SB 1412 First Engrossed 20161412e1 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. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 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 copyof the order of no contact, specifying 24 which specifiesthe 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.