Advertisement

Risks Of Taking Ambien And Alcohol
Tramadol Drug Screen
Xanax For Sleep
Xanax Used
Can Valium Cause Hair Loss
Buspar Xanax
Tramadol Quick
Ambien Cr Prescribing Information
Xanax Ts
Side Effects Ambien Addiction
Valium 10 Rosario
U2 Xanax And Wine
Before Dependence Long Valium
Xanax Legal Purchase Online Usa
Xanax Bar Pictures
Is Their Aspirin In Ambien Cr
No Overnight Prescription Xanax
Mixing Adderall And Xanax
Importancia Del Ambien El La Comida
Deaths Caused By Xanax
Effects Tramadol
Tramadol Cheapest
Valium In Dentistry
Paxil Ambien
Xanax Perfume
Ambien Sinovial
Ambien Percocet Interaction
Xanax And Drug Test
Ambien Without A Prescription
Photos Of Ambien Cr
Xanax Result Time
Ambien Weight
India Pharmacies Ativan Valium Xanax
Buy Cheap Xanax Online
Buy Ambien Online 32
Buy Xanax Mastercard Fedex
Canine Tramadol
Exlax And Xanax
Tramadol And Darvocet
Xanax Sleep Aid
Discontinuing Use Of Xanax
Alcohol Detox With Valium
Cod Pay Tramadol
Identify Valium N 345
Tramadol Without Prescription 32
Description Tramadol Hcl-acetaminophen Par
Ambien Cookbook
Ambien And Aggression
Xanax Online Prescription Mexico Pharmacy
Zoloft Ambien
Ambien Side
Buying Xanax In China
Valium Knock Out
Tramadol And Clinical
Ordering Ambien
3.40 Buying Online Xanax
Kidstoned Chewable Valium
Controlled Formulation Hydrochloride Release Tramadol Using
Ambien Cr Overdose Signs
Tramadol Urine Levels
Fda Announces Warning For Ambien
Detoxification From Xanax
Can You Mix Ambien With Relpax
Valium For Treatment Of Anxiety
25 Mg Xanax Effective
No Prescription Wholesale Xanax
Is Klonopin Or Xanax Better
Canadian Online Pharmacy Valium
Online Prescription For Valium Fedex Delivery
Buy Valium Online Mastercard Accepted
Generic Valium Xanax Cheap
Warnings For Ambien
Xanax Water Tapering
Xanax 0.5mg
Xanax Originations
Tramadol Proper Doses For Dogs
Tramadol Pain Med
Tramadol And Drug Rating Questionnaire
Xanax No Prior Prescription
Tramadol And Effexor Similarities
Feline Xanax Dosage
Pharmacy Order Tramadol
10 Ambien Mg
Drug Interaction Ambien Prozac
Valium Stay In Your System
Different Types Of Xanax
Ambien Buy Online
Ambien Laser Pen
Valium No Script Fedex
Ambien Zolpidem Tartrate Buy Ambien Online
Is There A Generic Ambien
Valium Injectable Solution
Web Md Ambien
Valium Homeopathic
Taking Librax And Ambien Together
Tramadol Codeine Allergy
Buy Tramadol Online Overnight
Ambien Cm
Buy Kg Site Xanax
Vicodin Valium
Valium Pill Pictures
Buy Ambien Sleeping Pill From Uk
Ambien Baikalguide Buy Keyword
View Ambien 12.5 Mg
Tramadol 500mg
Ambien And Addicts
Tramadol Abuse Potential
Ambien Imitrex
Half-life Ambien
Grapefruit Tramadol Interactions
Buy Valium Overnight Delivery
Ambien Sexual Side Effects
Clock Future Payment Sell Time Tramadol
No Online Rx Valium
Generic Ambien Paid By American Express
Xanax Withdrawl Makes You Dizzy
Ambien 10mg
Dosage For Xanax
Ambien Cr Medication Melatonin
Cod Tramadol Tramadol Hcl Tramadol Cheap
Ambien Drug Class
Fake Xanax Werrick
Purchasing Xanax Online With Online Doctor
Valium Ativan
Online Xanax Prescriptions
Buying Xanax With Mastercard
Ambien Cr Packet Insert Info
Valium Online No Consultation Fee
Ambien Between Difference Lunesta
Sizes Xanax Colors
Ambien Ambien Cr Website
Generic Tramadol
Tramadol Hcl 50 Mg Tablet Tev
Tramadol Lexapro Addiction Stories
Career In Pharmacy Buy Tramadol
Buy Tramadol Cheaply
Ambien Cost Low
Ocd Tramadol
Ambien Order Online
Valium Overnight Fedex
Ambien Side Affect
Purchase Valium Online
Tramadol In Dogs
Ambien Sleep After Surgery
Abuse On Xanax
Xanax Ingestion Cats
Long Term Use Xanax
Valium Lorazepam
Valium Interactions
Xanax Pills
Valium Without A Prescription Order Online
Ambien Generic Pills Order Free
Ambien Home Belair
Possible Side Effects Of Ambien
Tramadol Free Prescription Missouri
Tramadol Plus Valium Plus Somas
Buy Cheap Online Pharmacy Tramadol
Is Xanax Habit Forming
Tramadol In Florida
Dolor Ibuprofeno Tramadol
Xanax Dosage For Panic Attacks
Tramadol Dogs Side Effects
Benefits And Side Effects Rx Tramadol
Buy Ambien Cash On Delivery
Causes Of False Positive Xanax Test
Ambien Cr Offer Card
Tramadol Name
Ambien Tripping
Cheap Xanax Free Doctor Consultation
Tramadol Hurts Stomach Lining
Klonopin Verses Xanax
Tramadol Cod Online
Tramadol 537
Nexium And Valium
True Xanax Withdrawal Genuine Xanax
Side Effects Of Xanax Bars
Mail Order Valium
Tramadol Order Online
No Prior Perscription Tramadol
Ambien Com
Clonidine Valium 5-htp Tyrosine
Buy Comment Leave Online Xanax
Difference Xanax And Xanax Xr
Non Presciption Ambien
Valium Diarheah
Can Tramadol Be Detected In Urine
Tramadol Patent Ferrets
Abusing Xanax
Ambien Mail Order
Tramadol Sale
Liver Damage And Xanax
Keyword Ambien Side Effect Boards Qoclick
Xanax Wiyhout A Perscribtion
Valium Addiction Signs
Xanax Injection
Canada Ambien
Ambien By Posted
Canadian Ambien Online
Seroquel Risk With Xanax
Tramadol How Supplied
Xanax Pill
Xanax Versus Valium
Tramadol Maximum Dose
Ambien Online Without Prescription
Tramadol Best Buy
What Does Ambien Cr Look Like
Tramadol Uk
Tramadol Alltram
Xanax Abuse In Pregnancy
Xanax And Addiction And Job Performance
Boards Qoclick Shop Smoking Valium
Xanax Identification
Tramadol Order Overnight Saturday Delivery 71
Ambien Brand Overnight Us Pharmacy
Ld50 Ambien
2mg Xanax Non Generic Online Ordering
Buy Domain Valium Atspace Org
Valium Highs
Valium Dilated Pupils
Ambien Buy Cheap
Tramadol And Food Poisoning
Tramadol Best Price
Guide Cheap Ambien Boards
Valium On The Outside It Says
Valium And Light Anesthesia
Tramadol Adad
Maria Taylor Xanax
Mix Xanax And Alcohol
Ambien Max Dosage
Insulfating Tramadol
Contraindications To Valium
Legal Ambien Us Pharmacy
Getting A Valium Enema
Xanax And Otc Sleep Aids
Buy Ambien Online Overnight Delivery
Tramadol With Hydrocodone And Reaction
Tramadol P111
No Overnight Prescription Tramadol
Depression With Ambien
Buy Xanax Online Cheapest
Kids Ambien Sound
Side Effects From Tramadol Tab 50mg
Pictures Of Generic Tramadol
Xanax What Isit Prescribed For
Ambien Stopping
Xanax Birth Defects
Adderal Valium
Xanax Zoloft
Drug Interaction Cocaine And Xanax
Ambien And Lunesta
When Did Ambien Become Fda Approved
Is Tramadol An Opioid Urine Test
Ambien Cr Trial
No Order Prescription Xanax
Is Xanax Addictive
Xanax And Stroke
Ambien Gift Viagra
Ambien Zolpidem
Ambien Cr 12.5 Mg Tablet
2mg Xanax No Membership
Xanax And Colitis
Xanax Overdose Treatment
Tramadol Ultram Opiate Drug Testing
Online Prescription Xanax
Xanax U S Pharmacy
Tramadol Hci Effects On Brain
Tramadol Tabs
Tramadol Lamisil
Xanax Use Among Teens
Generic Xanax Overnight Delivery
Xanax Slows Metabolism
Ambien And Alcoholism
Have Ever Snorted Valium
Tramadol Drug Screens
Buy Online Prescription Tramadol Without
Tramadol Taper
Tramadol Health Solutions
Ambien Yellow Round Pills
Valium Withdrawl Symptoms
Ambien Manufacturers
Cost Of Ambien Cr
Get A Doctors Prescription Of Xanax
Canadian Drug Xanax
Airplanes Ambien
Prescribed Xanax
Fatal Dosage Of Ambien
Xanax Ekg Pvcs
Casn On Delivery Tramadol
Highest Dose Of Ambien
Buy Ambien Online Fast
Cheap Ambien Overseas
Dog Xanax Overdose
Can Ambien Affect The Liver
0.5mg Xanax
Ambien No Prescription Overnight Delivery
Buy Xanax Online Information
Cozumal Xanax
Combining Tylenol 3 And Tramadol
Drug Metabolism Inhibition Tramadol
Valium Prescriptions

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Petition to determine incapacity

744.3201 Petition to determine incapacity.–

(1) A petition to determine incapacity of a person may be executed by an adult person.

(2) The petition must be verified and must:

(a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person;

(b) State the name, age, county of residence, and present address of the alleged incapacitated person;

(c) Specify the primary language spoken by the alleged incapacitated person, if known;

(d) Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations;

(e) State the name and address of the alleged incapacitated person’s attending or family physician, if known;

(f) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and

(g) State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors.

(3) A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to determine incapacity.

History.–s. 33, ch. 89-96; s. 18, ch. 90-271; s. 22, ch. 95-401; s. 1078, ch. 97-102.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Guardians

ADJUDICATION OF INCAPACITY AND
APPOINTMENT OF GUARDIANS

744.3201 Petition to determine incapacity.

744.3215 Rights of persons determined incapacitated.

744.331 Procedures to determine incapacity.

744.334 Petition for appointment of guardian or professional guardian; contents.

744.3371 Notice of petition for appointment of guardian and hearing.

744.341 Voluntary guardianship.

744.342 Minors; guardianship.

744.344 Order of appointment.

744.345 Letters of guardianship.

744.347 Oath of guardian.

744.351 Bond of guardian.

744.354 Validity of bond.

744.357 Liability of surety.

744.358 Liability of a guardian.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Guideline authority.–The Department of Children and Family Services

741.325 Guideline authority.–The Department of Children and Family Services shall promulgate guidelines to govern purpose, policies, standards of care, appropriate intervention approaches, inappropriate intervention approaches during the batterers’ program intervention phase (to include couples counseling and mediation), conflicts of interest, assessment, program content and specifics, qualifications of providers, and credentials for facilitators, supervisors, and trainees. The department shall, in addition, establish specific procedures governing all aspects of program operation, including administration, personnel, fiscal matters, victim and batterer records, education, evaluation, referral to treatment and other matters as needed. In addition, the rules shall establish:

(1) That the primary purpose of the programs shall be victim safety and the safety of the children, if present.

(2) That the batterer shall be held accountable for acts of domestic violence.

(3) That the programs shall be at least 29 weeks in length and shall include 24 weekly sessions, plus appropriate intake, assessment, and orientation programming.

(4) That the program be a psychoeducational model that employs a program content based on tactics of power and control by one person over another.

(5) That the programs and those who are facilitators, supervisors, and trainees be certified to provide these programs through initial certification and that the programs and personnel be annually monitored to ensure that they are meeting specified standards.

(6) The intent that the programs be user-fee funded with fees from the batterers who attend the program as payment for programs is important to the batterer taking responsibility for the act of violence, and from those seeking certification. Exception shall be made for those local, state, or federal programs that fund batterers’ intervention programs in whole or in part.

(7) Standards for rejection and suspension for failure to meet certification standards.

(8) That these standards shall apply only to programs that address the perpetration of violence between intimate partners, spouses, ex-spouses, or those who share a child in common or who are cohabitants in intimate relationships for the purpose of exercising power and control by one over the other. It will endanger victims if courts and other referral agencies refer family and household members who are not perpetrators of the type of domestic violence encompassed by these standards. Accordingly, the court and others who make referrals should refer perpetrators only to programming that appropriately addresses the violence committed.

History.–s. 17, ch. 95-195; s. 3, ch. 2001-183.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Certification of batterers’ intervention programs

741.32 741.32 Certification of batterers’ intervention programs.–

(1) The Legislature finds that the incidence of domestic violence in Florida is disturbingly high, and despite efforts of many to curb this violence, that one person dies at the hands of a spouse, ex-spouse, or cohabitant approximately every 3 days. Further, a child who witnesses the perpetration of this violence becomes a victim as he or she hears or sees it occurring. This child is at high risk of also being the victim of physical abuse by the parent who is perpetrating the violence and, to a lesser extent, by the parent who is the victim. These children are also at a high risk of perpetrating violent crimes as juveniles and, later, becoming perpetrators of the same violence that they witnessed as children. The Legislature finds that there should be standardized programming available to the justice system to protect victims and their children and to hold the perpetrators of domestic violence accountable for their acts. Finally, the Legislature recognizes that in order for batterers’ intervention programs to be successful in protecting victims and their children, all participants in the justice system as well as social service agencies and local and state governments must coordinate their efforts at the community level.

(2) There is hereby established in the Department of Children and Family Services an Office for Certification and Monitoring of Batterers’ Intervention Programs. The department may certify and monitor both programs and personnel providing direct services to those persons who are adjudged to have committed an act of domestic violence as defined in s. 741.28, those against whom an injunction for protection against domestic violence is entered, those referred by the department, and those who volunteer to attend such programs. The purpose of certification of programs is to uniformly and systematically standardize programs to hold those who perpetrate acts of domestic violence responsible for those acts and to ensure safety for victims of domestic violence. The certification and monitoring shall be funded by user fees as provided in s. 741.327.

History.–s. 16, ch. 95-195; s. 37, ch. 96-312; s. 280, ch. 99-8; s. 2, ch. 2001-183. .–

(1) The Legislature finds that the incidence of domestic violence in Florida is disturbingly high, and despite efforts of many to curb this violence, that one person dies at the hands of a spouse, ex-spouse, or cohabitant approximately every 3 days. Further, a child who witnesses the perpetration of this violence becomes a victim as he or she hears or sees it occurring. This child is at high risk of also being the victim of physical abuse by the parent who is perpetrating the violence and, to a lesser extent, by the parent who is the victim. These children are also at a high risk of perpetrating violent crimes as juveniles and, later, becoming perpetrators of the same violence that they witnessed as children. The Legislature finds that there should be standardized programming available to the justice system to protect victims and their children and to hold the perpetrators of domestic violence accountable for their acts. Finally, the Legislature recognizes that in order for batterers’ intervention programs to be successful in protecting victims and their children, all participants in the justice system as well as social service agencies and local and state governments must coordinate their efforts at the community level.

(2) There is hereby established in the Department of Children and Family Services an Office for Certification and Monitoring of Batterers’ Intervention Programs. The department may certify and monitor both programs and personnel providing direct services to those persons who are adjudged to have committed an act of domestic violence as defined in s. 741.28, those against whom an injunction for protection against domestic violence is entered, those referred by the department, and those who volunteer to attend such programs. The purpose of certification of programs is to uniformly and systematically standardize programs to hold those who perpetrate acts of domestic violence responsible for those acts and to ensure safety for victims of domestic violence. The certification and monitoring shall be funded by user fees as provided in s. 741.327.

History.–s. 16, ch. 95-195; s. 37, ch. 96-312; s. 280, ch. 99-8; s. 2, ch. 2001-183.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Certain information exempt from disclosure

741.3165 Certain information exempt from disclosure.–

(1)(a) Any information that is confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and that is obtained by a domestic violence fatality review team conducting activities as described in s. 741.316 shall retain its confidential or exempt status when held by a domestic violence fatality review team.

(b) Any information contained in a record created by a domestic violence fatality review team pursuant to s. 741.316 that reveals the identity of a victim of domestic violence or the identity of the children of the victim is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(2) Portions of meetings of any domestic violence fatality review team regarding domestic violence fatalities and their prevention, during which confidential or exempt information, the identity of the victim, or the identity of the children of the victim is discussed, are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

(3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15, and shall stand repealed on October 2, 2010, unless reviewed and saved from repeal through reenactment by the Legislature.

History.–s. 1, ch. 2000-219; s. 1, ch. 2005-212; s. 160, ch. 2008-4.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Unlawful action against employees seeking protection

741.313 Unlawful action against employees seeking protection.–

(1) As used in this section, the term:

(a) “Domestic violence” means domestic violence, as defined in s. 741.28, or any crime the underlying factual basis of which has been found by a court to include an act of domestic violence.

(b) “Employee” has the same meaning as in s. 440.02(15).

(c) “Employer” has the same meaning as in s. 440.02(16).

(d) “Family or household member” has the same meaning as in s. 741.28.

(e) “Sexual violence” means sexual violence, as defined in s. 784.046, or any crime the underlying factual basis of which has been found by a court to include an act of sexual violence.

(f) “Victim” means an individual who has been subjected to domestic violence or sexual violence.

(2)(a) An employer shall permit an employee to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer.

(b) This section applies if an employee uses the leave from work to:

1. Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence;

2. Obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence or sexual violence;

3. Obtain services from a victim services organization, including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence or sexual violence;

4. Make the employee’s home secure from the perpetrator of the domestic violence or sexual violence or to seek new housing to escape the perpetrator; or

5. Seek legal assistance in addressing issues arising from the act of domestic violence or sexual violence or to attend and prepare for court-related proceedings arising from the act of domestic violence or sexual violence.

(3) This section applies to an employer who employs 50 or more employees and to an employee who has been employed by the employer for 3 or more months.

(4)(a) Except in cases of imminent danger to the health or safety of the employee, or to the health or safety of a family or household member, an employee seeking leave from work under this section must provide to his or her employer appropriate advance notice of the leave as required by the employer’s policy along with sufficient documentation of the act of domestic violence or sexual violence as required by the employer.

(b) An employee seeking leave under this section must, before receiving the leave, exhaust all annual or vacation leave, personal leave, and sick leave, if applicable, that is available to the employee, unless the employer waives this requirement.

(c)1. A private employer must keep all information relating to the employee’s leave under this section confidential.

2. An agency, as defined in s. 119.011, must keep information relating to the employee’s leave under this section confidential and exempt from disclosure to the extent authorized by subsection (7).

(5)(a) An employer may not interfere with, restrain, or deny the exercise of or any attempt by an employee to exercise any right provided under this section.

(b) An employer may not discharge, demote, suspend, retaliate, or in any other manner discriminate against an employee for exercising his or her rights under this section.

(c) An employee has no greater rights to continued employment or to other benefits and conditions of employment than if the employee was not entitled to leave under this section. This section does not limit the employer’s right to discipline or terminate any employee for any reason, including, but not limited to, reductions in work force or termination for cause or for no reason at all, other than exercising his or her rights under this section.

(6) Notwithstanding any other law to the contrary, the sole remedy for any person claiming to be aggrieved by a violation of this section is to bring a civil suit for damages or equitable relief, or both, in circuit court. The person may claim as damages all wages and benefits that would have been due the person up to and including the date of the judgment had the act violating this section not occurred, but the person may not claim wages or benefits for a period of leave granted without pay as provided in paragraph (2)(a). However, this section does not relieve the person from the obligation to mitigate his or her damages.

(7)(a) Personal identifying information that is contained in records documenting an act of domestic violence or sexual violence and that is submitted to an agency, as defined in chapter 119, by an agency employee under the requirements of this section is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(b) A written request for leave that is submitted by an agency employee under the requirements of this section and any agency time sheet that reflects such a request are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until 1 year after the leave has been taken.

(c) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15, and shall stand repealed on October 2, 2013, unless reviewed and saved from repeal through reenactment by the Legislature.

History.–s. 1, ch. 2007-107; s. 1, ch. 2007-108; s. 1, ch. 2008-253; s. 1, ch. 2008-254.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Recognition of foreign protection orders

741.315 Recognition of foreign protection orders.–

(1) As used in this section, the term “court of a foreign state” means a court of competent jurisdiction of a state of the United States, other than Florida; the District of Columbia; an Indian tribe; or a commonwealth, territory, or possession of the United States.

(2) Pursuant to 18 U.S.C. s. 2265, an injunction for protection against domestic violence issued by a court of a foreign state must be accorded full faith and credit by the courts of this state and enforced by a law enforcement agency as if it were the order of a Florida court issued under s. 741.30, s. 741.31, s. 784.046, or s. 784.047 and provided that the court had jurisdiction over the parties and the matter and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process. Ex parte foreign injunctions for protection are not eligible for enforcement under this section unless notice and opportunity to be heard have been provided within the time required by the foreign state or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights.

(3) Notwithstanding s. 55.505 or any other provision to the contrary, neither residence in this state nor registration of foreign injunctions for protection shall be required for enforcement of this order by this state and failure to register the foreign order shall not be an impediment to its enforcement. The following registration procedure shall be available to protected persons who hold orders from a court of a foreign state.

(a) A protected person shall present a certified copy of a foreign order of protection to any sheriff in this state and request that the same be registered in the injunction registry. However, nothing in this section shall operate to preclude the enforcement of any order of protection determined by the law enforcement officer to be valid even if the protected person does not have a certified copy of the foreign protection order. It is not necessary that the protected person register the foreign order in the protected person’s county of residence. Venue is proper throughout the state. The protected person must swear by affidavit, that to the best of the protected person’s knowledge and belief, the attached certified copy of the foreign order, docket number ____________________, issued in the state of __________ on _______________ is currently in effect as written and has not been superseded by any other order and that the respondent has been given a copy of it.

(b) The sheriff shall examine the certified copy of the foreign order and register the order in the injunction registry, noting that it is a foreign order of protection. If not apparent from the face of the certified copy of the foreign order, the sheriff shall use best efforts to ascertain whether the order was served on the respondent. The Florida Department of Law Enforcement shall develop a special notation for foreign orders of protection. The sheriff shall assign a case number and give the protected person a receipt showing registration of the foreign order in this state. There shall be no fee for registration of a foreign order.

(c) The foreign order may also be registered by local law enforcement agencies upon receipt of the foreign order and any accompanying affidavits in the same manner described in paragraphs (a) and (b).

(4)(a) Law enforcement officers shall enforce foreign orders of protection as if they were entered by a court of this state. Upon presentation of a foreign protection order by a protected person, a law enforcement officer shall assist in enforcement of all of its terms, pursuant to federal law, except matters related to child custody, visitation, and support. As to those provisions only, enforcement may be obtained upon domestication of the foreign order pursuant to ss. 55.501-55.509 unless the foreign order is a “pickup order” or “order of bodily attachment” requiring the immediate return of a child.

(b) Before enforcing a foreign protection order, a law enforcement officer should confirm the identity of the parties present and review the order to determine that, on its face, it has not expired. Presentation of a certified or true copy of the protection order shall not be required as a condition of enforcement, provided that a conflicting certified copy is not presented by the respondent or the individual against whom enforcement is sought.

(c) A law enforcement officer shall use reasonable efforts to verify service of process.

(d) Service may be verified as follows:

1. By petitioner: Petitioner may state under oath that to the best of petitioner’s knowledge, respondent was served with the order of protection because petitioner was present at time of service; respondent told petitioner he or she was served; another named person told petitioner respondent was served; or respondent told petitioner he or she knows of the content of the order and date of the return hearing.

2. By respondent: Respondent states under oath that he or she was or was not served with the order.

(e) Enforcement and arrest for violation of a foreign protection order shall be consistent with the enforcement of orders issued in this state.

(f) A law enforcement officer acting in good faith under this section and the officer’s employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer’s or agency’s actions in carrying out the provisions of this section.

(g) Law enforcement shall not require petitioner to sign a registration affidavit as a condition of enforcement.

(h) A foreign order of protection shall remain in effect until the date of expiration on its face; or, if there is no expiration date on its face, a foreign order of protection shall remain in effect until expiration. If the order of protection states on its face that it is a permanent order, then there is no date of expiration.

(5) Any person who acts under this section and intentionally provides a law enforcement officer with a copy of an order of protection known by that person to be false or invalid, or who denies having been served with an order of protection when that person has been served with such order, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(6) In the event 18 U.S.C. s. 2265 is held to be unconstitutional, this section shall be null and void.

History.–s. 7, ch. 97-155.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Recognition of foreign protection orders

741.315 Recognition of foreign protection orders.–

(1) As used in this section, the term “court of a foreign state” means a court of competent jurisdiction of a state of the United States, other than Florida; the District of Columbia; an Indian tribe; or a commonwealth, territory, or possession of the United States.

(2) Pursuant to 18 U.S.C. s. 2265, an injunction for protection against domestic violence issued by a court of a foreign state must be accorded full faith and credit by the courts of this state and enforced by a law enforcement agency as if it were the order of a Florida court issued under s. 741.30, s. 741.31, s. 784.046, or s. 784.047 and provided that the court had jurisdiction over the parties and the matter and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process. Ex parte foreign injunctions for protection are not eligible for enforcement under this section unless notice and opportunity to be heard have been provided within the time required by the foreign state or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights.

(3) Notwithstanding s. 55.505 or any other provision to the contrary, neither residence in this state nor registration of foreign injunctions for protection shall be required for enforcement of this order by this state and failure to register the foreign order shall not be an impediment to its enforcement. The following registration procedure shall be available to protected persons who hold orders from a court of a foreign state.

(a) A protected person shall present a certified copy of a foreign order of protection to any sheriff in this state and request that the same be registered in the injunction registry. However, nothing in this section shall operate to preclude the enforcement of any order of protection determined by the law enforcement officer to be valid even if the protected person does not have a certified copy of the foreign protection order. It is not necessary that the protected person register the foreign order in the protected person’s county of residence. Venue is proper throughout the state. The protected person must swear by affidavit, that to the best of the protected person’s knowledge and belief, the attached certified copy of the foreign order, docket number ____________________, issued in the state of __________ on _______________ is currently in effect as written and has not been superseded by any other order and that the respondent has been given a copy of it.

(b) The sheriff shall examine the certified copy of the foreign order and register the order in the injunction registry, noting that it is a foreign order of protection. If not apparent from the face of the certified copy of the foreign order, the sheriff shall use best efforts to ascertain whether the order was served on the respondent. The Florida Department of Law Enforcement shall develop a special notation for foreign orders of protection. The sheriff shall assign a case number and give the protected person a receipt showing registration of the foreign order in this state. There shall be no fee for registration of a foreign order.

(c) The foreign order may also be registered by local law enforcement agencies upon receipt of the foreign order and any accompanying affidavits in the same manner described in paragraphs (a) and (b).

(4)(a) Law enforcement officers shall enforce foreign orders of protection as if they were entered by a court of this state. Upon presentation of a foreign protection order by a protected person, a law enforcement officer shall assist in enforcement of all of its terms, pursuant to federal law, except matters related to child custody, visitation, and support. As to those provisions only, enforcement may be obtained upon domestication of the foreign order pursuant to ss. 55.501-55.509 unless the foreign order is a “pickup order” or “order of bodily attachment” requiring the immediate return of a child.

(b) Before enforcing a foreign protection order, a law enforcement officer should confirm the identity of the parties present and review the order to determine that, on its face, it has not expired. Presentation of a certified or true copy of the protection order shall not be required as a condition of enforcement, provided that a conflicting certified copy is not presented by the respondent or the individual against whom enforcement is sought.

(c) A law enforcement officer shall use reasonable efforts to verify service of process.

(d) Service may be verified as follows:

1. By petitioner: Petitioner may state under oath that to the best of petitioner’s knowledge, respondent was served with the order of protection because petitioner was present at time of service; respondent told petitioner he or she was served; another named person told petitioner respondent was served; or respondent told petitioner he or she knows of the content of the order and date of the return hearing.

2. By respondent: Respondent states under oath that he or she was or was not served with the order.

(e) Enforcement and arrest for violation of a foreign protection order shall be consistent with the enforcement of orders issued in this state.

(f) A law enforcement officer acting in good faith under this section and the officer’s employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer’s or agency’s actions in carrying out the provisions of this section.

(g) Law enforcement shall not require petitioner to sign a registration affidavit as a condition of enforcement.

(h) A foreign order of protection shall remain in effect until the date of expiration on its face; or, if there is no expiration date on its face, a foreign order of protection shall remain in effect until expiration. If the order of protection states on its face that it is a permanent order, then there is no date of expiration.

(5) Any person who acts under this section and intentionally provides a law enforcement officer with a copy of an order of protection known by that person to be false or invalid, or who denies having been served with an order of protection when that person has been served with such order, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(6) In the event 18 U.S.C. s. 2265 is held to be unconstitutional, this section shall be null and void.

History.–s. 7, ch. 97-155.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Violation of an injunction for protection against domestic violence

741.31 Violation of an injunction for protection against domestic violence.–

(1) In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.

(2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete their investigation and forward the report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy regarding intake of alleged violations of injunctions for protection against domestic violence under this section. The intake shall be supervised by a prosecutor who, pursuant to s. 741.2901(1), has been designated and assigned to handle domestic violence cases. The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.

(3) If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.

(4)(a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:

1. Refusing to vacate the dwelling that the parties share;

2. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;

3. Committing an act of domestic violence against the petitioner;

4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;

5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;

7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or

8. Refusing to surrender firearms or ammunition if ordered to do so by the court

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)1. It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.

2. It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.

(5) Whether or not there is a criminal prosecution under subsection (4), the court shall order the respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why a batterers’ intervention program would be inappropriate.

(6) Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys’ fees for enforcement of the injunction.

History.–s. 2, ch. 86-264; s. 169, ch. 91-224; s. 6, ch. 94-134; s. 6, ch. 94-135; s. 8, ch. 95-182; s. 36, ch. 95-184; s. 6, ch. 95-195; s. 4, ch. 96-392; s. 19, ch. 96-402; s. 6, ch. 97-155; s. 3, ch. 98-284; s. 73, ch. 99-5; s. 14, ch. 2002-55.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574