CopyCited 3 times | Published | Supreme Court of Florida | 2013 WL 6305187
...Stalking
784.048(2) 8.6 Attempt
777.04(1) 5.1 Violation of injunction for protection against domestic violence
741.31(4) 8.16 Violation of injunction for protection against repeat, sexual, or dating violence
784.047 8.19 Violation of injunction for protection against stalking or cvherstalkine
784.0487(41 8.24 Comments See Seese v....
...Stalking
784.048(2) 8.6 Attempt
777.04(1) 5.1 Violation of injunction for protection against domestic violence
741.31(4) 8.18 Violation of injunction for protection against repeat, sexual, or dating violence
784.047 8.19 Violation of injunction for protection against stalking or cvberslalking
784.0487(4) 8.24 Comment This instruction is based on-the-text-of section-784.048(5)j ■ -Florida ■ Statutes (1997), and generally patterned after-the-standard instructions — on—stalking ■■ -and aggravated stalking-.- This instruction was...
...of dangerous weapons or firearms 7-9040 444 Discharging firearms in public
790.15 10.6 Comment This instruction was adopted in 1997 [
697 So.2d 84 ] and amended in 2013. 8.24 VIOLATION OF INJUNCTION FOR PROTECTION AGAINST [STALKING] [CYBERSTALKING] §
784.0487(4), Fla....
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1939, 2013 WL 1908394
...Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes, for any violation of its provisions, which constitutes a criminal act under Section
784.0487, Florida Statutes....
...The affidavit shall be immediately forwarded by the office assisting Petitioner to the state attorney of that circuit and to the judge designated by the chief judge as the recipient of affidavits of violations of an Injunction. Procedures relating to reporting alleged violations are governed by section 784.0487, Florida *822 Statutes....
...The affidavit shall be immediately forwarded by the office assisting Petitioner to the state attorney of that circuit and to the judge designated by the chief judge as the recipient of affidavits of violations of an injunction. Procedures relating to reporting alleged violations are governed by section 784.0487, Florida Statutes....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provisions, which constitutes a criminal act under Section
784.0487, Florida
Statutes.
3....
...The
affidavit shall be immediately forwarded by the office assisting Petitioner to the state attorney of that
circuit and to the judge designated by the chief judge as the recipient of affidavits of violations of an
injunction. Procedures relating to reporting alleged violations are governed by section 784.0487, Florida
Statutes.
DONE AND ORDERED in ____________________________, Florida, on _________________ .
CIRCUIT JUDGE
COPIES TO:
Sheriff of ________ County
Florida Supreme Court Approved...
...The
affidavit shall be immediately forwarded by the office assisting Petitioner to the state attorney of that
circuit and to the judge designated by the chief judge as the recipient of affidavits of violations of an
injunction. Procedures relating to reporting alleged violations are governed by section 784.0487, Florida
Statutes.
4....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 470, 2014 WL 3555973, 2014 Fla. LEXIS 2121
...n occurs shall enforce the
provisions of this injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes, for any violation of its provisions, which constitutes a criminal act
under Section
784.0487, Florida Statutes.
3....
...The affidavit shall be immediately forwarded by the office assisting
Petitioner to the state attorney of that circuit and to the judge designated by the chief judge as
the recipient of affidavits of violations of an injunction. Procedures relating to reporting alleged
violations are governed by section 784.0487, Florida Statutes.
DONE AND ORDERED in ____________________________, Florida, on _________________.
CIRCUIT JUDGE
Florida Supreme Court Approved F...
CopyPublished | Florida 4th District Court of Appeal
...Defendant raises several issues on appeal, but we write
to address only two of the issues in this opinion. Defendant argues that:
(1) he was denied the right to a unanimous jury verdict, and (2) the jury
instructions permitted the jury to convict him based on actions that do
not violate section 784.0487, Florida Statutes (2019)....
...fact that the Petitioner has “a lot
of visitors that park on the swale on their own side of the roadway.”
Defendant was thereafter arrested and charged with one count of
violation of an injunction for protection against stalking pursuant to
section 784.0487, Florida Statutes (2019). The information, which tracked
the language in section 784.0487, alleged that Defendant violated the
injunction by either:
(a) going to, or being within 500 feet of, the petitioner’s
residence, school, place of employment, or a specified place
frequented regularly by the peti...
...(f) defacing or destroying the petitioner’s personal property,
including the petitioner’s motor vehicle, or
(g) refusing to surrender firearms or ammunition if ordered
to do so by the court, in violation of Florida Statute
784.0487(4).
Prior to jury selection, the State orally amended the written information
to remove paragraphs (f) and (g) as being inapplicable....
...charge of tampering with evidence “based on one of two separate instances
of tampering” supported by the evidence presented at trial).
In the present case, the State charged Defendant with one count of
violation of an injunction for protection against stalking under section
784.0487, Florida Statutes (2019)....
...y, unless the injunction
specifically allows indirect contact through a third party; [or]
5. Knowingly and intentionally coming within 100 feet of the
petitioner’s motor vehicle, whether or not that vehicle is
occupied[.]
§ 784.0487(4)(a)1.-5., Fla. Stat. (2019).
Consistent with section 784.0487(4)(a), the State argued to the jury
that it could convict Defendant if he willfully violated the injunction in one
of five ways and that “to find the Defendant guilty, you only have to find
one of those provisions was violated.”...
...gh these statements were not
in and of themselves legally incorrect, neither the State nor the trial court
clarified to the jury that it was required to unanimously agree on at least
one specific act. This is problematic because “[t]he language of section
784.0487(4) indicates that willful violation of an injunction can be ‘violated
in multiple, alternative ways,’ each of which can be punished as separate
offenses if they constitute distinct criminal acts.” Jacobs v. State,
272 So.
3d 838, 841 (Fla. 2d DCA 2019) (citation omitted).
5
For example, in Jacobs, the defendant was charged with two counts of
violation of a stalking injunction pursuant to section
784.0487....
...f violating the injunction
for “telephoning, contacting, or otherwise communicating with
[the Petitioner], the family of [the Petitioner], or household guests of
[the Petitioner].” (emphasis added). Defendant argues that the plain
language of subsection 784.0487(4)(a)4....
... contacting, or otherwise communicating with the petitioner,” making no
reference to the petitioner’s family members or household guests.
(emphasis added). Although we conclude no fundamental error occurred,
we do note that it was error to include this language. Subsection
784.0487(4)(a)4., unlike subsection 784.0487(4)(a)1., makes no mention
of the petitioner’s family or household guests, thus demonstrating the
legislature only intended for violations of this subsection to be limited to
circumstances where the defendant telephones, communicates, or
contacts the petitioner only....
