Florida Senate - 2016                                    SB 1412
       
       
        
       By Senator Simmons
       
       10-01560-16                                           20161412__
    1                        A bill to be entitled                      
    2         An act relating to conditions of pretrial release;
    3         amending s. 903.047, F.S.; requiring that a defendant
    4         be notified in writing if a court issues an order of
    5         no contact rather than receive a copy of the order;
    6         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (1) of section 903.047, Florida
   11  Statutes, is amended to read:
   12         903.047 Conditions of pretrial release.—
   13         (1) As a condition of pretrial release, whether such
   14  release is by surety bail bond or recognizance bond or in some
   15  other form, the defendant must:
   16         (a) Refrain from criminal activity of any kind.
   17         (b) Refrain from any contact of any type with the victim,
   18  except through pretrial discovery pursuant to the Florida Rules
   19  of Criminal Procedure. If a court issues an order of no contact,
   20  the order is effective immediately and enforceable for the
   21  duration of the pretrial release or until it is modified by the
   22  court. The defendant shall be notified in writing before he or
   23  she is released from custody on pretrial release receive a copy
   24  of the order of no contact, which notification must specify
   25  specifies the applicable prohibited acts before the defendant is
   26  released from custody on pretrial release. 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. If the victim and
   33  the defendant have children in common, at the request of the
   34  defendant, the court may designate an appropriate third person
   35  to contact the victim for the sole purpose of facilitating the
   36  defendant’s contact with the children. However, this
   37  subparagraph does not prohibit an attorney for the defendant,
   38  consistent with rules regulating The Florida Bar, from
   39  communicating with any person protected by the no contact order
   40  for lawful purposes.
   41         2. Having physical or violent contact with the victim or
   42  other named person or his or her property.
   43         3. Being within 500 feet of the victim’s or other named
   44  person’s residence, even if the defendant and the victim or
   45  other named person share the residence.
   46         4. Being within 500 feet of the victim’s or other named
   47  person’s vehicle, place of employment, or a specified place
   48  frequented regularly by such person.
   49         (c) Comply with all conditions of pretrial release.
   50         Section 2. This act shall take effect July 1, 2016.