Florida Statute 907.41 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 907
PROCEDURE AFTER ARREST

View Entire Chapter

F.S. 907.041

907.041 Pretrial detention and release.—

(1) LEGISLATIVE INTENT.—It is the policy of this state that persons committing serious criminal offenses, posing a threat to the safety of the community or the integrity of the judicial process, failing to appear at trial, or posing a substantial flight risk because of their status as unauthorized aliens be detained upon arrest. However, persons found to meet specified criteria shall be released under certain conditions until proceedings are concluded and adjudication has been determined. The Legislature finds that this policy of pretrial detention and release will assure the detention of those persons posing a threat to society while reducing the costs for incarceration by releasing, until trial, those persons not considered a danger to the community who meet certain criteria. It is the intent of the Legislature that the primary consideration be the protection of the community from risk of physical harm to persons.

(2) RULES OF PROCEDURE.—Procedures for pretrial release determinations shall be governed by rules adopted by the Supreme Court.

(3) RELEASE ON NONMONETARY CONDITIONS.—

(a) It is the intent of the Legislature to create a presumption in favor of release on nonmonetary conditions for any person who is granted pretrial release unless such person is charged with a dangerous crime as defined in subsection (5) or such person is an unauthorized alien charged with a forcible felony as described in subsection (6). A person charged with a dangerous crime as defined in subsection (5) shall be released on monetary conditions if it is determined that such monetary conditions are necessary to assure the presence of the person at trial or at other proceedings, to protect the community from risk of physical harm to persons, to assure the presence of the accused at trial, or to assure the integrity of the judicial process.

(b) No person shall be released on nonmonetary conditions under the supervision of a pretrial release service, unless the service certifies to the court that it has investigated or otherwise verified:

1. The circumstances of the accused’s family, employment, financial resources, character, mental condition, immigration status, and length of residence in the community;

2. The accused’s record of convictions, of appearances at court proceedings, of flight to avoid prosecution, or of failure to appear at court proceedings; and

3. Other facts necessary to assist the court in its determination of the indigency of the accused and whether she or he should be released under the supervision of the service.

(4) SPECIAL CONDITIONS FOR CERTAIN OFFENSES INVOLVING SCHOOLS OR STUDENTS.—

(a) As used in this subsection, the term “school” means the grounds or facility of any early learning, prekindergarten, kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or private.

(b) When a person is charged with a crime under s. 790.115, s. 790.161, s. 790.1615, s. 790.162, s. 790.163, s. 790.164, s. 790.165, s. 790.166, s. 810.095, or s. 836.10, alleged to have been committed at or against a school or against a student while he or she is at school, the court must consider whether conditions of electronic monitoring and a prohibition from being within 1,000 feet of any school are appropriate to protect the community from risk of physical harm to persons.

(5) PRETRIAL DETENTION.—

(a) As used in this subsection, “dangerous crime” means any of the following:

1. Arson;

2. Aggravated assault;

3. Aggravated battery;

4. Illegal use of explosives;

5. Child abuse or aggravated child abuse;

6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;

7. Aircraft piracy;

8. Kidnapping;

9. Homicide;

10. Manslaughter, including DUI manslaughter and BUI manslaughter;

11. Sexual battery;

12. Robbery;

13. Carjacking;

14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;

15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;

16. Burglary of a dwelling;

17. Stalking and aggravated stalking;

18. Act of domestic violence as defined in s. 741.28;

19. Home invasion robbery;

20. Act of terrorism as defined in s. 775.30;

21. Manufacturing any substances in violation of chapter 893;

22. Attempting or conspiring to commit any such crime;

23. Human trafficking;

24. Trafficking in any controlled substance described in s. 893.135(1)(c)4.;

25. Extortion in violation of s. 836.05; and

26. Written threats to kill in violation of s. 836.10.

(b) A person arrested for a dangerous crime may not be granted nonmonetary pretrial release at a first appearance hearing if the court has determined there is probable cause to believe the person has committed the offense.

(c) Upon motion by the state attorney, 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:

1. The defendant has previously violated conditions of release and that no further conditions of release are reasonably likely to assure the defendant’s appearance at subsequent proceedings;

2. The defendant, with the intent to obstruct the judicial process, has threatened, intimidated, or injured any victim, potential witness, juror, or judicial officer, or has attempted or conspired to do so, and that no condition of release will reasonably prevent the obstruction of the judicial process;

3. The defendant is charged with trafficking in controlled substances as defined by s. 893.135, that there is a substantial probability that the defendant has committed the offense, and that no conditions of release will reasonably assure the defendant’s appearance at subsequent criminal proceedings;

4. The defendant is charged with DUI manslaughter, as defined by s. 316.193, and that there is a substantial probability that the defendant committed the crime and that the defendant poses a threat of harm to the community; conditions that would support a finding by the court pursuant to this subparagraph that the defendant poses a threat of harm to the community include, but are not limited to, any of the following:

a. The defendant has previously been convicted of any crime under s. 316.193, or of any crime in any other state or territory of the United States that is substantially similar to any crime under s. 316.193;

b. The defendant was driving with a suspended driver license when the charged crime was committed; or

c. The defendant has previously been found guilty of, or has had adjudication of guilt withheld for, driving while the defendant’s driver license was suspended or revoked in violation of s. 322.34;

5. The defendant poses the threat of harm to the community. The court may so conclude, if it finds that the defendant is presently charged with a dangerous crime, that there is a substantial probability that the defendant committed such crime, that the factual circumstances of the crime indicate a disregard for the safety of the community, and that there are no conditions of release reasonably sufficient to protect the community from the risk of physical harm to persons;

6. The defendant was on probation, parole, or other release pending completion of sentence or on pretrial release for a dangerous crime at the time the current offense was committed;

7. The defendant has violated one or more conditions of pretrial release or bond for the offense currently before the court 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; or

8.a. The defendant has ever been sentenced pursuant to s. 775.082(9) or s. 775.084 as a prison releasee reoffender, habitual violent felony offender, three-time violent felony offender, or violent career criminal, or the state attorney files a notice seeking that the defendant be sentenced pursuant to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, habitual violent felony offender, three-time violent felony offender, or violent career criminal;

b. There is a substantial probability that the defendant committed the offense; and

c. There are no conditions of release that can reasonably protect the community from risk of physical harm or ensure the presence of the accused at trial.

(d) If a defendant is arrested for a dangerous crime that is a capital felony, a life felony, or a felony of the first degree, and the court determines there is probable cause to believe the defendant committed the offense, the state attorney, or the court on its own motion, shall motion for pretrial detention. If the court finds a substantial probability that the defendant committed the offense and, based on the defendant’s past and present patterns of behavior, consideration of the criteria in s. 903.046, 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, the court must order pretrial detention.

(e) When a person charged with a crime for which pretrial detention could be ordered is arrested, the arresting agency shall promptly notify the state attorney of the arrest and shall provide the state attorney with such information as the arresting agency has obtained relative to:

1. The nature and circumstances of the offense charged;

2. The nature of any physical evidence seized and the contents of any statements obtained from the defendant or any witness;

3. The defendant’s family ties, residence, employment, immigration status, financial condition, and mental condition; and

4. The defendant’s past conduct and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings.

(f) When a person charged with a crime for which pretrial detention could be ordered is arrested, the arresting agency may detain such defendant, prior to his or her first appearance hearing or prior to the filing by the state attorney of a motion seeking pretrial detention, for a period not to exceed 24 hours.

(g)1. If a motion for pretrial detention is required under paragraph (d), the pretrial detention hearing must be held within 5 days after the defendant’s first appearance hearing or, if there is no first appearance hearing, within 5 days after the defendant’s arraignment.

2. If a state attorney files a motion for pretrial detention under paragraph (c), the pretrial detention hearing must be held within 5 days after the filing of such motion.

3. The defendant may request a continuance of a pretrial detention hearing. No continuance shall be for longer than 5 days unless there are extenuating circumstances. The state attorney shall be entitled to one continuance for good cause.

4. The defendant may be detained pending the completion of the pretrial detention hearing. If a defendant is released on bail pending a pretrial detention hearing under paragraph (d), the court must inform the defendant that if he or she uses a surety bond to meet the monetary component of pretrial release and the motion for pretrial detention is subsequently granted, the defendant will not be entitled to the return of the premium on such surety bond.

(h) The state attorney has the burden of showing the need for pretrial detention.

(i) The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of evidence at the detention hearing. The court may base an order of pretrial detention under paragraph (d) solely on hearsay. Evidence secured in violation of the United States Constitution or the Constitution of the State of Florida shall not be admissible.

(j) The defendant is entitled to be represented by counsel, to present witnesses and evidence, and to cross-examine witnesses. No testimony by the defendant shall be admissible to prove guilt at any other judicial proceeding, but such testimony may be admitted in an action for perjury, based upon the defendant’s statements made at the pretrial detention hearing, or for impeachment.

(k) A party may motion for a pretrial detention order to be reconsidered at any time before a defendant’s trial if the judge finds that information exists that was not known to the party moving for reconsideration at the time of the pretrial detention hearing and that such information has a material bearing on determining whether there are conditions of release or bail that will reasonably assure the appearance of the defendant as required and the safety of any other person and the community from harm.

(l) The pretrial detention order of the court shall be based solely upon evidence produced at the hearing and shall contain findings of fact and conclusions of law to support it. The order shall be made either in writing or orally on the record. The court shall render its findings within 24 hours of the pretrial detention hearing.

(m) A defendant convicted at trial following the issuance of a pretrial detention order shall have credited to his or her sentence, if imprisonment is imposed, the time the defendant was held under the order, pursuant to s. 921.161.

(n) The defendant shall be entitled to dissolution of the pretrial detention order whenever the court finds that a subsequent event has eliminated the basis for detention.

(6)(a) As used in this subsection, the term:

1. “Forcible felony” has the same meaning as in s. 776.08.

2. “Unauthorized alien” has the same meaning as in s. 908.111.

(b) An unauthorized alien who is arrested for committing a forcible felony is not eligible for release until he or she appears for a first appearance hearing.

(c) If, at the first appearance hearing, the court determines there is probable cause to believe the defendant committed a forcible felony and further determines by a preponderance of the evidence that the defendant is an unauthorized alien, the court shall presume that the defendant presents a substantial flight risk and that no conditions of release will ensure his or her appearance at trial and shall order pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that appropriate conditions of release will ensure his or her appearance at trial. If the court determines the defendant has rebutted the presumption, it must consider the criteria in s. 903.046, and any other relevant facts, to determine whether to release the defendant on bail or other conditions.

(d) The defendant may request a continuance of his or her first appearance hearing conducted under this subsection. A continuance shall not be longer than 48 hours unless the court determines there are extenuating circumstances. The state attorney shall be entitled to one continuance for good cause. The defendant may not be released from custody pending any such continuance.

History.—ss. 1, 2, 3, 4, ch. 82-398; s. 48, ch. 84-103; s. 1, ch. 89-127; s. 2, ch. 89-281; s. 7, ch. 93-212; s. 12, ch. 95-195; s. 25, ch. 96-322; s. 1834, ch. 97-102; s. 106, ch. 99-3; s. 10, ch. 99-188; s. 2, ch. 2000-178; s. 2, ch. 2000-229; s. 24, ch. 2000-320; s. 2, ch. 2001-356; s. 1, ch. 2002-212; s. 16, ch. 2005-128; s. 4, ch. 2006-306; s. 2, ch. 2013-214; s. 7, ch. 2017-23; s. 12, ch. 2017-37; ss. 84, 128, ch. 2019-167; s. 4, ch. 2023-27; s. 1, ch. 2023-225; s. 1, ch. 2024-157; s. 14, ch. 2025-1.

F.S. 907.041 on Google Scholar

F.S. 907.041 on CourtListener

Amendments to 907.041

Annotations, Discussions, Cases:

Cases Citing Statute 907.041

Total Results: 149

Anderson v. State

692 So. 2d 250, 1997 WL 194125

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1524546

Cited 22 times | Published

4, 8, Laws of Fla. Effective July 1, 1995, section 907.041, Florida Statutes, was amended to add stalking

Richard DeLisle v. Crane Co.

258 So. 3d 1219

Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030090

Cited 18 times | Published

So.2d 1045 (Fla. 2005), we determined that section 907.041(4)(b), Florida Statutes (2000), providing that

State v. Blair

39 So. 3d 1190, 35 Fla. L. Weekly Supp. 311, 2010 Fla. LEXIS 858, 2010 WL 2195729

Supreme Court of Florida | Filed: Jun 3, 2010 | Docket: 2410867

Cited 15 times | Published

of release are appropriate as delineated in section 907.041, Florida Statutes (2008). We have jurisdiction

State v. Raymond

906 So. 2d 1045, 2005 WL 1529691

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 1723048

Cited 15 times | Published

the Third District Court of Appeal declaring section 907.041(4)(b), Florida Statutes (2000), invalid. We

Merdian v. Cochran

654 So. 2d 573, 20 Fla. L. Weekly Fed. D 898

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 1710314

Cited 14 times | Published

burden to prove the need of pretrial detention. Section 907.041(4)(f), Fla. Stat., which it must show beyond

Ketan Kumar v. Nirav C. Patel

227 So. 3d 557, 2017 WL 4296212

Supreme Court of Florida | Filed: Sep 28, 2017 | Docket: 6159897

Cited 13 times | Published

serious crime of violence against another. Cf. § 907.041(4)(c)5., Fla. Stat. (2017) (authorizing pretrial

State v. Paul

783 So. 2d 1042, 2001 WL 298960

Supreme Court of Florida | Filed: Mar 29, 2001 | Docket: 1675803

Cited 13 times | Published

parameters established by the Legislature in section 907.041, Florida Statutes (1997). We have jurisdiction

Valdez v. Moore

745 So. 2d 1009, 1999 WL 817181

District Court of Appeal of Florida | Filed: Sep 30, 1999 | Docket: 2489474

Cited 13 times | Published

Nor is our general pretrial release statute, section 907.041, applicable, for the same reason. We next address

Valdez v. Moore

745 So. 2d 1009, 1999 WL 817181

District Court of Appeal of Florida | Filed: Sep 30, 1999 | Docket: 2489474

Cited 13 times | Published

Nor is our general pretrial release statute, section 907.041, applicable, for the same reason. We next address

Parker v. State

843 So. 2d 871, 2003 WL 1563567

Supreme Court of Florida | Filed: Mar 27, 2003 | Docket: 1670376

Cited 12 times | Published

the issue was governed by the provisions of section 907.041.[6] This Court, in order to consider the issue

Metzger v. Cochran

694 So. 2d 842, 1997 WL 287564

District Court of Appeal of Florida | Filed: May 29, 1997 | Docket: 1732791

Cited 11 times | Published

trial court that none of the conditions of section 907.041(4)(b)4.a-c, Florida Statutes (Supp.1996), applied

Ho v. State

929 So. 2d 1155, 2006 WL 1502626

District Court of Appeal of Florida | Filed: Jun 2, 2006 | Docket: 1392473

Cited 10 times | Published

him or her to pretrial detention pursuant to section 907.041, Florida Statutes (2005), and the defendant

Woods v. State

987 So. 2d 669, 2007 WL 2535257

District Court of Appeal of Florida | Filed: Sep 7, 2007 | Docket: 1723769

Cited 9 times | Published

judicial process, the accused may be detained. Section 907.041(4), Florida Statutes (2006), sets forth circumstances

Barns v. State

768 So. 2d 529, 2000 WL 1396323

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 526989

Cited 9 times | Published

comply with the pretrial detention statute, section 907.041, Florida Statutes (1999). On April 24, 2000

Elderbroom v. Knowles

621 So. 2d 518, 1993 WL 247146

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 1265570

Cited 9 times | Published

presumption is great. Art. I, § 14, Fla. Const.; § 907.041, Fla. Stat. (1991). Petitioner's offenses fall

Paul v. Jenne

728 So. 2d 1167, 1999 WL 104585

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 76956

Cited 8 times | Published

proof of the need for pretrial detention under section 907.041(4)(b), Florida Statutes. The court revoked

State v. Perry

605 So. 2d 94, 1992 WL 184024

District Court of Appeal of Florida | Filed: Aug 4, 1992 | Docket: 1342966

Cited 8 times | Published

detained." Art. I, § 14, Fla. Const.; see also § 907.041, Fla. Stat. (1991). The second exception, relied

Resendes v. Bradshaw

935 So. 2d 19, 2006 WL 1154876

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1670945

Cited 7 times | Published

Florida Constitution, the "Legislature enacted section 907.041, [Florida Statutes (2005)], which provides

Houser v. Manning

719 So. 2d 307, 1998 WL 406048

District Court of Appeal of Florida | Filed: Jul 22, 1998 | Docket: 1704933

Cited 7 times | Published

bond under the pretrial detention statute, section 907.041, Florida Statutes. In Merdian, the Fourth District

Miller v. State

980 So. 2d 1092, 2008 WL 134209

District Court of Appeal of Florida | Filed: Jan 15, 2008 | Docket: 1419378

Cited 6 times | Published

he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2007). However, the

Johnson v. Jenne

913 So. 2d 740, 2005 WL 2861615

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 240661

Cited 6 times | Published

Jenne, 765 So.2d 54 (Fla. 4th DCA 1999). See also § 907.041(4)(c)1, Fla. Stat. (2005); State v. Paul, 783

Valdez v. CHIEF JUDGE, ELEVENTH JUD.

640 So. 2d 1164

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 1371833

Cited 6 times | Published

Florida Rule of Criminal Procedure 3.131 and section 907.041, Florida Statutes (1993). Notwithstanding the

Potts v. State

526 So. 2d 104, 1987 WL 3333

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 1272673

Cited 6 times | Published

liberty while pending trial in certain cases. See § 907.041, Fla. Stat. (1985); Fla.R. Crim.P. 3.132. But

Ginsberg v. Ryan

60 So. 3d 475, 2011 Fla. App. LEXIS 5354, 2011 WL 1434695

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 60300228

Cited 5 times | Published

trial court to hold a hearing pursuant to section 907.041, Florida Statutes (2010) and Florida Rules

Lee v. State

956 So. 2d 1292, 2007 WL 1610447

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 302865

Cited 5 times | Published

913 So.2d 740 (Fla. 4th DCA 2005); see also § 907.041(4)(c)1, Fla. Stat. (2006). We therefore grant

Golden v. Crow

862 So. 2d 903, 2003 WL 22989018

District Court of Appeal of Florida | Filed: Dec 22, 2003 | Docket: 183276

Cited 5 times | Published

he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2002). However, the

Surdovel v. Jenne

706 So. 2d 115, 1998 WL 75916

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 2535485

Cited 5 times | Published

by rule 3.132(c)(2) and section 907.041(4) or any conclusions of law. § 907.041(4), Fla. Stat. (1997);

Sikes v. McMillian

564 So. 2d 1206, 1990 WL 107755

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 1689017

Cited 5 times | Published

motion for preventive detention pursuant to section 907.041, Florida Statutes, nor did the trial judge

Blair v. State

15 So. 3d 758, 2009 Fla. App. LEXIS 9600, 2009 WL 2031305

District Court of Appeal of Florida | Filed: Jul 15, 2009 | Docket: 1191856

Cited 4 times | Published

detention are met. See Fla. R.Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008). This court's decision

Perry v. State

842 So. 2d 301, 2003 WL 1889106

District Court of Appeal of Florida | Filed: Apr 17, 2003 | Docket: 1730538

Cited 4 times | Published

presented in this case. It states: Notwithstanding section 907.041,[1] a court may, on its own motion, revoke

Buhbut v. Bieluch

835 So. 2d 1222, 2003 WL 186962

District Court of Appeal of Florida | Filed: Jan 24, 2003 | Docket: 1754835

Cited 4 times | Published

accused at trial. This is a requirement of section 907.041(4)(c)7., Florida Statutes (2002). We reject

Card v. Miami-Dade County Florida

147 F. Supp. 2d 1334, 2001 WL 603530

District Court, S.D. Florida | Filed: May 29, 2001 | Docket: 2281235

Cited 4 times | Published

charged with a "dangerous crime." FLA. STAT. § 907.041(4)(b). Even if the defendant meets one of these

Bradshaw v. Jenne

754 So. 2d 109, 2000 WL 275970

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 431267

Cited 4 times | Published

Rule of Criminal Procedure 3.132(c)(2) and section 907.041(4), Florida Statutes (1997). The state did

Winters v. Jenne

765 So. 2d 54, 1999 WL 393678

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 416288

Cited 4 times | Published

reinstate bail with such necessary conditions. See § 907.041, Fla.Stat. (1997). DELL, FARMER and STEVENSON

Lepore v. Jenne

708 So. 2d 980, 1998 WL 119990

District Court of Appeal of Florida | Filed: Mar 19, 1998 | Docket: 305089

Cited 4 times | Published

conditions of release unless the state proves, see § 907.041(4)(f), Fla. Stat. (1997), beyond a reasonable

Blackman v. State

707 So. 2d 820, 1998 WL 67340

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 2574527

Cited 4 times | Published

Rules of Criminal Procedure 3.132(c)(2), and section 907.041(4)(h), Florida Statutes (1997), in its order

Gomez v. Hinckley

473 So. 2d 809, 10 Fla. L. Weekly 1959

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 1510531

Cited 4 times | Published

3.130 (Bail Bond), 436 So.2d 60 (Fla. 1983); § 907.041, Fla. Stat. (1983). That section was amended,

Bush v. State

74 So. 3d 130, 2011 Fla. App. LEXIS 15242, 2011 WL 4445630

District Court of Appeal of Florida | Filed: Sep 27, 2011 | Docket: 1957645

Cited 3 times | Published

pretrial detention pursuant to the criteria in section 907.041, Florida Statutes.” Fla. R. Crim. P. 3.132(c)(1)

Castro v. State

914 So. 2d 467, 2005 WL 2673907

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 1781428

Cited 3 times | Published

Rule 3.132, on the other hand, is based on section 907.041, Florida Statutes, and is concerned with pretrial

Azadi v. Spears

826 So. 2d 1020, 2001 WL 418748

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 1662566

Cited 3 times | Published

pursuant to the pretrial detention statute, section 907.041, Florida Statutes (2000). We conclude that

Parker v. State

780 So. 2d 210, 2001 WL 99597

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 1298599

Cited 3 times | Published

condition of pretrial release. Notwithstanding § 907.041, a court may, on its own motion, revoke pretrial

Moody v. Campbell

713 So. 2d 1032, 1998 WL 290225

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 1732698

Cited 3 times | Published

are nevertheless controlled by the terms of section 907.041, Florida Statutes. Metzger v. Cochran, 694

State v. Ajim

565 So. 2d 712, 1990 WL 64152

District Court of Appeal of Florida | Filed: May 16, 1990 | Docket: 878276

Cited 3 times | Published

to deny bail absent proof of the factors in section 907.041(4)(b)4 a-c. We grant certiorari and quash the

Mininni v. Gillum

477 So. 2d 1013, 10 Fla. L. Weekly 1856

District Court of Appeal of Florida | Filed: Jul 29, 1985 | Docket: 1693748

Cited 3 times | Published

that the pretrial detention provisions of section 907.041(4), Florida Statutes (1983), were applicable

Rodriguez v. State

269 So. 3d 639

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712526

Cited 2 times | Published

and revoked his bond in the earlier case. Section 907.041, Florida Statutes (2018), provides a comprehensive

Preston v. Gee

133 So. 3d 1218, 2014 WL 1007776, 2014 Fla. App. LEXIS 3552, 39 Fla. L. Weekly Fed. D 564

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238734

Cited 2 times | Published

which may be applied regardless of the charge. Section 907.041, Florida Statutes (2012), is entitled “Pretrial

Watkins v. Lamberti

82 So. 3d 825, 2011 WL 1084968, 2011 Fla. App. LEXIS 3990

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 2412974

Cited 2 times | Published

which the state may seek pretrial detention, see § 907.041(4)(a), Fla. Stat. (2010), we conclude that the

CAF v. State

976 So. 2d 629, 2008 WL 611684

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1275460

Cited 2 times | Published

violations in writing to DJJ or the Court. [3] Section 907.041, Florida Statutes, governing pretrial release

Thomas v. Jenne

766 So. 2d 320, 2000 WL 314524

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1329820

Cited 2 times | Published

by forcing the proceeding to filter through section 907.041, Florida Statutes (1999), a section not intended

Rix v. Jenne

728 So. 2d 827, 1999 WL 181798

District Court of Appeal of Florida | Filed: Mar 30, 1999 | Docket: 76957

Cited 2 times | Published

"circumscribed by the provisions of Florida Statute section 907.041." This court further held that such rule applies

Driggers v. Carson

486 So. 2d 25

District Court of Appeal of Florida | Filed: Mar 25, 1986 | Docket: 1406612

Cited 2 times | Published

satisfaction of the criteria set forth in Section 907.041, Florida Statutes (1985). The court, therefore

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

to await further hearing, notwithstanding section 907.041, Florida Statutes, relating to pretrial detention

Guzman v. Junior

211 So. 3d 1098, 2017 WL 632245, 2017 Fla. App. LEXIS 2134

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 60262463

Cited 1 times | Published

assure the presence of the accused at trial. § 907.041(4)(c)7., Fla. Stat. (2017). See also Art. I, §

Bratton v. Ryan

133 So. 3d 1158, 2014 WL 1258052, 2014 Fla. App. LEXIS 2504

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60238703

Cited 1 times | Published

discretion is limited by Florida statutes. Section 907.041(4)(c)(7) provides that: (c) The court may order

Toms v. State

80 So. 3d 1134, 2012 Fla. App. LEXIS 3371, 2012 WL 686647

District Court of Appeal of Florida | Filed: Mar 5, 2012 | Docket: 239772

Cited 1 times | Published

Habeas Corpus, but write to note that under Section 907.041(4)(k), Fla. Stat., the legislature has stated

Williams v. State

68 So. 3d 1010, 2011 Fla. App. LEXIS 14626, 2011 WL 4089990

District Court of Appeal of Florida | Filed: Sep 15, 2011 | Docket: 2353517

Cited 1 times | Published

assure the presence of the accused at trial." § 907.041(4)(c)7., Fla. Stat. (2011). To the extent the

Williams v. State

59 So. 3d 387, 2011 Fla. App. LEXIS 6455, 2011 WL 1706033

District Court of Appeal of Florida | Filed: May 5, 2011 | Docket: 60299710

Cited 1 times | Published

a requirement of pretrial detention under section 907.041(4)(c)7., Florida Statutes (2010). Blair v.

Bannister v. Lamberti

32 So. 3d 745, 2010 Fla. App. LEXIS 5166, 2010 WL 1541514

District Court of Appeal of Florida | Filed: Apr 20, 2010 | Docket: 1197712

Cited 1 times | Published

constitutional provisions. See Art. I, § 14, Fla. Const.; § 907.041(4), Fla. Stat. Our constitution allows pretrial

Best v. State

28 So. 3d 134, 2010 Fla. App. LEXIS 973, 2010 WL 391293

District Court of Appeal of Florida | Filed: Feb 5, 2010 | Docket: 2409678

Cited 1 times | Published

attempt by the State to revoke bond pursuant to section 907.041, Florida Statutes, since aggravated assault

In Re Amendments to Florida Rule of Criminal Procedure 3.132

19 So. 3d 306, 34 Fla. L. Weekly Supp. 538, 2009 Fla. LEXIS 1557, 2009 WL 2959235

Supreme Court of Florida | Filed: Sep 17, 2009 | Docket: 1651065

Cited 1 times | Published

State. The FPDA relies on the language of section 907.041, Florida Statutes (2008), which specifically

Newton v. State

963 So. 2d 929, 2007 WL 2428596

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 310702

Cited 1 times | Published

petitioner detained without bond in this case. See § 907.041(4)(c), Fla. Stat. (2007). KLEIN, STEVENSON and

Smith v. State

933 So. 2d 689, 2006 WL 2032519

District Court of Appeal of Florida | Filed: Jul 21, 2006 | Docket: 745883

Cited 1 times | Published

in failing to comply with the provisions of section 907.041 of the Florida Statutes (2005) and rule 3.132

Reyes v. McCray

879 So. 2d 1269, 2004 WL 1781349

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 463756

Cited 1 times | Published

Fla. Stat. (2000), which reads: Notwithstanding § 907.041, a court may, on its own motion, revoke pretrial

Daniels v. Jenne

847 So. 2d 1081, 2003 WL 21434171

District Court of Appeal of Florida | Filed: Jun 17, 2003 | Docket: 1224107

Cited 1 times | Published

assure the presence of the accused at trial," § 907.041(4)(c)7, Fla. Stat. (2002), we grant the petition

Valdez v. Chief Judge of the Eleventh Judicial Circuit of Florida

640 So. 2d 1164, 1994 Fla. App. LEXIS 6608

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 64750030

Cited 1 times | Published

*1165Florida Rule of Criminal Procedure 3.131 and section 907.041, Florida Statutes (1993). Notwithstanding the

Swanson v. Allison

617 So. 2d 1100, 1993 WL 135693

District Court of Appeal of Florida | Filed: Apr 26, 1993 | Docket: 1512576

Cited 1 times | Published

the present charge is a "dangerous crime." See § 907.041(4)(b)4., Fla. Stat. (1991). Although the legislature's

In Re: Amendments to the Florida Rules of Criminal Procedure - 2025 Legislation

Supreme Court of Florida | Filed: May 22, 2025 | Docket: 70340552

Published

Detention). 1 The amendments reflect changes to section 907.041, Florida Statutes (2024), made by chapter

In Re: Amendments to Florida Rules of Criminal Procedure 3.116 and 3.132

Supreme Court of Florida | Filed: Apr 24, 2025 | Docket: 69838874

Published

rule 3.132 in light of recent changes to section 907.041, Florida Statutes. See ch. 2023-27, § 4, Laws

In Re: Amendments to Florida Rules of Criminal Procedure 3.116 and 3.132

Supreme Court of Florida | Filed: Apr 3, 2025 | Docket: 69838874

Published

rule 3.132 in light of recent changes to section 907.041, Florida Statutes. See ch. 2023-27, § 4, Laws

ALBERT ARMSTRONG v. STATE OF FLORIDA AND GRADY JUDD, SHERIFF OF POLK COUNTY

District Court of Appeal of Florida | Filed: Aug 26, 2024 | Docket: 69087599

Published

subsection to section 907.041, now located at section 907.041(5)(d), Florida Statutes. 1 Section 907.041(5)(d)

Orlando Chillon Hernandez v. The State of Florida

District Court of Appeal of Florida | Filed: Feb 7, 2024 | Docket: 68230729

Published

court denied nonmonetary release because section 907.041(5)(b), Florida Statutes (2023), prohibits

Dominguez v. Cloutier

District Court of Appeal of Florida | Filed: Jan 31, 2024 | Docket: 68213111

Published

further proceedings and enters an order under section 907.041(5)(c), Florida Statutes. No costs or charges

Timothy Davis, Sr. v. City of Apopka

Court of Appeals for the Eleventh Circuit | Filed: Aug 28, 2023 | Docket: 60125282

Published

Argued: Aug 11, 2021

vio- lence against another. Cf. § 907.041(4)(c)5., Fla. Stat. (2017) (authorizing

JOSE ALCAZAR v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 8, 2023 | Docket: 66970027

Published

motion for pretrial detention pursuant to section 907.041, Florida Statutes (2022), and Florida Rule

JAMES DEFRAIL BURNS v. KEN MASCARA, SHERIFF

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795957

Published

at 759 (citing Fla. R. Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008)); see also Fla. R. Crim

JOSE ALCAZAR v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 14, 2022 | Docket: 65425449

Published

Florida Rule of Criminal Procedure 3.132 and section 907.041, Florida Statutes. Alcazar then filed a motion

JASMINE MARTINEZ v. CASSANDRA JONES, etc.

District Court of Appeal of Florida | Filed: Oct 14, 2022 | Docket: 65425450

Published

motion for pretrial detention pursuant to section 907.041, Florida Statutes, and separately requested

Brandon Thourtman v. Daniel Junior, etc.

Supreme Court of Florida | Filed: Mar 17, 2022 | Docket: 63166171

Published

defendant may be detained pending a hearing. § 907.041(4)(f), Fla. Stat. (2021). This rule, applicable

NATHANIEL ROBERSON v. DANIEL JUNIOR, etc.

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162676

Published

217 So. 3d 1115, 1123–24 (Fla. 3d DCA 2017), section 907.041(3)(a), Florida Statutes provides that, while

BRIAN HODGES v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60497129

Published

Florida Rule of Criminal Procedure 3.132 and section 907.041, Florida Statutes (2021), we deny both petitions

ALEX GARCIA v. DANIEL JUNIOR, etc.

District Court of Appeal of Florida | Filed: Jul 14, 2021 | Docket: 60056691

Published

State moved for pretrial detention under section 907.041(4)(c), and on April 25, 2021, Garcia moved

WESLEY WARD v. DANIEL JUNIOR, etc.

District Court of Appeal of Florida | Filed: Jun 25, 2021 | Docket: 60017809

Published

a written motion for pretrial detention. See § 907.041(4)(c)(5), Fla. Stat. As we held in Ginsberg v

JACARIE JOSEPH v. DANIEL JUNIOR, etc.

District Court of Appeal of Florida | Filed: May 11, 2021 | Docket: 59896674

Published

is circumscribed by the requirements of section 907.041, Florida Statutes, and Florida Rules of

ROSNIEL ORFELIA v. DANIEL JUNIOR, etc.

District Court of Appeal of Florida | Filed: May 7, 2021 | Docket: 59890670

Published

bond is circumscribed by the provisions of section 907.041, see State v. Paul, 783 So. 2d 1042 (Fla

ALI MARINO v. STATE OF FLORIDA and GREGORY TONY, as Sheriff of Broward County

District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928486

Published

judicial process, the accused may be detained.”); § 907.041(4)(c), Fla. Stat. (2018) (setting out the circumstances

Rodriguez v. State

269 So. 3d 639

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712527

Published

and revoked his bond in the earlier case. Section 907.041, Florida Statutes (2018), provides a comprehensive

Benjamin v. Junior

271 So. 3d 151

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 14961926

Published

properly and commendably, concedes error. See § 907.041, Fla. Stat. (2018); State v. Paul, 783 So. 2d

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

to await further hearing, notwithstanding section 907.041, Florida Statutes, relating to pretrial detention

Sardinas v. Junior

252 So. 3d 295

District Court of Appeal of Florida | Filed: Jul 12, 2018 | Docket: 7421967

Published

pretrial detention proceedings pursuant to section 907.041, Florida Statutes (2018), and Florida Rule

Harvey v. State

238 So. 3d 353

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 64673838

Published

to await his January 16, 2018 trial date. Section 907.041, Florida Statutes (2017), provides that it

Shalem v. Junior

235 So. 3d 966

District Court of Appeal of Florida | Filed: Oct 31, 2017 | Docket: 6183579

Published

the hearings showed that the requirements of section 907.041, Florida Statutes (2017) and Florida Rules

Shalem v. Junior

238 So. 3d 342

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181586

Published

the hearings show that the requirements of section 907.041, Florida Statutes (2017) and Florida Rules

Nixon Lazard v. State

229 So. 3d 439

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6181266

Published

enumerated offenses, such as violations listed in section 907.041, Florida Statutes, which includes an act of

Willie Johnson v. State

224 So. 3d 330, 2017 WL 3361229, 2017 Fla. App. LEXIS 11390

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6133355

Published

order denying bond did not comply fully with section 907.041 of the Florida Statutes, we remand to the trial

State v. Dixon and Matienzo

217 So. 3d 1115, 2017 WL 1494001, 2017 Fla. App. LEXIS 6003

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 5784728

Published

have been formally charged with a crime. Section 907.041(3)(a), Florida Statutes (2016), explains that

Kendrick-Nelson v. Guevara, Etc.

187 So. 3d 913, 2016 Fla. App. LEXIS 3893

District Court of Appeal of Florida | Filed: Mar 11, 2016 | Docket: 3043911

Published

to make the additional finding required by section 907.041, Florida Statutes' (2016), which provides in

Norton-Nugin v. State

179 So. 3d 557, 2015 Fla. App. LEXIS 17992, 2015 WL 7750034

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017390

Published

the community and her children. See § 907.041(3)(a), (4)(b), Fla. Stat. (2015). This opinion

Johnson v. Guevara

156 So. 3d 557, 2015 Fla. App. LEXIS 648, 2015 WL 249322

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60245811

Published

of Criminal Procedure 3.131 and 3.132 and section 907.041, Florida Statutes (2014). Although certain

Hill v. State

152 So. 3d 56, 2014 Fla. App. LEXIS 18532, 2014 WL 5877788

District Court of Appeal of Florida | Filed: Nov 10, 2014 | Docket: 60244965

Published

writing or orally on the record.” Likewise, section 907.041(4)(i), Florida Statutes (2014), provides that:

Ramos-Miranda v. Guevara, Etc.

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 2593853

Published

shall conduct a hearing in accordance with section 907.041, Florida Statutes (2014) and Florida Rule

Ramos-Miranda v. Guevara

150 So. 3d 1179, 2014 Fla. App. LEXIS 18246, 2014 WL 6607215

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 60244169

Published

shall conduct a hearing in accordance with section 907.041, Florida Statutes (2014) and Florida Rule of

Ramos-Miranda v. Guevara, Etc.

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 2595531

Published

shall conduct a hearing in accordance with section 907.041, Florida Statutes (2014) and Florida Rule

Moralez v. Guevara

151 So. 3d 25

District Court of Appeal of Florida | Filed: Nov 4, 2014 | Docket: 2592197

Published

for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014), and the applicable

Moralez v. Guevara

151 So. 3d 25, 2014 Fla. App. LEXIS 17456, 2014 WL 5420795

District Court of Appeal of Florida | Filed: Oct 24, 2014 | Docket: 60294017

Published

for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014), and the applicable

Moralez v. Guevara

District Court of Appeal of Florida | Filed: Oct 24, 2014 | Docket: 1426977

Published

for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014), and the applicable

Harris v. Ryand, Director

147 So. 3d 1100, 2014 Fla. App. LEXIS 15289

District Court of Appeal of Florida | Filed: Oct 1, 2014 | Docket: 1400844

Published

crime while on pretrial release.” Further, section 907.041(4)(c)7, Florida Statutes (2014), provides that

Robinson v. State

146 So. 3d 1287, 2014 Fla. App. LEXIS 14671, 2014 WL 4656584

District Court of Appeal of Florida | Filed: Sep 19, 2014 | Docket: 1339328

Published

assure the presence of the accused at trial.” § 907.041(4)(c), Florida Statutes (2014); see

Herrera v. State

District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 1351180

Published

accused at trial.” Art. I, § 14, Fla. Const.; § 907.041(4)(c), Florida Statutes (2014). See Blair v.

Herrera v. State

146 So. 3d 1266, 2014 Fla. App. LEXIS 14360, 2014 WL 4627613

District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 60242836

Published

accused at trial.” Art. I, § 14, Fla. Const.; § 907.041(4)(e), Florida Statutes (2014). See State v. Blair

Herrera v. State

District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 1347704

Published

accused at trial.” Art. I, § 14, Fla. Const.; § 907.041(4)(c), Florida Statutes (2014). See Blair v.

Mendoza v. Cross

143 So. 3d 1155, 2014 Fla. App. LEXIS 12244, 2014 WL 3883413

District Court of Appeal of Florida | Filed: Aug 7, 2014 | Docket: 827482

Published

*1157 finding required under section 907.041(4), which provides in pertinent part:

Paolercio v. State

129 So. 3d 1174, 2014 WL 92317, 2014 Fla. App. LEXIS 250

District Court of Appeal of Florida | Filed: Jan 10, 2014 | Docket: 60237321

Published

condition of pretrial release — Notwithstanding section 907.041 [the pretrial detention and release statute]

Treacy v. Lamberti

141 So. 3d 174, 38 Fla. L. Weekly Supp. 703, 2013 Fla. LEXIS 2197, 2013 WL 5567077

Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60241813

Published

intent in providing pretrial detention, citing section 907.041(1), Florida Statutes (2009): “Based upon the

White v. State

128 So. 3d 116, 2013 WL 5575045, 2013 Fla. App. LEXIS 16107

District Court of Appeal of Florida | Filed: Oct 10, 2013 | Docket: 60236958

Published

reasonable alternate conditions of release. See § 907.041(4)(c)(7), Fla. Stat. (2012); Fla. R.Crim. P. 3

Fuller v. State

116 So. 3d 1277, 2013 WL 3357472

District Court of Appeal of Florida | Filed: Jul 5, 2013 | Docket: 60232305

Published

all must be subject to the limitations of section 907.041, the pretrial detention statute. Id. Accordingly

Rancy v. State

110 So. 3d 989, 2013 Fla. App. LEXIS 6468, 2013 WL 1687853

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60230579

Published

Motion for Pretrial Detention pursuant to section 907.041(4)(a)(12), Florida Statutes, and Florida Rule

In re Amendments to Florida Rule of Criminal Procedure 3.130

84 So. 3d 254, 37 Fla. L. Weekly Supp. 160, 2012 WL 739122, 2012 Fla. LEXIS 486

Supreme Court of Florida | Filed: Mar 8, 2012 | Docket: 60306687

Published

to await further hearing, notwithstanding section 907.041, Florida Statutes, relating to pretrial detention

Prokopishen v. State

82 So. 3d 1046, 2011 WL 4056285, 2011 Fla. App. LEXIS 14570

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 60306039

Published

a requirement of pretrial detention under section 907.041(4)(c)7. Florida Statutes (2010). “Pretrial

Murphy v. Lamberti

58 So. 3d 414, 2011 Fla. App. LEXIS 5357, 2011 WL 1448125

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 60299365

Published

a requirement of pretrial detention under section 907.041(4)(c)7, Florida Statutes (2010). Blair v. State

C.A.F. v. State

976 So. 2d 629, 2008 Fla. App. LEXIS 3129

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 64854087

Published

violations in writing to DJJ or the Court. . Section 907.041, Florida Statutes, governing pretrial release

Almazrouei v. State

971 So. 2d 185, 2007 Fla. App. LEXIS 20529, 2007 WL 4547497

District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 64853515

Published

Petitioner asserts that the trial court ignored section 907.041(4)(a), Florida Statutes (2006), asserting that

Adams v. State

965 So. 2d 364, 2007 WL 2812788

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 117447

Published

petitioner detained without bond in this case. See § 907.041(4)(c), Fla. Stat. (2007). SHAHOOD, C.J., STEVENSON

In re Amendments to the Florida Rules of Criminal Procedure

959 So. 2d 250, 32 Fla. L. Weekly Supp. 389, 2007 Fla. LEXIS 1103, 2007 WL 1774440

Supreme Court of Florida | Filed: Jun 21, 2007 | Docket: 64851248

Published

charged with a dangerous crime, as defined in section 907.041(4)(a), Florida Statutes, shall be released

In re Florida Rules of Criminal Procedure 3.131 & 3.132

948 So. 2d 731, 32 Fla. L. Weekly Supp. 71, 2007 Fla. LEXIS 129, 2007 WL 268773

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849100

Published

2000-178, § 2, at 1906, Laws of Fla. (amending section 907.041(4)(b), Fla. Stat. (1999)). The law also repealed

Yeary v. Bradshaw

931 So. 2d 1060, 2006 WL 1816242

District Court of Appeal of Florida | Filed: Jul 5, 2006 | Docket: 1522292

Published

accordance with the procedures proscribed in section 907.041(4)(c), Florida Statutes (2006)." Petition Granted

Dollar v. State

909 So. 2d 399, 2005 Fla. App. LEXIS 12547, 2005 WL 1923419

District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 64840132

Published

child abuse, torture. Pursuant to Fla. Stat. § 907.041(4)(a), child abuse or aggravated child abuse is

In re Florida Rules of Criminal Procedure 3.131 & 3.132

907 So. 2d 1169, 30 Fla. L. Weekly Supp. 503, 2005 Fla. LEXIS 1364, 2005 WL 1530349

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 64839725

Published

2005), also issued today, the Court finds section 907.041(4)(b), Florida Statutes (2000), unconstitutional

Dowd v. State

892 So. 2d 1123, 2004 Fla. App. LEXIS 17332, 2004 WL 2599389

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 64835817

Published

condition is the revocation of pretrial release. See § 907.041(4)(c)(7), Fla. Stat. (2002). However, such a condition

Williams v. State

879 So. 2d 77, 2004 Fla. App. LEXIS 11441, 2004 WL 1737234

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832077

Published

Id. § 943.0585(2)(a)3. (emphasis added). Section 907.041, Florida Statutes, is the pretrial detention

McClellan v. State

872 So. 2d 420, 2004 Fla. App. LEXIS 6470, 2004 WL 1049239

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 64830212

Published

those latitudes are not without bounds. “Section 907.041 tucks neatly into this constitutional provision

Young v. Shoap

862 So. 2d 904, 2003 Fla. App. LEXIS 19489, 2003 WL 22989021

District Court of Appeal of Florida | Filed: Dec 22, 2003 | Docket: 64827314

Published

he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2002). However, the

Williams v. Spears

814 So. 2d 1167, 2002 Fla. App. LEXIS 4983, 2002 WL 561381

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 64814673

Published

means that Florida’s pretrial detention statute— § 907.041—does not apply in this situation. Thus, by the

Roby v. State

795 So. 2d 189, 2001 Fla. App. LEXIS 13422, 2001 WL 1131350

District Court of Appeal of Florida | Filed: Sep 25, 2001 | Docket: 64808791

Published

without complying with the requirements of section 907.041(c), Florida Statutes (2000). For the reasons

Homerding v. Jenne

804 So. 2d 349, 2001 Fla. App. LEXIS 12222, 2001 WL 902487

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 64811538

Published

that the 2000 amendments to Florida Statutes section 907.041 are not applicable to Homerding. See State

Forbes v. State

770 So. 2d 1265, 2000 Fla. App. LEXIS 15149, 2000 WL 1714783

District Court of Appeal of Florida | Filed: Nov 13, 2000 | Docket: 64801623

Published

or assure petitioner’s presence at trial. See § 907.041(4)(c)7., Fla. Stat. (2000). The motion was denied

Young v. Neumann

770 So. 2d 205, 2000 Fla. App. LEXIS 17586, 2000 WL 1693805

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 64801332

Published

132, Florida Rule of Criminal Procedure and Section 907.041, Florida Statutes (1999). PETITION GRANTED;

Schwartz v. Neumann

731 So. 2d 746, 1999 WL 188058

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 64787983

Published

least one of the four circumstances listed in section 907.041(4)(b). Absent such proof, we must vacate the

Martinez v. State

715 So. 2d 1024, 1998 Fla. App. LEXIS 9089, 1998 WL 406684

District Court of Appeal of Florida | Filed: Jul 22, 1998 | Docket: 64782136

Published

State must prove beyond a reasonable doubt. Section 907.041, Fla. Stat. (1997); Fla. R.Crim. P. 3.131;

Furtney v. State

679 So. 2d 68, 1996 Fla. App. LEXIS 9666, 1996 WL 515272

District Court of Appeal of Florida | Filed: Sep 10, 1996 | Docket: 64767117

Published

the requirements for pre-trial detention of section 907.041, Florida Statutes and Florida Rule of Criminal

Furtney v. State

679 So. 2d 68, 1996 Fla. App. LEXIS 9666, 1996 WL 515272

District Court of Appeal of Florida | Filed: Sep 10, 1996 | Docket: 64767117

Published

the requirements for pre-trial detention of section 907.041, Florida Statutes and Florida Rule of Criminal

State v. Fox

647 So. 2d 1051, 1994 Fla. App. LEXIS 12457, 1994 WL 708174

District Court of Appeal of Florida | Filed: Dec 22, 1994 | Docket: 64753072

Published

makes the specialized showing contained in section 907.041(4)(b), Florida Statutes. The court cited two

State ex rel. Neicen v. Navarro

603 So. 2d 136, 1992 Fla. App. LEXIS 8958, 1992 WL 197863

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669233

Published

trial court’s stated policy is contrary to section 907.041, Florida Statutes (1991). See also and compare

Carthen v. Wille

602 So. 2d 696, 1992 Fla. App. LEXIS 8934, 1992 WL 197851

District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 64669025

Published

requirements for pretrial detention pursuant to section 907.041(4)(b)4, Florida Statutes (1991). See also Gomez

Lowe v. Coker

593 So. 2d 624, 1992 Fla. App. LEXIS 1918, 1992 WL 38325

District Court of Appeal of Florida | Filed: Feb 26, 1992 | Docket: 64665292

Published

fact and conclusions of law as required by section 907.041(4)(h), Florida Statutes (1991), and rule 3

Kaufman ex rel. M.C. v. State

557 So. 2d 242, 1990 Fla. App. LEXIS 1307, 1990 WL 20133

District Court of Appeal of Florida | Filed: Mar 7, 1990 | Docket: 64648496

Published

writing which satisfy the requirements of section 907.041, Florida Statutes (1987) for pretrial detention

Larrinaga v. State

554 So. 2d 1233, 1990 Fla. App. LEXIS 104, 1990 WL 1088

District Court of Appeal of Florida | Filed: Jan 11, 1990 | Docket: 64647410

Published

pursuant to section 907.041(4)(i), Florida Statutes (1987). Florida Statutes, section 907.041(4)(i) provides:

Bradwell v. McClure

488 So. 2d 566, 11 Fla. L. Weekly 978, 1986 Fla. App. LEXIS 9014

District Court of Appeal of Florida | Filed: Apr 25, 1986 | Docket: 64619338

Published

petitioner was not entitled to bail pursuant to section 907.041, Florida Statutes, (1985). The circuit court

Dinnall v. Navarro

483 So. 2d 139, 11 Fla. L. Weekly 462, 1986 Fla. App. LEXIS 6457

District Court of Appeal of Florida | Filed: Feb 19, 1986 | Docket: 64617406

Published

Hinckley, 473 So.2d 809 (Fla. 4th DCA 1985); Section 907.041, Florida Statutes (1983); Fla.R.Crim.P. 3.131

Florida Bar

436 So. 2d 60, 1983 Fla. LEXIS 2682

Supreme Court of Florida | Filed: Jul 21, 1983 | Docket: 64598948

Published

pretrial detention pursuant to the criteria in section 907.041, Florida Statutes (Supp. 1982). This is a revision