 275

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common, the family or household members must be currently 276
residing or have in the past resided together in the same single 277
dwelling unit. 278
....previously threatened, harassed, stalked, or physically 279
abused the petitioner. 280
....attempted to harm the petitioner or family members or 281
individuals closely associated with the petitioner. 282
....threatened to conceal, kidnap, or harm the petitioner's 283
child or children. 284
....intentionally injured or killed a family pet. 285
....used, or has threatened to use, against the petitioner 286
any weapons such as guns or knives. 287
....physically restrained the petitioner from leaving the 288
home or calling law enforcement. 289
....a criminal history involving violence or the threat of 290
violence (if known). 291
....another order of protection issued against him or her 292
previously or from another jurisdiction (if known). 293
....destroyed personal property, including, but not limited 294
to, telephones or other communication equipment, clothing, or 295
other items belonging to the petitioner. 296
....engaged in a pattern of abusive, threatening, 297
intimidating, or controlling behavior composed of a series of 298
acts over a period of time, however short. 299
....engaged in any other behavior or conduct that leads the 300

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petitioner to have reasonable cause to believe he or she is in 301
imminent danger of becoming a victim of domestic violence. 302
(i) Petitioner alleges the following additional specific 303
facts: ...(mark appropriate sections)... 304
....A minor child or minor children reside with the 305
petitioner whose names and ages are as follows: 306
307
....Petitioner needs the exclusive use and possession of 308
the dwelling that the parties share. 309
....Petitioner is unable to obtain safe alternative housing 310
because: 311
312
....Petitioner genuinely fears that respondent imminently 313
will abuse, remove, or hide the minor child or children from 314
petitioner because: 315
316
(j) Petitioner genuinely fears imminent domestic violence 317
by respondent. 318
(k) Petitioner seeks an injunction: ...(mark appropriate 319
section or sections)... 320
....Immediately restraining the respondent from committing 321
any acts of domestic violence. 322
....Restraining the respondent from committing any acts of 323
domestic violence. 324
....Awarding to the petitioner the temporary exclusive use 325

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and possession of the dwelling that the parties share or 326
excluding the respondent from the residence of the petitioner. 327
....Providing a temporary parenting plan, including a 328
temporary time-sharing schedule, with regard to the minor child 329
or children of the parties which might involve prohibiting or 330
limiting time-sharing or requiring that it be supervised by a 331
third party. 332
....Designating that the exchange of the minor child or 333
children of the parties must occur at a neutral safe exchange 334
location as provided in s. 125.01(8) or a location authorized by 335
a supervised visitation program as defined in s. 753.01 if 336
temporary time-sharing of the child is awarded to the 337
respondent. 338
....Establishing temporary support for the minor child or 339
children or the petitioner. 340
....Directing the respondent to participate in a batterers' 341
intervention program. 342
....Providing any terms the court deems necessary for the 343
protection of a victim of domestic violence, or any minor 344
children of the victim, including any injunctions or directives 345
to law enforcement agencies. 346
347
(c) Every petition for an injunction against domestic 348
violence must contain, directly above the signature line, a 349
statement in all capital letters and bold type not smaller than 350

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the surrounding text, as follows: 351
352
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ 353
THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT 354
ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN 355
THIS PETITION ARE BEING MADE UNDER PENALTIES OF 356
PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525, 357
FLORIDA STATUTES. 358
359
...(initials)... 360
361
(d) If the verified petition seeks to determine a 362
parenting plan and time-sharing schedule with regard to the 363
minor child or children of the parties, the verified petition 364
must be accompanied by or must incorporate the allegations 365
required by s. 61.522 of the Uniform Child Custody Jurisdiction 366
and Enforcement Act. 367
(4) Upon the filing of the petition, the court shall 368
review the petition ex parte. The court must set a final hearing 369
to be held at the earliest possible time if it appears the 370
petitioner is a victim of domestic violence or has reasonable 371
cause to believe he or she is in imminent danger of becoming a 372
victim of domestic violence. If a final hearing is set, the 373
respondent must shall be personally served by a law enforcement 374
officer with a copy of the petition, financial affidavit, 375

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Uniform Child Custody Jurisdiction and Enforcement Act 376
affidavit, if any, notice of final hearing, and temporary 377
injunction, if any, before prior to the final hearing. 378
(5)(a) Upon review of the petition, if it appears to the 379
court that an immediate and present danger of domestic violence 380
exists, the court may grant a temporary injunction ex parte, 381
pending a final full hearing, and may grant such relief as the 382
court deems proper, including an injunction: 383
1. Restraining the respondent from committing any acts of 384
domestic violence. 385
2. Awarding to the petitioner the temporary exclusive use 386
and possession of the dwelling that the parties share or 387
excluding the respondent from the residence of the petitioner. 388
3. On the same basis as provided in s. 61.13, providing 389
the petitioner a temporary parenting plan, including a time-390
sharing schedule, which may award the petitioner up to 100 391
percent of the time-sharing. If temporary time-sharing is 392
awarded to the respondent, the exchange of the child must occur 393
at a neutral safe exchange location as provided in s. 125.01(8) 394
or a location authorized by a supervised visitation program as 395
defined in s. 753.01 if the court determines it is in the best 396
interests of the child after consideration of all of the factors 397
specified in s. 61.13(3). The temporary parenting plan remains 398
in effect until the order expires or an order is entered by a 399
court of competent jurisdiction in a pending or subsequent civil 400

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action or proceeding affecting the placement of, access to, 401
parental time with, adoption of, or parental rights and 402
responsibilities for the minor child. 403
4. If the petitioner and respondent have an existing 404
parenting plan or time-sharing schedule under another court 405
order, designating that the exchange of the minor child or 406
children of the parties must occur at a neutral safe exchange 407
location as provided in s. 125.01(8) or a location authorized by 408
a supervised visitation program as defined in s. 753.01 if the 409
court determines it is in the best interests of the child after 410
consideration of all of the factors specified in s. 61.13(3). 411
5. Awarding to the petitioner the temporary exclusive 412
care, possession, or control of an animal that is owned, 413
possessed, harbored, kept, or held by the petitioner, the 414
respondent, or a minor child residing in the residence or 415
household of the petitioner or respondent. The court may order 416
the respondent to temporarily have no contact with the animal 417
and prohibit the respondent from taking, transferring, 418
encumbering, concealing, harming, or otherwise disposing of the 419
animal. This subparagraph does not apply to an animal owned 420
primarily for a bona fide agricultural purpose, as defined under 421
s. 193.461, or to a service animal, as defined under s. 413.08, 422
if the respondent is the service animal's handler. 423
(b) Except as provided in s. 90.204, in an ex parte review 424
or an a hearing ex parte hearing for the purpose of obtaining 425

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such ex parte temporary injunction, no evidence other than 426
verified pleadings or affidavits shall be used as evidence, 427
unless the respondent appears at the hearing or has received 428
reasonable notice of the hearing. A denial of a petition for an 429
ex parte temporary injunction shall be by written order noting 430
the legal grounds for denial. When the only ground for denial is 431
no appearance of an immediate and present danger of domestic 432
violence, the court shall set a final full hearing on the 433
petition for injunction with notice at the earliest possible 434
time. Nothing herein affects a petitioner's right to promptly 435
amend any petition, or otherwise be heard in person on any 436
petition consistent with the Florida Rules of Civil Procedure. 437
(c) Any such ex parte temporary injunction shall be 438
effective for a fixed period not to exceed 15 days. A final full 439
hearing, as provided by this section, shall be set for a date no 440
later than the date when the temporary injunction ceases to be 441
effective. The court may grant a continuance of the hearing 442
before or during a hearing for good cause shown by any party, 443
which shall include a continuance to obtain service of process. 444
Any injunction shall be extended if necessary to remain in full 445
force and effect during any period of continuance. 446
(6)(a) Upon notice and final hearing, when it appears to 447
the court that the petitioner is either the victim of domestic 448
violence as defined by s. 741.28 or has reasonable cause to 449
believe he or she is in imminent danger of becoming a victim of 450

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domestic violence, the court may grant such relief as the court 451
deems proper, including an injunction: 452
1. Restraining the respondent from committing any acts of 453
domestic violence. 454
2. Awarding to the petitioner the exclusive use and 455
possession of the dwelling that the parties share or excluding 456
the respondent from the residence of the petitioner. 457
3. On the same basis as provided in chapter 61, providing 458
the petitioner with 100 percent of the time-sharing in a 459
temporary parenting plan that remains in effect until the order 460
expires or an order is entered by a court of competent 461
jurisdiction in a pending or subsequent civil action or 462
proceeding affecting the placement of, access to, parental time 463
with, adoption of, or parental rights and responsibilities for 464
the minor child. 465
4. If the petitioner and respondent have an existing 466
parenting plan or time-sharing schedule under another court 467
order, designating that the exchange of the minor child or 468
children of the parties must occur at a neutral safe exchange 469
location as provided in s. 125.01(8) or a location authorized by 470
a supervised visitation program as defined in s. 753.01 if the 471
court determines it is in the best interests of the child after 472
consideration of all of the factors specified in s. 61.13(3). 473
5. On the same basis as provided in chapter 61, 474
establishing temporary support for a minor child or children or 475

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the petitioner. An order of temporary support remains in effect 476
until the order expires or an order is entered by a court of 477
competent jurisdiction in a pending or subsequent civil action 478
or proceeding affecting child support. 479
6. Ordering the respondent to participate in treatment, 480
intervention, or counseling services to be paid for by the 481
respondent. When the court orders the respondent to participate 482
in a batterers' intervention program, the court, or any entity 483
designated by the court, must provide the respondent with a list 484
of batterers' intervention programs from which the respondent 485
must choose a program in which to participate. 486
7. Referring a petitioner to a certified domestic violence 487
center. The court must provide the petitioner with a list of 488
certified domestic violence centers in the circuit which the 489
petitioner may contact. 490
8. Awarding to the petitioner the exclusive care, 491
possession, or control of an animal that is owned, possessed, 492
harbored, kept, or held by the petitioner, the respondent, or a 493
minor child residing in the residence or household of the 494
petitioner or respondent. The court may order the respondent to 495
have no contact with the animal and prohibit the respondent from 496
taking, transferring, encumbering, concealing, harming, or 497
otherwise disposing of the animal. This subparagraph does not 498
apply to an animal owned primarily for a bona fide agricultural 499
purpose, as defined under s. 193.461, or to a service animal, as 500

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defined under s. 413.08, if the respondent is the service 501
animal's handler. 502
9. Ordering such other relief as the court deems necessary 503
for the protection of a victim of domestic violence, including 504
injunctions or directives to law enforcement agencies, as 505
provided in this section. 506
(b) In determining whether a petitioner has reasonable 507
cause to believe he or she is in imminent danger of becoming a 508
victim of domestic violence, the court shall consider and 509
evaluate all relevant factors alleged in the petition, 510
including, but not limited to: 511
1. The history between the petitioner and the respondent, 512
including threats, harassment, stalking, strangulation, or other 513
and physical abuse. 514
2. Whether the respondent has attempted to harm the 515
petitioner or family members or individuals closely associated 516
with the petitioner. 517
3. Whether the respondent has threatened to conceal, 518
kidnap, or harm the petitioner's child or children. 519
4. Whether the respondent has intentionally injured or 520
killed a family pet. 521
5. Whether the respondent has used, or has threatened to 522
use, against the petitioner any weapons such as guns or knives. 523
6. Whether the respondent has physically restrained the 524
petitioner from leaving the home or calling law enforcement. 525

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7. Whether the respondent has a criminal history involving 526
violence or the threat of violence. 527
8. The existence of a verifiable order of protection 528
issued previously or from another jurisdiction. 529
9. Whether the respondent has destroyed personal property, 530
including, but not limited to, telephones or other 531
communications equipment, clothing, or other items belonging to 532
the petitioner. 533
10. Whether the respondent has or had engaged in a pattern 534
of abusive, threatening, intimidating, or controlling behavior 535
composed of a series of acts over a period of time, however 536
short, which evidences a continuity of purpose and which 537
reasonably causes the petitioner to believe that the petitioner 538
or his or her minor child or children are in imminent danger of 539
becoming victims of any act of domestic violence. 540
11. Whether the respondent engaged in any other behavior 541
or conduct that leads the petitioner to have reasonable cause to 542
believe that he or she is in imminent danger of becoming a 543
victim of domestic violence. 544
545
In making its determination under this paragraph, the court is 546
not limited to those factors enumerated in subparagraphs 1.-11. 547
(c) The terms of an injunction restraining the respondent 548
under subparagraph (a)1. or ordering other relief for the 549
protection of the victim under subparagraph (a)9. shall remain 550

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in effect until modified or dissolved. Either party may move at 551
any time to modify or dissolve the injunction. No specific 552
allegations are required. Such relief may be granted in addition 553
to other civil or criminal remedies. 554
(d) A temporary or final judgment on injunction for 555
protection against domestic violence entered under this section 556
shall, on its face, indicate that: 557
1. The injunction is valid and enforceable in all counties 558
of the State of Florida. 559
2. Law enforcement officers may use their arrest powers 560
under s. 901.15(6) to enforce the terms of the injunction. 561
3. The court had jurisdiction over the parties and matter 562
under the laws of Florida and that reasonable notice and 563
opportunity to be heard was given to the person against whom the 564
order is sought sufficient to protect that person's right to due 565
process. 566
4. The date the respondent was served with the temporary 567
or final order, if obtainable. 568
(e) An injunction for protection against domestic violence 569
entered under this section, on its face, may order that the 570
respondent attend a batterers' intervention program as a 571
condition of the injunction. Unless the court makes written 572
factual findings in its judgment or order which are based on 573
substantial evidence, stating why batterers' intervention 574
programs would be inappropriate, the court shall order the 575

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respondent to attend a batterers' intervention program if: 576
1. It finds that the respondent willfully violated the 577
temporary ex parte injunction; 578
2. The respondent, in this state or any other state, has 579
been convicted of, had adjudication withheld on, or pled nolo 580
contendere to a crime involving violence or a threat of 581
violence; or 582
3. The respondent, in this state or any other state, has 583
had at any time a prior injunction for protection entered 584
against the respondent after a hearing with notice. 585
(f) The fact that a separate order of protection is 586
granted to each opposing party is not legally sufficient to deny 587
any remedy to either party or to prove that the parties are 588
equally at fault or equally endangered. 589
(g) A final judgment on injunction for protection against 590
domestic violence entered under this section must, on its face, 591
indicate that it is a violation of s. 790.233, and a first 592
degree misdemeanor, for the respondent to have in his or her 593
care, custody, possession, or control any firearm or ammunition. 594
(h) All proceedings under this subsection shall be 595
recorded. Recording may be by electronic means as provided by 596
the Rules of General Practice and Judicial Administration. 597
(7) The court shall allow an advocate from a state 598
attorney's office, an advocate from a law enforcement agency, or 599
an advocate from a certified domestic violence center who is 600

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registered under s. 39.905 to be present with the petitioner or 601
respondent during any court proceedings or hearings related to 602
the injunction for protection, provided the petitioner or 603
respondent has made such a request and the advocate is able to 604
be present. 605
(8)(a)1. Within 24 hours after the court sets the case for 606
a final hearing issues an injunction for protection against 607
domestic violence, the clerk of the court shall electronically 608
transmit a copy of the petition, designation of mailing and e-609
mail addresses for service, financial affidavit, Uniform Child 610
Custody Jurisdiction and Enforcement Act affidavit, if any, 611
notice of hearing, and temporary injunction, if any, to the 612
sheriff or a law enforcement agency of the county where the 613
respondent resides or can be found, who shall serve it upon the 614
respondent as soon thereafter as possible on any day of the week 615
and at any time of the day or night. The respondent shall file a 616
designation of mailing and e-mail addresses with the clerk of 617
the court for subsequent service within 1 business day after the 618
respondent has been personally served. An electronic copy of the 619
temporary an injunction must be certified by the clerk of the 620
court, and the electronic copy must be served in the same manner 621
as a certified copy. Upon receiving an electronic copy of the 622
temporary injunction, the sheriff must verify receipt with the 623
sender before attempting to serve it upon the respondent. In 624
addition, if the sheriff is in possession of a temporary an 625

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injunction for protection that has been certified by the clerk 626
of the court, the sheriff may electronically transmit a copy of 627
that temporary injunction to a law enforcement officer who shall 628
serve it in the same manner as a certified copy. The clerk of 629
the court is responsible for furnishing to the sheriff such 630
information on the respondent's physical description and 631
location as is required by the department to comply with the 632
verification procedures set forth in this section. 633
Notwithstanding any other law to the contrary, the chief judge 634
of each circuit, in consultation with the appropriate sheriff, 635
may authorize a law enforcement agency within the jurisdiction 636
to effect service. A law enforcement agency serving injunctions 637
pursuant to this section must use service and verification 638
procedures consistent with those of the sheriff. 639
2. When an injunction is issued, if the petitioner 640
requests the assistance of a law enforcement agency, the court 641
may order that an officer from the appropriate law enforcement 642
agency accompany the petitioner and assist in placing the 643
petitioner in possession of the dwelling or residence, or 644
otherwise assist in the execution or service of the temporary or 645
final injunction. A law enforcement officer must accept a copy 646
of the temporary or final an injunction for protection against 647
domestic violence, certified by the clerk of the court, from the 648
petitioner and immediately serve it upon a respondent who has 649
been located but not yet served. 650

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3. All orders issued, changed, continued, extended, or 651
vacated subsequent to the original service of documents 652
enumerated under subparagraph 1. must be certified by the clerk 653
of the court and delivered to the parties at the time of the 654
entry of the subsequent order, if a party is physically present 655
before the court. The parties may acknowledge receipt of such 656
order in writing on the face of the original order. If In the 657
event a party fails or refuses to acknowledge the receipt of a 658
certified copy of an order, the clerk shall note on the original 659
order that service was effected. If delivery at the hearing is 660
not possible or the parties have appeared through audio-video 661
communication technology, the clerk must shall mail or e-mail 662
certified copies of the order to the parties at the last known 663
physical or e-mail address of each party. Service by mail or e-664
mail is complete upon mailing or e-mailing. When an order is 665
served by the clerk of the court pursuant to this subsection, 666
the clerk shall prepare a written certification to be placed in 667
the court file specifying the time, date, and method of service 668
and shall notify the sheriff. 669
670
If the respondent has been served by a law enforcement officer 671
previously with the temporary injunction or a notice of hearing 672
on a and has failed to appear at the initial hearing on the 673
temporary injunction, any subsequent petition for injunction 674
seeking an extension of time, any subsequent temporary or final 675

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injunction, or any subsequent order may be served on the 676
respondent by the clerk of the court by certified mail or e-mail 677
in lieu of personal service by a law enforcement officer. 678
(b) A Domestic and Repeat Violence Injunction Statewide 679
Injunction Verification System is created within the Department 680
of Law Enforcement. The department shall establish, implement, 681
and maintain a statewide communication system capable of 682
electronically transmitting information to and between criminal 683
justice agencies relating to domestic violence injunctions, 684
dating violence injunctions, sexual violence injunctions, and 685
repeat violence injunctions, and stalking injunctions issued by 686
the courts throughout the state. Such information must include, 687
but is not limited to, information as to the existence and 688
status of any injunction for verification purposes. 689
(c)1. Within 24 hours after the court issues a temporary 690
an injunction for protection against domestic violence or 691
changes, continues, extends, or vacates an injunction for 692
protection against domestic violence, the clerk of the court 693
must electronically transmit a certified copy of the injunction 694
for service to the sheriff with jurisdiction over the residence 695
of the petitioner. The injunction must be served in accordance 696
with this subsection. 697
2. Within 24 hours after service of process of an 698
injunction for protection against domestic violence upon a 699
respondent, the law enforcement officer must electronically 700

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transmit the written proof of service of process to the sheriff 701
with jurisdiction over the residence of the petitioner. 702
3. Within 24 hours after the sheriff receives a certified 703
copy of the injunction for protection against domestic violence, 704
the sheriff must make information relating to the injunction 705
available to other law enforcement agencies by electronically 706
transmitting such information to the department. 707
4. Within 24 hours after the sheriff or other law 708
enforcement officer has made service upon the respondent and the 709
sheriff has been so notified, the sheriff must make information 710
relating to the service available to other law enforcement 711
agencies by electronically transmitting such information to the 712
department. 713
5. Within 24 hours after the court issues a final 714
injunction for protection after a hearing or changes, continues, 715
extends, or vacates an injunction for protection against 716
domestic violence, the clerk must mail or e-mail certified 717
copies of the injunction order to the last known physical or e-718
mail address of each party. Service by mail or e-mail is 719
complete upon mailing or e-mailing. When an order is served 720
pursuant to this subsection by the clerk of the court, the clerk 721
shall prepare a written certification to be placed in the court 722
file specifying the time, date, and method of service. The clerk 723
of the court must electronically transmit a certified copy of 724
the injunction to the sheriff with jurisdiction over the 725

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residence of the petitioner. Within 24 hours after the sheriff 726
receives a certified copy of the injunction for protection 727
against domestic violence under this subsection, the sheriff 728
must make information relating to the injunction available to 729
other law enforcement agencies by electronically transmitting 730
such information to the department. 731
6. Subject to available funding, the Florida Association 732
of Court Clerks and Comptrollers shall develop an automated 733
process by which a petitioner may request notification of 734
service of the injunction for protection against domestic 735
violence and other court actions related to the injunction for 736
protection. The automated notice must be made within 12 hours 737
after the sheriff or other law enforcement officer serves the 738
injunction upon the respondent. The notification must include, 739
at a minimum, the date, time, and location where the injunction 740
for protection against domestic violence was served. The Florida 741
Association of Court Clerks and Comptrollers may apply for any 742
available grants to fund the development of the automated 743
process. 744
7.6. Within 24 hours after an injunction for protection 745
against domestic violence is vacated, terminated, or otherwise 746
rendered no longer effective by ruling of the court, the clerk 747
of the court must notify the sheriff receiving original 748
notification of the injunction as provided in subparagraph 2. 749
That agency shall, within 24 hours after receiving such 750

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notification from the clerk of the court, notify the department 751
of such action of the court. 752
(d) The petitioner may request a Hope Card under s. 753
741.311 after the court has issued a final injunction order of 754
protection. 755
(9)(a) The court may enforce a violation of an injunction 756
for protection against domestic violence through a civil or 757
criminal contempt proceeding, or the state attorney may 758
prosecute it as a criminal violation under s. 741.31. The court 759
may enforce the respondent's compliance with the injunction 760
through any appropriate civil and criminal remedies, including, 761
but not limited to, a monetary assessment or a fine. The clerk 762
of the court shall collect and receive such assessments or 763
fines. On a monthly basis, the clerk shall transfer the moneys 764
collected pursuant to this paragraph to the State Treasury for 765
deposit in the Domestic Violence Trust Fund established in s. 766
741.01. 767
(b) If the respondent is arrested by a law enforcement 768
officer under s. 901.15(6) or for a violation of s. 741.31, the 769
respondent shall be held in custody until brought before the 770
court as expeditiously as possible for the purpose of enforcing 771
the injunction and for admittance to bail in accordance with 772
chapter 903 and the applicable rules of criminal procedure, 773
pending a hearing. 774
(10) The petitioner or the respondent may move the court 775

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to modify or dissolve an injunction at any time. 776
Section 2. Paragraph (a) of subsection (3), paragraph (b) 777
of subsection (4), and subsections (5) through (9) of section 778
784.046, Florida Statutes, are amended, and paragraph (f) is 779
added to subsection (2) of that section, to read: 780
784.046 Action by victim of repeat violence, sexual 781
violence, or dating violence for protective injunction; dating 782
violence investigations, notice to victims, and reporting; 783
pretrial release violations; public records exemption.— 784
(2) There is created a cause of action for an injunction 785
for protection in cases of repeat violence, there is created a 786
separate cause of action for an injunction for protection in 787
cases of dating violence, and there is created a separate cause 788
of action for an injunction for protection in cases of sexual 789
violence. 790
(f) The court is prohibited from issuing mutual orders of 791
protection. This does not preclude the court from issuing 792
separate injunctions for protection against repeat violence, 793
sexual violence, or dating violence if each party has complied 794
with this section. Compliance with this section may not be 795
waived. 796
(3)(a) The clerk of the court shall provide a copy of this 797
section, simplified forms for the injunction, a designation of 798
mailing and e-mail addresses for service, and clerical 799
assistance for the preparation and filing of such a petition by 800

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any person who is not represented by counsel. 801
(4) 802
(b) The verified petition must be in substantially the 803
following form: 804
805
PETITION FOR INJUNCTION FOR PROTECTION 806
AGAINST REPEAT VIOLENCE, SEXUAL 807
VIOLENCE, OR DATING VIOLENCE 808
809
The undersigned petitioner ...(name)... declares under 810
penalties of perjury that the following statements are true: 811
812
1. Petitioner resides at ...(address)... (A petitioner for 813
an injunction for protection against repeat violence, sexual 814
violence, or dating violence may furnish an address to the court 815
in a separate confidential filing if, for safety reasons, the 816
petitioner requires the location of his or her current residence 817
to be confidential pursuant to s. 119.071(2)(j), Florida 818
Statutes.) 819
2. Respondent resides at ...(address).... 820
3.a. Petitioner has suffered repeat violence as 821
demonstrated by the fact that the respondent has: ...(enumerate 822
incidents of violence)... 823
................................................................ 824
................................................................ 825

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................................................................ 826
b. Petitioner has suffered sexual violence as demonstrated 827
by the fact that the respondent has: ...(enumerate incident of 828
violence and include incident report number from law enforcement 829
agency or attach notice of inmate release)... 830
................................................................ 831
................................................................ 832
................................................................ 833
c. Petitioner is a victim of dating violence and has 834
reasonable cause to believe that he or she is in imminent danger 835
of becoming the victim of another act of dating violence or has 836
reasonable cause to believe that he or she is in imminent danger 837
of becoming a victim of dating violence, as demonstrated by the 838
fact that the respondent has: ...(list the specific incident or 839
incidents of violence and describe the length of time of the 840
relationship, whether it has been in existence during the last 6 841
months, the nature of the relationship of a romantic or intimate 842
nature, the frequency and type of interaction, and any other 843
facts that characterize the relationship)... 844
................................................................ 845
................................................................ 846
................................................................ 847

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4. Petitioner genuinely fears repeat violence by the 848
respondent. 849
5. Petitioner seeks: an immediate injunction against the 850
respondent, enjoining him or her from committing any further 851
acts of violence; an injunction enjoining the respondent from 852
committing any further acts of violence; and an injunction 853
providing any terms the court deems necessary for the protection 854
of the petitioner and the petitioner's immediate family, 855
including any injunctions or directives to law enforcement 856
agencies. 857
858
(5) Upon the filing of the petition, the court shall 859
review the petition ex parte. The court must set a final hearing 860
to be held at the earliest possible time if it appears that the 861
petitioner meets the criteria of paragraph (2)(a), paragraph 862
(2)(b), or paragraph (2)(c). If a final hearing is set, the 863
respondent must shall be personally served by a law enforcement 864
officer with a copy of the petition, designation of mailing and 865
e-mail addresses, notice of final hearing, and temporary 866
injunction, if any, before prior to the final hearing. 867
(6)(a) Upon review of the petition, if When it appears to 868
the court that an immediate and present danger of violence 869
exists, the court may grant a temporary injunction ex parte 870
which may be granted in an ex parte hearing, pending a final 871
full hearing, and may grant such relief as the court deems 872

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proper, including an injunction enjoining the respondent from 873
committing any acts of violence. 874
(b) Except as provided in s. 90.204, in an a hearing ex 875
parte review or hearing for the purpose of obtaining such 876
temporary injunction, no evidence other than the verified 877
pleadings or affidavits may not pleading or affidavit shall be 878
used as evidence, unless the respondent appears at the hearing 879
or has received reasonable notice of the hearing. A court's 880
denial of a petition for an ex parte temporary injunction must 881
be by written order noting the legal grounds for the denial. 882
When the only grounds for denial is no appearance of an 883
immediate and present danger of violence, the court may set a 884
final hearing on the petition without issuing a temporary 885
injunction with notice at the earliest possible time. This 886
paragraph does not affect a petitioner's right to promptly 887
dismiss a petition, amend a petition, or otherwise be heard in 888
person on a petition consistent with the Florida Rules of Civil 889
Procedure. 890
(c) Any such ex parte temporary injunction shall be 891
effective for a fixed period not to exceed 15 days. However, an 892
ex parte temporary injunction granted under subparagraph 893
(2)(c)2. is effective for 15 days following the date the 894
respondent is released from incarceration. If a final A full 895
hearing is set, it must as provided by this section, shall be 896
set for a date no later than the date when the temporary 897

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injunction ceases to be effective. The court may grant a 898
continuance of the temporary ex parte injunction before or 899
during the final and the full hearing before or during a 900
hearing, for good cause shown by any party, which includes a 901
continuance to obtain service of process. Any injunction must be 902
extended if necessary to remain in full force and effect during 903
any period of continuance. 904
(7) Upon notice and final hearing, the court may grant 905
such relief as the court deems proper, including an injunction: 906
(a) Enjoining the respondent from committing any acts of 907
violence. 908
(b) Ordering such other relief as the court deems 909
necessary for the protection of the petitioner, including 910
injunctions or directives to law enforcement agencies, as 911
provided in this section. 912
(c) The terms of the injunction shall remain in full force 913
and effect until modified or dissolved. Either party may move at 914
any time to modify or dissolve the injunction. Such relief may 915
be granted in addition to other civil or criminal remedies. 916
(d) A temporary or final judgment on injunction for 917
protection against repeat violence, sexual violence, or dating 918
violence entered pursuant to this section shall, on its face, 919
indicate that: 920
1. The injunction is valid and enforceable in all counties 921
of the State of Florida. 922

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2. Law enforcement officers may use their arrest powers 923
pursuant to s. 901.15(6) to enforce the terms of the injunction. 924
3. The court had jurisdiction over the parties and matter 925
under the laws of Florida and that reasonable notice and 926
opportunity to be heard was given to the person against whom the 927
order is sought sufficient to protect that person's right to due 928
process. 929
4. The date that the respondent was served with the 930
temporary or final order, if obtainable. 931
5. All proceedings under this paragraph must be recorded. 932
Recording may be by electronic means as provided by the Rules of 933
General Practice and Judicial Administration. 934
(8)(a)1. Within 24 hours after the court sets the case for 935
a final hearing issues an injunction for protection against 936
repeat violence, sexual violence, or dating violence, the clerk 937
of the court shall electronically transmit a copy of the 938
petition, designation of mailing and e-mail addresses for 939
service, notice of hearing, and temporary injunction, if any, to 940
the sheriff or a law enforcement agency of the county where the 941
respondent resides or can be found, who shall serve it upon the 942
respondent as soon thereafter as possible on any day of the week 943
and at any time of the day or night. The respondent shall file a 944
designation of mailing or e-mail addresses with the clerk of the 945
court for subsequent service within 1 business day after the 946
respondent has been personally served. An electronic copy of the 947

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temporary an injunction must be certified by the clerk of the 948
court, and the electronic copy must be served in the same manner 949
as a certified copy. Upon receiving an electronic copy of the 950
temporary injunction, the sheriff must verify receipt with the 951
sender before attempting to serve it upon the respondent. In 952
addition, if the sheriff is in possession of the temporary an 953
injunction for protection that has been certified by the clerk 954
of the court, the sheriff may electronically transmit a copy of 955
that temporary injunction to a law enforcement officer who shall 956
serve it in the same manner as a certified copy. The clerk of 957
the court is responsible for furnishing to the sheriff such 958
information on the respondent's physical description and 959
location as is required by the department to comply with the 960
verification procedures set forth in this section. 961
Notwithstanding any other law to the contrary, the chief judge 962
of each circuit, in consultation with the appropriate sheriff, 963
may authorize a law enforcement agency within the chief judge's 964
jurisdiction to effect this type of service and to receive a 965
portion of the service fee. A person may not serve or execute a 966
temporary an injunction issued under this section unless the 967
person is a law enforcement officer as defined in chapter 943. 968
2. When an injunction is issued, if the petitioner 969
requests the assistance of a law enforcement agency, the court 970
may order that an officer from the appropriate law enforcement 971
agency accompany the petitioner and assist in the execution or 972

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service of the temporary or final injunction. A law enforcement 973
officer must accept a copy of the temporary or final an 974
injunction for protection against repeat violence, sexual 975
violence, or dating violence, certified by the clerk of the 976
court, from the petitioner and immediately serve it upon a 977
respondent who has been located but not yet served. 978
3. All orders issued, changed, continued, extended, or 979
vacated subsequent to the original service of documents 980
enumerated under subparagraph 1. must be certified by the clerk 981
of the court and delivered to the parties at the time of the 982
entry of the subsequent order if a party is physically present 983
before the court. The parties may acknowledge receipt of such 984
order in writing on the face of the original order. If a party 985
fails or refuses to acknowledge the receipt of a certified copy 986
of an order, the clerk must note on the original order that 987
service was effected. If delivery at the hearing is not 988
possible, or the parties have appeared through audio-video 989
communication technology, the clerk must mail or e-mail 990
certified copies of the order to the parties at the last known 991
physical or e-mail address of each party. Service by mail or e-992
mail is complete upon mailing or e-mailing. When an order is 993
served by the clerk of the court pursuant to this subsection, 994
the clerk shall prepare a written certification to be placed in 995
the court file specifying the time, date, and method of service 996
and shall notify the sheriff. 997

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998
If the respondent has been served by a law enforcement officer 999
with the temporary injunction or a notice of hearing on a 1000
temporary injunction, any subsequent petition for injunction 1001
seeking an extension of time, or any subsequent temporary 1002
injunction, final injunction, or order, may be served on the 1003
respondent by the clerk of the court by certified mail or e-1004
mail, in lieu of personal service by a law enforcement officer. 1005
(b) A Domestic, Dating, Sexual, and Repeat Violence 1006
Injunction Statewide Injunction Verification System is created 1007
within the Department of Law Enforcement. The department shall 1008
establish, implement, and maintain a statewide communication 1009
system capable of electronically transmitting information to and 1010
between criminal justice agencies relating to domestic violence 1011
injunctions, dating violence injunctions, sexual violence 1012
injunctions, and repeat violence injunctions, and stalking 1013
injunctions issued by the courts throughout the state. Such 1014
information must include, but is not limited to, information as 1015
to the existence and status of any injunction for verification 1016
purposes. 1017
(c)1. Within 24 hours after the court issues an injunction 1018
for protection against repeat violence, sexual violence, or 1019
dating violence or changes or vacates an injunction for 1020
protection against repeat violence, sexual violence, or dating 1021
violence, the clerk of the court must electronically transmit a 1022

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copy of the injunction to the sheriff with jurisdiction over the 1023
residence of the petitioner. 1024
2. Within 24 hours after service of process of an 1025
injunction for protection against repeat violence, sexual 1026
violence, or dating violence upon a respondent, the law 1027
enforcement officer must electronically transmit the written 1028
proof of service of process to the sheriff with jurisdiction 1029
over the residence of the petitioner. 1030
3. Within 24 hours after the sheriff receives a certified 1031
copy of the injunction for protection against repeat violence, 1032
sexual violence, or dating violence, the sheriff must make 1033
information relating to the injunction available to other law 1034
enforcement agencies by electronically transmitting such 1035
information to the department. 1036
4. Within 24 hours after the sheriff or other law 1037
enforcement officer has made service upon the respondent and the 1038
sheriff has been so notified, the sheriff must make information 1039
relating to the service available to other law enforcement 1040
agencies by electronically transmitting such information to the 1041
department. 1042
5. Within 24 hours after the court issues a final 1043
injunction for protection after a hearing or changes, continues, 1044
extends, or vacates an injunction for protection against repeat, 1045
sexual, or dating violence, the clerk must mail or e-mail 1046
certified copies of the injunction order to the last known 1047

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physical or e-mail address of each party. Service by mail or e-1048
mail is complete upon mailing or e-mailing. When an order is 1049
served pursuant to this subsection, the clerk shall prepare a 1050
written certification to be placed in the court file specifying 1051
the time, date, and method of service. The clerk of the court 1052
shall electronically transmit a certified copy of the injunction 1053
to the sheriff with jurisdiction over the residence of the 1054
petitioner. Within 24 hours after the sheriff receives a 1055
certified copy of the injunction for protection against domestic 1056
violence under this subsection, the sheriff must make 1057
information relating to the injunction available to other law 1058
enforcement agencies by electronically transmitting such 1059
information to the department. 1060
6. Subject to available funding, the Florida Association 1061
of Court Clerks and Comptrollers shall develop an automated 1062
process by which a petitioner may request notification of 1063
service of the injunction for protection against repeat 1064
violence, sexual violence, or dating violence and other court 1065
actions related to the injunction for protection. The automated 1066
notice must be made within 12 hours after the sheriff or other 1067
law enforcement officer serves the injunction upon the 1068
respondent. The notification must include, at a minimum, the 1069
date, time, and location where the injunction for protection 1070
against repeat violence, sexual violence, or dating violence was 1071
served. The Florida Association of Court Clerks and Comptrollers 1072

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may apply for any available grants to fund the development of 1073
the automated process. 1074
7.6. Within 24 hours after an injunction for protection 1075
against repeat violence, sexual violence, or dating violence is 1076
lifted, terminated, or otherwise rendered no longer effective by 1077
ruling of the court, the clerk of the court must notify the 1078
sheriff or local law enforcement agency receiving original 1079
notification of the injunction as provided in subparagraph 2. 1080
That agency shall, within 24 hours after receiving such 1081
notification from the clerk of the court, notify the department 1082
of such action of the court. 1083
(d) The petitioner may request a Hope Card under s. 1084
741.311 after the court has issued a final injunction order of 1085
protection. 1086
(9)(a) The court shall enforce, through a civil or 1087
criminal contempt proceeding, a violation of the temporary or 1088
final an injunction for protection. The court may enforce the 1089
respondent's compliance with the injunction by imposing a 1090
monetary assessment. The clerk of the court shall collect and 1091
receive such assessments. On a monthly basis, the clerk shall 1092
transfer the moneys collected pursuant to this paragraph to the 1093
State Treasury for deposit in the Crimes Compensation Trust Fund 1094
established in s. 960.21. 1095
(b) If the respondent is arrested by a law enforcement 1096
officer under s. 901.15(6) for committing an act of repeat 1097

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violence, sexual violence, or dating violence in violation of a 1098
temporary or final an injunction for protection, the respondent 1099
shall be held in custody until brought before the court as 1100
expeditiously as possible for the purpose of enforcing the 1101
injunction and for admittance to bail in accordance with chapter 1102
903 and the applicable rules of criminal procedure, pending a 1103
hearing. 1104
Section 3. Section 784.0485, Florida Statutes, is amended 1105
to read: 1106
784.0485 Stalking; injunction; powers and duties of court 1107
and clerk; petition; notice and hearing; temporary injunction; 1108
issuance of injunction; Statewide Injunction Verification 1109
System; enforcement.— 1110
(1) There is created a cause of action for an injunction 1111
for protection against stalking. For the purposes of injunctions 1112
for protection against stalking under this section, the offense 1113
of stalking shall include the offense of cyberstalking. 1114
(a) A person who is the victim of stalking or the parent 1115
or legal guardian of a minor child who is living at home who 1116
seeks an injunction for protection against stalking on behalf of 1117
the minor child has standing in the circuit court to file a 1118
verified petition for an injunction for protection against 1119
stalking. 1120
(b) The cause of action for an injunction for protection 1121
may be sought regardless of whether any other cause of action is 1122

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currently pending between the parties. However, the pendency of 1123
any such cause of action shall be alleged in the petition. 1124
(c) The cause of action for an injunction may be sought by 1125
any affected person. 1126
(d) The cause of action for an injunction does not require 1127
either party to be represented by an attorney. 1128
(e) The court may not issue mutual orders of protection; 1129
however, the court is not precluded from issuing separate 1130
injunctions for protection against stalking if each party has 1131
complied with this section. Compliance with this section may not 1132
be waived. 1133
(f) Notwithstanding chapter 47, a petition for an 1134
injunction for protection against stalking may be filed in the 1135
circuit where the petitioner currently or temporarily resides, 1136
where the respondent resides, or where the stalking occurred. 1137
There is no minimum requirement of residency to petition for an 1138
injunction for protection. 1139
(2)(a) Notwithstanding any other law, the clerk of court 1140
may not assess a filing fee to file a petition for protection 1141
against stalking. However, subject to legislative appropriation, 1142
the clerk of the circuit court may, on a quarterly basis, submit 1143
to the Justice Administrative Commission a certified request for 1144
reimbursement for petitions for protection against stalking 1145
issued by the court, at the rate of $40 per petition. The 1146
request for reimbursement must be submitted in the form and 1147

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manner prescribed by the Justice Administrative Commission. From 1148
this reimbursement, the clerk shall pay any law enforcement 1149
agency serving the injunction the fee requested by the law 1150
enforcement agency; however, this fee may not exceed $20. 1151
(b) A bond is not required by the court for the entry of 1152
an injunction. 1153
(c)1. The clerk of the court shall assist petitioners in 1154
seeking both injunctions for protection against stalking and 1155
enforcement of a violation thereof as specified in this section. 1156
2. All offices of the clerk of the court shall provide 1157
simplified petition forms for the injunction and any 1158
modifications to and the enforcement thereof, and a designation 1159
of mailing and e-mail addresses for service, including 1160
instructions for completion. 1161
3. The clerk of the court shall ensure the petitioner's 1162
privacy to the extent practicable while completing the forms for 1163
an injunction for protection against stalking. 1164
4. The clerk of the court shall provide a petitioner with 1165
a minimum of two certified copies of the order of injunction, 1166
one of which is serviceable and will inform the petitioner of 1167
the process for service and enforcement. 1168
5. The clerk of the court and appropriate staff in each 1169
county shall receive training in the effective assistance of 1170
petitioners as provided or approved by the Florida Association 1171
of Court Clerks and Comptrollers. 1172

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6. The clerk of the court in each county shall make 1173
available informational brochures on stalking when such a 1174
brochure is provided by the local certified domestic violence 1175
center or certified rape crisis center. 1176
7. The clerk of the court in each county shall distribute 1177
a statewide uniform informational brochure to petitioners at the 1178
time of filing for an injunction for protection against stalking 1179
when such brochures become available. The brochure must include 1180
information about the effect of giving the court false 1181
information. 1182
(3)(a) The verified petition shall allege the existence of 1183
such stalking and shall include the specific facts and 1184
circumstances for which relief is sought. 1185
(b) The verified petition shall be in substantially the 1186
following form: 1187
1188
PETITION FOR INJUNCTION 1189
FOR PROTECTION AGAINST STALKING 1190
1191
The undersigned petitioner ...(name)... declares under 1192
penalties of perjury that the following statements are 1193
true: 1194
1195
1. Petitioner resides at: ...(address)... 1196
(Petitioner may furnish the address to the court in a 1197

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separate confidential filing if, for safety reasons, 1198
the petitioner requires the location of the current 1199
residence to be confidential.) 1200
2. Respondent resides at: ...(last known address)... 1201
3. Respondent's last known place of employment: 1202
...(name of business and address)... 1203
4. Physical description of respondent: .... 1204
5. Race: .... 1205
6. Sex: .... 1206
7. Date of birth: .... 1207
8. Height: .... 1208
9. Weight: .... 1209
10. Eye color: .... 1210
11. Hair color: .... 1211
12. Distinguishing marks or scars: .... 1212
13. Aliases of respondent: .... 1213
1214
(c) The petitioner shall describe any other cause of 1215
action currently pending between the petitioner and respondent. 1216
The petitioner shall also describe any previous attempt by the 1217
petitioner to obtain an injunction for protection against 1218
stalking in this or any other circuit, and the result of that 1219
attempt. (Case numbers should be included, if available.) 1220
(d) The petition must provide space for the petitioner to 1221
specifically allege that he or she is a victim of stalking 1222

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because respondent has: 1223
1224
(Mark all sections that apply and describe in the 1225
spaces below the incidents of stalking specifying when 1226
and where they occurred, including, but not limited 1227
to, locations such as a home, school, or place of 1228
employment.) 1229
1230
.... Committed stalking. 1231
.... Previously threatened, harassed, stalked, 1232
cyberstalked, or physically abused the petitioner. 1233
.... Threatened to harm the petitioner or family members or 1234
individuals closely associated with the petitioner. 1235
.... Intentionally injured or killed a family pet. 1236
.... Used, or threatened to use, against the petitioner any 1237
weapons such as guns or knives. 1238
.... A criminal history involving violence or the threat of 1239
violence, if known. 1240
.... Another order of protection issued against him or her 1241
previously or from another jurisdiction, if known. 1242
.... Destroyed personal property, including, but not 1243
limited to, telephones or other communication equipment, 1244
clothing, or other items belonging to the petitioner. 1245
1246
(e) The petitioner seeks an injunction: 1247

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1248
(Mark appropriate section or sections.) 1249
1250
.... Immediately restraining the respondent from committing 1251
any acts of stalking. 1252
.... Restraining the respondent from committing any acts of 1253
stalking. 1254
.... Providing any terms the court deems necessary for the 1255
protection of a victim of stalking, including any injunctions or 1256
directives to law enforcement agencies. 1257
1258
(f) Every petition for an injunction against stalking must 1259
contain, directly above the signature line, a statement in all 1260
capital letters and bold type not smaller than the surrounding 1261
text, as follows: 1262
1263
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ 1264
THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT 1265
ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN 1266
THIS PETITION ARE BEING MADE UNDER PENALTIES OF 1267
PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525, 1268
FLORIDA STATUTES. 1269
1270
...(initials)... 1271
1272

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(4) Upon the filing of the petition, the court shall 1273
review the petition ex parte. The court must set a final hearing 1274
to be held at the earliest possible time if it appears that the 1275
petitioner is a victim of stalking. If a final hearing is set, 1276
the respondent must shall be personally served by a law 1277
enforcement officer with a copy of the petition, notice of 1278
hearing, and temporary injunction, if any, before the final 1279
hearing. 1280
(5)(a) Upon review of the petition, if it appears to the 1281
court that stalking exists, the court may grant a temporary 1282
injunction ex parte, pending a final full hearing, and may grant 1283
such relief as the court deems proper, including an injunction 1284
restraining the respondent from committing any act of stalking. 1285
(b) Except as provided in s. 90.204, in an ex parte review 1286
or an a hearing ex parte hearing for the purpose of obtaining 1287
such ex parte temporary injunction, evidence other than verified 1288
pleadings or affidavits may not be used as evidence, unless the 1289
respondent appears at the hearing or has received reasonable 1290
notice of the hearing. A denial of a petition for an ex parte 1291
temporary injunction shall be by written order noting the legal 1292
grounds for denial. If the only ground for denial is no 1293
appearance of an immediate and present danger of stalking, the 1294
court shall set a final full hearing on the petition for 1295
injunction with notice at the earliest possible time. This 1296
paragraph does not affect a petitioner's right to promptly amend 1297

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any petition, or otherwise be heard in person on any petition 1298
consistent with the Florida Rules of Civil Procedure. 1299
(c) Any such ex parte temporary injunction is effective 1300
for a fixed period not to exceed 15 days. If a final full 1301
hearing is set, as provided in this section, the hearing shall 1302
be set for a date no later than the date when the temporary 1303
injunction ceases to be effective. The court may grant a 1304
continuance of the hearing before or during the final a hearing 1305
for good cause shown by any party, which shall include a 1306
continuance to obtain service of process. An injunction shall be 1307
extended if necessary to remain in full force and effect during 1308
any period of continuance. 1309
(6)(a) Upon notice and final hearing, when it appears to 1310
the court that the petitioner is the victim of stalking, the 1311
court may grant such relief as the court deems proper, including 1312
an injunction: 1313
1. Restraining the respondent from committing any act of 1314
stalking. 1315
2. Ordering the respondent to participate in treatment, 1316
intervention, or counseling services to be paid for by the 1317
respondent. 1318
3. Referring a petitioner to appropriate services. The 1319
court may provide the petitioner with a list of certified 1320
domestic violence centers, certified rape crisis centers, and 1321
other appropriate referrals in the circuit which the petitioner 1322

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may contact. 1323
4. Ordering such other relief as the court deems necessary 1324
for the protection of a victim of stalking, including 1325
injunctions or directives to law enforcement agencies, as 1326
provided in this section. 1327
(b) The terms of an injunction restraining the respondent 1328
under subparagraph (a)1. or ordering other relief for the 1329
protection of the victim under subparagraph (a)4. shall remain 1330
in effect until modified or dissolved. Either party may move at 1331
any time to modify or dissolve the injunction. Specific 1332
allegations are not required. Such relief may be granted in 1333
addition to other civil or criminal remedies. 1334
(c) A temporary or final judgment on injunction for 1335
protection against stalking entered pursuant to this section 1336
shall, on its face, indicate: 1337
1. That the injunction is valid and enforceable in all 1338
counties of this state. 1339
2. That law enforcement officers may use their arrest 1340
powers pursuant to s. 901.15(6) to enforce the terms of the 1341
injunction. 1342
3. That the court has jurisdiction over the parties and 1343
matter under the laws of this state and that reasonable notice 1344
and opportunity to be heard was given to the person against whom 1345
the order is sought sufficient to protect that person's right to 1346
due process. 1347

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4. The date that the respondent was served with the 1348
temporary or final injunction order, if obtainable. 1349
(d) The fact that a separate injunction order of 1350
protection is granted to each opposing party is not legally 1351
sufficient to deny any remedy to either party or to prove that 1352
the parties are equally at fault or equally endangered. 1353
(e) A final judgment on an injunction for protection 1354
against stalking entered pursuant to this section must, on its 1355
face, provide that it is a violation of s. 790.233 and a 1356
misdemeanor of the first degree for the respondent to have in 1357
his or her care, custody, possession, or control any firearm or 1358
ammunition. 1359
(f) All proceedings under this subsection shall be 1360
recorded. Recording may be by electronic means as provided by 1361
the Rules of General Practice and Judicial Administration. 1362
(7) The court shall allow an advocate from a state 1363
attorney's office, a law enforcement agency, a certified rape 1364
crisis center, or a certified domestic violence center who is 1365
registered under s. 39.905 to be present with the petitioner or 1366
respondent during any court proceedings or hearings related to 1367
the injunction for protection if the petitioner or respondent 1368
has made such a request and the advocate is able to be present. 1369
(8)(a)1. Within 24 hours after the court sets the case for 1370
a final hearing issues an injunction for protection against 1371
stalking, the clerk of the court shall electronically transmit a 1372

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copy of the petition, designation of mailing and e-mail 1373
addresses, notice of hearing, and temporary injunction, if any, 1374
to the sheriff or a law enforcement agency of the county where 1375
the respondent resides or can be found, who shall serve it upon 1376
the respondent as soon thereafter as possible on any day of the 1377
week and at any time of the day or night. The respondent shall 1378
file a designation of mailing or e-mail addresses with the clerk 1379
of the court for subsequent service within 1 business day after 1380
the respondent has been personally served. An electronic copy of 1381
the temporary an injunction must be certified by the clerk of 1382
the court, and the electronic copy must be served in the same 1383
manner as a certified copy. Upon receiving an electronic copy of 1384
the temporary injunction, the sheriff must verify receipt with 1385
the sender before attempting to serve it on the respondent. In 1386
addition, if the sheriff is in possession of a temporary an 1387
injunction for protection that has been certified by the clerk 1388
of the court, the sheriff may electronically transmit a copy of 1389
that temporary injunction to a law enforcement officer who shall 1390
serve it in the same manner as a certified copy. The clerk of 1391
the court shall furnish to the sheriff such information 1392
concerning the respondent's physical description and location as 1393
is required by the Department of Law Enforcement to comply with 1394
the verification procedures set forth in this section. 1395
Notwithstanding any other law, the chief judge of each circuit, 1396
in consultation with the appropriate sheriff, may authorize a 1397

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law enforcement agency within the jurisdiction to effect 1398
service. A law enforcement agency serving injunctions pursuant 1399
to this section must use service and verification procedures 1400
consistent with those of the sheriff. 1401
2. If an injunction is issued and the petitioner requests 1402
the assistance of a law enforcement agency, the court may order 1403
that an officer from the appropriate law enforcement agency 1404
accompany the petitioner to assist in the execution or service 1405
of the temporary or final injunction. A law enforcement officer 1406
must accept a copy of a temporary or final an injunction for 1407
protection against stalking, certified by the clerk of the 1408
court, from the petitioner and immediately serve it upon a 1409
respondent who has been located but not yet served. 1410
3. An order issued, changed, continued, extended, or 1411
vacated subsequent to the original service of documents 1412
enumerated under subparagraph 1. must be certified by the clerk 1413
of the court and delivered to the parties at the time of the 1414
entry of the subsequent order if a party is physically present 1415
before the court. The parties may acknowledge receipt of such 1416
order in writing on the face of the original order. In the event 1417
If a party fails or refuses to acknowledge the receipt of a 1418
certified copy of an order, the clerk must shall note on the 1419
original order that service was effected. If delivery at the 1420
hearing is not possible, or the parties have appeared through 1421
audio-video communication technology, the clerk must shall mail 1422

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or e-mail certified copies of the order to the parties at the 1423
last known physical or e-mail address of each party. Service by 1424
mail or e-mail is complete upon mailing or e-mailing. When an 1425
order is served by the clerk of the court pursuant to this 1426
subsection, the clerk shall prepare a written certification to 1427
be placed in the court file specifying the time, date, and 1428
method of service and shall notify the sheriff. 1429
4. If the respondent has been served by a law enforcement 1430
officer previously with the a temporary injunction or a notice 1431
of hearing on a and has failed to appear at the initial hearing 1432
on the temporary injunction, any subsequent petition for 1433
injunction seeking an extension of time and any subsequent 1434
temporary injunction, final injunction, or order may be served 1435
on the respondent by the clerk of the court by certified mail or 1436
e-mail in lieu of personal service by a law enforcement officer. 1437
5. A Statewide Injunction Verification System is created 1438
within the Department of Law Enforcement. The department shall 1439
establish, implement, and maintain a statewide communication 1440
system capable of electronically transmitting information to and 1441
between criminal justice agencies relating to domestic violence 1442
injunctions, dating violence injunctions, sexual violence 1443
injunctions, repeat violence injunctions, and stalking 1444
injunctions issued by the courts throughout this state. Such 1445
information must include, but is not limited to, information as 1446
to the existence and status of any injunction for verification 1447

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purposes. 1448
(b)1. Subsequent to the original service of documents in 1449
subparagraph (a)1., the clerk of the court, within 24 hours 1450
after the court issues a final an injunction for protection 1451
against stalking or changes, continues, extends, or vacates a 1452
temporary an injunction for protection against stalking, the 1453
clerk of the court must electronically transmit a certified copy 1454
of the injunction for service to the sheriff having jurisdiction 1455
over the residence of the petitioner. The clerk must mail or e-1456
mail certified copies of the order to the parties to the last 1457
known physical or e-mail address of each party. Service by mail 1458
or e-mail is complete upon mailing or e-mailing. When an order 1459
is served pursuant to this subsection, the clerk shall prepare a 1460
written certification to be placed in the court file specifying 1461
the time, date, and method of service and shall electronically 1462
transmit a certified copy of the order to the sheriff with 1463
jurisdiction over the residence of the petitioner The injunction 1464
must be served in accordance with this subsection. 1465
2. Within 24 hours after service of process of an 1466
injunction for protection against stalking upon a respondent, 1467
the law enforcement officer must electronically transmit the 1468
written proof of service of process to the sheriff having 1469
jurisdiction over the residence of the petitioner. 1470
3. Within 24 hours after the sheriff receives a certified 1471
copy of the injunction for protection against stalking, the 1472

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sheriff must make information relating to the injunction 1473
available to other law enforcement agencies by electronically 1474
transmitting such information to the Department of Law 1475
Enforcement. 1476
4. Within 24 hours after the sheriff or other law 1477
enforcement officer has made service upon the respondent and the 1478
sheriff has been so notified, the sheriff must make information 1479
relating to the service available to other law enforcement 1480
agencies by electronically transmitting such information to the 1481
Department of Law Enforcement. 1482
5. Within 24 hours after the court issues a final 1483
injunction for protection after a hearing or changes, continues, 1484
extends, or vacates an injunction for protection against 1485
stalking is vacated, terminated, or otherwise rendered no longer 1486
effective by ruling of the court, the clerk of the court must 1487
mail or e-mail certified copies of the injunction order to the 1488
last known physical or e-mail address of each party. Service by 1489
mail or e-mail is complete upon mailing or e-mailing. When an 1490
order is served pursuant to this subsection, the clerk shall 1491
prepare a written certification to be placed in the court file 1492
specifying the time, date, and method or service. The clerk of 1493
the court must electronically transmit a certified copy of the 1494
injunction to the sheriff with jurisdiction over the residence 1495
of the petitioner. Within 24 hours after the sheriff receives a 1496
certified copy of the injunction for protection against stalking 1497

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under this subsection, the sheriff must make information 1498
relating to the injunction available to other law enforcement 1499
agencies by electronically transmitting such information to 1500
notify the sheriff receiving original notification of the 1501
injunction as provided in subparagraph 2. That agency shall, 1502
within 24 hours after receiving such notification from the clerk 1503
of the court, notify the Department of Law Enforcement of such 1504
action of the court. 1505
(c) The petitioner may request a Hope Card under s. 1506
741.311 after the court has issued a final injunction order of 1507
protection. 1508
(9)(a) The court may enforce a violation of a temporary or 1509
final an injunction for protection against stalking through a 1510
civil or criminal contempt proceeding, or the state attorney may 1511
prosecute it as a criminal violation under s. 784.0487. Any 1512
assessments or fines ordered by the court enforcing such an 1513
injunction shall be collected by the clerk of the court and 1514
transferred on a monthly basis to the State Treasury for deposit 1515
into the Domestic Violence Trust Fund. 1516
(b) If the respondent is arrested by a law enforcement 1517
officer under s. 901.15(6) or for a violation of s. 784.0487, 1518
the respondent shall be held in custody until brought before the 1519
court as expeditiously as possible for the purpose of enforcing 1520
the injunction and for admittance to bail in accordance with 1521
chapter 903 and the applicable rules of criminal procedure, 1522

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pending a hearing. 1523
(10) The petitioner or the respondent may move the court 1524
to modify or dissolve an injunction at any time. 1525
Section 4. Paragraph (a) of subsection (3) of section 1526
61.1825, Florida Statutes, is amended to read: 1527
61.1825 State Case Registry.— 1528
(3)(a) For the purpose of this section, a family violence 1529
indicator must be placed on a record when: 1530
1. A party executes a sworn statement requesting that a 1531
family violence indicator be placed on that party's record which 1532
states that the party has reason to believe that release of 1533
information to the Federal Case Registry may result in physical 1534
or emotional harm to the party or the child; or 1535
2. A temporary or final injunction for protection against 1536
domestic violence has been granted pursuant to s. 741.30(6), an 1537
injunction for protection against domestic violence has been 1538
issued by a court of a foreign state pursuant to s. 741.315, or 1539
a temporary or final injunction for protection against repeat 1540
violence has been granted pursuant to s. 784.046; or 1541
3. The department has received information on a Title IV-D 1542
case from the Statewide Domestic, Dating, Sexual, and Repeat 1543
Violence Injunction Statewide Verification System, established 1544
pursuant to s. 784.046(8)(b), that a court has granted a party a 1545
domestic violence or repeat violence injunction. 1546
Section 5. Paragraph (e) of subsection (2) of section 1547

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943.05, Florida Statutes, is amended to read: 1548
943.05 Criminal Justice Information Program; duties; crime 1549
reports.— 1550
(2) The program shall: 1551
(e) Establish, implement, and maintain a Statewide 1552
Domestic and Repeat Violence Injunction Statewide Verification 1553
System capable of electronically transmitting information to and 1554
between criminal justice agencies relating to domestic violence 1555
injunctions, injunctions to prevent child abuse issued under 1556
chapter 39, and repeat violence injunctions issued by the courts 1557
throughout the state. Such information must include, but is not 1558
limited to, information as to the existence and status of any 1559
such injunction for verification purposes. 1560
Section 6. For the purpose of incorporating the amendment 1561
made by this act to section 741.30, Florida Statutes, in a 1562
reference thereto, subsection (5) of section 39.504, Florida 1563
Statutes, is reenacted to read: 1564
39.504 Injunction; penalty.— 1565
(5) Service of process on the respondent shall be carried 1566
out pursuant to s. 741.30. The department shall deliver a copy 1567
of any injunction issued pursuant to this section to the 1568
protected party or to a parent, caregiver, or individual acting 1569
in the place of a parent who is not the respondent. Law 1570
enforcement officers may exercise their arrest powers as 1571
provided in s. 901.15(6) to enforce the terms of the injunction. 1572

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Section 7. For the purpose of incorporating the amendment 1573
made by this act to section 741.30, Florida Statutes, in a 1574
reference thereto, paragraph (b) of subsection (3) of section 1575
44.407, Florida Statutes, is reenacted to read: 1576
44.407 Elder-focused dispute resolution process.— 1577
(3) REFERRAL.— 1578
(b) The court may not refer a party who has a history of 1579
domestic violence or exploitation of an elderly person to 1580
eldercaring coordination unless the elder and other parties in 1581
the action consent to such referral. 1582
1. The court shall offer each party an opportunity to 1583
consult with an attorney or a domestic violence advocate before 1584
accepting consent to such referral. The court shall determine 1585
whether each party has given his or her consent freely and 1586
voluntarily. 1587
2. The court shall consider whether a party has committed 1588
an act of exploitation as defined in s. 415.102, exploitation of 1589
an elderly person or disabled adult as defined in s. 825.103(1), 1590
or domestic violence as defined in s. 741.28 against another 1591
party or any member of another party's family; engaged in a 1592
pattern of behaviors that exert power and control over another 1593
party and that may compromise another party's ability to 1594
negotiate a fair result; or engaged in behavior that leads 1595
another party to have reasonable cause to believe that he or she 1596
is in imminent danger of becoming a victim of domestic violence. 1597

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The court shall consider and evaluate all relevant factors, 1598
including, but not limited to, the factors specified in s. 1599
741.30(6)(b). 1600
3. If a party has a history of domestic violence or 1601
exploitation of an elderly person, the court must order 1602
safeguards to protect the safety of the participants and the 1603
elder and the elder's property, including, but not limited to, 1604
adherence to all provisions of an injunction for protection or 1605
conditions of bail, probation, or a sentence arising from 1606
criminal proceedings. 1607
Section 8. For the purpose of incorporating the amendment 1608
made by this act to section 741.30, Florida Statutes, in a 1609
reference thereto, paragraph (b) of subsection (4) of section 1610
61.125, Florida Statutes, is reenacted to read: 1611
61.125 Parenting coordination.— 1612
(4) DOMESTIC VIOLENCE ISSUES.— 1613
(b) In determining whether there has been a history of 1614
domestic violence, the court shall consider whether a party has 1615
committed an act of domestic violence as defined s. 741.28, or 1616
child abuse as defined in s. 39.01, against the other party or 1617
any member of the other party's family; engaged in a pattern of 1618
behaviors that exert power and control over the other party and 1619
that may compromise the other party's ability to negotiate a 1620
fair result; or engaged in behavior that leads the other party 1621
to have reasonable cause to believe he or she is in imminent 1622

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danger of becoming a victim of domestic violence. The court 1623
shall consider and evaluate all relevant factors, including, but 1624
not limited to, the factors listed in s. 741.30(6)(b). 1625
Section 9. For the purpose of incorporating the amendment 1626
made by this act to section 741.30, Florida Statutes, in a 1627
reference thereto, subsection (1) of section 741.29, Florida 1628
Statutes, is reenacted to read: 1629
741.29 Domestic violence; investigation of incidents; 1630
notice to victims of legal rights and remedies; reporting.— 1631
(1) Any law enforcement officer who investigates an 1632
alleged incident of domestic violence shall: 1633
(a) Assist the victim to obtain medical treatment if such 1634
is required as a result of the alleged incident to which the 1635
officer responds; 1636
(b) Advise the victim of such violence that there is a 1637
domestic violence center from which the victim may receive 1638
services; 1639
(c) Administer a lethality assessment consistent with the 1640
requirements established in subsection (2) if the allegation of 1641
domestic violence is against an intimate partner, regardless of 1642
whether an arrest is made; and 1643
(d) Give the victim immediate notice of the legal rights 1644
and remedies available on a standard form developed and 1645
distributed by the department. As necessary, the department 1646
shall revise the Legal Rights and Remedies Notice to Victims to 1647

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include a general summary of s. 741.30 using simple English as 1648
well as Spanish, and shall distribute the notice as a model form 1649
to be used by all law enforcement agencies throughout this 1650
state. The notice must include: 1651
1. The resource listing, including telephone number, for 1652
the area domestic violence center designated by the Department 1653
of Children and Families; and 1654
2. A copy of the following statement: 1655
1656
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may 1657
ask the state attorney to file a criminal complaint. 1658
You also have the right to go to court and file a 1659
petition requesting an injunction for protection from 1660
domestic violence which may include, but need not be 1661
limited to, provisions which restrain the abuser from 1662
further acts of abuse; direct the abuser to leave your 1663
household; prevent the abuser from entering your 1664
residence, school, business, or place of employment; 1665
award you custody of your minor child or children; and 1666
direct the abuser to pay support to you and the minor 1667
children if the abuser has a legal obligation to do 1668
so. 1669
1670
Section 10. This act shall take effect July 1, 2026. 1671