Bill Text: FL S0342 | 2015 | Regular Session | Enrolled
Bill Title: No Contact Orders
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2015-05-15 - Chapter No. 2015-17 [S0342 Detail]
Download: Florida-2015-S0342-Enrolled.html
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 mustshall: 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.