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A bill to be entitled

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An act relating to orders of no contact; amending s.

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921.244, F.S.; requiring that offenders convicted of

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specified violent offenses be prohibited from having any

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contact with the victim; providing that a guardian ad

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litem of a child victim may request the court to

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reconsider the order prohibiting the offender from having

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contact with the child victim under certain circumstances;

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providing penalties; providing that the penalty for

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violation of such an order run consecutive to the sentence

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for the original violation; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 921.244, Florida Statutes, is amended to

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read:

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     921.244  Order of no contact; penalties.--

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     (1) If, at the time of sentencing, an offender is convicted

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of a violation of s. 794.011 or s. 800.04 or convicted of

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committing:

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     (a) Arson;

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     (b) Sexual battery;

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     (c) Robbery;

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     (d) Kidnapping;

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     (e) Aggravated child abuse;

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     (f) Aggravated abuse of an elderly person or disabled

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adult;

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     (g) Aggravated assault with a deadly weapon;

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     (h) Murder;

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     (i) Manslaughter;

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     (j) Aggravated manslaughter of an elderly person or

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disabled adult;

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     (k) Aggravated manslaughter of a child;

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     (l) Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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     (m) Armed burglary;

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     (n) Aggravated battery; or

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     (o) Aggravated stalking,

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the court shall order that the offender be prohibited from having

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any contact with the victim, directly or indirectly, including

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through a third person, for the duration of the sentence imposed.

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The court may reconsider the order upon the request of the victim

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if the request is made at any time after the victim has attained

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18 years of age or upon the request of a guardian ad litem on

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behalf of a child victim if the guardian ad litem affirms that he

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or she believes that the contact would not be harmful to the

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child. In considering the request, the court shall conduct an

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evidentiary hearing to determine whether a change of

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circumstances has occurred which warrants a change in the court

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order prohibiting contact and whether it is in the best interest

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of the victim that the court order be modified or rescinded.

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     (2)  Any offender who violates a court order issued under

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this section commits a felony of the third degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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     (3) The punishment imposed for a violation of subsection

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(2) under this section shall run consecutive to any former

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sentence imposed for a conviction for any offense under s.

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794.011 or s. 800.04 or for a conviction for committing:

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     (a) Arson;

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     (b) Sexual battery;

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     (c) Robbery;

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     (d) Kidnapping;

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     (e) Aggravated child abuse;

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     (f) Aggravated abuse of an elderly person or disabled

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adult;

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     (g) Aggravated assault with a deadly weapon;

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     (h) Murder;

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     (i) Manslaughter;

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     (j) Aggravated manslaughter of an elderly person or

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disabled adult;

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     (k) Aggravated manslaughter of a child;

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     (l) Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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     (m) Armed burglary;

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     (n) Aggravated battery; or

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     (o) Aggravated stalking.

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     Section 2.  This act shall take effect October 1, 2008.