Point of View: New Florida allows for domestic violence injunctions to protect pets

/in /by

Staff Writer

Palm Beach Post, 7/18/2020

Domestic violence takes on many ugly forms and is almost always considered a serious criminal offense. While assault, battery, kidnapping, false imprisonment and any offense resulting in physical injury or death of a family or household member are the most common forms of domestic violence many perpetrators also threaten to harm or kill a family or household pet to exert control over their victims. Research shows that pet abuse is a significant domestic violence predictor.

To protect themselves from abuse or threats of abuse, a domestic violence victim may petition for a protective injunction. In Florida, a petitioner may allege that the respondent injured or killed a family pet as a basis for a domestic violence injunction. If the court finds the petitioner is in immediate and present danger of domestic violence, it may issue a temporary injunction, awarding the petitioner relief, including temporary exclusive use and possession of a shared residence and up to 100% time-sharing of a minor child. Following a hearing, the court may issue a permanent injunction and award relief it deems necessary to protect the petitioner.

However, Florida law does not expressly authorize a court to grant a petitioner the exclusive care, custody, and control of a pet, to order a respondent to have no contact with a pet; or to prohibit a respondent from threatening to harm or harming a pet. Without express authorization to order relief pertaining to pets, a court issuing a domestic violence injunction may believe they lack the authority to do so.

House Bill 241 expressly authorizes a court issuing a domestic violence injunction to: award the petitioner the exclusive care, possession, or control of an animal that the petitioner, respondent, or a minor child residing in the home of either party owns, possesses, harbors, keeps, or holds, except an animal owned primarily for a bonafide agricultural purpose or a service animal, if the respondent is the service animal’s handler; order the respondent to have no contact with the animal; and prohibits the respondent from taking, transferring, encumbering, concealing, harming or otherwise disposing of the animal.

The essence of this legislation is so that people don’t stay in abusive relationships out of fear that the family pet may be harmed or killed by a perpetrator of domestic violence, which was my motivation for sponsoring this bill. I am pleased that Gov. Ron DeSantis recently signed into law the Senate companion bill (SB 1082), which passed in both the House and the Senate.

The signing of this legislation could and most probably will lead to saving lives, including beloved family pets.

DAVID SILVERS, LAKE CLARKE SHORES

Editor’s note: Silvers represents District 87 in the Florida House of Representatives.

Improving mental health for minors remains a top priority Another viewpoint

/in /by

South Florida Sun-Sentinel

October 16, 2019 Wednesday

1 Edition

Nearly three years ago, my sister, a child psychologist, brought a story to my attention about a 6-year-old boy, Nicholas, who threw a temper tantrum at his elementary school in Jacksonville.

What happened next could be considered a total and complete failure by local authorities. Nicholas, who was an Individualized Education Program (IEP) elementary school student, was removed from school by a Sheriff’s deputy using the Baker Act, and taken to a mental health facility for a medical evaluation.

His parents were not contacted until he was admitted to the facility, meaning the doctors could hold him for up to 72 hours, even if it was against the wishes of his parents. Nicholas also had to wait 24 hours before seeing a medical professional. When the facility finally allowed his parents to take him home, Nicholas had suffered a bloody nose, scraped shins, and was in an almost hysterical state.

Under the Baker Act, this holding period is legal. The law is a well-intentioned attempt to promote public safety by allowing medical professionals to hold an individual for up to 72 hours to evaluate whether the patient is at risk of causing harm to themselves or others.

The law, however, can sometimes produce shocking unintended consequences, such as allowing a 6-year-old boy to be held against the will of his parents and endure a traumatic and life-altering experience.

I decided to dig deeper into the issue of mental health for minors. Up to 32,000 children have been sent for medical evaluation (Baker Acts) in Florida from July 2015 to June 2016. The numbers have been growing significantly over the last few years but a recent uptick has been staggering.

It’s why I filed House Bill 1183 in the 2017 Legislative Session, my first year as a House member in Tallahassee. It requires medical facilities to initiate a medical review of a minor within 12 hours of the minor being admitted to a facility and it also created a statewide Baker Act Task Force to investigate its use with minors. It was signed into law.

My work on mental health for minors was only just beginning.

In the 2019 session, I filed legislation that implemented several task force recommendations. House Bills 361 and 363, with Senate companions SB1418 and SB838, implement several of those recommendations by allowing medical facilities, that admit minors for a medical evaluation under the Baker Act, up to 5 days to collect data on the minor and then send the information to the Department of Children and Families. Another recommendation expanded the Statewide School Suicide Prevention Program.

Finally, the public records exemption bill (HB363/SB838) that became law requires all court records relating to medical evaluation to be exempt from public records.

For the 2020 legislative session, I will be filing a bill that requires immediate notification to a student’s parent, guardian, or caregiver if the student is removed from school, school transportation, or a school-sponsored activity and taken to a receiving facility for an involuntary examination.

Mental health impacts every one of us, whether it is a loved one, a friend, or an acquaintance. The issue of mental illness is something that we as a society need to make a priority and quite frankly something that needs to be out in the open so people can become more comfortable with seeking help.

I believe addressing mental health issues and civic responsibility will save and enrich the lives of all Floridians. I’m honored to serve in a Legislature that understands and supports these goals.

State Rep. David Silvers, a Democrat, represents the 87th House district.

Medical amnesty bill could save lives of Fla. students

/in /by

Tallahassee Democrat (Florida)

June 7, 2019 Friday

1 Edition

When I was enrolled at the University of Florida, there was a tragedy that involved a student who died from alcohol poisoning. As more information began to trickle out from the investigation, it became apparent that if someone had just called 911 for help, the scenario might have played out differently.

But since at least some of the students were under 21, they were afraid of being arrested, and did not make what could have been a life-saving phone call.

This situation, along with too many others, is why the Florida Board of Governors, which oversees Florida’s 12 public universities, made House Bill 595 a priority during the 2019 legislative session: to grant amnesty to people who call the police and save a life – even if they’re consuming alcohol underage.

It was my great honor to sponsor this bill and to push through legislation – now awaiting the governor’s signature – that has the potential to save lives. That’s particularly true on college campuses, where 96% of students report using alcohol and 20% report having at least five alcoholic drinks in one sitting within the past two weeks, according to the National College Health Assessment. Further, alcohol-related deaths among 18- to 24-year-olds are growing nationally – increasing from 207 in 1998 to 891 in 2014, according to the Journal of Studies on Alcohol and Drugs. These deaths are preventable.

This is not the first time the Florida Legislature has examined this issue, known as medical amnesty. A similar law, which passed in 2012, ensures that people who call 911 to help someone experiencing a drug-related overdose do not face a penalty.

HB 595 extends medical amnesty to protect people under 21 from being arrested for possession of alcohol if they call the police to save a life. If HB 595 had been in place when I was at UF, I truly believe the young man who died might still be alive today.

Any type of criminal justice reform can be difficult to get across the finish line in the Florida Legislature. As a Democrat – a minority in both the House and Senate – I had to work especially hard at getting the legislation on medical amnesty heard and passed.

That said, I am thankful for the committee staff who were so supportive, particularly when they learned about the data that led me to file the bill.

Yes, we should encourage our young people to behave responsibly. The BOG and SUS are working hard to foster a culture that encourages safe choices. But we should also make sure our students are aware that – if the situation arises – it’s better to be safe and call 911 than to wait and hope everything will be OK.

David Silvers is a member of the Florida House of Representatives from District 87, which is in central Palm Beach County.

Your Turn

David Silvers

Guest columnist