Senate Bill sb1118c1
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Florida Senate - 2004 CS for SB 1118
By the Committee on Criminal Justice; and Senator Cowin
307-2008-04
1 A bill to be entitled
2 An act relating to the protection of victims of
3 sexual battery and lewd or lascivious offenses;
4 creating s. 921.244, F.S.; requiring the court
5 to prohibit certain offenders from having
6 direct or indirect contact with the victim of
7 the offense; authorizing the court to
8 reconsider orders prohibiting the contact in
9 certain circumstances; providing that it is a
10 felony of the third degree to violate the
11 order; amending s. 784.048, F.S.; providing
12 that it is a felony of the third degree to
13 willfully, maliciously, and repeatedly follow,
14 harass, or cyberstalk the victim in violation
15 of an order prohibiting contact; providing
16 applicability; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 921.244, Florida Statutes, is
21 created to read:
22 921.244 Order of no contact; penalties.--
23 (1) At the time of sentencing an offender convicted of
24 a violation of s. 794.011 or s. 800.04, the court shall order
25 that the offender be prohibited from having any contact with
26 the victim, directly or indirectly, including through a third
27 person, for the duration of the sentence imposed. The court
28 may reconsider the order upon the request of the victim if the
29 request is made at any time after the victim has attained 18
30 years of age. In considering the request, the court shall
31 conduct an evidentiary hearing to determine whether a change
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1118
307-2008-04
1 of circumstances has occurred which warrants a change in the
2 court order prohibiting contact and whether it is in the best
3 interest of the victim that the court order be modified or
4 rescinded.
5 (2) Any offender who violates a court order issued
6 under this section commits a felony of the third degree,
7 punishable as provided in s. 775.082, s. 775.083, or s.
8 775.084.
9 Section 2. Subsection (7) is added to section 784.048,
10 Florida Statutes, to read:
11 784.048 Stalking; definitions; penalties.--
12 (7) Any person who, after having been sentenced for a
13 violation of s. 794.011 or s. 800.04, and prohibited from
14 contacting the victim of the offense under s. 921.244,
15 willfully, maliciously, and repeatedly follows, harasses, or
16 cyberstalks the victim commits the offense of aggravated
17 stalking, a felony of the third degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 Section 3. This act shall take effect on July 1, 2004,
20 and shall apply to offenses committed on or after that date.
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Florida Senate - 2004 CS for SB 1118
307-2008-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1118
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4 1. The CS requires that a sentencing court prohibit an
offender who has been convicted of violating s. 794.011,
5 F.S., or s. 800.04, F.S., from having contact with the
victim of the sexual battery or the lewd or lascivious
6 offense upon or in the presence of a child under the age
of 16. The bill did not make such a no-contact order
7 mandatory.
8 2. The CS applies to offenders convicted of violating s.
794.011, F.S., (sexual battery) or s. 800.04, F.S., (lewd
9 or lascivious offenses upon or in the presence of a child
under the age of 16). The bill applied to offenders
10 placed on probation for any offense in which the
sentencing court enters a condition of probation
11 prohibiting contact with the victim.
12 3. The CS creates a new criminal offense for violation of a
court's no contact order issued in accordance with s.
13 921.244, F.S., making it an unranked third degree felony
which does not require a minimum permissible sentence of
14 imprisonment. The bill created a new variety of
aggravated stalking for knowingly and willfully violating
15 a court order of probation prohibiting contact with the
victim. The offense in the bill was a third degree felony
16 ranked as a Level 7 offense on the Offense Severity
Ranking Chart, which would result in a minimum
17 permissible sentence of imprisonment for 21 months.
18 4. The CS also creates a new variety of aggravated stalking
for an offender who commits the elements of misdemeanor
19 stalking against a prior victim after being convicted of
violating s. 794.011, F.S., or s. 800.04, F.S., and made
20 subject to an order prohibiting contact with the victim
of the crime. The new offense is an unranked third degree
21 felony.
22 5. The new offenses created by the CS are not limited to
violation of court orders issued pursuant to an order of
23 probation.
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