Bill > S1316

Introduced Session

An act relating to injunctions for protection against marriage fraud; creating s. 908.14, F.S.; defining the term “marriage fraud”; creating a cause of action for an injunction for protection in cases of marriage fraud; authorizing a person who is the victim of marriage fraud to file a petition for such an injunction, regardless of any other available or pending petition, complaint, or cause of action; specifying that the petitioner does not require representation by an attorney; requiring the clerk of the court to provide certain information, forms, and assistance to certain persons; prohibiting the clerk of the court from charging a filing fee for such petitions; authorizing the clerk of the court to submit quarterly requests for certain reimbursement to the Justice Administrative Commission; requiring the clerk of the court to pay from such reimbursements certain law enforcement agency fees, up to a specified amount; prohibiting the court from requiring a bond; requiring the clerk of the court to provide a petitioner with a certified copy of such an injunction; providing requirements for a verified petition for such an injunction; providing the required form of such petition; requiring a court to set a hearing upon the filing of such petition; requiring that the respondent be personally served with certain documents before the hearing; authorizing the court to grant a temporary injunction and grant certain relief under certain circumstances; limiting the evidence that may be used in certain ex parte hearings; providing an exception; limiting the duration of such temporary injunctions; authorizing the court to grant a continuance of a temporary injunction and the full hearing under certain circumstances; authorizing the court to grant certain relief, including an injunction, upon notice and a hearing; requiring that temporary and final judgments on such injunctions indicate certain information; requiring the clerk of the court to electronically transmit copies of such injunctions to specified persons within a certain period after issuance; providing requirements for service of such injunctions upon respondents; providing that a chief judge may authorize a law enforcement agency to effect certain service and receive a portion of the service fee; prohibiting a person from serving or executing such injunctions unless the person is a law enforcement officer; authorizing the court to order an officer to accompany a petitioner and assist in the execution of service of such an injunction under certain circumstances; requiring the clerk of the court to electronically transmit a copy of such an injunction to a certain sheriff within a specified timeframe after the court issues, changes, or vacates the injunction; requiring a sheriff or other law enforcement officer who receives such an injunction or who makes service upon a respondent to make certain information available to other law enforcement agencies in a specified manner within a certain timeframe; requiring the Florida Association of Court Clerks and Comptrollers to develop a certain automated process, subject to available funding; providing requirements for automated notice; authorizing the Florida Association of Court Clerks and Comptrollers to apply for grants for a specified purpose; requiring the clerk of the court to notify a certain sheriff or law enforcement agency of certain action by the court within a specified timeframe; authorizing the court to enforce violations of such injunctions through civil or criminal contempt proceedings; providing for the transfer of certain fines and assessments by the clerk of the court to the Department of Revenue for deposit into the Domestic Violence Trust Fund; requiring that a respondent arrested for a violation of such an injunction be held in custody until brought before the court for a specified purpose; providing immunity from civil and criminal liability for law enforcement officers and agencies acting in good faith under certain provisions; creating s. 908.141, F.S.; authorizing a petitioner to contact the clerk of the court under certain circumstances; requiring the clerk of the court to assist the petitioner in preparing an affidavit or direct the petitioner to a certain office, under certain circumstances; requiring the clerk of the court or the office assisting the petitioner to immediately forward the affidavit to certain persons; requiring a law enforcement agency to complete its investigation and forward the affidavit along with a certain report to the state attorney within a specified timeframe; requiring the state attorney to make a certain determination within a specified timeframe; authorizing the court to immediately issue an order of appointment of the state attorney under certain circumstances; requiring the court to immediately notify the state attorney that the court is proceeding to enforce the violation through a ruling of criminal contempt under certain circumstances; providing criminal penalties for a willful violation of an injunction; specifying the means by which a person violates such an injunction; providing that a person with two or more prior convictions for violation of an injunction or foreign protection order against the same victim who commits a subsequent violation against the same victim commits a third degree felony; defining the term “conviction”; providing an effective date.

AI Summary

Clay Yarborough (R)*, 

Introduced (on 01/22/2026)

Official Document