| 1 | A bill to be entitled |
| 2 | An act relating to protection of victims of sexual battery |
| 3 | and lewd or lascivious offenses; creating s. 921.244, |
| 4 | F.S.; requiring the court to prohibit certain offenders |
| 5 | from having direct or indirect contact with their victims; |
| 6 | authorizing the court to reconsider orders prohibiting |
| 7 | such contact in certain circumstances; providing for an |
| 8 | evidentiary hearing that includes psychiatric testimony; |
| 9 | providing that it is a felony of the third degree to |
| 10 | violate such order; providing penalties; amending s. |
| 11 | 784.048, F.S.; providing that it is a felony of the third |
| 12 | degree to willfully, maliciously, and repeatedly follow, |
| 13 | harass, or cyberstalk the victim in violation of such |
| 14 | order; providing penalties; providing applicability; |
| 15 | providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 921.244, Florida Statutes, is created |
| 20 | to read: |
| 21 | 921.244 Order of no contact; penalties.-- |
| 22 | (1) At the time of sentencing an offender for a violation |
| 23 | of s. 794.011 or s. 800.04, the court shall order that the |
| 24 | offender be prohibited from having any contact with the victim, |
| 25 | directly or indirectly, including through a third person, for |
| 26 | the duration of the sentence imposed. The court may reconsider |
| 27 | such order upon the request of the victim if such request is |
| 28 | made at any time after the victim has attained 18 years of age. |
| 29 | In considering such request, the court shall conduct an |
| 30 | evidentiary hearing to determine whether a change of |
| 31 | circumstances has occurred that warrants a change in the court |
| 32 | order prohibiting contact and whether it is in the best interest |
| 33 | of the victim that the court order be modified or rescinded. |
| 34 | Such evidentiary hearing shall include psychiatric testimony to |
| 35 | determine whether the victim has overcome any psychological |
| 36 | control or other control exercised over the victim by the |
| 37 | offender. |
| 38 | (2) Any offender who violates a court order issued |
| 39 | pursuant to this section commits a felony of the third degree, |
| 40 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 41 | Section 2. Subsection (7) is added to section 784.048, |
| 42 | Florida Statutes, to read: |
| 43 | 784.048 Stalking; definitions; penalties.-- |
| 44 | (7) Any person who, after having been sentenced for a |
| 45 | violation of section 794.011 or s. 800.04, and prohibited from |
| 46 | contacting the victim of the offense pursuant to s. 921.244, |
| 47 | willfully, maliciously, and repeatedly follows, harasses, or |
| 48 | cyberstalks such victim commits the offense of aggravated |
| 49 | stalking, a felony of the third degree, punishable as provided |
| 50 | in s. 775.082, s. 775.083, or s. 775.084. |
| 51 | Section 3. This act shall take effect on July 1, 2004, and |
| 52 | shall apply to offenses committed on or after that date. |