SB 1412                                          First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to orders of no contact; amending s.
    3         903.047, F.S.; revising the requirements for notifying
    4         a defendant of a no contact order if issued by the
    5         court as a condition of pretrial release; providing an
    6         effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Subsection (1) of section 903.047, Florida
   11  Statutes, is amended to read:
   12         903.047 Conditions of pretrial release.—
   13         (1) As a condition of pretrial release, whether such
   14  release is by surety bail bond or recognizance bond or in some
   15  other form, the defendant must:
   16         (a) Refrain from criminal activity of any kind.
   17         (b) If the court issues an order of no contact, refrain
   18  from any contact of any type with the victim, except through
   19  pretrial discovery pursuant to the Florida Rules of Criminal
   20  Procedure. An order of no contact is effective immediately and
   21  enforceable for the duration of the pretrial release or until it
   22  is modified by the court. The defendant shall be informed in
   23  writing receive a copy of the order of no contact, specifying
   24  which specifies the applicable prohibited acts, before the
   25  defendant is released from custody on pretrial release. As used
   26  in this section, unless otherwise specified by the court, the
   27  term “no contact” includes the following prohibited acts:
   28         1. Communicating orally or in any written form, either in
   29  person, telephonically, electronically, or in any other manner,
   30  either directly or indirectly through a third person, with the
   31  victim or any other person named in the order. If the victim and
   32  the defendant have children in common, at the request of the
   33  defendant, the court may designate an appropriate third person
   34  to contact the victim for the sole purpose of facilitating the
   35  defendant’s contact with the children. However, this
   36  subparagraph does not prohibit an attorney for the defendant,
   37  consistent with rules regulating The Florida Bar, from
   38  communicating with any person protected by the no contact order
   39  for lawful purposes.
   40         2. Having physical or violent contact with the victim or
   41  other named person or his or her property.
   42         3. Being within 500 feet of the victim’s or other named
   43  person’s residence, even if the defendant and the victim or
   44  other named person share the residence.
   45         4. Being within 500 feet of the victim’s or other named
   46  person’s vehicle, place of employment, or a specified place
   47  frequented regularly by such person.
   48         (c) Comply with all conditions of pretrial release.
   49         Section 2. This act shall take effect July 1, 2016.