ENROLLED
       2015 Legislature                     CS for CS for CS for SB 342
       
       
       
       
       
       
                                                              2015342er
    1                                                                   
    2         An act relating to no contact orders; amending s.
    3         903.047, F.S.; providing for the effect and
    4         enforceability of orders of no contact as a part of
    5         pretrial release; requiring that the defendant receive
    6         a copy of the order of no contact prior to release;
    7         specifying acts prohibited by a no contact order;
    8         reenacting ss. 741.29(6), 784.046(13) and (15), and
    9         901.15(13), F.S., relating to domestic violence,
   10         repeat, sexual, or dating violence, and arrest without
   11         a warrant, respectively, to incorporate the amendment
   12         made to s. 903.047, F.S., in references thereto;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 903.047, Florida Statutes, is amended to
   18  read:
   19         903.047 Conditions of pretrial release.—
   20         (1) As a condition of pretrial release, whether such
   21  release is by surety bail bond or recognizance bond or in some
   22  other form, the defendant must shall:
   23         (a) Refrain from criminal activity of any kind.
   24         (b) Refrain from any contact of any type with the victim,
   25  except through pretrial discovery pursuant to the Florida Rules
   26  of Criminal Procedure. An order of no contact is effective
   27  immediately and enforceable for the duration of the pretrial
   28  release or until it is modified by the court. The defendant
   29  shall receive a copy of the order of no contact which specifies
   30  the applicable prohibited acts before the defendant is released
   31  from custody on pretrial release. As used in this section,
   32  unless otherwise specified by the court, the term “no contact”
   33  includes the following prohibited acts:
   34         1. Communicating orally or in any written form, either in
   35  person, telephonically, electronically, or in any other manner,
   36  either directly or indirectly through a third person, with the
   37  victim or any other person named in the order. If the victim and
   38  the defendant have children in common, at the request of the
   39  defendant, the court may designate an appropriate third person
   40  to contact the victim for the sole purpose of facilitating the
   41  defendant’s contact with the children. However, this
   42  subparagraph does not prohibit an attorney for the defendant,
   43  consistent with rules regulating The Florida Bar, from
   44  communicating with any person protected by the no contact order
   45  for lawful purposes.
   46         2. Having physical or violent contact with the victim or
   47  other named person or his or her property.
   48         3. Being within 500 feet of the victim’s or other named
   49  person’s residence, even if the defendant and the victim or
   50  other named person share the residence.
   51         4. Being within 500 feet of the victim’s or other named
   52  person’s vehicle, place of employment, or a specified place
   53  frequented regularly by such person.
   54         (c) Comply with all conditions of pretrial release.
   55         (2) Upon motion by the defendant when bail is set, or upon
   56  later motion properly noticed pursuant to law, the court may
   57  modify the condition required by paragraph (1)(b) if good cause
   58  is shown and the interests of justice so require. The victim
   59  shall be permitted to be heard at any proceeding in which such
   60  modification is considered, and the state attorney shall notify
   61  the victim of the provisions of this subsection and of the
   62  pendency of any such proceeding.
   63         Section 2. For the purpose of incorporating the amendment
   64  made by this act to section 903.047, Florida Statutes, in a
   65  reference thereto, subsection (6) of section 741.29, Florida
   66  Statutes, is reenacted to read:
   67         741.29 Domestic violence; investigation of incidents;
   68  notice to victims of legal rights and remedies; reporting.—
   69         (6) A person who willfully violates a condition of pretrial
   70  release provided in s. 903.047, when the original arrest was for
   71  an act of domestic violence as defined in s. 741.28, commits a
   72  misdemeanor of the first degree, punishable as provided in s.
   73  775.082 or s. 775.083, and shall be held in custody until his or
   74  her first appearance.
   75         Section 3. For the purpose of incorporating the amendment
   76  made by this act to section 903.047, Florida Statutes, in a
   77  reference thereto, subsections (13) and (15) of section 784.046,
   78  Florida Statutes, are reenacted to read:
   79         784.046 Action by victim of repeat violence, sexual
   80  violence, or dating violence for protective injunction; dating
   81  violence investigations, notice to victims, and reporting;
   82  pretrial release violations; public records exemption.—
   83         (13) Whenever a law enforcement officer determines upon
   84  probable cause that an act of dating violence has been committed
   85  within the jurisdiction, or that a person has violated a
   86  condition of pretrial release as provided in s. 903.047 and the
   87  original arrest was for an act of dating violence, the officer
   88  may arrest the person or persons suspected of its commission and
   89  charge such person or persons with the appropriate crime. The
   90  decision to arrest and charge shall not require consent of the
   91  victim or consideration of the relationship of the parties.
   92         (15) A person who willfully violates a condition of
   93  pretrial release provided in s. 903.047, when the original
   94  arrest was for an act of dating violence as defined in this
   95  section, commits a misdemeanor of the first degree, punishable
   96  as provided in s. 775.082 or s. 775.083, and shall be held in
   97  custody until his or her first appearance.
   98         Section 4. For the purpose of incorporating the amendment
   99  made by this act to section 903.047, Florida Statutes, in a
  100  reference thereto, subsection (13) of section 901.15, Florida
  101  Statutes, is reenacted to read:
  102         901.15 When arrest by officer without warrant is lawful.—A
  103  law enforcement officer may arrest a person without a warrant
  104  when:
  105         (13) There is probable cause to believe that the person has
  106  committed an act that violates a condition of pretrial release
  107  provided in s. 903.047 when the original arrest was for an act
  108  of domestic violence as defined in s. 741.28, or when the
  109  original arrest was for an act of dating violence as defined in
  110  s. 784.046.
  111         Section 5. This act shall take effect October 1, 2015.