Florida/Georgia Personal Injury & Workers Compensation

...its object is not to enrich the government or punish the defendant[.]” United States v. Rose, 791 F.2d 1477, 1480 (11th Cir. 1986) (quotation marks and citation omitted). Similarly, Florida law states that the purpose of bail is to ensure the defendant’s appearance and protect the community’s safety. See Fla. Stat. § 903.046(1)....

...utes do address pretrial release on nonmonetary conditions, which is a central feature to pretrial services programs. Legislative intent creates a presumption in favor of release on nonmonetary conditions for any person granted pretrial release. See § 903.046, Fla....

...Thus, the Legislature established detailed and specific criteria for determining when a person may be detained prior to trial by providing: (b) The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria listed in s. 903.046, [6] and any other relevant facts, that: 1....

...[5] This right to bail provided by the Florida Constitution is more explicit than that established by the Eighth Amendment of the United States Constitution, which provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const. amend. VIII. [6] Section 903.046(2), Florida Statutes (1997), sets forth the following criteria for the trial court to consider when determining whether to release a defendant on bail or other conditions: (a) The nature and circumstances of the offense charged....

...assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Art. I, § 14, Fla. Const. (emphasis added). To implement the 1983 amendment, the *875 Legislature enacted statutory sections 903.046 [4] and 907.041, [5] which set forth criteria for bail determinations and pretrial release....

...rts a finding that no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial. § 907.041(4), Fla. Stat. (2000) (emphasis added). Second, the Legislature amended section 903.046 to read as follows in relevant part: (2) When determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court shall consider: . . . . (j) Whether there is probable cause to believe that the defendant committed a new crime while on pretrial release. § 903.046, Fla....

...ctions between that statute and section 903.0471. First, section 907.041(4)(c) links the "substantial probability" standard to the "defendant's past and present patterns of behavior," and requires evaluation of the criteria for bail determination in section 903.046, which include the likelihood of appearance in future proceedings and unreasonable danger to the community....

...(f) The source of funds used to post bail. (g) Whether the defendant is already on release pending resolution of another criminal proceeding or on probation, parole, or other release pending completion of a sentence. (h) Any other facts the court considers relevant. § 903.046, Fla....

...4th DCA 2000) (Gross, J., dissenting). The Thomas dissent contended that the revocation of a preexisting bond did not have to comply with the pretrial detention statute, and that, instead, such a revocation properly traveled under the more general provisions of sections 903.046 and 903.047, Florida Statutes (1999), and Florida Rule of Criminal Procedure 3.131....

...sing pretrial detention. Chapter 2000-178, Laws of Florida The Governor approved Chapter 2000-178 on June 2, 2000. The statute amends and adds to the bond and pretrial release statutes to address the situation that arose in Paul. [2] One addition to section 903.046(2) was subsection (j) which provides: (2) When determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court shall consider: * * * (j)Whether there is probable cause to believe that the defendant committed a new crime while on pretrial release....

...commission of new crimes. The statutes creates subsection 907.041(4)(b)7, which provides: (b) The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria in s. 903.046, and any other relevant facts, that any of the following circumstances exists: * * * 7....

...Nebbia, 357 F.2d 303 (2d Cir.1966) (This case stands for the proposition that a court can require a criminal defendant to establish, prior to posting bond, that the money and/or property used to pay the same were not derived from illicit activities). See also § 903.046, Fla....

...The assistant state attorney asked that bond be set at $100,000. The trial court thereupon set bond at $100,000 without further comment. The evidence at this hearing was insufficient as to any of the criteria for bond determinations as set forth in section 903.046, Florida Statutes (1997), and Rule 3.131(b)(3), Florida Rules of Criminal Procedure, except for the nature of the offense charged....

...and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions." The key phrase is reasonable conditions. Section 903.046 of the Florida Statutes provides a broad, non-exclusive list of factors that the legislature instructs the court "shall consider" in determining the conditions of bail....

...ny other legal authority. I agree that trial judges have discretion to set conditions to a defendant's pre-trial release, provided those conditions ensure the defendant's appearance in future proceedings and reduce the risk of harm to the community. Section 903.046, Florida Statutes (2004) entitled "[p]urpose of and criteria for bail determination," lists those two as the only purposes for bail determination in criminal proceedings: (1) "to ensure the appearance of the criminal defendant at subs...

...After this decision, bail conditions will be restricted only by the trial court's imagination. Thus, a judge could order a defendant to volunteer his services at a local charity, attend Alcoholic Anonymous meetings, take an Anger Control course, or even submit to lie detector tests. The fact that section 903.046(2)(k) authorizes the trial court to consider "[a]ny other facts that the court considers relevant," does not expand the clear and specific purposes delineated in section 90.046(1)....

...He argued that the state did not file a motion for preventive detention pursuant to section 907.041, Florida Statutes, nor did the trial judge make any factual findings necessary for such detention. Likewise, the trial court did not fairly weigh the factors set forth in section 903.046 to justify raising the bail....

...First, respondent showed that the matter of bail is generally left to the discretion of the trial court. State ex rel. Smith v. Untreiner, 246 So.2d 158 (Fla. 1st DCA), cert. denied, 250 So.2d 643 (Fla. 1971). Respondent also argued that the actions of the circuit judge were in accord with section 903.046(2)(h), Florida Statutes....

...See, e.g., Kelsey; Rawls v. State, 540 So.2d 946 (Fla. 5th DCA 1989); Good v. Wille, 382 So.2d 408 (Fla. 4th DCA 1980); State ex rel. Bardina v. Sandstrom, 321 So.2d 630 (Fla. 3d DCA 1975); State ex rel. Crabb v. Carson, 189 So.2d 376 (Fla. 1st DCA 1966). Section 903.046(2)(h) provides that in determining whether to grant pre-trial release and, if so, the conditions of that release, the trial court shall consider: The street value of any drug or controlled substance connected to or involved in the criminal charge....

...Thus, there would be no profits from this particular transaction which petitioner might have used to post bond nor did the state make any allegations or show that Sikes had previously bought or sold drugs. We find that the facts before the circuit court, without more, would not support an increase in bail pursuant to section 903.046(2)(h)....

...The assistant state attorney informed the trial court that the standard bond was $190,200 then added: I submit that the standard bond is inadequate given the number of deaths in this case. I can provide the Court with no authority. I do agree they are bondable offenses, but that is the State's position. Section 903.046, Florida Statute (1995) recites the purpose and criteria for bail determinations....

...Such factors include an accused's financial resources, family ties, employment history, length and stability of his residence in the community, past criminal convictions, and record of appearing or failing to appear at prior court proceedings. See § 903.046, Fla....

...In addition to a defendant's financial resources, a trial court must consider a host of other factors in determining whether to release the defendant on bail or other conditions, and if so, what bail or other conditions are appropriate. See Fla. R.Crim. P. 3.131; § 903.046, Fla....

...ce of the funds in order to insure that the defendant will return to court. Petitioner argues Nebbia is not applicable in Florida and that the order should be quashed, so that he can post a bond without inquiry and be released. We deny the petition. Section 903.046(2), Florida Statutes (2007) and Florida Rule of Criminal Procedure 3.131(b) authorize the court to inquire into "the source of funds used to post bail," as well as into any other facts, to insure defendant's appearance....

...Having said all of the above, assuming, then, on rehearing that none of the foregoing statutory criteria are met to justify pretrial detention, in setting bail or other conditions of release the trial court will be required to consider the criteria listed in section 903.046(2), Florida Statutes (1983)....

...(2011) (stating that the "[p]rocedures for pretrial release determinations shall be governed by rules adopted by the Supreme Court"). [2] Although it is proper to consider the strength or weakness of the evidence against the defendant in setting bail, that is only one of many factors that have a bearing on the decision. Section 903.046, Florida Statutes (2011) contains a comprehensive list of the factors a judge should consider when admitting a defendant to bail or setting the amount of bail....

...ami area. Moreover, evidence was presented that Petitioner has operated a gym for nine years and that Petitioner and his wife operate a financially stable travel agency. The trial court, however, ultimately denied Petitioner's motion to reduce bond. Section 903.046, Florida Statutes (1993), provides that the purpose of bail is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against danger....

...Among these are the nature of the offense and applicable penalty, family ties, length of residence in the community, employment history, financial resources, the defendant's prior criminal record, *64 risk of flight, danger to the community and street value of any drugs involved. § 903.046, Fla....

...In addition to the evidence surrounding petitioner's arrest, as related in the majority opinion, there was considerable evidence tying petitioner to the 935 pounds of cannabis found on the island where petitioner and his boat were discovered. The legislative purpose expressed in section 903.046(2)(h), Florida Statutes (1993) vis-a-vis drug crimes, and the street value of controlled substances alleged to be involved in a pending charge, as factors bearing on a trial court's determination of bail, suggest the order in this case was not an abuse of discretion....

...While the trial court, in setting bond, may consider all of the factors set forth in rule 3.131(b)(3), the primary starting point is the nature of the offense charged. This is especially true in drug cases, which the legislature has singled out as being appropriate for high bonds. See § 903.046(2)(h), Fla....

...contending that the trial court would not allow them to address certain factors set forth in rule 3.131(b)(3). When challenged by trial counsel at the first appearance hearing in regard to the court's obligation to consider the factors set forth in section 903.046(2), [3] which counsel contended was required by the Fourth District's decision in Hollander, the court responded, "I do [consider them]." However, instead of allowing the petitioners to testify accordingly under oath, the court direct...

...ven if defendants might be better served by a later hearing. Accordingly, the petition is granted. WHATLEY and SILBERMAN, JJ., Concur. NOTES [1] Both petitioners appeared on the same day and were represented by the Office of the Public Defender. [2] Section 903.046(2)(h) states: It is the finding and intent of the Legislature that crimes involving drugs and other controlled substances are of serious social concern, that the flight of defendants to avoid prosecution is of similar serious social c...

...l in relation to the street value of the drugs or controlled substances involved. [3] The factors to be considered in determining whether to release a defendant on bail or other conditions that are set forth in rule 3.131(b)(3) are also contained in section 903.046(2), except that the rule also allows the trial court to consider the defendant's "need for substance abuse evaluation and/or treatment." While the rule states that the trial court "may" consider the various factors, the statute states...

...and, if so, what conditions should be imposed pending his final VOP trial. Therefore, the trial court necessarily would have been concerned with whether the State had a prima facie case in order to determine whether Roussonicolos was a flight risk. § 903.046(2)(b), Fla....

...Florida Rule of Criminal Procedure 3.132 establishes the procedures for handling the state's motion for pretrial detention. A separate statutory and rule framework apply to the situation where a defendant violates a condition of an existing bond by committing criminal acts. Sections 903.046-903.047, Florida Statutes (1999), have been ignored by this court. Unlike the more narrow focus of section 907.041, sections 903.046-903.047 broadly define the powers of the court in all bail/pretrial release situations....

...As set forth in the statute, [t]he purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant. § 903.046(1), Fla....

...ty of any kind." As Judge Cope has written, revocation of bond has always been within the inherent power of a court where a defendant willfully violates a condition of release or engages in further criminal conduct. See Houser, 719 So.2d at 308-309. Section 903.046 was passed in the same legislative session as section 907.041. Section 903.046 was enacted in section 41 of Chapter 82-175, Laws of Florida, an omnibus statute "relating to bail and bail bondsmen." That statute was approved by the Governor on April 20 and filed with the Secretary of State on April 21, 1982. Section 907.041 was created by Chapter 82-398, Laws of Florida; it was approved by the Governor on June 29 and filed with *323 the Secretary of State on June 30, 1982. [2] Section 903.046, the broader statute, should be read to apply to those situations falling outside of the more narrow statute, section 907.041....

...s presence at trial, and insuring the integrity of the judicial process. 4 *1223 When assessing whether there is a substantial probability of one of the seven circumstances, the court may consider the defendant’s behavior patterns, the criteria in section 903.046, Florida Statutes, and any other relevant facts. § 907.041(4)(e). Section 903.046 lists required considerations applicable to bail determinations generally. Among them is “[t]he weight of the evidence against the defendant.” § 903.046(2)(b), Fla....

...the presumption is great. Art. I, § 14, Fla. Const. (1968). . Section 907.04 l(4)(c) states: The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria in s. 903.046, and any other relevant facts, that any of the following circumstances exists: 1....

injunction for protection of vulnerable adult); § 903.046, Fla. Stat. (sexual offender); § 947.141, Fla

...Palmer, Assistant Attorney General, West Palm Beach, for respondents. PER CURIAM. Eddy Vailbailon asks this court to grant an emergency writ of habeas corpus after the trial court denied bond without considering the applicable standards. See Fla. R.Crim. P. 3.131(b)(3), 3.132; § 903.046, Fla....

...4th DCA 1998); Mesidor v. Neumann, 721 So.2d 810 (Fla. 4th DCA 1998). The trial court shall hold a new bond *122 hearing as soon as practicable and consider all the relevant factors in setting a reasonable bond on this count. Fla. R.Crim. P. 3.131; § 903.046, Fla....

...failure to appear at court proceedings, nature and probability of danger that release poses to the community, source of funds to post bond, whether petitioner was on release or probation or parole, and other factors. See Fla. R.Crim. P. 3.131(b)(3); § 903.046, Fla....

...This is not contemplated by the law. Accordingly, we grant this petition and remand for a new bond hearing as soon as practicable at which the court shall consider all relevant factors in setting a reasonable bond in this case. Fla. R.Crim. P. 3.131; § 903.046, Fla....

...bail set by the court should be reasonable. But the court is also empowered to consider any conditions—and reasonable bail is but one—to ensure a defendant's appearance in court and to protect the community from an unreasonable risk of danger. See § 903.046(1), Fla....

...amount to no bail." [e.s.] This defendant argues there is no evidence from which the court could have found that he would be able to post *1275 bail in the amount of $26,000. Therefore under Good, he contends, the amount is facially unreasonable. As section 903.046(1) makes clear, ensuring the presence of a defendant is one of the twin considerations of pretrial release; the other is to protect the community from dangerous offenders....

...al release are appropriate). On remand, the court may hear additional evidence in support of the reasonableness of this bond including evidence regarding the statutory factors for setting conditions for pretrial release. Fla. R.Crim. P. 3.131(b)(3); § 903.046, Fla....

...Passive, might be passive attitude or doing nothing about it at all could also perhaps make ... I don't know. I have to deny the motion to reduce the bond, to do anything else would certainly be a disservice to the State at this particular time. It will get unraveled. Section 903.046, Florida Statutes (1987) provides that the purpose of bail is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant....

...enying the motion for reduction of bond, *903 and remand this case to the trial court for a new hearing and proper determination on the motion to reduce bond, specifically considering the motion in light of the standards enunciated in Good v. Wille, section 903.046, Florida Statutes (1987), and Florida Rule of Criminal Procedure 3.131....

...t consider the nature and circumstances of the offense charged, the weight of evidence against the defendant, the defendant’s family ties, length of residence in the community, employment history, financial resources, and past and present conduct. § 903.046(2), Fla....

...(2012); see also Fla. R. Crim. P. 3.131(b)(3); Williams v. State, 855 So.2d 1206, 1207 (Fla. 5th DCA 2003). The court may also consider the source of funds used to post bail and any other facts the court considers relevant. See Fla. R. Crim. P. 3.131(b)(3); see also § 903.046(2)(f) and (k), Fla....

injunction for protection of vulnerable adult); § 903.046, Fla. Stat. (sexual offender); § 947.141, Fla

...Nebbia, 357 F.2d 303 (2d Cir. 1966) (This case stands for the proposition that a court can require a criminal defendant to establish, prior to posting bond, that the money and/or property used to pay the same were not derived from illicit activities). See also § 903.046, Fla....

...aggravated battery on a law enforcement officer, and kidnapping.” 972 So. 2d at 961. While incarcerated, the defendant sought a writ of habeas corpus from an order granting the state’s motion for a Nebbia hearing. The majority denied the petition and held that: Section 903.046(2), Florida Statutes (2007) and Florida Rule of Criminal Procedure 3.131(b) authorize the court to inquire into “the source of funds used to post bail,” as well as into any other facts, to insure defendant's appearance....

...Rather, he remains incarcerated, apparently, because he is unable to post the bond set at the first appearance hearing, irrespective of the Nebbia hold.4 Based on the facts and the procedural posture of this case, we deny the petition. See § 903.046(2)(f), (h), Fla....

...3d DCA 2004). “The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.” § 903.046(1), Fla....

...e in the community, employment history, financial resources, past and present conduct, the nature and probability of danger which the defendant’s release poses to the community, and other factors, including any the court considers relevant. See § 903.046(2), Fla....

...3.131(b)(3). “The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the 7 community against unreasonable danger from the criminal defendant.” § 903.046(1), Fla....

...under the circumstances. Martin v. Jenne, 745 So.2d 412, 413 (Fla. 4th DCA 1999). Florida statutes and rules of criminal procedure set out factors that a court must consider when determining pretrial release conditions. Fla. R. Crim. P. 3.131(b)(3); § 903.046(2), Fla. Stat. (2012). The financial resources available to a defendant are one factor a court must consider. § 903.046(2)(c)....

...Here, the trial court heard evidence at the bond hearing that Byrd has substantial financial resources. However, the fact that a defendant may have the resources to post the bond, does not make the bond amount per se reasonable. Another, factor that the court considers is the weight of the evidence against the defendant. § 903.046(2)(b)....

...The record shows that the petitioner did not violate a court order or court decorum. In addition, the trial court did not make any findings that the petitioner was in any way impaired at the hearing. Simply put, there was no probable cause to take the petitioner into custody. See § 903.046, Fla....

...Although the defendant does not dispute, and we do not find, that the trial court erred by revoking his bond when he failed to appear for a pretrial sounding after receiving both oral and written notice, he contends he is entitled to a full hearing and findings by the trial court pursuant to sections 907.041 and 903.046, Florida Statutes (2014), before pretrial detention may be required based on the motion he filed under Florida Rule of Criminal Procedure 3.131(d)....

...’s discretion is limited by Florida statutes. Section 907.041(4)(c)(7) provides that: (c) The court may order pretrial detention if it finds a substantial probability, based on a defendant’s past and present patterns of behavior, the criteria in s. 903.046, and any other relevant facts, that any of the following circumstances exist: [[Image here]] 7....

...rt and the violation, in the discretion of the court, supports a finding that no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial[.] Among the criteria in section 903.046 that the trial court may consider is “[t]he defendant’s past and present conduct, including ... failure to appear at court proceedings.” § 903.046(2)(d)....

...; the defendant’s family ties, length of residence in the community, employment history, financial resources, and mental condition; the defendant’s past criminal convictions, and record of appearing or failing to appear at court proceedings. See § 903.046, Fla....

...the integrity of the judicial process. "This sentiment also resonates in Florida Rule of Criminal Procedure 3.131[(a)] . . . ." State v. Blair, 39 So. 3d 1190, 1192 (Fla. 2010). That rule, along with statutory sections 907.041 and 903.046, Florida Statutes (2016), effectuate the constitutional right by establishing procedures and criteria for prescribing reasonable conditions of pretrial release. Under rule 3.131, the conditions are to be devised by the first appearance court. See Fla. R. Crim. P. 3.131(a). One of the factors the court may consider in setting conditions is "the source of funds used to post bail." See § 903.046(2)(f); Fla....

...Robinson then moved to reduce his bond. Following a hearing, the trial court denied the motion, finding that the bail amount was reasonable under the circumstances. In so ruling, the trial court failed to take into account the statutory factors contained in section 903.046, Florida Statutes (2012)....

...Pursuant to section 941.16, bail is intended to set conditions which will ensure that the prisoner will surrender in Florida should the Governor issue the warrant for extradition. This is consistent with the general purpose of bail, which is to ensure the defendant’s appearance at subsequent proceedings in this state. See § 903.046(1), Fla....

...titute a financial obligation owing to the sheriff within the scope of s. 215.322 (4), F.S. (1988 Supp.), for which a credit card may be accepted in payment. Sincerely, Robert A. Butterworth Attorney General (gh) 1 Section 14, Art. I, State Const. 2 Section 903.046 (1), F.S....

...d upon default and accused is entitled to a return of deposit where there has been a decision in his favor as where he is discharged, where he surrenders himself, or where he has been illegally arrested or the deposit has been illegally accepted.) 4 Section 903.046 (1), F.S....

...o surrender as anticipated. See Fla. R.Crim. P. 3.131(c). When ruling on petitioner’s motion for bail after recommitment, the trial court did not consider the requisite factors as set forth in rule 3.131(b), as required by subsection (h). See also § 903.046, Fla....

7 Rule 3.131(b)(1), Fla.R.Crim.P. 8 Id. 9 Section 903.046(2), F.S. 10 Section 903.047, F.S. 11 Id.

due consideration to the factors set out in section 903.046, Florida Statutes (2018). The parties may be

...Upon review of the evidence presented, the trial court determined that Williams was entitled to have bail set. However, the court set bail at $1 million after stating that it was not required to take Williams' financial resources into consideration. [2] Section 903.046 of the Florida Statutes (2002) sets forth the factors which the trial court must consider when setting bail. Such factors include "the defendant's family ties; length of residence in the community; employment history; financial resources, and mental condition." See § 903.046(2)(c), Fla....

...State, 916 So. 2d 946 (Fla. 3d DCA 2005), mandate that in order to make a bond determination and exercise its discretion, the trial court must take evidence and make findings on the statutory factors for setting conditions for pretrial release. See § 903.046, Fla....

an excessive amount and should be reduced. See § 903.046, Fla. Stat. (1991); Fla.R.Crim.P. 3.131(b)(1)(E);

...Our review of the record provided reveals that Sparkman's finances were not considered when the $100,000.00 bond amount was set following this court's 2005 reversal. Martin, 745 So.2d at 412. Similarly, there was no consideration of the other factors as set forth in Florida Statute section 903.046(2)....

...Mascara, 981 So.2d 671 (Fla. 4th DCA 2008). On remand, the court may hear evidence in support of the reasonableness of this bond including evidence regarding the statutory factors for setting conditions for pretrial release. See Fla.R.Crim.P. 3.131(b)(3); § 903.046, Fla....

...crimes” in section 907.041(4)(a), Florida Statutes (2003). The crimes with which the defendant is charged are not within those enumerated. Thus, reliance on this provision is misplaced. While the trial court properly reviewed the relevant criteria set forth in section 903.046, Florida Statutes (2003), there is no provision under section 907.041 under which the charged crimes qualify for pretrial detention....

suggestion that “s. 903.046” be replaced with “section 903.046, Florida Statutes” for clarity and replace

...However, the template seeks some information which is unnecessary or improper for consideration in connection with a motion to reduce bail. While no specific information is required to be included in a motion to reduce bail, the factors set forth in rule 3.131(b)(3)-(6) of the Florida Rules of Criminal Procedure and section 903.046(2) of the Florida Statutes (2017) are helpful in placing the State and the trial court on notice of the factors on which the defendant intends to rely....

...Even the defendant has conceded the viability of this requirement for one who has been "released from custody” without conditions. .Of course, in determining the amount of bail or other conditions of release for the new arrest, the court may consider the defendant’s pending charge in the instant case. See § 903.046(2)(g), Fla....

...da law in Parrino v. Bradshaw, 972 So. 2d 960, 961 (Fla. 4th DCA 2007). It concluded that a first appearance court could consider the State’s motion for a hearing regarding the source of the funds used by a defendant to post bail. Id.; see also § 903.046(2)(f), Fla. Stat....

...Absent such proof, we must vacate the pretrial detention order. See Paul v. Jenne, 728 So.2d 1167 (Fla. 4th DCA 1999); Metzger v. Cochran, 694 So.2d 842 (Fla. 4th DCA 1997). However, the trial court’s findings support further proceedings pursuant to rule 3.131(a), Florida Rules of Criminal Procedure and section 903.046, Florida Statutes (1997) to determine petitioner’s entitlement to pretrial release....

...No other evidence, or even argument, concerning the circumstances of the alleged crime is contained in the record. Once the trial court determines that bail is appropriate, the bail set must be reasonable, taking into account the factors contained in section 903.046, Florida Statutes....

...problematic. State v. Norri.s, 768 So.2d 1070 (Fla.2000); Mata v. Lwmberti, 993 So.2d 642 (Fla. 4th DCA 2008). Rather, as the state concedes, the trial court failed to consider the appropriate pretrial release factors. See Fla.R.Crim.P. 3.131(b)(3); § 903.046, Fla....

....” 981 So.2d at 672 . Accordingly, we grant the petition. On remand, the trial court may consider additional evidence regarding the bond, its amount, and any appropriate conditions associated with pretrial release. See Fla. R.Crim. P. 3.131(b)(3); § 903.046, Fla....

Section 903.34, F.S. 7 Section 839.23, F.S. 8 Section 903.046(1), F.S. 9 See, s. 903.046(2), F.S., and Fla

...Defendant fails to show any error in the trial court imposing the bond source condition. Defendant filed a motion to modify bond and had constructive notice that the court would consider all the statutory pretrial release factors if his motion was granted. See § 903.046(2), Fla. Stat. (2018) (setting out factors that the court shall consider when determining pretrial release conditions). Section 903.046(2)(f) requires a court setting pretrial release conditions to consider: The source of funds used to post bail or procure an appearance bond, particularly whether the proffered funds, real property, property, or any...

...Constitution. “The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.” § 903.046(1), Fla....

...If a defendant can use the proceeds of unlawful activity to post bail and immediately obtain release before an inquiry into the source of funds can be conducted, then the purpose of bond and the legislative intent in the bond statute would be frustrated. See § 903.046(2)(h), Fla....

...At no time was the petitioner charged with violating a court order or court decorum. There are no findings that the petitioner was in any way impaired at the hearing or that the petitioner failed to comply with the conditions of the bail bond contract. There was no probable cause to take the petitioner into custody. See § 903.046, Fla....

...Section 907.041(4)(c)(7) provides that: (c) The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria in s. 903.046, and any other relevant facts, that any of the following circumstances exist: .... 7....

...4  release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial[.] Among the criteria in section 903.046 that the trial court may consider is "[t]he defendant's past and present conduct, including . . . failure to appear at court proceedings." § 903.046(2)(d). 133 So....

...3d DCA 2014) (alterations in original). In Bratton, the defendant’s bond was revoked for failing to appear for a pretrial sounding after receiving notice. Id. at 1159. The defendant contended he was “entitled to a full hearing and findings by the trial court pursuant to sections 907.041 and 903.046, Florida Statutes (2014)[.]” Id....

judicial process. See § 907.041(3)(a), Fla. Stat.; § 903.046(2)(a)–(m), Fla. Stat. (listing factors); § 903

...ident and the presumption great. The following day, the State filed a “motion for pretrial detention” under Rule 3.132 and section 907.041, Florida Statutes (2014), alleging a factual basis for pretrial detention under the criteria enumerated in section 903.046, Florida Statutes (2014)....

...ense. Neither the State nor the trial judge questioned this assertion, and no request was made to deny bond. Testimony and evidence were then taken regarding the factors set forth in Florida Rule of Criminal Procedure 3.131(b)(3) and Florida Statute Section 903.046(2)....

...3d DCA Nov. 3, 2021). As pertinent here, among those statutory factors the trial court is required to consider are: “[t]he defendant’s family ties, length of residence in the community, employment history, financial resources, and mental condition.” § 903.046(2)(c), Fla....

...rial discovery. § 903.047, Fla. Stat. (2002). The purpose of a bail bond or recognizance bond is to insure the presence of the defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant. § 903.046, Fla....

...e judicial process."). In this case, adding the Nebbia analysis to the presumption of the right to pretrial release does not alter the outcome. Pursuant to Nebbia and its progeny, where a defendant posts bail or an appearance bond in cash, section 903.046(2), Florida Statutes (2024), authorizes the court to inquire into “the source of funds used to post bail” to ensure defendant's appearance. Specifically, section 903.046(2)(f) provides, When determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court shall consider: .... (f) The source of funds...

...1st DCA 2014). -3-  The legislative "purpose of a bail determination in criminal proceeding is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant." § 903.046(1), Fla....

...nces, the nature and probability of intimidation and danger to the victims, probable cause to believe new crimes have occurred while on pretrial, and any other facts that the Court considers to be relevant, Judge Howard ruled, pursuant to Fla. Stat. § 903.046 , that the Petitioners’ Motion for Bond was denied. 6. The findings made by Judge Howard at the hearing on March 15, 2005, comply with the provisions of Fla. Stat. § 903.046 ....

...Thus we can review the actions of the lower court in refusing to grant the Dollars a bond, which has resulted in their alleged illegal detention. Clearly the Dollars are not entitled to habeas relief. In deciding to deny bond, the trial court took into account the statutory factors set forth in section 903.046, which governs bail bond determinations....

Hinckley, 473 So.2d 809 (Fla. 4th DCA1985); § 903.-046, Fla.Stat. (1991); Fla.R.Crim.P. 3.131(a). Accordingly

...defendant committed a capital felony, a life felony, or a first- degree felony, listed as a dangerous crime in section 907.041, Florida Statutes, and based on the defendant’s past and present patterns of behavior, consideration of the criteria in section 903.046, Florida Statutes, and any other relevant facts, that no conditions of release or bail will reasonably protect the community from risk of physical harm, ensure the presence of the defendant at trial, or assure the integrity of the judicial process. (m) Reconsideration....

...The trial judge refused to reset the arraignment for the following day. Then, with no notice to the State, motion by defense counsel, or consideration of any of the factors that the court is required to consider when determining whether to release a defendant on bail or other conditions, see § 903.046, Fla....

...Home invasion robbery; 20. Act of terrorism as defined in s. 775.30; 21. Manufacturing any substance in violation of chapter 893; and 22. Attempting or conspiring to commit any such crime. 16  Section 903.046, Florida Statutes (2016), reiterates that “[t]he purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.” § 903.046(1). Further, section 903.046(2) provides: (“[W]hen determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court shall consider:) (a) The nature and circumstances of the offense charge...

...Florida Rule of Criminal Procedure 3.134 only allows for automatic release for a defendant on the thirty-third day if formal charges have not been filed and after notice to the State on the thirtieth day that such release shall take place on the thirty-third day unless good cause can be shown by the State. Section 903.046 also requires that when considering whether to release a defendant on bail or other conditions, the court shall consider a lengthy statutory list of circumstances bearing on the weight of the evidence against the defendant, the risk...

...completed its investigation and that the charges would be filed on the twenty-first day; the State filed the charges approximately one hour later; and the trial judge did not consider any of the factors the court is required to consider pursuant to section 903.046....

...Dixon, we grant the petition for writ of certiorari, quash the January 9, 2017 order denying pre-trial detention, and remand for reassignment of Matienzo’s cases to another judge. Because we are confident that upon the trial judge’s consideration of this opinion, the trial judge will comply with sections 903.046, and 907.041, and rules 3.131 and 3.134, we deny the petition seeking a writ to prohibit the trial judge from imposing his previously stated policy in future cases. CONCLUSION 3 Based on our ruling on th...

...defendant committed a capital felony, a life felony, or a first- degree felony, listed as a dangerous crime in section 907.041, Florida Statutes, and based on the defendant’s past and present patterns of behavior, consideration of the criteria in section 903.046, Florida Statutes, and any other relevant facts, that no conditions of release or bail will reasonably protect the community from risk of physical harm, ensure the presence of the defendant at trial, or assure the integrity of the judicial process. (m) Reconsideration....

with the purposes of bad and its criteria. See § 903.046(1), Fla.Stat. (1995); Fla.R.Crim.P. 3.131(b)(3)

...Accordingly, we grant the petition for writ of habeas corpus, quash the order denying the motion for reduction of bond, and remand this case to the trial court with directions to hold a new hearing on the motion to reduce bond, with full consideration of those factors set forth in Good v. Wille, section 903.046, Florida Statutes (2006), and Florida Rule of Criminal Procedure 3.131....

...The defendant, Ronnie Bynum, petitions for a writ of habeas corpus to remedy his illegal pretrial incarceration with no bond. We grant the petition for writ of habeas corpus and remand to the trial court to set a reasonable bond taking into consideration the criteria as set forth in section 903.046, Florida Statutes (2005)....

...ond in this instance. The Miami-Dade County Corrections and Rehabilitation Department shall deliver the defendant to the trial court within 24 hours and the trial court is directed to set a reasonable bond after considering the criteria contained in section 903.046, Florida Statutes and any other factors to insure the defendant’s appearance before the court, the safety of the community, and the orderly administration of justice....