Florida Senate - 2015                                     SB 342
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00381-15                                            2015342__
    1                        A bill to be entitled                      
    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; specifying acts prohibited by a no
    6         contact order; reenacting ss. 741.29(6), 784.046(13)
    7         and (15), and 901.15(13), F.S., relating to domestic
    8         violence, repeat, sexual, or dating violence, and
    9         arrest without a warrant, respectively, to incorporate
   10         the amendments made to s. 903.047, F.S., in references
   11         thereto; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 903.047, Florida Statutes, is amended to
   16  read:
   17         903.047 Conditions of pretrial release.—
   18         (1) As a condition of pretrial release, whether such
   19  release is by surety bail bond or recognizance bond or in some
   20  other form, the defendant must shall:
   21         (a) Refrain from criminal activity of any kind.
   22         (b) Refrain from any contact of any type with the victim,
   23  except through pretrial discovery pursuant to the Florida Rules
   24  of Criminal Procedure. An order of no contact is effective
   25  immediately and enforceable for the duration of the pretrial
   26  release or until it is modified by the court. As used in this
   27  section, unless otherwise specified by the court, the term “no
   28  contact” includes the following prohibited acts:
   29         1. Communicating orally or in any written form, either in
   30  person, telephonically, electronically, or in any other manner,
   31  either directly or indirectly through a third person, with the
   32  victim or any other person named in the order.
   33         2. Having physical or violent contact with the victim or
   34  other named person or his or her property.
   35         3. Being within 500 feet of the victim’s or other named
   36  person’s residence, even if the defendant and the victim or
   37  other named person share the residence.
   38         4. Being within 500 feet of the victim’s or other named
   39  person’s vehicle, place of employment, or a specified place
   40  frequented regularly by such person.
   41         (c) Comply with all conditions of pretrial release.
   42         (2) Upon motion by the defendant when bail is set, or upon
   43  later motion properly noticed pursuant to law, the court may
   44  modify the condition required by paragraph (1)(b) if good cause
   45  is shown and the interests of justice so require. The victim
   46  shall be permitted to be heard at any proceeding in which such
   47  modification is considered, and the state attorney shall notify
   48  the victim of the provisions of this subsection and of the
   49  pendency of any such proceeding.
   50         Section 2. For the purpose of incorporating the amendment
   51  made by this act to section 903.047, Florida Statutes, in a
   52  reference thereto, subsection (6) of section 741.29, Florida
   53  Statutes, is reenacted to read:
   54         741.29 Domestic violence; investigation of incidents;
   55  notice to victims of legal rights and remedies; reporting.—
   56         (6) A person who willfully violates a condition of pretrial
   57  release provided in s. 903.047, when the original arrest was for
   58  an act of domestic violence as defined in s. 741.28, commits a
   59  misdemeanor of the first degree, punishable as provided in s.
   60  775.082 or s. 775.083, and shall be held in custody until his or
   61  her first appearance.
   62         Section 3. For the purpose of incorporating the amendment
   63  made by this act to section 903.047, Florida Statutes, in a
   64  reference thereto, subsections (13) and (15) of section 784.046,
   65  Florida Statutes, are reenacted to read:
   66         784.046 Action by victim of repeat violence, sexual
   67  violence, or dating violence for protective injunction; dating
   68  violence investigations, notice to victims, and reporting;
   69  pretrial release violations; public records exemption.—
   70         (13) Whenever a law enforcement officer determines upon
   71  probable cause that an act of dating violence has been committed
   72  within the jurisdiction, or that a person has violated a
   73  condition of pretrial release as provided in s. 903.047 and the
   74  original arrest was for an act of dating violence, the officer
   75  may arrest the person or persons suspected of its commission and
   76  charge such person or persons with the appropriate crime. The
   77  decision to arrest and charge shall not require consent of the
   78  victim or consideration of the relationship of the parties.
   79         (15) A person who willfully violates a condition of
   80  pretrial release provided in s. 903.047, when the original
   81  arrest was for an act of dating violence as defined in this
   82  section, commits a misdemeanor of the first degree, punishable
   83  as provided in s. 775.082 or s. 775.083, and shall be held in
   84  custody until his or her first appearance.
   85         Section 4. For the purpose of incorporating the amendment
   86  made by this act to section 903.047, Florida Statutes, in a
   87  reference thereto, subsection (13) of section 901.15, Florida
   88  Statutes, is reenacted to read:
   89         901.15 When arrest by officer without warrant is lawful.—A
   90  law enforcement officer may arrest a person without a warrant
   91  when:
   92         (13) There is probable cause to believe that the person has
   93  committed an act that violates a condition of pretrial release
   94  provided in s. 903.047 when the original arrest was for an act
   95  of domestic violence as defined in s. 741.28, or when the
   96  original arrest was for an act of dating violence as defined in
   97  s. 784.046.
   98         Section 5. This act shall take effect October 1, 2015.