WHEREAS, §741.30, Florida Statutes, provides for protective injunctions for victims of domestic violence and sets out procedures for service of process; and,

WHEREAS, §784.046, Florida Statutes, provides for protective injunctions for victims of repeat violence, dating violence, and sexual violence and sets out procedures for service of process; and,

WHEREAS, Rule 12.610, Florida Rules Family Law Rules of Procedure, provides for service of temporary and permanent injunctions for protection against domestic violence, repeat violence, dating violence, and sexual violence; and,

WHEREAS, statutory changes necessitate vacating Administrative Order No. 5-28.0 and revising it so that it is consistent with current law; and

It is, therefore,

ORDERED and ADJUDGED that:

1. Administrative Order No. 5-28.0 is vacated.

2. Pursuant to §741.30(8)(a)(1), Florida Statutes, and §784.046(8)(a)(1), Florida Statutes, the clerk of court shall provide a copy of the petition for injunction for protection against domestic violence, repeat violence, dating violence, or sexual violence, along with any other required submittals "to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night."

3. Section 741.30(8)(a)(1), Florida Statutes, and §784.046(8)(a)(1), Florida Statutes, provide that "…the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the chief judge’s jurisdiction to effect …" service. Accordingly, the sheriff’s departments of Polk, Highlands, and Hardee Counties have primary responsibility of serving or executing protective injunctions issued pursuant to §741.30, Florida Statutes, and §784.046, Florida Statutes; however, the local law enforcement agencies of Polk, Highlands, and Hardee Counties may assist their respective Sheriff’s Department in serving or executing these protective injunctions.

4. If service of process is effected by a local law enforcement agency, pursuant to §741.30(8)(c)(2), Florida Statutes, and §784.046(8)(c)(2), Florida Statutes, said local law enforcement agency shall "forward written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner."

5. Pursuant to §741.30(2)(a), Florida Statutes, and §784.046(3)(b), Florida Statutes, the clerk of the court may no longer access a filing fee for petitions for injunctions for protection against domestic violence, repeat violence, dating violence, or sexual violence.

6. Pursuant to §741.30(2)(a), Florida Statutes, and §784.046(3)(b), Florida Statutes, subject to legislative appropriation, the clerk of the court may submit a certified request for reimbursement of petitions for protection against domestic violence, repeat violence, dating violence, and sexual violence to the Office of the State Courts Administrator on a quarterly basis. The rate of possible reimbursement is $40.00 per petition. "From this reimbursement, the clerk shall pay any law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee shall not exceed $20.00." Id.

7. Section 741.315(2), Florida Statutes, provides that "[p]ursuant 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."

8. Section 741.315(3), Florida Statutes, provides that "[n]otwithstanding 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. See §741.315(3)(a)-(c), Florida Statutes, for the registration procedure for foreign protection orders.

9. Additionally, §741.315(3), Florida Statutes, provides that "[l]aw 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… 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."

10. The Court Administrator’s Office shall furnish a copy of this Administrative Order to the sheriff’s departments of Polk, Highlands, and Hardee Counties and to the local law enforcement agencies within these Counties and shall make a copy available to others upon request.

 

ORDERED on this 31^st day of August, 2004.

RONALD A. HERRING