Florida Senate - 2020 SB 1082 By Senator Albritton 26-00951A-20 20201082__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to domestic violence injunctions; 2 amending s. 741.30, F.S.; authorizing a court to take 3 certain actions regarding the care, possession, or 4 control of an animal in domestic violence injunctions; 5 providing applicability; conforming a cross-reference; 6 making technical changes; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10

Section 1. Paragraph (

a) of subsection (5) and subsection 11 (6) of

section 741.30, Florida Statutes, are amended to read: 12 741.30 Domestic violence; injunction; powers and duties of 13 court and clerk; petition; notice and hearing; temporary 14 injunction; issuance of injunction; statewide verification 15 system; enforcement; public records exemption.— 16 (5)(

a) If it appears to the court that an immediate and 17 present danger of domestic violence exists, the court may grant 18 a temporary injunction ex parte, pending a full hearing, and may 19 grant such relief as the court deems proper, including an 20 injunction: 21 1. Restraining the respondent from committing any acts of 22 domestic violence. 23 2. Awarding to the petitioner the temporary exclusive use 24 and possession of the dwelling that the parties share or 25 excluding the respondent from the residence of the petitioner. 26 3.

On the same basis as provided in s. 61.13, providing the 27 petitioner a temporary parenting plan, including a time-sharing 28 schedule, which may award the petitioner up to 100 percent of 29

Florida Senate - 2020 SB 1082 26-00951A-20 20201082__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. the time-sharing. The temporary parenting plan remains in effect 30 until the order expires or an order is entered by a court of 31 competent jurisdiction in a pending or subsequent civil action 32 or proceeding affecting the placement of, access to, parental 33 time with, adoption of, or parental rights and responsibilities 34 for the minor child. 35 4.

Awarding to the petitioner the temporary exclusive care, 36 possession, or control of an animal that is owned, possessed, 37 harbored, kept, or held by the petitioner, the respondent, or a 38 minor child residing in the residence or household of the 39 petitioner or respondent. The court may order the defendant to 40 temporarily have no contact with the animal and prohibit the 41 defendant from taking, transferring, encumbering, concealing, 42 harming, or otherwise disposing of the animal.

This subparagraph 43 does not apply to an animal owned primarily for a bona fide 44 agricultural purpose, as defined under s. 193.461, or to a 45 service animal, as defined under s. 413.08, if the respondent is 46 the service animal’s handler. 47 (6)(

a) Upon notice and hearing, when it appears to the 48 court that the petitioner is either the victim of domestic 49 violence as defined by s. 741.28 or has reasonable cause to 50 believe he or she is in imminent danger of becoming a victim of 51 domestic violence, the court may grant such relief as the court 52 deems proper, including an injunction: 53 1. Restraining the respondent from committing any acts of 54 domestic violence. 55 2. Awarding to the petitioner the exclusive use and 56 possession of the dwelling that the parties share or excluding 57 the respondent from the residence of the petitioner. 58

Florida Senate - 2020 SB 1082 26-00951A-20 20201082__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. 3. On the same basis as provided in

chapter 61, providing 59 the petitioner with 100 percent of the time-sharing in a 60 temporary parenting plan that remains in effect until the order 61 expires or an order is entered by a court of competent 62 jurisdiction in a pending or subsequent civil action or 63 proceeding affecting the placement of, access to, parental time 64 with, adoption of, or parental rights and responsibilities for 65 the minor child. 66 4. On the same basis as provided in

chapter 61, 67 establishing temporary support for a minor child or children or 68 the petitioner. An order of temporary support remains in effect 69 until the order expires or an order is entered by a court of 70 competent jurisdiction in a pending or subsequent civil action 71 or proceeding affecting child support. 72 5. Ordering the respondent to participate in treatment, 73 intervention, or counseling services to be paid for by the 74 respondent.

When the court orders the respondent to participate 75 in a batterers’ intervention program, the court, or any entity 76 designated by the court, must provide the respondent with a list 77 of batterers’ intervention programs from which the respondent 78 must choose a program in which to participate. 79 6. Referring a petitioner to a certified domestic violence 80 center. The court must provide the petitioner with a list of 81 certified domestic violence centers in the circuit which the 82 petitioner may contact. 83 7.

Awarding to the petitioner the exclusive care, 84 possession, or control of an animal that is owned, possessed, 85 harbored, kept, or held by the petitioner, the respondent, or a 86 minor child residing in the residence or household of the 87

Florida Senate - 2020 SB 1082 26-00951A-20 20201082__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. petitioner or respondent. The court may order the defendant to 88 have no contact with the animal and prohibit the defendant from 89 taking, transferring, encumbering, concealing, harming, or 90 otherwise disposing of the animal. This subparagraph does not 91 apply to an animal owned primarily for a bona fide agricultural 92 purpose, as defined under s. 193.461, or to a service animal, as 93 defined under s. 413.08, if the respondent is the service 94 animal’s handler. 95 8.7.

Ordering such other relief as the court deems 96 necessary for the protection of a victim of domestic violence, 97 including injunctions or directives to law enforcement agencies, 98 as provided in this section. 99 (

b) In determining whether a petitioner has reasonable 100 cause to believe he or she is in imminent danger of becoming a 101 victim of domestic violence, the court shall consider and 102 evaluate all relevant factors alleged in the petition, 103 including, but not limited to: 104 1. The history between the petitioner and the respondent, 105 including threats, harassment, stalking, and physical abuse. 106 2. Whether the respondent has attempted to harm the 107 petitioner or family members or individuals closely associated 108 with the petitioner. 109 3.

Whether the respondent has threatened to conceal, 110 kidnap, or harm the petitioner’s child or children. 111 4. Whether the respondent has intentionally injured or 112 killed a family pet. 113 5. Whether the respondent has used, or has threatened to 114 use, against the petitioner any weapons such as guns or knives. 115 6. Whether the respondent has physically restrained the 116

Florida Senate - 2020 SB 1082 26-00951A-20 20201082__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. petitioner from leaving the home or calling law enforcement. 117 7. Whether the respondent has a criminal history involving 118 violence or the threat of violence. 119 8. The existence of a verifiable order of protection issued 120 previously or from another jurisdiction. 121 9.

Whether the respondent has destroyed personal property, 122 including, but not limited to, telephones or other 123 communications equipment, clothing, or other items belonging to 124 the petitioner. 125 10. Whether the respondent engaged in any other behavior or 126 conduct that leads the petitioner to have reasonable cause to 127 believe that he or she is in imminent danger of becoming a 128 victim of domestic violence. 129 130 In making its determination under this paragraph, the court is 131 not limited to those factors enumerated in subparagraphs 1.-10. 132 (

c) The terms of an injunction restraining the respondent 133 under subparagraph (a)1. or ordering other relief for the 134 protection of the victim under subparagraph (a)8. (a)7. shall 135 remain in effect until modified or dissolved. Either party may 136 move at any time to modify or dissolve the injunction. No 137 specific allegations are required. Such relief may be granted in 138 addition to other civil or criminal remedies. 139 (

d) A temporary or final judgment on injunction for 140 protection against domestic violence entered under pursuant to 141 this

section shall, on its face, indicate that: 142 1. The injunction is valid and enforceable in all counties 143 of the State of Florida. 144 2. Law enforcement officers may use their arrest powers 145

Florida Senate - 2020 SB 1082 26-00951A-20 20201082__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. under pursuant to s. 901.15(6) to enforce the terms of the 146 injunction. 147 3. The court had jurisdiction over the parties and matter 148 under the laws of Florida and that reasonable notice and 149 opportunity to be heard was given to the person against whom the 150 order is sought sufficient to protect that person’s right to due 151 process. 152 4. The date the respondent was served with the temporary or 153 final order, if obtainable. 154 (

e) An injunction for protection against domestic violence 155 entered under pursuant to this section, on its face, may order 156 that the respondent attend a batterers’ intervention program as 157 a condition of the injunction. Unless the court makes written 158 factual findings in its judgment or order which are based on 159 substantial evidence, stating why batterers’ intervention 160 programs would be inappropriate, the court shall order the 161 respondent to attend a batterers’ intervention program if: 162 1. It finds that the respondent willfully violated the ex 163 parte injunction; 164 2.

The respondent, in this state or any other state, has 165 been convicted of, had adjudication withheld on, or pled nolo 166 contendere to a crime involving violence or a threat of 167 violence; or 168 3. The respondent, in this state or any other state, has 169 had at any time a prior injunction for protection entered 170 against the respondent after a hearing with notice. 171 (

f) The fact that a separate order of protection is granted 172 to each opposing party is shall not be legally sufficient to 173 deny any remedy to either party or to prove that the parties are 174

Florida Senate - 2020 SB 1082 26-00951A-20 20201082__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. equally at fault or equally endangered. 175 (

g) A final judgment on injunction for protection against 176 domestic violence entered under pursuant to this

section must, 177 on its face, indicate that it is a violation of s. 790.233, and 178 a first degree misdemeanor, for the respondent to have in his or 179 her care, custody, possession, or control any firearm or 180 ammunition. 181 (

h) All proceedings under this subsection shall be 182 recorded. Recording may be by electronic means as provided by 183 the Rules of Judicial Administration. 184

Section 2. This act shall take effect July 1, 2020. 185