The proposed bill, titled "Shawnya's Law," aims to expand the definition of "domestic violence" to include "marriage fraud" and to establish specific procedures for handling cases involving such fraud. The bill amends section 741.28 of the Florida Statutes to define "marriage fraud" as an intentional deception by a foreign national entering into marriage with a U.S. citizen or lawful resident for the purpose of evading laws or obtaining benefits. Additionally, the bill revises the petition process for injunctions against domestic violence in section 741.30, requiring that the petition include allegations of marriage fraud and detailing the abuse or harm suffered as a result.
Furthermore, the bill mandates that if a court issues an injunction for protection against domestic violence where the petitioner alleges marriage fraud, the clerk of the court must electronically transmit relevant documentation to the State Board of Immigration Enforcement within 24 hours. A representative from the Board is then required to contact the petitioner within 30 days. This legislation is set to take effect on July 1, 2026, and aims to provide additional protections for victims of domestic violence who are also victims of marriage fraud.
Statutes affected: H 485 Filed: 741.28