Senate Bill 606 (2021) — Domestic violence
SB 606
Florida Bills
Florida Senate - 2021 SB 606 By Senator Bean 4-00322-21 2021606__ Page 1 of 12 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to domestic violence; amending s. 2 39.901, F.S.; revising legislative findings; amending 3 s. 39.905, F.S.; adding nonresidential outreach 4 services to the list of services certified domestic 5 violence centers must provide; revising requirements 6 for receipt of state funds; authorizing certified 7 domestic violence centers to carry forward unexpended 8 state funds in a specified amount from one fiscal year 9 to the next during the contract period; providing 10 limitations on and reporting requirements for the use 11 of such funds; requiring centers to return to the 12 department any remaining unexpended funds at the end 13 of the contract period; authorizing certain centers to 14 carry forward unexpended funds through contract 15 renewals; amending s. 741.32, F.S.; revising 16 legislative findings; amending s. 741.325, F.S.; 17 revising the program content requirements for 18 batterers’ intervention programs; reviving, 19 reenacting, and amending s. 741.327, F.S., relating to 20 the certification and monitoring of batterers’ 21 intervention programs; requiring the Department of 22 Children and Families to certify and monitor 23 batterers’ intervention programs; requiring the 24 department to adopt certain rules; amending s. 741.30, 25 F.S.; conforming a provision to changes made by the 26 act; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29
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Section
Section 39.901, Florida Statutes, is amended to 31 read: 32 (Substantial rewording of section. See s. 39.901, 33 F.S., for present text.) 34 39.901 Domestic violence centers; legislative findings; 35 requirements.— 36
(1) The Legislature recognizes that the perpetration of 37 violence by persons against their intimate partners, spouses, 38 ex-spouses, or those with whom they share a child in common 39 poses a significant public health threat that has adverse 40 physical, emotional, and financial impacts on families and 41 communities in this state. The Legislature further finds that it 42 is critical that victims of domestic violence and their 43 dependents have access to safe emergency shelter, advocacy, and 44 crisis intervention services to assist them with the resources 45 necessary to be safe and live free of violence. 46
(2) To ensure statewide consistency in the provision of 47 confidential, comprehensive, and effective services to victims 48 of domestic violence and their families, the Department of 49 Children and Families shall certify and monitor domestic 50 violence centers. The department and certified domestic violence 51 centers shall serve as partners and together provide a 52 coordinated response to address victim safety, hold batterers 53 accountable, and prevent future violence in this state. 54
Section 2. Paragraph (
c) of subsection (1) and paragraph 55 (
b) of subsection (6) of
section 39.905, Florida Statutes, are 56 amended, and subsection (8) is added to that section, to read: 57 39.905 Domestic violence centers.— 58
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(1) Domestic violence centers certified under this
part 59 must: 60 (
c) Provide minimum services that include, but are not 61 limited to, information and referral services, counseling and 62 case management services, temporary emergency shelter for more 63 than 24 hours, a 24-hour hotline, nonresidential outreach 64 services, training for law enforcement personnel, assessment and 65 appropriate referral of resident children, and educational 66 services for community awareness relative to the incidence of 67 domestic violence, the prevention of such violence, and the 68 services available for persons engaged in or subject to domestic 69 violence.
If a 24-hour hotline, professional training, or 70 community education is already provided by a certified domestic 71 violence center within its designated service area, the 72 department may exempt such certification requirements for a new 73 center serving the same service area in order to avoid 74 duplication of services. 75
(6) In order to receive state funds, a center must: 76 (
b) Obtain public or private Receive at least 25 percent of 77 its funding from one or more local, municipal, or county 78 sources, public or private in an amount that equals at least 25 79 percent of the amount of funding the center receives from the 80 Domestic Violence Trust Fund established in s. 741.01. 81 Contributions in kind, whether materials, commodities, 82 transportation, office space, other types of facilities, or 83 personal services, may be evaluated and counted as part of the 84 required local funding. 85
(8) A certified domestic violence center may carry forward 86 from one fiscal year to the next during the contract period 87
Florida Senate - 2021 SB 606 4-00322-21 2021606__ Page 4 of 12 CODING: Words stricken are deletions; words underlined are additions. documented unexpended state funds in a cumulative amount that 88 does not exceed 8 percent of its total contract with the 89 department. 90 (
a) The funds carried forward may not be used in a manner 91 that would increase future recurring obligations or for any 92 program or service that is not authorized by the existing 93 contract. 94 (
b) Expenditures of funds carried forward must be 95 separately reported to the department. 96 (
c) Any unexpended funds that remain at the end of the 97 contract period must be returned to the department. 98 (
d) Funds carried forward under this subsection may be 99 retained through any contract renewals as long as the same 100 certified domestic violence center is retained by the 101 department. 102
Section
Section 741.32, Florida Statutes, is amended to 103 read: 104 741.32 Batterers’ intervention programs.—The Legislature 105 finds that the incidence of domestic violence in this state is 106 disturbingly high and that, despite the efforts of many to curb 107 this violence, one person dies at the hands of a spouse, ex-108 spouse, or cohabitant approximately every 3 days. Further, a 109 child who witnesses the perpetration of this violence becomes a 110 victim as he or she hears or sees it occurring.
This child is at 111 high risk of also being the victim of physical abuse by the 112 parent who is perpetrating the violence and, to a lesser extent, 113 by the parent who is the victim. These children are also at a 114 high risk of perpetrating violent crimes as juveniles and, 115 later, becoming perpetrators of the same violence that they 116
Florida Senate - 2021 SB 606 4-00322-21 2021606__ Page 5 of 12 CODING: Words stricken are deletions; words underlined are additions. witnessed as children. The Legislature finds that there should 117 be standardized programming available to the justice system to 118 protect victims and their children and to hold the perpetrators 119 of domestic violence accountable for their acts. To ensure 120 statewide consistency in such programming, the Department of 121 Children and Families shall certify and monitor batterers’ 122 intervention programs to be used by the justice system.
Finally, 123 the Legislature recognizes that in order for batterers’ 124 intervention programs to be successful in protecting victims and 125 their children, all participants in the justice system as well 126 as social service agencies and local and state governments must 127 coordinate their efforts at the community level. 128
Section 4. Paragraph (
d) of subsection (1) of
section 129 741.325, Florida Statutes, is amended to read: 130 741.325 Requirements for batterers’ intervention programs.— 131
(1) A batterers’ intervention program must meet the 132 following requirements: 133 (
d) The program content shall be based on a cognitive 134 behavioral therapy model or psychoeducational model that 135 addresses tactics of power and control by one person over 136 another. 137
Section 5. Notwithstanding the repeal of
section 741.327, 138 Florida Statutes, in
section 14 of
chapter 2012-147, Laws of 139 Florida, that
section is revived, reenacted, and amended to 140 read: 141 741.327 Certification and monitoring of batterers’ 142 intervention programs; rules fees.— 143
(1) Pursuant to s. 741.32, the Department of Children and 144 Families shall Family Services is authorized to certify and 145
Florida Senate - 2021 SB 606 4-00322-21 2021606__ Page 6 of 12 CODING: Words stricken are deletions; words underlined are additions. monitor batterers’ intervention programs assess and collect: 146 (
a) An annual certification fee not to exceed $300 for the 147 certification and monitoring of batterers’ intervention 148 programs. 149 (
b) An annual certification fee not to exceed $200 for the 150 certification and monitoring of assessment personnel providing 151 direct services to persons who: 152 1. Are ordered by the court to participate in a domestic 153 violence prevention program; 154 2. Are adjudged to have committed
an act of domestic 155 violence as defined in s. 741.28; 156 3. Have an injunction entered for protection against 157 domestic violence; or 158 4. Agree to attend a program as part of a diversion or 159 pretrial intervention agreement by the offender with the state 160 attorney. 161
(2) The department shall adopt by rule procedures to 162 administer this section, including, but not limited to, 163 procedures related to the development of criteria for the 164 approval, suspension, or rejection of certification of 165 batterers’ intervention programs All persons required by the 166 court to attend domestic violence programs certified by the 167 Department of Children and Family Services’ Office for 168 Certification and Monitoring of Batterers’ Intervention Programs 169 shall pay an additional $30 fee for each 29-week program to the 170 Department of Children and Family Services. 171
(3) The fees assessed and collected under this
section 172 shall be deposited in the Executive Office of the Governor’s 173 Domestic Violence Trust Fund established in s. 741.01 and 174
Florida Senate - 2021 SB 606 4-00322-21 2021606__ Page 7 of 12 CODING: Words stricken are deletions; words underlined are additions. directed to the Department of Children and Family Services to 175 fund the cost of certifying and monitoring batterers’ 176 intervention programs. 177
Section 6. Subsection (3) of
section 741.30, Florida 178 Statutes, is amended to read: 179 741.30 Domestic violence; injunction; powers and duties of 180 court and clerk; petition; notice and hearing; temporary 181 injunction; issuance of injunction; statewide verification 182 system; enforcement; public records exemption.— 183 (3)(
a) The sworn petition must shall allege the existence 184 of such domestic violence and must shall include the specific 185 facts and circumstances upon the basis of which relief is 186 sought. 187 (
b) The sworn petition shall be in substantially the 188 following form: 189 190 PETITION FOR 191 INJUNCTION FOR PROTECTION 192 AGAINST DOMESTIC VIOLENCE 193 194 Before me, the undersigned authority, personally appeared 195 Petitioner ...(Name)..., who has been sworn and says that the 196 following statements are true: 197 (
a) Petitioner resides at: ...(address)... 198 (Petitioner may furnish address to the court in a separate 199 confidential filing if, for safety reasons, the petitioner 200 requires the location of the current residence to be 201 confidential.) 202 (
b) Respondent resides at: ...(last known address)... 203
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c) Respondent’s last known place of employment: ...(name 204 of business and address)... 205 (
d) Physical description of respondent:.... 206 Race.... 207 Sex.... 208 Date of birth.... 209 Height.... 210 Weight.... 211 Eye color.... 212 Hair color.... 213 Distinguishing marks or scars.... 214 (
e) Aliases of respondent:.... 215 (
f) Respondent is the spouse or former spouse of the 216 petitioner or is any other person related by blood or marriage 217 to the petitioner or is any other person who is or was residing 218 within a single dwelling unit with the petitioner, as if a 219 family, or is a person with whom the petitioner has a child in 220 common, regardless of whether the petitioner and respondent are 221 or were married or residing together, as if a family. 222 (
g) The following describes any other cause of action 223 currently pending between the petitioner and respondent: 224 225 The petitioner should also describe any previous or pending 226 attempts by the petitioner to obtain an injunction for 227 protection against domestic violence in this or any other 228 circuit, and the results of that attempt: 229 230 Case numbers should be included if available. 231 (
h) Petitioner is either a victim of domestic violence or 232
Florida Senate - 2021 SB 606 4-00322-21 2021606__ Page 9 of 12 CODING: Words stricken are deletions; words underlined are additions. has reasonable cause to believe he or she is in imminent danger 233 of becoming a victim of domestic violence because respondent 234 has: (mark all sections that apply and describe in the spaces 235 below the incidents of violence or threats of violence, 236 specifying when and where they occurred, including, but not 237 limited to, locations such as a home, school, place of 238 employment, or visitation exchange) 239 240 ....committed or threatened to commit domestic violence 241 defined in s. 741.28, Florida Statutes, as any assault, 242 aggravated assault, battery, aggravated battery, sexual assault, 243 sexual battery, stalking, aggravated stalking, kidnapping, false 244 imprisonment, or any criminal offense resulting in physical 245 injury or death of one family or household member by another. 246 With the exception of persons who are parents of a child in 247 common, the family or household members must be currently 248 residing or have in the past resided together in the same single 249 dwelling unit. 250 ....previously threatened, harassed, stalked, or physically 251 abused the petitioner. 252 ....attempted to harm the petitioner or family members or 253 individuals closely associated with the petitioner. 254 ....threatened to conceal, kidnap, or harm the petitioner’s 255 child or children. 256 ....intentionally injured or killed a family pet. 257 ....used, or has threatened to use, against the petitioner 258 any weapons such as guns or knives. 259 ....physically restrained the petitioner from leaving the 260 home or calling law enforcement. 261
Florida Senate - 2021 SB 606 4-00322-21 2021606__ Page 10 of 12 CODING: Words stricken are deletions; words underlined are additions. ....a criminal history involving violence or the threat of 262 violence (if known). 263 ....another order of protection issued against him or her 264 previously or from another jurisdiction (if known). 265 ....destroyed personal property, including, but not limited 266 to, telephones or other communication equipment, clothing, or 267 other items belonging to the petitioner. 268 ....engaged in any other behavior or conduct that leads the 269 petitioner to have reasonable cause to believe he or she is in 270 imminent danger of becoming a victim of domestic violence. 271 (
i) Petitioner alleges the following additional specific 272 facts: (mark appropriate sections) 273 ....A minor child or minor children reside with the 274 petitioner whose names and ages are as follows: 275 276 ....Petitioner needs the exclusive use and possession of 277 the dwelling that the parties share. 278 ....Petitioner is unable to obtain safe alternative housing 279 because: 280 ....Petitioner genuinely fears that respondent imminently 281 will abuse, remove, or hide the minor child or children from 282 petitioner because: 283 284 (
j) Petitioner genuinely fears imminent domestic violence 285 by respondent. 286 (
k) Petitioner seeks an injunction: (mark appropriate 287
section or sections) 288 ....Immediately restraining the respondent from committing 289 any acts of domestic violence. 290
Florida Senate - 2021 SB 606 4-00322-21 2021606__ Page 11 of 12 CODING: Words stricken are deletions; words underlined are additions. ....Restraining the respondent from committing any acts of 291 domestic violence. 292 ....Awarding to the petitioner the temporary exclusive use 293 and possession of the dwelling that the parties share or 294 excluding the respondent from the residence of the petitioner. 295 ....Providing a temporary parenting plan, including a 296 temporary time-sharing schedule, with regard to the minor child 297 or children of the parties which might involve prohibiting or 298 limiting time-sharing or requiring that it be supervised by a 299 third party. 300 ....Establishing temporary support for the minor child or 301 children or the petitioner. 302 ....Directing the respondent to participate in a batterers’ 303 intervention program or other treatment pursuant to s. 39.901, 304 Florida Statutes. 305 ....Providing any terms the court deems necessary for the 306 protection of a victim of domestic violence, or any minor 307 children of the victim, including any injunctions or directives 308 to law enforcement agencies. 309 (c) 310 Every petition for an injunction against domestic violence 311 must shall contain, directly above the signature line, a 312 statement in all capital letters and bold type not smaller than 313 the surrounding text, as follows: 314 315 I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND 316 EACH STATEMENT IS TRUE AND CORRECT.
I UNDERSTAND THAT 317 THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE 318 UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN 319
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SECTION 837.02, FLORIDA STATUTES. 320 ...(initials)... 321 (
d) If the sworn petition seeks to determine a parenting 322 plan and time-sharing
schedule with regard to the minor child or 323 children of the parties, the sworn petition must shall be 324 accompanied by or must shall incorporate the allegations 325 required by s. 61.522 of the Uniform Child Custody Jurisdiction 326 and Enforcement Act. 327