The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

View Entire Chapter

F.S. 784.0487

784.0487 Violation of an injunction for protection against stalking or cyberstalking.—

(1) If the injunction for protection against stalking or cyberstalking has been violated and the respondent has not been arrested, 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 assist the petitioner in preparing an affidavit in support of reporting the violation or directing the petitioner to the office operated by the court that has been designated by the chief judge of that circuit as the central intake point for violations of injunctions for protection 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 judge as the chief judge determines to be the recipient of affidavits of violations of an injunction. If the affidavit alleges that 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 its investigation and forward a 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 stalking or cyberstalking under this section. The intake shall be supervised by a state attorney who has been designated and assigned to handle stalking or cyberstalking cases. The state attorney shall determine within 30 working days whether his or her office will 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 that the petitioner or another person is in immediate danger if the court does not act before the decision of the state attorney to proceed, the court shall 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 stalking or cyberstalking issued pursuant to s. 784.0485, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:

1. 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 members or individuals closely associated with the petitioner;

2. Committing an act of stalking against the petitioner;

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

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

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

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

7. 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, except as provided in paragraph (b).

(b) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

(5) A person who suffers an injury or loss as a result of a violation of an injunction for protection against stalking or cyberstalking may be awarded economic damages for that injury or loss by the court issuing the injunction. Damages include costs and attorney fees for enforcement of the injunction.

History.—s. 4, ch. 2012-153; s. 3, ch. 2016-187.

F.S. 784.0487 on Google Scholar

F.S. 784.0487 on Casetext

Amendments to 784.0487

Arrestable Offenses / Crimes under Fla. Stat. 784.0487

Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ WIN 500 FT PET RESID SCH OR EMPLOY - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJUNCTION STALKING - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ UNLAWFUL THREAT WORD OR ACT VIOLENCE - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ PHONING CONTACT COMMUNICATE WITH PET - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ COMING WITHIN 100 FT PET MTR VEH - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ DEFACE DESTROY PET PERS PROP - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ FAILURE TO SURRENDER FIREARM OR AMMO - M: F

S784.0487 4b - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8006 - M: F

S784.0487 4b - CONTEMPT OF COURT - VIOL INJUN STALK CYBERSTALK 2 OR MORE CONVICT - F: T

S784.0487 4c - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8007 - M: F

S784.0487 4d - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8008 - M: F

S784.0487 4e - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8009 - M: F

S784.0487 4f - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8010 - M: F

S784.0487 4g - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8011 - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

JACOBS, v. STATE, 272 So. 3d 838 (Fla. App. Ct. 2019)

. . . The majority suggests that the structure and plain language of section 784.0487(4) dictate that each . . . By focusing on the language of section 784.0487(4) in determining whether Jacobs' offenses were "distinct . . . be appropriate for any two acts committed during the same criminal episode and charged under section 784.0487 . . . There may be circumstances where two simultaneous acts charged under section 784.0487(4) could be considered . . . it appears that under the majority's analysis, acts falling under different subsections of section 784.0487 . . . Here, the "distinct acts" test applies because Jacobs was convicted multiple times under section 784.0487 . . . Section 784.0487(4)(a) provides the following: A person who willfully violates an injunction for protection . . . different from the vaginal penetration or union in Count 1, there is not a double jeopardy violation."); § 784.0487 . . . See § 784.0487(4)(a) 1.-7. . . . The language of section 784.0487(4) indicates that willful violation of an injunction can be "violated . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 206 So.3d 14 (Fla. 2016)

. . . amended in 2016. 8.24 VIOLATION OF AN INJUNCTION FOR PROTECTION AGAINST [STALKING] [CYBERSTALKING] § 784.0487 . . .

WYANDT, v. VOCCIO,, 148 So. 3d 543 (Fla. Dist. Ct. App. 2014)

. . . See § 784.0487. . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 142 So. 3d 856 (Fla. 2014)

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . dating violence 784.047 8.19 Violation of injunction for protection against stalking or cvherstalkine 784.0487 . . . dating violence 784.047 8.19 Violation of injunction for protection against stalking or cvberslalking 784.0487 . . . and amended in 2013. 8.24 VIOLATION OF INJUNCTION FOR PROTECTION AGAINST [STALKING] [CYBERSTALKING] § 784.0487 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 113 So. 3d 781 (Fla. 2013)

. . . Florida Statutes, for any violation of its provisions, which constitutes a criminal act under Section 784.0487 . . . Procedures relating to reporting alleged violations are governed by section 784.0487, Florida Statutes . . . Procedures relating to reporting alleged violations are governed by section 784.0487, Florida Statutes . . .