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Florida Statute 907.041 | Lawyer Caselaw & Research
F.S. 907.041 Case Law from Google Scholar
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The 2023 Florida Statutes (including 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, or failing to appear at trial 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). Such person 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, 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, 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 defendant is entitled to be represented by counsel, to present witnesses and evidence, and to cross-examine witnesses. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of evidence at the detention hearing, but evidence secured in violation of the United States Constitution or the Constitution of the State of Florida shall not be admissible. 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.
(j) 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.
(k) 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.
(l) 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.
(m) 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.
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.

F.S. 907.041 on Google Scholar

F.S. 907.041 on Casetext

Amendments to 907.041


Arrestable Offenses / Crimes under Fla. Stat. 907.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 907.041.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RODRIGUEZ, v. STATE, 269 So. 3d 639 (Fla. App. Ct. 2019)

. . . Section 907.041, Florida Statutes (2018), provides a comprehensive statutory scheme setting forth the . . .

BENJAMIN, v. JUNIOR,, 271 So. 3d 151 (Fla. App. Ct. 2019)

. . . See § 907.041, Fla. Stat. (2018) ; State v. Paul, 783 So.2d 1042 (Fla. 2001). . . .

DELISLE, v. CRANE CO., 258 So. 3d 1219 (Fla. 2018)

. . . Raymond , 906 So.2d 1045 (Fla. 2005), we determined that section 907.041(4)(b), Florida Statutes (2000 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . or may release the offender with or without bail to await further hearing, notwithstanding section 907.041 . . .

SARDINAS, v. JUNIOR,, 252 So. 3d 295 (Fla. App. Ct. 2018)

. . . State's motion was facially insufficient to initiate pretrial detention proceedings pursuant to section 907.041 . . . Section 907.041(4)(c)(7) provides that: (c) The court may order pretrial detention if it finds a substantial . . . defendant contended he was "entitled to a full hearing and findings by the trial court pursuant to sections 907.041 . . .

CASIANO, v. STATE, 241 So. 3d 219 (Fla. App. Ct. 2018)

. . . That rule, along with statutory sections 907.041 and 903.046, Florida Statutes (2016), effectuate the . . .

MATIAS, s s v. JUNIOR, s s, 245 So. 3d 733 (Fla. App. Ct. 2017)

. . . directed to conduct a hearing on the matter of the petitioner's pretrial release pursuant to sections 907.041 . . .

HARVEY, v. STATE, 238 So. 3d 353 (Fla. App. Ct. 2017)

. . . Section 907.041, Florida Statutes (2017), provides that it is the intent of the Legislature to create . . . P. 3.132(c)(2) ; § 907.041(4)(i), Fla. Stat. (2017) ; State v. Paul, 783 So.2d 1042 (Fla. 2001). . . . 2017, conduct a hearing pursuant to Florida Rules of Criminal Procedure 3.131 and 3.132, and section 907.041 . . .

SHALEM, v. JUNIOR,, 235 So. 3d 966 (Fla. Dist. Ct. App. 2017)

. . . The record and transcripts from the hearings showed that the requirements of section 907.041, Florida . . . hold a hearing no later than Monday, October 30, 2017 and to comply with the requirements of section 907.041 . . . specifically set forth its findings, in accordance with the Rules of Criminal Procedure and section 907.041 . . .

SHALEM, v. JUNIOR,, 238 So. 3d 342 (Fla. App. Ct. 2017)

. . . The record and transcripts from the hearings show that the requirements of section 907.041, Florida Statutes . . . release or detention, and any pretrial detention order shall comport with the requirements of section 907.041 . . .

LAZARD, v. STATE, 229 So. 3d 439 (Fla. Dist. Ct. App. 2017)

. . . would not issue a certificate because his criminal history related to “a violation enumerated in s.907.041 . . . criminal records that “relate to” certain enumerated offenses, such as violations listed in section 907.041 . . .

KUMAR, v. C. PATEL,, 227 So. 3d 557 (Fla. 2017)

. . . . § 907.041(4)(c)5., Fla. . . .

JOHNSON, v. STATE, 224 So. 3d 330 (Fla. Dist. Ct. App. 2017)

. . . As it appears that the trial court’s order denying bond did not comply fully with section 907.041 of . . . The State shall have the opportunity to file a written motion pursuant to section 907.041, and the trial . . .

STATE v. DIXON, 217 So. 3d 1115 (Fla. Dist. Ct. App. 2017)

. . . Section 907.041(3)(a), Florida Statutes (2016), explains that, while there exists “a presumption in favor . . . See § 907.041(1), (3). . . . hearing on its motion for pretrial detention and for consideration of the factors provided in section 907.041 . . . trial judge’s consideration of this opinion, the trial judge will comply with sections 903.046, and 907.041 . . . Matienzo to receive credit for the time he remained in custody until the bond of $1 was posted. .Section 907.041 . . .

GUZMAN, v. JUNIOR,, 211 So. 3d 1098 (Fla. Dist. Ct. App. 2017)

. . . without conducting a proper hearing, and without making the necessary findings required under sections 907.041 . . . the community from risk of physical harm to persons or assure the presence of the accused at trial. § 907.041 . . .

KENDRICK- NELSON, v. GUEVARA,, 187 So. 3d 913 (Fla. Dist. Ct. App. 2016)

. . . Further, the trial court failed to make the additional finding required by section 907.041, Florida Statutes . . . community from risk of physical harm to persons or assure the ■ presence of the accused at trial. § 907.041 . . .

MEDINA, v. STATE, 182 So. 3d 843 (Fla. Dist. Ct. App. 2016)

. . . Stat. (2015) (“Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial release and . . .

NORTON- NUGIN, v. STATE, 179 So. 3d 557 (Fla. Dist. Ct. App. 2015)

. . . See § 907.041(3)(a), (4)(b), Fla. Stat. (2015). This opinion now follows. . . .

JOHNSON, v. GUEVARA,, 156 So. 3d 557 (Fla. Dist. Ct. App. 2015)

. . . raises several procedural issues under Florida Rules of Criminal Procedure 3.131 and 3.132 and section 907.041 . . . The following day, the State filed a “motion for pretrial detention” under Rule 3.132 and section 907.041 . . .

J. HILL, Jr. v. STATE, 152 So. 3d 56 (Fla. Dist. Ct. App. 2014)

. . . Likewise, section 907.041(4)(i), Florida Statutes (2014), provides that: The pretrial detention order . . . The court shall render its findings within 24 hours of the pretrial detention hearing. § 907.041(4)(i . . .

RAMOS- MIRANDA, v. GUEVARA,, 150 So. 3d 1179 (Fla. Dist. Ct. App. 2014)

. . . pretrial detention, after which the trial court shall conduct a hearing in accordance with section 907.041 . . .

MORALEZ, v. GUEVARA,, 151 So. 3d 25 (Fla. Dist. Ct. App. 2014)

. . . corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041 . . . prior order we remanded this cause to the court below for an expedited bond hearing pursuant to section 907.041 . . .

HARRIS, v. RYAN,, 147 So. 3d 1100 (Fla. Dist. Ct. App. 2014)

. . . Sections 903.047(l)(a), 903.0471, and 907.041(4)(c)7, Florida Statutes (2014), provide for revocation . . . Further, section 907.041(4)(c)7, Florida Statutes (2014), provides that a court may, within its discretion . . .

ROBINSON, v. STATE, 146 So. 3d 1287 (Fla. Dist. Ct. App. 2014)

. . . .” § 907.041(4)(c), Florida Statutes (2014); see Art, I, § 14, Fla. Const.; Blair v. . . . corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041 . . . corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041 . . .

HERRERA, v. STATE, 146 So. 3d 1266 (Fla. Dist. Ct. App. 2014)

. . . .; § 907.041(4)(e), Florida Statutes (2014). See State v. Blair, 39 So.3d 1190 (Fla. 2010). . . . corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041 . . .

MENDOZA, v. CROSS,, 143 So. 3d 1155 (Fla. Dist. Ct. App. 2014)

. . . by his failure to appear for trial, it failed to make the additional finding required under section 907.041 . . .

A. GRIGLEN, v. RYAN,, 138 So. 3d 1172 (Fla. Dist. Ct. App. 2014)

. . . Section 907.041, Florida Statutes (2018) provides that “a court may, on its own motion, revoke pretrial . . .

PRESTON, Jr. v. GEE,, 133 So. 3d 1218 (Fla. Dist. Ct. App. 2014)

. . . Section 907.041, Florida Statutes (2012), is entitled “Pretrial detention and release.” . . . behavior patterns, the criteria in section 903.046, Florida Statutes, and any other relevant facts. § 907.041 . . . offenses qualifying as dangerous crimes which may warrant pretrial detention are listed in section 907.041 . . . It is apparent, then, that section 907.041 is directed to the second, general, exception to the right . . . beyond a reasonable doubt that pretrial detention is necessary under the criteria set forth in section 907.041 . . .

BRATTON, v. RYAN,, 133 So. 3d 1158 (Fla. Dist. Ct. App. 2014)

. . . , he contends he is entitled to a full hearing and findings by the trial court pursuant to sections 907.041 . . . Section 907.041(4)(c)(7) provides that: (c) The court may order pretrial detention if it finds a substantial . . .

PAOLERCIO, v. STATE, 129 So. 3d 1174 (Fla. Dist. Ct. App. 2014)

. . . Section 903.0471 provides: Violation of condition of pretrial release — Notwithstanding section 907.041 . . .

TREACY, v. AI LAMBERTI,, 141 So. 3d 174 (Fla. 2013)

. . . reasoning was consistent with the Legislature’s intent in providing pretrial detention, citing section 907.041 . . .

T. WHITE, v. STATE, 128 So. 3d 116 (Fla. Dist. Ct. App. 2013)

. . . See § 907.041(4)(c)(7), Fla. Stat. (2012); Fla. R.Crim. P. 3.132(c)(1). . . .

D. FULLER, v. STATE, 116 So. 3d 1277 (Fla. Dist. Ct. App. 2013)

. . . A refusal to readmit a defendant to any bail at all must be subject to the limitations of section 907.041 . . . at which time the trial court shall consider whether pretrial detention is warranted under section 907.041 . . .

RANCY, v. STATE, 110 So. 3d 989 (Fla. Dist. Ct. App. 2013)

. . . The State filed a Motion for Pretrial Detention pursuant to section 907.041(4)(a)(12), Florida Statutes . . . order contained any findings of fact or conclusions of law as required by rule 3.132(c)(2) and section 907.041 . . .

SANTIAGO, v. P. RYAN,, 109 So. 3d 848 (Fla. Dist. Ct. App. 2013)

. . . him without bond entered pursuant to section 903.0471, Florida Statutes (2000): Notwithstanding s. 907.041 . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE, 84 So. 3d 254 (Fla. 2012)

. . . or may release the offender with or without bail to await further hearing, notwithstanding section 907.041 . . .

TOMS, v. STATE, 80 So. 3d 1134 (Fla. Dist. Ct. App. 2012)

. . . concur in the denial of the Petition for Writ of Habeas Corpus, but write to note that under Section 907.041 . . .

BUSH, Jr. v. STATE, 74 So. 3d 130 (Fla. Dist. Ct. App. 2011)

. . . show “beyond a reasonable doubt the need for pretrial detention pursuant to the criteria in section 907.041 . . . The comprehensive statutory scheme of section 907.041, Florida Statutes (2010), circumscribes the trial . . . finds a substantial probability that “[t]he defendant poses the threat of harm to the community.” § 907.041 . . . for a writ of habeas corpus to review an order entered under the pretrial detention statute, section 907.041 . . . Section 907.041, Florida Statutes sets the substantive requirements for pretrial detention in noncapital . . . See § 907.041(2), Fla. . . .

WILLIAMS, v. STATE Al, 68 So. 3d 1010 (Fla. Dist. Ct. App. 2011)

. . . .” § 907.041(4)(c)7., Fla. Stat. (2011). . . .

PROKOPISHEN, v. STATE, 82 So. 3d 1046 (Fla. Dist. Ct. App. 2011)

. . . or assure the presence of the accused at trial,” a requirement of pretrial detention under section 907.041 . . .

WILLIAMS, v. STATE, 59 So. 3d 387 (Fla. Dist. Ct. App. 2011)

. . . or assure the presence of the accused at trial,” a requirement of pretrial detention under section 907.041 . . .

GINSBERG, v. RYAN,, 60 So. 3d 475 (Fla. Dist. Ct. App. 2011)

. . . petition for writ of habeas corpus and remand to the trial court to hold a hearing pursuant to section 907.041 . . . The State argues the defendant meets the criteria for pretrial detention under section 907.041(4), which . . . However, a court is required to consider the requirements of section 907.041 and Florida Rules of Criminal . . . must file a motion seeking pretrial detention within twenty-four hours of the defendant’s arrest. § 907.041 . . . to be represented by counsel, to present witnesses and evidence and to cross-examine witnesses.” § 907.041 . . .

X. MURPHY, III, v. Al LAMBERTI,, 58 So. 3d 414 (Fla. Dist. Ct. App. 2011)

. . . This is a requirement of pretrial detention under section 907.041(4)(c)7, Florida Statutes (2010). . . . P. 3.132(c)(2); § 907.041(4)®, Fla. Stat. (2008).”), approved, 39 So.3d 1190 (Fla.2010). . . .

WATKINS, Jr. v. Al LAMBERTI,, 82 So. 3d 825 (Fla. Dist. Ct. App. 2011)

. . . included in the statutory list of dangerous crimes for which the state may seek pretrial detention, see § 907.041 . . .

STATE v. BLAIR,, 39 So. 3d 1190 (Fla. 2010)

. . . willful without determining whether conditions of release are appropriate as delineated in section 907.041 . . . P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008). Id. at 759. . . . Section 907.041(4)(c)(7) lists criteria that must be used in making a pretrial detention determination . . . Additionally, section 907.041 also prescribes a set of procedures relating to pretrial detention. . . . P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008). Blair, 15 So.3d at 759. . . .

BANNISTER, v. Al LAMBERTI,, 32 So. 3d 745 (Fla. Dist. Ct. App. 2010)

. . . .; § 907.041(4), Fla. Stat. . . . Section 907.041(4)(c)7., Florida Statutes, permits the court to order pretrial detention if a defendant . . .

BEST, v. STATE, 28 So. 3d 134 (Fla. Dist. Ct. App. 2010)

. . . There was then discussion regarding a possible attempt by the State to revoke bond pursuant to section 907.041 . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE, 19 So. 3d 306 (Fla. 2009)

. . . The FPDA relies on the language of section 907.041, Florida Statutes (2008), which specifically contemplates . . . that the State will file a motion for pretrial detention, and the language of section 907.041(4)(g), . . . The FPDA contrasts the language of section 907.041 with section 903.0471, Florida Statutes (2008), violation . . . The Committee correctly observes that section 907.041, pretrial detention and release, provides in part . . . or the integrity of the judicial process, or failing to appear at trial be detained upon arrest.” § 907.041 . . .

BLAIR, v. STATE L., 15 So. 3d 758 (Fla. Dist. Ct. App. 2009)

. . . P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008). This court’s decision in Bradshaw v. . . . the commission of a new offense while on pretrial release, is subject to the requirements of section 907.041 . . . See § 907.041(4)(c)7, Fla. . . . Const.; § 907.041(4)(c)7, Fla. Stat. (2008); Paul, 783 So.2d at 1042. . . .

a No. Re H. BARNES, 2 So. 3d 166 (Fla. 2009)

. . . United States Constitution, Florida Constitution, Rule 3.130, 3.131, and Section 901.07, 903.046, and 907.041 . . .

C. A. F. a v. STATE, 976 So. 2d 629 (Fla. Dist. Ct. App. 2008)

. . . Section 907.041, Florida Statutes, governing pretrial release of criminal defendants does not apply to . . .

MILLER, v. STATE, 980 So. 2d 1092 (Fla. Dist. Ct. App. 2008)

. . . of burglary of an occupied dwelling, for which he is eligible for pretrial detention under section 907.041 . . .

ALMAZROUEI, v. STATE, 971 So. 2d 185 (Fla. Dist. Ct. App. 2007)

. . . Petitioner asserts that the trial court ignored section 907.041(4)(a), Florida Statutes (2006), asserting . . . crimes charged constitute a “dangerous crime,” and the Petitioner does not meet the criteria for section 907.041 . . . undisputed that the crimes charged do not constitute “dangerous crimes,” which would fall under section 907.041 . . . (4)(a) and it was not established that the Petitioner meets the criteria for section 907.041(4)(c). . . .

ADAMS, v. STATE L., 965 So. 2d 364 (Fla. Dist. Ct. App. 2007)

. . . See § 907.041(4)(c), Fla. Stat. (2007). SHAHOOD, C.J., STEVENSON and TAYLOR, JJ., concur. . . .

WOODS, v. STATE, 987 So. 2d 669 (Fla. Dist. Ct. App. 2007)

. . . Section 907.041(4), Florida Statutes (2006), sets forth circumstances in which a court can require pretrial . . . detention, and section 907.041(4)(e)(6) permits pretrial detention if a defendant was on probation at . . .

NEWTON, v. STATE, 963 So. 2d 929 (Fla. Dist. Ct. App. 2007)

. . . See § 907.041(4)(c), Fla. Stat. (2007). KLEIN, STEVENSON and GROSS, JJ., concur. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA FAMILY LAW RULES REPORT OF THE TASK FORCE ON TREATMENT- BASED DRUG COURTS, 959 So. 2d 250 (Fla. 2007)

. . . facts the court considers relevant. (4) No person charged with a dangerous crime, as defined in section 907.041 . . . certifies to the court that it has investigated or otherwise verified the conditions set forth in section 907.041 . . .

LEE, v. STATE, 956 So. 2d 1292 (Fla. Dist. Ct. App. 2007)

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

In FLORIDA RULES OF CRIMINAL PROCEDURE AND, 948 So. 2d 731 (Fla. 2007)

. . . (amending section 907.041(4)(b), Fla. Stat. (1999)). . . . AMENDMENTS Chapter 2000-178, Laws of Florida, added new subsection (3)(b) to section 907.041, Florida . . . The law also added new subsection (4)(b) to section 907.041: (b) No person charged with a dangerous crime . . . (b)(2) be added to rule 3.131: (2) No person charged with a dangerous crime, as defined in section 907.041 . . . The committee points out that this subdivision is based on former section 907.041(4)(i), Florida Statutes . . .

SMITH, v. STATE, 933 So. 2d 689 (Fla. Dist. Ct. App. 2006)

. . . of mandamus, claiming that the trial court erred in failing to comply with the provisions of section 907.041 . . .

M. YEARY, v. L. BRADSHAW,, 931 So. 2d 1060 (Fla. Dist. Ct. App. 2006)

. . . assure the integrity of the judicial process in accordance with the procedures proscribed in section 907.041 . . .

ALEXANDER, v. JUDD,, 930 So. 2d 847 (Fla. Dist. Ct. App. 2006)

. . . followed by section 903.0471, which is the subject of Parker and states that “[njotwithstanding s. 907.041 . . .

HO, v. STATE, 929 So. 2d 1155 (Fla. Dist. Ct. App. 2006)

. . . defendant is charged with an offense that may subject him or her to pretrial detention pursuant to section 907.041 . . . Moreover, I believe that such a requirement contravenes the expressed purpose of section 907.041, which . . . or the integrity of the judicial process, or failing to appear at trial be detained upon arrest.” § 907.041 . . . See § 907.041(4)(c)(3), Fla. . . . The Legislature enacted section 907.041 to implement the 1983 amendment, and the Florida Supreme Court . . .

RESENDES, v. L. BRADSHAW,, 935 So. 2d 19 (Fla. Dist. Ct. App. 2006)

. . . 1983 amendment to article I, section 14 of the Florida Constitution, the “Legislature enacted section 907.041 . . . P. 3.132(c)(2); § 907.041(4)(c), (i); Paul, 783 So.2d at 1049 n. 11; Johnson v. . . . See § 907.041(4)(a)16, Fla. Stat. (2005). . . . See § 907.041(4)(c)1, 5, 6, 7. . . .

JOHNSON, v. JENNE, 913 So. 2d 740 (Fla. Dist. Ct. App. 2005)

. . . See also § 907.041(4)(c)1, Fla. Stat. (2005); State v. . . . Paul, 783 So.2d 1042, 1049 n. 11 (Fla.2001) (holding that the findings required by section 907.041 must . . .

CASTRO, v. STATE, 914 So. 2d 467 (Fla. Dist. Ct. App. 2005)

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

E. DOLLAR K. v. STATE, 909 So. 2d 399 (Fla. Dist. Ct. App. 2005)

. . . . § 907.041(4)(a), child abuse or aggravated child abuse is defined as a “dangerous crime” for purposes . . . Stat. § 907.041(4)(c)(5), the Court may order pretrial detention if it finds a substantial probability . . .

In FLORIDA RULES OF CRIMINAL PROCEDURE AND, 907 So. 2d 1169 (Fla. 2005)

. . . Raymond, 906 So.2d 1045 (Fla.2005), also issued today, the Court finds section 907.041(4)(b), Florida . . . concerning whether they should be amended to reflect the Legislature’s intent as demonstrated in section 907.041 . . . particularly addressing the policy concerns that the Legislature was attempting to address by enacting section 907.041 . . .

STATE v. RAYMOND,, 906 So. 2d 1045 (Fla. 2005)

. . . ■We have on appeal a decision of the Third District Court of Appeal declaring section 907.041(4)(b), . . . nonmonetary pretrial release at a first appearance hearing.... § 907.041(4)(b), Fla. . . . See § 907.041(4)(a)(18). . . . See § 907.041(4)(a), Fla. Stat. (2000). . . . 907.041(4)(b) is substantive. . . .

DOWD, v. STATE, 892 So. 2d 1123 (Fla. Dist. Ct. App. 2004)

. . . See § 907.041(4)(c)(7), Fla. Stat. (2002). . . .

FRANKLIN, v. STATE, 887 So. 2d 1063 (Fla. 2004)

. . . 903.133, F.S., relating to the prohibition against bail on appeal for certain felony convictions, s. 907.041 . . .

REYES, v. McCRAY, Co., 879 So. 2d 1269 (Fla. Dist. Ct. App. 2004)

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

WILLIAMS, v. STATE, 879 So. 2d 77 (Fla. Dist. Ct. App. 2004)

. . . That the criminal history record does not relate to ... a violation enumerated in s. 907.041 where the . . . Section 907.041, Florida Statutes, is the pretrial detention statute. . . . Id. § 907.041(4)(a). . . . .”§ 907.041(4)(a)18., Fla. Stat. (2003). . . .

MCCLELLAN, v. STATE, 872 So. 2d 420 (Fla. Dist. Ct. App. 2004)

. . . “Section 907.041 tucks neatly into this constitutional provision by defining the standards for the type . . . Section 907.041(4)(c), Florida Statutes (2003) provides: “[t]he court may order pretrial detention if . . . release reasonably sufficient to protect the community from the risk of physical harm to persons. § 907.041 . . . The legislature defined “dangerous . crimes” in section 907.041(4)(a), Florida Statutes (2003). . . . criteria set forth in section 903.046, Florida Statutes (2003), there is no provision under section 907.041 . . .

GOLDEN, v. W. CROW, Jr. As, 862 So. 2d 903 (Fla. Dist. Ct. App. 2003)

. . . of injunction against repeat violence, for which he is eligible for pretrial detention under section 907.041 . . .

A. YOUNG, v. M. SHOAP,, 862 So. 2d 904 (Fla. Dist. Ct. App. 2003)

. . . bond on a charge of aggravated stalking, for which he is eligible for pretrial detention under section 907.041 . . .

DANIELS, v. JENNE,, 847 So. 2d 1081 (Fla. Dist. Ct. App. 2003)

. . . community from risk of physical harm to persons or assure the presence of the accused at trial,” § 907.041 . . .

STATE v. RAYMOND,, 847 So. 2d 565 (Fla. Dist. Ct. App. 2003)

. . . The court held paragraph 907.041(4)(b), Florida Statutes (2000), to be unconstitutional as a procedural . . .

PERRY, v. STATE, 842 So. 2d 301 (Fla. Dist. Ct. App. 2003)

. . . It states: Notwithstanding section 907.041, a court may, on its own motion, revoke pretrial release and . . . It is the procedural counterpart to section 907.041, the pretrial detention statute. . . . However, section 903.0471 is independent of section 907.041, and the procedures and requirements of the . . . There is no indication in the language of section 903.0471, in contrast to section 907.041, that the . . . Section 907.041, Florida Statutes (2002), is the pretrial detention and release statute governing the . . .

PARKER, v. STATE, 843 So. 2d 871 (Fla. 2003)

. . . To implement the 1983 amendment, the Legislature enacted statutory sections 903.046 and 907.041, which . . . First, the Legislature amended section 907.041(4) to read as follows: (c) The court may order pretrial . . . The legislative intent behind section 907.041 was not to narrow the breadth of the trial court’s discretion . . . earlier, involved a violation of a condition which was not a new crime, and thus was analyzed under 907.041 . . . See § 907.041(4)(c), Fla. Stat. (2000). . . . to apply a less forgiving standard than the “substantial probability” standard contained in section 907.041 . . . First, section 907.041(4)(c) links the “substantial probability” standard to the “defendant’s past and . . . Second, all but one of the subsections in section 907.041(4)(c) require findings consistent with article . . . In comparison to the “comprehensive and specific framework” of section 907.041, see Paul, 783 So.2d at . . . that the “probable cause” standard, rather than the substantial probability standard used in section 907.041 . . .

BUHBUT, v. BIELUCH, 835 So. 2d 1222 (Fla. Dist. Ct. App. 2003)

. . . This is a requirement of section 907.041(4)(c)7., Florida Statutes (2002). . . .

WILLIAMS, v. SPEARS,, 814 So. 2d 1167 (Fla. Dist. Ct. App. 2002)

. . . Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial release and order pretrial . . . The phrase “[n]otwithstanding s. 907.041” means that Florida’s pretrial detention statute— § 907.041— . . .

ROBY, v. STATE, 795 So. 2d 189 (Fla. Dist. Ct. App. 2001)

. . . corpus alleging that the trial judge revoked his bond without complying with the requirements of section 907.041 . . . According to Florida Statute 907.041, [sic] regarding pretrial detention, Your Honor— THE COURT: The . . . erred in denying his motion for release from custody without considering the requirements of section 907.041 . . . court’s discretion to deny a subsequent application for a new bond is limited by the terms of [section 907.041 . . .

HOMERDING, v. JENNE,, 804 So. 2d 349 (Fla. Dist. Ct. App. 2001)

. . . We note that the 2000 amendments to Florida Statutes section 907.041 are not applicable to Homerding. . . .

CARD v. MIAMI- DADE COUNTY FLORIDA, 147 F. Supp. 2d 1334 (S.D. Fla. 2001)

. . . . § 907.041(4)(b). . . . Card was not provided or offered the procedures set forth in § 907.041, Rules 3.131 or 3.210, or Florida . . .

AZADI, v. SPEARS,, 826 So. 2d 1020 (Fla. Dist. Ct. App. 2001)

. . . order directing that he be detained without bond pursuant to the pretrial detention statute, section 907.041 . . .

STATE v. PAUL,, 783 So. 2d 1042 (Fla. 2001)

. . . See § 907.041(4). . . . See § 907.041(4)(d). . . . See § 907.041(4)(e). . . . See § 907.041(4)(g). . . . See § 907.041(4)(f). . . .

PARKER, v. STATE, 780 So. 2d 210 (Fla. Dist. Ct. App. 2001)

. . . Notwithstanding § 907.041, a court may, on its own motion, revoke pretrial release and order pretrial . . . Section 907.041, entitled “Pretrial detention and release,” contains very specific criteria for trial . . . Parker argues, relying on the Florida Constitution and section 907.041, that the new statute violates . . . We concluded that section 903.0471 clarified that the legislature had not intended that section 907.041 . . . The same legislature which passed section 903.0471 also amended section 907.041 to authorize pretrial . . .

FORBES, v. STATE, 770 So. 2d 1265 (Fla. Dist. Ct. App. 2000)

. . . See § 907.041(4)(c)7., Fla. Stat. (2000). . . .

YOUNG, v. NEUMANN,, 770 So. 2d 205 (Fla. Dist. Ct. App. 2000)

. . . motion by the state, pretrial detention under rule 3.132, Florida Rule of Criminal Procedure and Section 907.041 . . .

BARNS, v. STATE, 768 So. 2d 529 (Fla. Dist. Ct. App. 2000)

. . . The effect of the ruling in Paul was that unless there was compliance with section 907.041(4)(b), the . . . It was these cases that Paul relied upon in requiring compliance with section 907.041 before imposing . . . Section 907.041(3) was amended to clarify that persons charged with a “dangerous crime” as defined in . . . section 907.041(4)(a) are not entitled to the legislatively created presumption in favor of pretrial . . . The statute makes substantial changes to section 907.041. . . .

THOMAS, v. JENNE,, 766 So. 2d 320 (Fla. Dist. Ct. App. 2000)

. . . Section 907.041 comes into play when the state seeks to have the defendant held in jail without bond . . . The statute’s reference to “failing to appear at trial” and the reference in section 907.041(4)(b)l. . . . One factor most heavily weighs in favor of the interpretation that section 907.041 applies to release . . . See § 907.041(3), Fla. Stat. (1999). . . . Section 903.046 was passed in the same legislative session as section 907.041. . . .

BRADSHAW, v. JENNE,, 754 So. 2d 109 (Fla. Dist. Ct. App. 2000)

. . . state did not request a no-bond hold and did not prove, beyond a reasonable doubt, any of the section 907.041 . . . must be based on a showing of the need for pretrial detention, pursuant to the criteria in section 907.041 . . . Section 907.041 sets forth the legislative intent to protect the safety of the community, as well as . . . There are factors set forth in section 907.041(4)(b)4 that the court can apply to either type of bond . . . See § 907.041(1), Fla. . . .

VALDEZ, S. v. W. MOORE, A., 745 So. 2d 1009 (Fla. Dist. Ct. App. 1999)

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

WINTERS, v. JENNE,, 765 So. 2d 54 (Fla. Dist. Ct. App. 1999)

. . . See § 907.041, Fla.Stat. (1997). DELL, FARMER and STEVENSON, JJ., concur. . . .

SCHWARTZ, v. NEUMANN,, 731 So. 2d 746 (Fla. Dist. Ct. App. 1999)

. . . the state failed to prove the existence of at least one of the four circumstances listed in section 907.041 . . . the state failed to prove the existence of at least one of the four circumstances listed in section 907.041 . . .

RIX, v. JENNE,, 728 So. 2d 827 (Fla. Dist. Ct. App. 1999)

. . . authority to deny bond pending trial is “circumscribed by the provisions of Florida Statute section 907.041 . . . Section 907.041(4)(b)(4) provides that the court can make such finding of “threat of harm” if it finds . . . See § 907.041(4)(b)(4), Fla.Stat. (1997), In addition, subsection 4 provides that the court must find . . . not satisfy its burden of proving the requirements for pre-trial detention in accordance with section 907.041 . . .

PAUL, v. JENNE,, 728 So. 2d 1167 (Fla. Dist. Ct. App. 1999)

. . . Under section 907.041(4)(b) of the statute, the court may order pretrial detention if it finds that any . . . In this case, both parties concede that only the condition in section 907.041(4)(b)4.b. applies. . . . Section 907.041, Florida Statutes, implemented the constitutional amendment and established specific . . . Section 907.041(1), Fla. Stat. (1997). . . . Our intention was to clarify that section 907.041 did not remove a trial judge’s discretion to grant . . .

STATE v. DIAZ, v. v., 734 So. 2d 1082 (Fla. Dist. Ct. App. 1999)

. . . . §§ 907.04, 907.041 & 907.045, Fla. Stat. (1997). . . .

HOUSER, v. MANNING,, 719 So. 2d 307 (Fla. Dist. Ct. App. 1998)

. . . , defendant in essence is arguing that the purpose of section 907.041 was to curtail the power of the . . . In 1982, the Constitution was amended, and section 907.041 enacted, in order to allow the courts to deny . . . Section 907.041 implemented the constitutional amendment, see Gomez, 473 So.2d at 810, and announced . . . Indeed, it has been explicitly held that section 907.041 is complementary to, and does not replace, a . . . It is true that one portion of section 907.041 authorizes the refusal of bond where it is shown “that . . .